Received
OCT 2 0 1981
DOCUMENTS
UGA LIBRARIES

Compiler's Note
General Acts and Resolutions of the 1981 Session are
grouped in Volume One beginning at page 1. Proposed amend-
ments to the Constitution are grouped together beginning at
page 1908, of Volume One. This volume is bound separately.
Local and Special Acts and Resolutions are grouped in Vol-
ume 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 Sec-
retary of State during 1980 are printed in Volume Two begin-
ning on page 5045. Home Rule Actions by Counties filed in the
office of the Secretary of State during 1980 are printed in Vol-
ume Two beginning on page 4929.
There are no numbered pages between 2189 and 3001.
The indexes are printed in each volume and covers the mate-
rial 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
1981
Compiled and Published by Authority of the State
Volume II
&/}
z#
1/
GEORGIA LAWS 1981
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References iv
Bills and ResolutionsAct Number References xiii
Acts and Resolutions of General Application 2A
Resolutions Proposing Amendments to the Constitution 1908
Vetoes by the Governor, 1979 Session 1937
Map of Counties and Judicial Circuits 1948
Appellate CourtsPersonnel 1949
Superior CourtsPersonnel and Calendars 1950
IndexTabular 1959
IndexGeneral 1978
Population of Georgia CountiesAlphabetically................... 2043
Population of Georgia CountiesNumerically 2046
Georgia Senatorial Districts, Alphabetically by County 2048
Georgia Senators, Alphabetically by Name 2050
Georgia Senators, Numerically by District 2052
Georgia House Districts, Alphabetically by County 2054
Georgia Representatives, Alphabetically by Name 2056
Georgia Representatives, Numerically by District 2064
Status of Referendum Elections for the Years 1953-1980 2072
Proclamations Re: 1980 Proposed Constitutional Amendments........ 2150
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References xiii
Acts and Resolutions of Local Application 3003
County Home Rule Actions......................................... 4929
Municipal Home Rule Actions 5045
Vetoes by the Governor, 1979 Session 5162
Map of Counties and Judicial Circuits 5173
Appellate CourtsPersonnel 5174
Superior CourtsPersonnel and Calendars 5175
IndexTabular 5184
IndexGeneral 5203
Population of Georgia CountiesAlphabetically 5268
Population of Georgia CountiesNumerically 5271
Georgia Senatorial Districts, Alphabetically by County 5273
Georgia Senators, Alphabetically by Name 5275
Georgia Senators, Numerically by District 5277
Georgia House Districts, Alphabetically by County 5279
Georgia Representatives, Alphabetically by Name 5281
Georgia Representatives, Numerically by District 5289
Status of Referendum Elections for the Years 1953-1980 5297
Proclamations Re: 1980 Proposed Constitutional Amendments 5375
iii
Act .
Act.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Page
Page
3092
383
384
3095
3097
3099
3101
388
3103
389
390
407
3104
409
3106
3110
3112
3115
3117
411
413
3120
423
425
429
430
3131
3133
3135
3138
3140
3142
3144
3152
436
444
3155
3158
3159
3162
3164
3166
3169
454
459
460
Page Act No.
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No.
3003 47 . .
3 48 . .
114 49 .
116 50
117 51 . . .
119 52 . .
3006 53 . .
3011 54 . . .
3013 55 ...
3016 56
3018 57 ...
3021 58 . . .
3023 59
3027 60 . . .
3030 61
3033 62
3038 63 . . .
120 64 ...
121 65 .
133 66
139 67 .
144 68 -
147 69
149 70
168 71 .
3041 72 . . .
3043 73 ...
3045 74 .
3047 75
3050 76 . . .
3053 11 ...
3055 78 . . .
3058 79
3060 80 . . .
3063 81 .
178 82 . . .
3065 83
180 84 . . .
3077 85 . . .
3080 86 .
3082 87 ...
3084 88 . . .
3087 89 . . .
184 90
380 91
3090 92
IV
Act No.
Page
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
Page Act No.
462 143 3261
469 144 3262
473 145 3264
477 146 3267
3171 147 529
480 148 3269
486 149 3278
3172 150 3279
487 151 530
3174 152 531
3177 153 3280
3179 154 532
3181 155 3281
3184 156 533
490 157 534
3186 158 535
3189 159 536
3192 160 537
3196 161 3282
3197 162 538
3199 163 3283
3202 164 3284
3212 165 539
3221 166 3285
3223 167 540
3225 168 541
494 169 3286
496 170 3287
497 171 3298
500 172 3302
504 173 542
508 174 3304
510 175 3307
516 176 544
517 177 3308
518 178 545
3227 179 3309
521 180 3310
527 181 546
3231 182 547
3243 183 3311
3245 184 3325
528 185 3327
3247 186 3343
3249 187 3345
3251 188 3348
3254 189 3351
3257 190 3354
3258 191 3356
3259 192 3359
V
Act No.
Page
193
194
195
196
197
198
199
200
201
202
203
204
205
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
238
239
240
241
242
Page Act No.
3363 243 3597
3366 244 3626
3369 245 3630
3371 246 3632
3374 247 3635
3377 248 3638
3379 249 3643
3381 250 3645
3383 251 3656
3387 252 3658
3418 253 3661
3428 254 3663
3442 255 3666
3444 256 3668
3446 257 3673
3450 258 3675
3452 259 3677
3464 260 3689
3467 261 3691
3470 262 3694
3472 263 3696
3474 264 552
548 265 3697
3477 266 3700
3480 267 3703
3482 268 3708
3486 269 3710
3489 270 3713
3491 271 553
3501 272 3716
3535 273 3719
3537 274 3721
3538 275 3724
3544 276 3726
3546 277 3728
3549 278 3731
3551 279 3733
3553 280 3736
3558 281 3739
3569 282 3743
3574 283 3746
3575 284 3776
3577 285 3779
3580 286 3795
3581 287 3796
3583 288 3798
3586 289 3802
551 290 3814
3591 291 3816
3594 292 3818
VI
Act No.
Page
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
595
3957
3960
3962
3964
3966
3969
3972
3977
3979
3982
3984
3987
3991
3993
3995
3997
3999
4001
4004
4006
4011
4014
4016
4018
4019
4021
4024
4027
4031
4041
4046
4059
4061
4064
4067
4069
4072
4075
4077
4079
4082
4084
4086
4088
4090
4092
4094
4098
4101
Page Act
3821 343
3825 344
3828 345
3831 346
3834 347
3846 348
3848 349
3850 350
3853 351
554 352
557 353
593 354
3857 355
3859 356
3862 357
3865 358
3868 359
3870 360
3873 361
3875 362
3877 363
3881 364
3883 365
3886 366
3894 367
3897 368
3899 369
3902 370
3904 371
3907 372
3911 373
594 374
3913 375
3915 376
3918 377
3920 378
3922 379
3925 380
3927 381
3930 382
3933 383
3935 384
3937 385
3941 386
3943 387
3945 388
3948 389
3950 390
3952 391
3955 392
vii
Act No.
Page
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
601
4239
4241
602
4242
4243
4245
604
4247
4251
4253
4255
4257
4260
4262
4264
4267
4269
4272
4274
4277
4279
4282
4284
4287
608
610
611
615
617
619
621
622
623
624
625
626
633
634
636
637
638
639
640
643
644
649
652
4289
654
Page Act
4104 443
4106 444
4108 445
4111 446
4113 447
4117 448
4120 449
4122 450
4124 451
4126 452
4129 453
4131 454
4135 455
4137 456
4140 457
4143 458
4157 459
4161 460
4163 461
4166 462
4168 463
4172 464
4174 465
4176 466
4178 467
4181 468
4184 469
4186 470
4189 471
4191 472
4193 473
4196 474
4198 475
4201 476
4204 477
4206 478
4210 479
597 480
4212 481
4219 482
4221 483
4223 484
4226 485
4228 486
4230 487
4232 488
4234 489
4237 490
599 491
4238 492
viii
Act No.
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
Page Act No. Page
655 543 766
656 544 767
657 545 769
660 546 770
662 547 774
663 548 4301
667 549 775
668 550 777
672 551 778
673 552 781
676 553 782
677 554 784
681 555 785
682 556 787
683 557 789
684 558 791
685 559 792
687 560 796
688 561 798
690 562 804
692 563 805
693 564 806
694 565 808
696 566 809
698 567 812
699 568 814
700 569 817
702 570 818
703 571 819
704 572 822
705 573 823
706 574 825
4299 575 828
710 576 829
711 577 831
713 578 833
714 579 834
717 580 836
718 581 838
726 582 840
729 583 842
730 584 844
732 585 845
733 586 846
735 587 848
753 588 849
755 589 851
756 590 852
760 591 854
763 592 855
IX
Act No.
Page
Page
593 ......................... 856
594 ......................... 857
595 ......................... 862
596 ......................... 865
597 ......................... 867
598 ......................... 868
599 ......................... 870
600 ......................... 870
601 ......................... 872
602 ......................... 874
603 ......................... 875
604 ......................... 876
605 ......................... 878
606 ....................... 880
607 ......................... 883
608 ......................... 893
609 ......................... 894
610 ......................... 895
611 ......................... 896
612 ......................... 899
613 ......................... 900
614 ......................... 915
615 916
616 ......................... 917
617 ......................... 918
618 ......................... 920
619 ......................... 921
620 ......................... 927
621 ......................... 929
622 ......................... 931
623 ......................... 935
624 ........................ 4302
625 ......................... 936
626 ......................... 946
627 ......................... 947
628 ......................... 951
629 ......................... 953
630 ......................... 955
631 ......................... 959
632 ......................... 960
633 ......................... 962
634 ......................... 965
635 ......................... 973
636 ......................... 976
637 ......................... 977
638 ......................... 980
639 ......................... 983
640 ........................ 4304
641 ......................... 985
642 ......................... 986
987
991
996
4331
4335
998
1003
4339
1004
1006
4342
4344
1008
1009
1010
1016
1017
1019
1020
1022
1024
1026
1027
4346
4350
4360
4362
1029
4364
4370
1034
1036
1232
4373
1235
1238
4376
4381
1241
1244
1254
1256
4386
4393
4404
4451
4454
4463
4470
4502
Act
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
X
Act No.
Page
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
Page Act No.
1258 743 1334
4531 744 1336
1265 745 1354
4535 746 4885
4545 747 1366
4576 748 1377
4587 749 1378
1266 750 1380
4591 751 1383
4594 752 1385
4597 753 1386
4609 754 1390
4645 755 1392
4670 756 1393
4688 757 1394
4697 758 1396
4713 759 1417
4719 760 1419
4722 761 1420
4734 762 1421
4743 763 1422
1267 764 1425
4750 765 1429
4756 766 1430
4759 767 1433
4763 768 1434
4794 769 1436
4807 770 1439
4810 771 1441
4815 772 1445
4821 773 1447
4829 774 1450
4831 775 1456
4843 776 1457
4846 777 1549
4860 778 1550
4870 779 1552
4872 780 1554
4875 781 1565
1269 782 1566
1306 783 1570
1311 784 1576
1315 785 1578
1318 786 4914
1320 787 1581
1325 788 1583
1327 789 1585
1329 790 1587
1330 791 1703
1331 792 1716
XI
Act No.
Page
Page Act No.
793 ...................... 1718 811 ............
794 ...................... 1728 812 ............
795 ...................... 1739 813 ............
796 ...................... 1740 814 ............
797 ...................... 1741 815 ............
798 ....................... 1744 816
799 ...................... 1758 817 .........
800 ...................... 1759 818 ............
801 ...................... 1779 819 .........
802 ...................... 1789 820 ............
803 ...................... 1795 821 ............
804 ...................... 1797 822 ............
805 ...................... 1798 823 ............
806 ...................... 1801 824 ............
807 ...................... 1802 825 ............
808 ....................... 1803 826 ..........
809 ...................... 1808 827 ............
810 ....................... 1809
RESOLUTIONS BY NUMBER
Res. No. Page Res. No.
1 ......................... 2A 28.............
2 ...................... 134 29 ............
3 ...................... 136 30 ............
4 ........................ 137 31 .........
5 ...................... 421 32 ............
6 ...................... 1458 33 ............
7 ...................... 4890 34 ............
8 ...................... 1461 35 ......
9 ....................... 1469 36 .........
10 ....................... 1470 37 .............
11 ........................ 1472 38 ...........
12 ....................... 1474 39 .............
13 ........................ 1477 40 ...........
14 ........................ 1480 41 ...........
15 ........................ 1481 42 ...........
16 ........................ 1483 43 ...........
17 ........................ 1485 44 ...........
18 ........................ 1487 45 ...........
19 ....................... 1489 46 ..........
20 ........................ 1491 47 ........
21 ....................... 1492 48 .............
22 ....................... 1495 49 .............
23 ....................... 1496 50 ..........
24 ........................ 1498 51 ...........
25 ....................... 4891 52 .............
26 ....................... 4892 53 .............
27 ....................... 4893 54 .............
1814
1815
1826
1828
1853
1856
1857
1887
1888
1889
1892
1894
1898
1903
4918
1906
4922
Page
1499
1502
1504
1508
1510
1512
4894
1515
1517
4895
1521
4896
4897
4899
4900
1525
1528
4901
1529
1532
4903
1533
1534
4904
1536
4905
4906
xii
Res. No.
Res. No.
Page
Page
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
4907
4908
4909
1538
1539
4910
1540
4911
1543
1545
4913
1547
1909
1911
1913
70
71
72
73
74
75
76
77
78
79
80
81
82
83
1914
1916
1917
1920
1921
1923
1926
1928
1931
1933
1934
1568
1849
1850
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill
Act No. House Bill
Act No.
3 ......................... 817
4 ......................... 732
5 ......................... 208
6 ......................... 209
8 ........................... 787
15 ........................ 818
16 .......................... 4
17 ......................... 18
18 ........................ 733
23 .......................... 788
26 .......................... 468
29 ........................ 469
30 ........................ 470
32 ............................ 5
34 ......................... 55
35 ......................... 21
39 ........................ 471
40 ........................ 472
41 .......................... 1
42 ......................... 45
47 .......................... 473
50 ........................ 474
51 ........................ 210
53 ........................ 475
54 ........................ 779
57 ........................ 211
58 .....................Veto 5
59 ......................... 94
63 .......................... 217
64 ........................... 476
67 ......................... 477
68 ......................... 734
69 ......................... 218
70 ......................... 219
72 ........................... 478
77 ........................... 220
80 ........................... 479
87 ........................... 780
93 ........................... 480
101 ........................ 481
102 ........................ 482
103 ........................ 483
104 ........................ 484
109 .......................... 485
114 6
121 ......................... 56
122 24
123 ........................ 735
124 ........................ 486
126 .......................... 487
128 ........................ 488
129 ........................ 489
130 .................... Veto 6
131 ........................ 789
132 95
136 .......................... 790
139............................ 38
143 .......................... 673
xiii
151
152
161
162
163
164
167
169
179
181
182
184
185
186
187
188
189
195
196
197
198
199
200
201
202
203
204
205
206
207
208
210
211
213
215
216
217
219
220
221
227
229
230
231
235
237
241
247
No.
815
820
511
512
772
227
216
513
10
97
215
68
58
675
o 12
676
514
515
516
517
773
518
519
520
821
822
739
677
214
213
212
521
11
12
228
522
303
229
740
678
523
524
98
525
679
230
680
232
66
House Bill
Act No.
490 249
221 250
7 253
... 125 254
791 257
44 260
... 674 261
491 263
... 791 265
492 266
. 96 267
493 269
... 90 270
... 494 271
... 495 272
.. 496 273
... 222 274
... 736 275
... 223 276
... 22 277
... 23 278
... 792 279
. 8 280
. . . 497 281
. 819 283
... 57 286
. . 67 287
498 292
9 293
499 294
. . . 500 295
. 737 299
. 126 301
131 302
.. 781 303
501 306
. . 224 309
225 310
502 314
... 503 317
... 738 319
. . 504 323
. 505 324
226 330
. 506 331
507 332
508 333
. . 771 338
509 339
510 343
xiv
House Bill
Act No. House Bill
Act No.
345
346
348
349
351
359
360
362
369
372
374
377
378
383
385
395
396
397
402
403
405
406
410
411
413
414
415
416
420
421
422
423
424
426
427
428
429
431
432
433
439
441
446
447
448
449
450
452
453
457
. 741
36
233
236
237
527
528
529
. 235
530
234
Veto 7
531
532
239
99
91
533
. . 127
. . 534
793
794
. . 795
. . 796
. . 797
535
536
. 537
681
682
782
538
539
69
540
541
. 542
238
Veto 8
543
240
241
. 544
242
243
. . 244
100
245
545
683
459 .......................... 546
461 246
462 ......................... 247
465 13
466 14
467 15
468 .......................... 248
469 .......................... 547
470 .......................... 249
472 .......................... 250
473 231
474 548
475 .......................... 549
476 .......................... 550
478 .......................... 551
479 59
481 552
483 101
486 .......................... 553
488 .......................... 554
489 555
490 556
491 73
492 74
493 16
494 17
495 251
496 557
497 252
498 253
499 254
500 .......................... 255
502 .......................... 742
508 ......................... 256
509 257
510 .......................... 258
511 259
515........................... 558
517 260
518 .......................... 261
519 .......................... 262
520 ........................... 46
521 .......................... 684
523 .......................... 263
525 .......................... 559
527 .......................... 264
528 60
531 .......................... 560
536 ........................ 685
537 ........................... 92
xv
551
552
554
556
562
564
566
567
568
569
574
575
576
579
581
582
585
586
587
588
590
591
592
593
594
595
598
599
600
601
602
604
606
607
613
617
618
619
620
621
624
631
t No.
570
40
3 to 9
282
571
744
824
572
688
283
75
107
76
77
78
284
285
286
689
287
288
289
290
291
292
293
294
295
296
573
108
690
574
297
298
299
691
692
41
42
43
300
301
302
62
79
80
63
Act No. House Bill
61 633
265 635 .....
561 639
266 642
267 643 .....
... 798 651 .....
562 653
563 656
... 564 658 .....
268 659
799 661
785 662 .....
269 663
270 664 .....
... 28 665 .....
29 667
30 668
31 669
800 670
823 671 .....
.565 673
.271 675
.272 676 .....
686 679
.566 680
273 681 .....
274 682 .....
275 683 .....
567 684 .....
.276 685 .....
277 687 .....
278 688 .....
279 693
568 699
.102 700 .....
103 701
104 702
105 703
106 704 .....
569 705
280 706
. 47 707 .....
.687 709 .....
32 710
33 711
.743 712 .....
.. 34 713 .....
. 35 714
39 715
281 716 .....
xvi
721
725
726
727
729
730
734
736
738
740
741
744
745
746
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
771
772
775
776
777
778
785
786
787
788
790
791
792
793
794
House Bill
Act No.
Act No.
745 799 332
304 800 333
37 801 334
305 804 335
306 805 336
307 806 337
308 808 338
693 809 339
801 810 699
309 811 340
576 812 700
577 815 701
578 816 82
579 818 341
93 820 342
580 821 Ill
310 822 747
110 825 343
81 827 344
313 828 345
314 829 346
311 830 347
312 831 348
315 832 826
316 834 582
581 835 349
317 836 702
318 837 350
319 838 112
320 839 351
321 840 353
694 841 352
322 850 83
323 851 583
695 852 584
746 859 354
324 860 355
325 861 356
64 862 357
696 863 358
326 864 359
327 865 360
697 866 361
698 867 362
328 868 363
329 869 364
65 872 365
825 873 366
330 874 367
331 875 113
xvn
877
878
882
885
886
887
889
893
894
895
897
900
903
909
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912
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916
917
918
919
921
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926
929
932
933
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936
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938
941
942
947
948
949
950
951
952
954
955
957
958
959
960
962
963
964
House Bill
Act No.
Act No.
703 965
704 966
368 967
369 968
370 969
585 970
371 971
705 972
372 973
706 974
373 976
707 978
586 979
374 980
587 982
375 983
376 984
377 991
827 996
378 998
708 999
379 1000
380 1001
709 1002
381 1003
710 1004
382 1005
383 1006
384 1007
385 1010
386 1011
387 1012
388 1013
389 1014
390 1016
711 1017
84 1018
391 1019
392 1020
712 1021
713 1022
393 1023
394 1024
588 1025
714 1026
129 1029
395 1031
396 1032
397 1033
398 1035
399
400
401
.... 402
403
.... 404
.... 405
.... 406
407
. . . 715
... 408
409
.... 410
. 411
. . . 412
... 413
... 414
. . 415
.... 589
416
. 716
.... 417
. 418
.... 85
86
... 87
... 88
89
419
420
421
. 717
114
423
. . 422
424
786
425
... 427
Veto 10
426
428
. . 718
429
430
. 719
431
432
720
721
xviii
1036
1037
1038
1039
1040
1041
1042
1044
1045
1046
1053
1056
1057
1058
1059
1060
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1062
1063
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1068
1069
1072
1076
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1080
1081
1082
1083
1084
1085
1088
1089
1090
1091
1092
1093
1094
1095
1096
1099
Sena
1
590
591
2
48
748
592
70
71
3
593
594
774
115
132
19
595
596
749
750
775
49
597
598
599
600
to 1
601
602
603
604
605
751
777
to 2
778
802
606
607
784
608
803
804
609
133
805
806
807
752
610
808
Act No. Senate Bill
.... I'll 2........
433 3 ..
723 9
... 434 11
435 12
436 13
... 437 14
.... 724 15 ..
.... 438 17 ..
.... 725 18 ..
.439 21 .
.726 23
440 26
.... 441 27 ..
.... 443 29 ..
.... 442 30 ...
.... 444 31 ...
.... 445 32 ...
Veto 11 33 .
446 35
.... 447 36 ...
448 39
.... 727 40 ...
.... 728 41 ...
..... 449 42 ..
450 43 ..
.729 44
.... 451 45 ...
..... 730 48 .
..... 452 51
..... 453 52 ..
..... 454 54 ... .
455 61
..... 456 69 ..
..... 457 70 ..
..... 731 71 ..
.458 79 ..
... 459 80
460 82
461 84
..... 462 85 ..
..... 463 86 ..
..... 464 87 ..
..... 465 88 ..
466 91
467 93
99
Act No. 100
101
783 102
zix
105
108
114
115
116
118
120
122
126
127
128
129
130
131
136
138
141
145
146
148
149
151
152
154
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159
160
161
164
183
185
189
192
193
196
198
200
202
203
204
205
206
209
210
211
213
214
215
217
Act No. Senate Bill
Act No.
.611 218....................... 117
. 816 220 633
. 809 222 634
. 753 223 635
. 612 225 636
. 613 229 637
.134 231 147
. 614 232 118
. 615 234 638
.135 237 639
. . 50 238 758
. . 51 240 811
. . 52 241 148
.136 242 20
. 754 245 812
. 616 246 640
. 617 249 25
.618 252 641
.137 257 759
. 810 258 149
. 619 259 150
.138 260 151
. 620 261 152
. 621 264 153
.622 265 154
Veto 3 266 155
. 623 267 156
.124 268 157
.139 269 158
. 624 270 159
. 625 271 160
.755 272 161
. 626 273 162
.140 274 163
141 275 164
.142 276 165
. 627 277 166
. 628 278 167
. 629 279 168
630 280 169
.143 288 813
. 631 289 760
. 632 290 761
144 292 119
.116 295 120
145 298 814
.756 300 170
146 301 762
. 757 302 171
.128 303 172
xx
304
305
307
309
314
316
319
323
324
328
330
331
332
333
334
335
336
337
338
339
340
341
345
347
348
350
351
352
353
354
355
356
357
358
359
360
361
362
363
369
370
371
373
374
375
376
377
381
Act No. Senate Bill
Act No.
173
642
643
763
. . 174
. . 121
644
. . 776
. . 72
645
646
. . 647
. . 175
.. 176
.. 177
. . 178
. . 179
. 180
181
. 54
182
. . 764
183
. . 648
. 649
. 184
. . 185
765
Veto 4
26
27
186
. 187
188
189
650
190
191
192
. . 651
652
193
654
653
194
53
195
655
656
766
385
388
392
393
395
397
401
404
405
407
409
411
412
416
419
420
421
423
424
425
426
427
428
436
437
438
441
444
447
450
452
453
454
455
456
657
658
122
196
659
660
661
197
198
662
767
663
768
769
664
665
199
200
666
201
123
202
203
667
770
668
669
670
671
130
204
672
205
206
207
House Resolution Res. Act No.
13
21
22
31
42
45
56
59
60
61
62
64
25
26
27
28
1
29
30
31
2
3
4
32
xxi
House Resolution
65
80
93
108
110
111
113
115
119
141
142
143
144
145
146
147
148
151
154
155
156
161
164
170
192
206
210
213
214
215
216
227
229
230
231
232
245
Res. Act No. House Resolution Res. Act No.
.....33 248.........................60
.....34 249.........................61
.....35 251.........................62
.....36 271.............................76 CA
.....37 293.........................63
.....68 CA 302......................... 5
.....38 307.............................77 CA
.....82 308.........................64
.....69 CA 329.........................65
.....39 338.............................78 CA
.....70 CA 339.............................79 CA
.....40 356.............................80 CA
.....41 357.........................66
.....42
43 Senate Resolution Res. Act No.
.....44 7......................... 6
.....45 20 7
.....46 21......................... 8
.....47 54 9
.....48 60.........................10
.....49 61.........................81
.....50 63.........................11
.....51 66.........................12
.....71 CA 76 13
.....52 80.........................14
.....72 CA 85.........................15
.....73 CA 86.............................67 CA
.....74 CA 95 16
.....53 106........................ 17
.....75 CA 109 18
.....54 HI.........................19
.....83 H9.........................20
.....55 121.........................21
.....56 125.........................22
.....57 129.........................23
.....58 135 24
.....59
XXII
LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
19 8 1
Compiled and Published by Authority of The State
1




















LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
19 8 1
CITY or CUMMING PUNISHMENT IMPOSED
BY THE POLICE COURT.
No. 1 (House Bill No. 41).
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,
particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p.
3159), so as to change the punishment which can be imposed by the
police court; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a charter for the City of Cumming,
approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended,
particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p.
3159), is hereby amended by striking from the fourth undesignated
paragraph of Section 21 thereof the words:
two hundred dollars,
and substituting in lieu thereof the following:
3004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$500.00,
and by striking from said paragraph the words:
fifty days,
and substituting in lieu thereof the words:
six months,
so that when so amended the fourth undesignated paragraph of
Section 21 shall read as follows:
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.
Said police court shall have power and authority to impose fines and
to inflict punishments, after convictions, upon all violators of the
laws, resolutions and ordinances of said city, by fines not exceeding
$500.00 and by compulsory labor in the chain-gang upon the streets or
public works of said city under the control and direction of the proper
officers, not to exceed six months, 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.
Section 2. Said Act is further amended by striking in its entirety
the fifth undesignated paragraph of Section 21 thereof, which reads
as follows:
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.,
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 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.
GEORGIA LAWS 1981 SESSION
3005
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 Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1981
General Assembly of the State of Georgia, a bill to amend the City
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 decrease those fines for contempt of said Court, and
to repeal all conflicting laws therewith.
This the 4 day of December, 1980.
/s/ Joe T. Wood
Representative,
9th District, Post 1
/s/ Bobby Lawson
Representative,
9th District, Post 2
/s/ Jerry Jackson
Representative,
9th District, Post 3
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 Forsyth County News which is the
official organ of Forsyth County, on the following dates: December 10,
17,23,1980.
3006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Jerry D. Jackson
Representative,
9th District
Sworn to and subscribed before me,
this 7th day of January, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved February 11,1981.
MERIWETHER COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 7 (House Bill No. 151).
AN ACT
To amend an Act creating and establishing a Small Claims Court
in and for Meriwether County, approved February 23,1979 (Ga. Laws
1979, p. 3031), so as to change the provisions relative to certain costs
of the court; to change the provisions relative to the time for setting
hearing dates; to change the provisions relative to the reimbursement
to the judge of said court for the collection of deferred partial
payments on judgments; to change the provisions relative to fees of
the constable or sheriff; to provide that the judge of said court shall
receive the same fees as provided justices of the peace by the general
law, unless specifically provided otherwise; to provide for other
matters relative to the foregoing; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1981 SESSION
3007
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims
Court in and for Meriwether County, approved February 23, 1979
(Ga. Laws 1979, p. 3031), is hereby amended by striking from subsec-
tion (d) of Section 6 the following:
$5.00,
and inserting in lieu thereof the following:
$7.50,
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 $7.50. The cost of service shall be
advanced by the party demanding same, shall be included in the filing
fee hereinafter provided, and shall be taxed as other costs.
Section 2. Said Act is further amended by striking from subsec-
tion (f) of Section 6 the following:
thirty,
and inserting in lieu thereof the following:
forty-five,
so that when so amended, subsection (f) of Section 6 shall read as
follows:
(f) Said notice shall include the date, hour and location of the
hearing, which date shall not be less than ten nor more than forty-five
days from the date of the service of said notice. All hearings shall be
set for such regular location as the judge shall set by rule and at such
regular day and time each month as the judge shall set by rule.
Section 3. Said Act is further amended by striking from subsec-
tion (a) of Section 8 the first two sentences which read as follows:
3008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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,
including the cost of service of the notice. The deposit of cost in cases
of attachment, garnishment or trover shall be $15.00.,
and inserting in lieu thereof the following:
The plaintiff, when he files his claim, shall deposit the sum of
$20.00 with the court along with the sum of $7.50 for each additional
defendant named in the claim, which shall cover all costs 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.,
so that when so amended, subsection (a) of Section 8 shall read as
follows:
The plaintiff, when he files his claim, shall deposit the sum of
$20.00 with the court along with the sum of $7.50 for each additional
defendant named in the claim, which shall cover all costs 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 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 losing
party.
Section 4. Said Act is further amended by striking from subsec-
tion (b) of Section 8 the following:
$7.50,
and inserting in lieu thereof the following:
$20.00,
so that when so amended subsection (b) of Section 8 shall read as
follows:
(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
GEORGIA LAWS 1981 SESSION
3009
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.
Section 5. Said Act is further amended by striking from Section
12 the following:
clerical and accounting,
and inserting in lieu thereof the following:
clerical, accounting, and time,
so that when so amended, Section 12 shall 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, he may do so at the expense
of the plaintiff for clerical, accounting, and time costs incurred
thereby.
Section 6. Said Act is further amended by striking Section 23 in
its entirety and inserting a new Section 23 to read as follows:
Section 23. The fees of the constable or sheriff for the execution
of a fi. fa. shall be $15.00 plus a reasonable amount for all necessary
costs incurred in the levy and sale of the property, which shall 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%) of any amount in excess of $250.00,
with a minimum amount of $15.00.
Section 7. Said Act is further amended by inserting a new
section immediately following Section 23, to be designated Section
23A, to read as follows:
Section 23A. The fees to be provided the judge of the Small
Claims Court, unless specifically provided otherwise in this Act, shall
be the same as now or hereafter provided for justices of the peace by
the general law of this state.
3010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating and establishing a small claims court in and for
Meriwether County, approved February 23, 1979 (Ga. Laws 1979, p.
3031); and for other purposes.
This 15th day of December, 1980.
Claude A. Bray, Jr.
Representative,
70th District
Meriwether County
Commissioners
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 which is the
official organ of Meriwether County, on the following dates:
December 19,26,31,1980.
/s/ Claude A. Bray, Jr.
Representative,
70th District
GEORGIA LAWS 1981 SESSION
3011
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
TALBOT COUNTY COMPENSATION OF COUNTY
COMMISSIONERS.
No. 8 (House Bill No. 198).
AN ACT
To amend an Act changing the compensation of the members of
the board of county commissioners of Talbot County, approved
February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2188), as
amended, particularly by an Act approved February 28, 1966 (Ga.
Laws 1966, p. 2153), so as to change the compensation of the members
of the board of county commissioners of Talbot 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 changing the compensation of the members of
the board of county commissioners of Talbot County, approved
February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2188), as
amended, particularly by an Act approved February 28, 1966 (Ga.
Laws 1966, p. 2153), is hereby amended by striking from Section 1
thereof the following:
3012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
twelve hundred ($1200.00) dollars per annum,
and inserting in lieu thereof the following:
$3,600.00 per annum,
so that when so amended said Section 1 shall read as follows:
Section 1. The members of the board of county commissioners of
Talbot County shall be compensated in the amount of $3,600.00 per
annum, to be paid from the general funds of Talbot County in equal
monthly installments.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act changing the compensation of the members of the board of
county commissioners of Talbot County, approved February, 5,1953
(Ga. Laws 1953, Jan.-Feb. Sess., p. 2188), as amended; and for other
purposes.
This 15th day of December, 1980.
Claude A. Bray, Jr.
Representative,
70th District
Talbot County
Commissioners
Georgia, Fulton County.
GEORGIA LAWS 1981 SESSION
3013
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: December 18,
24,31,1980.
/s/ Claude A. Bray, Jr.
Representative,
70th District
Sworn to and subscribed before me,
this 13th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
CLINCH COUNTY SHERIFFS COMPENSATION,
DEPUTY SHERIFFS.
No. 9 (House Bill No. 204).
AN ACT
To amend an Act placing the sheriff of Clinch County on an
annual salary in lieu of the fee system of compensation, approved
March 30,1965 (Ga. Laws 1965, p. 2897), as amended, particularly by
an Act approved April 5, 1979 (Ga. Laws 1979, p. 3211), so as to
change the compensation of the sheriff; to change the provisions
3014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relating to the salaries of the deputy sheriffs; 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 Clinch County on an
annual salary in lieu of the fee system of compensation, approved
March 30,1965 (Ga. Laws 1965, p. 2897), as amended, particularly by
an Act approved April 5, 1979 (Ga. Laws 1979, p. 3211), 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 an annual salary of not less
than $15,500.00 and not more than $18,500.00, the exact amount
thereof to be fixed and determined by the governing authority of
Clinch County. Whenever the governing authority of Clinch County
shall raise the annual salary of the sheriff to a figure which shall
exceed $16,500.00 per annum, the governing authority shall publish a
notice of its intention to do so in the official organ of Clinch County
once a week for three weeks prior to such action taking place. The
compensation of the sheriff shall be paid in equal monthly install-
ments from the funds of Clinch County.
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 sheriff is hereby authorized to appoint three
deputy sheriffs and one part-time deputy sheriff to assist him in the
performance of his duties, and such deputy sheriffs and part-time
deputy sheriff shall serve at the pleasure of the sheriff. Each of the
two deputy sheriffs shall receive a salary of not less than $10,800.00
per annum and not more than $15,600.00 per annum. The deputy
sheriffs shall not be eligible to receive the maximum salary specified
herein until they have completed the basic course of instruction
offered by the Georgia Peace Officer Standards and Training Council.
The part-time deputy sheriff shall receive a salary of not less than
$1,200.00 per annum and not more than $2,400.00 per annum. The
sheriff shall be authorized to fix the salaries of the deputy sheriffs and
part-time deputy sheriff within said limits with the approval of the
board of commissioners of Clinch County, and when so fixed by the
sheriff said salaries shall be paid in equal monthly installments from
the funds of Clinch County.
GEORGIA LAWS 1981 SESSION
3015
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
1981 General Assembly of Georgia a bill to increase the salary of the
Sheriff and Sheriffs Deputies of Clinch County; to repeal conflicting
laws and for other purposes.
This the 12th day of December, 1980.
Tom Crosby
Representative,
150th District
Georgia, Clinch County.
Personally appears before the undersigned officer authorized to
administer oaths, Iverson H. Huxford, who on oath deposes and says
that he is publisher of The Clinch County News, the official publi-
cation organ of Clinch County, Georgia, and that the below Notice of
Intention to Introduce Local Legislation was duly published in said
publication the issues of December 18,1980, December 25,1980, and
January 1,1981.
/s/ Iverson H. Huxford
Publisher
3016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 13th day of January, 1981.
/s/ Betty R. Williams
Notary Public, Clinch County, Ga.
(Seal).
Approved February 27,1981.
STATE COURT OF WARE COUNTY SALARIES OF
JUDGE AND SOLICITOR.
No. 10 (House Bill No. 265).
AN ACT
To amend an Act creating the State Court of Ware County,
formerly the City Court of Waycross, approved December 11, 1897
(Ga. Laws 1897, p. 510), as amended, particularly by an Act approved
March 22, 1974 (Ga. Laws 1974, p. 3118), so as to change the
compensation of the judge and the solicitor of the court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Ware County,
formerly the City Court of Waycross, approved December 11, 1897
(Ga. Laws 1897, p. 510), as amended, particularly by an Act approved
March 22, 1974 (Ga. Laws 1974, p. 3118), is hereby amended by
striking from Section 4A the figures $6,200 and $5,300, and
inserting in lieu thereof the figures $14,400 and $12,240, so that
when so amended said section shall read as follows:
GEORGIA LAWS 1981 SESSION
3017
Section 4A. The Judge of the State Court of Ware County shall
receive an annual salary of $14,400. The Solicitor of the State Court
of Ware County shall receive an annual salary of $12,240. Said
compensation shall be paid in equal monthly installments from the
funds of Ware County.
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 1981
Session of the Georgia General Assembly, a bill to increase the salary
of the Judge and Solicitor of the State Court of Ware County.
This 27 day of December, 1980.
Harry D. Dixon
Representative,
151st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Harry 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: December
27,1980, January 3,10,1981.
/s/ Harry Dixon
Representative,
151st District
3018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 19th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
MURRAY COUNTY COMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 11 (House Bill No. 301).
AN ACT
To amend an Act placing the clerk of the superior court, sheriff,
judge of the probate court, and tax commissioner of Murray County
upon an annual salary, approved February 28,1966 (Ga. Laws 1966, p.
2509), as amended, so as to change the compensation of said officers;
to provide for longevity increases; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the superior court, sheriff,
judge of the probate court, and tax commissioner of Murray County
upon an annual salary, approved February 28,1966 (Ga. Laws 1966, p.
2509), as amended, 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 $20,000.00. In addition thereto the clerks salary shall be
increased by 2 1/2 percent for each year in office served by the clerk
GEORGIA LAWS 1981 SESSION
3019
for any year beginning on or after January 1, 1980, such increase to
take effect on January 1 of the year following completion of each such
year of service and to be computed based on the clerks salary on the
day immediately previous to the day on which any such increase is to
take effect. The clerks salary shall be payable in monthly install-
ments from the funds of Murray 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 sheriff shall receive an annual salary of
$21,000.00. In addition thereto the sheriffs salary shall be increased
by 2 1/2 percent for each year in office served by the sheriff for any
year beginning on or after January 1,1980, such increase to take effect
on January 1 of the year following completion of each such year of
service and to be computed based on the sheriffs salary on the day
immediately previous to the day on which any such increase is to take
effect. The sheriffs salary shall be payable in monthly installments
from the funds of Murray County.
Section 3. 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 judge of the probate court shall receive an annual
salary of $22,000.00. In addition thereto the judges salary shall be
increased by 2 1/2 percent for each year in office served by the judge
for any year beginning on or after January 1, 1980, such increase to
take effect on January 1 of the year following completion of each such
year of service and to be computed based on the judges salary on the
day immediately previous to the day on which any such increase is to
take effect. The judges salary shall be payable in monthly install-
ments from the funds of Murray County.
Section 4. Said Act is further amended by striking Section 5 in
its entirety and substituting in lieu thereof a new Section 5 to read as
follows:
Section 5. The tax commissioner shall receive an annual salary of
$18,500.00. In addition thereto the tax commissioners salary shall be
increased by 2 1/2 percent for each year in office served by the tax
commissioner for any year beginning on or after January 1,1980, such
3020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
increase to take effect on January 1 of the year following completion
of each such year of service and to be computed based on the tax
commissioners salary on the day immediately previous to the day on
which any such increase is to take effect. The tax commissioners
salary shall be payable in monthly installments from the funds of
Murray County.
Section 5. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia, a bill to change the
compensation of the probate judge, clerk of Superior Court, sheriff,
and tax commissioner of Murray County; and for other purposes.
This 22 day of December, 1980.
Thomas P. Ramsey III
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 Legisla-
tion was published in the Chatsworth Times which is the official
organ of Murray County, on the following dates: December 24, 31,
1980 and January 8,1981.
GEORGIA LAWS 1981 SESSION
3021
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 19th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
MURRAY COUNTY SALARY OF COUNTY
COMMISSIONER.
No. 12 (House Bill No. 302).
AN ACT
To amend an Act creating the commissioner of Murray County,
approved March 20, 1939 (Ga. Laws 1939, p. 691), 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 creating the commissioner of Murray County,
approved March 20, 1939 (Ga. Laws 1939, p. 691), as amended, is
hereby amended by striking Section 7A in its entirety and inserting in
lieu thereof a new Section 7A to read as follows:
Section 7A. The commissioner of Murray County shall receive an
annual salary of $24,000.00, payable in equal monthly installments
3022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from the funds of Murray County. In addition thereto the commis-
sioners salary shall be increased by 2 1/2 percent for each year in
office served by the commissioner for any year beginning on or after
January 1,1980, such increase to take effect on January 1 of the year
following completion of each such year of service and to be computed
based on the commissioners salary on the day immediately previous
to the day on which any such increase is to take effect. In addition to
his annual salary, he shall be reimbursed for his actual expenses
incurred in the discharge of the official duties of his 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
1981 session of the General Assembly of Georgia, a bill to change the
compensation of the commissioner of Murray County; and for other
purposes.
This 22 day of December, 1980.
Thomas P. Ramsey, III
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 Legisla-
tion was published in the Chatsworth Times which is the official
GEORGIA LAWS 1981 SESSION
3023
organ of Murray County, on the following dates: December 24, 31,
1980 and January 8,1981.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 19th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
FLOYD COUNTY BOARD OF COUNTY
COMMISSIONERS.
No. 13 (House Bill No. 465).
AN ACT
To amend an Act creating the Board of Commissioners of Floyd
County, approved July 28,1917 (Ga. Laws 1917, p. 351), as amended,
so as to designate posts on the board; to provide qualifications for
members of the board; to stagger terms of the members of the board;
to provide for election of successors; to provide for vacancies; to
change salary and expenses of members of the board; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating the Board of Commissioners of Floyd
County, approved July 28,1917 (Ga. Laws 1917, p. 351), as amended,
is hereby amended by striking in its entirety Sections 4 and 5 thereof
and inserting in lieu thereof new Sections 4, 5, and 5A to read as
follows:
Section 4. (a) The Board of Commissioners of Floyd County
composed of five members shall continue as the governing authority
of Floyd County, but those members of the board in office on January
15, 1981, and their successors shall serve thereafter in designated
posts. Two of the members of that board shall reside in Floyd County
inside the corporate limits of the City of Rome and shall hereafter
serve in Posts 1 and 2, with the post being held on January 15, 1981,
by Mr. Charles Parker hereafter being designated as Post 1, and the
post being held on January 15, 1981, by Ms. Anne Rigas hereafter
being designated as Post 2. Three of the members of that board shall
reside in Floyd County but outside the corporate limits of the City of
Rome and shall hereafter serve in Posts 3, 4, and 5, with the post
being held on January 15,1981, by Mr. Glenn Johnson hereafter being
designated as Post 3, the post being held on January 15,1981, by Mr.
C. T. (Buddy) Blankenship hereafter being designated as Post 4, and
the post being held on January 15, 1981, by Mr. Howard Smith
hereafter being designated as Post 5. The term of office of those
members serving on the effective date of this section in Posts 1 and 3
shall expire on December 31,1982, and upon the election and qualifi-
cation of a successor. The term of office of those members serving in
Posts 2, 4, and 5 shall expire on December 31, 1984, and upon the
election and qualification of a successor.
(b) Successors to fill any board term of office expiring on or after
December 31,1982, shall be elected at the November general election
immediately preceding the expiration of that term, shall take office
on the first day of January immediately following their election, and
shall serve for terms of office of four years and until their successors
are elected and qualified. Any person offering for election as a
member of the Board of Commissioners of Floyd County after the
effective date of this section shall designate, at the time of so offering,
the post for which such person is offering and shall not offer for
election for more than one post on that board.
Section 5. Vacancies on the board shall be filled by the remaining
members of the board appointing a successor to fill out the unexpired
term of office and until a successor is elected and qualified pursuant
to Section 4 of this Act.
GEORGIA LAWS 1981 SESSION
3025
Section 5A. Each member of the Board of Commissioners of Floyd
County shall be entitled to a salary of $300.00 per month. In addition
thereto the chairman of the board shall receive an expense allowance
of $250.00 per month, the vice-chairman of the board shall receive an
expense allowance of $225.00 per month, and each of the other three
members of the board shall receive an expense allowance of $200.00
per month. No member of the board shall be entitled to receive any
other sum or sums whatever other than those specified in this section
unless it is necessary for the board or a committee of the board to go
out of the county on official business for the county, and then they
shall be paid their actual expenses after having rendered sworn
itemized statements for the expenses incurred on such trip. Salary
and expenses authorized by this section shall be paid from the funds
of Floyd 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
1981 Session of the General Assembly of Georgia a bill to amend an
Act creating the Floyd County Board of Commissioners, approved
July 28, 1917 (Ga. Laws 1971, p. 351), as amended; and for other
purposes.
This 6th day of January, 1981.
E. M. (Buddy) Childers
Representative,
15th District
Dan Fincher
Senator,
52nd District
Ken Fuller
Representative,
3026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
16th District
John Adams
Representative-Elect,
14th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. M. Childers who, on oath, deposes
and says that he/she is Representative from the 15th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Rome News-Tribune which is the
official organ of Floyd County, on the following dates: January 8,15,
22,1981.
M E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 26th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
GEORGIA LAWS 1981 SESSION
3027
FLOYD COUNTY TAX COMMISSIONERS
COMPENSATION.
No. 14 (House Bill No. 466).
AN ACT
To amend an Act abolishing the offices of tax receiver and tax
collector of Floyd County and creating in lieu thereof the office of tax
commissioner of Floyd County, approved February 17, 1950 (Ga.
Laws 1950, p. 2749), as amended, particularly by an Act approved
March 27, 1972 (Ga. Laws 1972, p. 3181), so as to change the
compensation of the tax commissioner; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the offices of tax receiver and tax
collector of Floyd County and creating in lieu thereof the office of tax
commissioner of Floyd County, approved February 17, 1950 (Ga.
Laws 1950, p. 2749), as amended, particularly by an Act approved
March 27, 1972 (Ga. Laws 1972, p. 3181), is hereby amended by
striking from Section 7 thereof the following:
$14,000.00,
and inserting in lieu thereof the following:
$22,000.00,
so that when so amended said Section 7 shall read as follows:
Section 7. The county tax commissioner of Floyd County shall be
paid a salary of $22,000.00 per annum, payable in equal monthly
installments from the funds of Floyd County. The county tax
commissioner shall be entitled to experience increases in salary of
$500.00 per annum for each 4 year term of office completed for a
maximum of three terms. One of these experience increases in salary
may be earned for prior service in any position in said office totaling
four or more years. It is specifically provided that the salary provided
herein for the tax commissioner shall be in lieu of all fees, commis-
sions, costs, fines, emoluments and perquisites of whatever kind,
including those commissions allowed by an Act relating to the com-
3028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
missions on taxes collected in excess of a certain percentage of the
taxes due according to the net tax digest, approved January 17,1938
(Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.
The base salary provided herein is the authorized minimum with
the salary to be set by the Board of Commissioners of Floyd County at
its discretion. The increases for experience are the authorized mini-
mums with the actual amount for experience to be determined by the
Board of Commissioners.
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
1981 Session of the General Assembly of Georgia a bill to amend an
Act abolishing the offices of tax receiver and tax collector of Floyd
County and creating in lieu thereof the office of tax commissioner of
Floyd County, approved February 17,1950 (Ga. Laws 1950, p. 2749),
as amended, particularly by an Act approved March 27, 1972, (Ga.
Laws 1972, p. 3181); and for other purposes.
This 6th day of January, 1981.
E. M. (Buddy) Childers
Representative,
15th District
Dan H. Fincher
Senator,
52nd District
Ken Fuller
Representative,
16th District
John Adams
Representative-Elect,
14th District
GEORGIA LAWS 1981 SESSION
3029
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. M. Childers who, on oath, deposes
and says that he/she is Representative from the 15th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Rome News-Tribune which is the
official organ of Floyd County, on the following dates: January 8,15,
22,1981.
/s/ E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 26th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
3030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FLOYD COUNTY SALARIES OF CLERK OF
SUPERIOR COURT AND JUDGE OF PROBATE COURT.
No. 15 (House Bill No. 467).
AN ACT
To amend an Act establishing compensation and allowances for
the Clerk of the Superior Court of Floyd County and the Judge of the
Probate Court of Floyd County, approved March 27,1972 (Ga. Laws
1972, p. 3184), so as to change the salary of said 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 establishing compensation and allowances for
the Clerk of the Superior Court of Floyd County and the Judge of the
Probate Court of Floyd County, approved March 27,1972 (Ga. Laws
1972, p. 3184), is hereby amended by striking from Section 2 thereof
the following:
$14,000.00,
and inserting in lieu thereof the following:
$21,500.00,
so that when so amended said Section 2 shall read as follows:
Section 2. The Clerk of the Superior Court of Floyd County shall
be paid a salary of $21,500.00 per annum, payable in equal monthly
installments from the funds of Floyd County. The clerk of the
superior court shall be entitled to experience increases in salary of
$500.00 per annum for each four-year term of office completed for a
maximum of three terms. One of these experience increases in salary
may be earned for prior service in any position in said office totaling
four or more years.
Section 2. Said Act is further amended by striking from Section
3 thereof the following:
GEORGIA LAWS 1981 SESSION
3031
$14,000.00,
and inserting in lieu thereof the following:
$25,000.00,
so that when so amended said Section 3 shall read as follows:
Section 3. The Judge of the Probate Court of Floyd County shall
be paid a salary of $25,000.00 per annum, payable in equal monthly
installments from the funds of Floyd County. The judge of the
probate court shall be entitled to experience increases in salary of
$500.00 per annum for each four-year term of office completed for a
maximum of three terms. One of these experience increases in salary
may be earned for prior service in any position in said office totaling
four or more years.
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
1981 Session of the General Assembly of Georgia a bill to amend an
Act establishing compensation and allowances for the Clerk of the
Superior Court of Floyd County and the Ordinary of Floyd County,
approved March 27, 1972 (Ga. Laws 1972, p. 3184); and for other
purposes.
This 6th day of January, 1981.
E. M. (Buddy) Childers
Representative,
15th District
Dan H. Fincher
Senator,
3032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
52nd District
Ken Fuller
Representative,
16th District
John Adams
Representative-Elect,
14th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. M. Childers who, on oath, deposes
and says that he/she is Representative from the 15th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Rome News-Tribune which is the
official organ of Floyd County, on the following dates: January 8,15,
22,1981.
/s/ E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 26th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
GEORGIA LAWS 1981 SESSION
3033
STATE COURT OF GWINNETT COUNTY JURY
TRIALS, SALARIES, ETC.
No. 16 (House Bill No. 493).
AN ACT
To amend an Act establishing the State Court of Gwinnett
County, approved March 23, 1977 (Ga. Laws 1977, p. 3331), as
amended by an Act approved February 16, 1979 (Ga. Laws 1979, p.
3010), so as to strike certain provisions relating to demand for trial; to
provide that the procedure for a demand for trial in the State Court of
Gwinnett County shall conform to the general law of the state; to
provide terms of court; to provide compensation of the judge and
solicitor of the State Court of Gwinnett County; to provide for the
appointment of an assistant solicitor of such court; to provide for
qualifications, duties, and compensation of such assistant solicitor; to
prohibit the assistant solicitor from engaging in the active practice of
law; to provide for the appointment of an assistant solicitor as the
chief assistant solicitor; to provide for the duties of the chief assistant
solicitor; to provide for all other matters relative to the foregoing; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Gwinnett
County, approved March 23, 1977 (Ga. Laws 1977, p. 3331), as
amended by an Act approved February 16, 1979 (Ga. Laws 1979, p.
3010), is hereby amended by striking in its entirety Section 3 and
inserting in lieu thereof a new Section 3 to read as follows:
Section 3. Jurisdiction; request for jury trial; demand for trial,
(a) The State Court of Gwinnett County shall have jurisdiction to
entertain, hear, try, and determine all civil and criminal cases concur-
rent with the Gwinnett Superior Court except such civil and criminal
cases, the jurisdiction of which is vested exclusively in the superior
court. The jurisdiction herein conferred shall include cases involving
title to personalty trover and attachment and garnishment proceed-
ings, distress warrants and possessory warrants. Said court shall have
jurisdiction as the superior court of appeals from the justices courts
of said county.
3034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) In all criminal cases, the judge of said court shall be the judge
of both questions of fact and of law unless the person subject to be
tried shall, before pleading to the charge against him at arraignment,
or the state shall, request a jury trial in lieu of a bench trial, it being
the purpose hereof to eliminate trial by jury unless requested by the
person charged or by the state. Furthermore, it being the purpose
hereof that any request for jury trial in lieu of a bench trial is not to be
construed as a demand for speedy trial under any applicable speedy
trial statute. Said request shall be in a manner and form prescribed by
the court. Upon either such timely request being made, such person
shall be tried by jury, as is hereinafter provided.
(c) Any person against whom an accusation has been filed in the
State Court of Gwinnett County may demand at either the term when
said accusation was filed, or at the next succeeding term of the court
thereafter, a trial; or, by special permission of the court, such person
may at any subsequent term of said court thereafter, demand a trial.
In either case the demand for trial shall be placed upon the minutes of
the court and a copy served upon the solicitor of the court. If such
person shall not be tried at the term when the demand is made, or
within the next two succeeding regular terms thereafter, provided
that at both terms of said court there were juries impaneled and
qualified to try such person, such persons shall be absolutely dis-
charged and acquitted of the offense charged in the accusation.
However, it being the purpose hereof that any request for jury trial in
lieu of a bench trial as set forth in subsection (b) herein, shall not be
construed to be a demand for trial under any applicable speedy trial
statute.
(d) In all civil cases the judge shall be the judge of all questions
of fact and of law unless either party to such proceeding shall file a
written request for jury trial in lieu of a bench trial. Upon such
request being filed, the case shall be tried by a jury as hereinafter
provided unless such request for jury trial in lieu of a bench trial is
withdrawn before the call of the case for trial. When a request for jury
trial is filed, the same shall not be withdrawn without the consent of
the opposite party.
Section 2. 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. Terms of court. The terms of court for the State Court
of Gwinnett County shall be as follows: first Mondays in January,
GEORGIA LAWS 1981 SESSION
3035
March, May, July; second Monday in September; and first Monday in
November, said terms shall be held in Lawrenceville in said county
and such terms shall remain open for the transaction of business until
the next succeeding term. Said court shall at all times be open for the
purpose of receiving pleas of guilty in criminal cases and passing
sentence thereon and for the transaction of civil business before the
court.
Section 3. Said Act is further amended by striking in its entirety
subsection (c) of Section 13 and inserting in lieu thereof a new
subsection to read as follows:
(c) The judge shall be paid a salary of $38,000.00 per annum,
payable monthly out of the treasury of Gwinnett County by the
officers of said county authorized to pay out the funds of said county.
The salary of such judge shall be an expense of said court. Said salary
shall be increased by 3 percent on January 1, 1982, and by an
additional 3 percent of the previous years salary on January 1 of each
year thereafter.
Section 4. Said Act is further amended by striking subsection (c)
of Section 14 and inserting in its place a new subsection to read as
follows:
(c) The solicitor shall be paid an annual salary of $30,000.00,
payable in equal monthly installments from Gwinnett County funds.
The salary of the solicitor shall be an expense of the court. Said salary
shall be increased by 3 percent on January 1, 1982, and by an
additional 3 percent of the previous years salary on January 1 of each
year thereafter.
Section 5. Said Act is further amended by adding a new section,
to be known as Section 14.1, to read as follows:
Section 14.1. Assistant solicitor; appointment; qualifications;
prohibition on practice of law. (a) The solicitor of the State Court of
Gwinnett County may appoint as many assistant solicitors as there
are state court judges, not including emeritus judges, who shall serve
at the pleasure of the solicitor.
(b) Any assistant solicitor employed by the solicitor shall be a
member of the State Bar of Georgia admitted to practice before the
appellate courts of this state and shall serve at the pleasure of the
3036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
solicitor and shall have such authority, powers, and duties as may be
assigned by the solicitor.
(c) The solicitor shall fix the salary to be paid any assistant
solicitor, subject to approval of the Gwinnett County board of com-
missioners, and such salary shall be payable monthly out of the
treasury of said county by the office of the county authorized to pay
out such funds. The salary of said assistant solicitor shall be an
expense of said court.
(d) Any assistant solicitor employed by the solicitor who is
compensated in whole or in part by county funds shall not engage in
the private practice of law.
Section 6. Said Act is further amended by adding a new Section
14.2 to read as follows:
Section 14.2. Chief assistant solicitor, (a) The solicitor may
designate in writing an assistant solicitor as the chief assistant
solicitor. In addition to the duties as an assistant solicitor, the chief
assistant solicitor shall have such administrative and supervisory
duties as may be assigned by the solicitor.
(b) In the event of the absence or disability of the solicitor, the
chief assistant solicitor shall have the same powers, duties, and
responsibilities as the solicitor.
(c) Upon the death or resignation of the solicitor, the chief
assistant solicitor, or if there is no chief assistant solicitor then the
assistant solicitor senior in time of service, shall perform the duties of
the deceased or resigned solicitor in his name until his successor is
appointed or elected and qualified.
Section 7. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
3037
Section 8. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
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 there will be introduced at the 1981
Session of the General Assembly of Georgia, a bill to amend an act
continuing and recreating the State Court of Gwinnett County
approved March 23,1977 (Ga. Laws 1977, p. 3331), as amended, so as
to change the compensation of the Judge of said court; and the terms
of said court; and for other purposes.
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: December 17, 24,
31,1980.
/s/ Vinson Wall
Representative,
61st District
3038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
GWINNETT COUNTY JUDGES TERM, SOLICITOR.
No. 17 (House Bill No. 494).
AN ACT
To amend an Act creating the Recorders 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), an Act approved March 13, 1978 (Ga. Laws 1978, p.
3437), and an Act approved March 18,1980 (Ga. Laws 1980, p. 3539),
so as to change the length of the term of the judge of the recorders
court; to provide for employment of a solicitor of that court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Recorders 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), an Act approved March 13, 1978 (Ga. Laws 1978, p.
3437), and an Act approved March 18,1980 (Ga. Laws 1980, p. 3539),
is hereby amended by striking from the second sentence of Section 5
of said Act the following:
GEORGIA LAWS 1981 SESSION
3039
one year,
and inserting in lieu thereof the following:
four years,
so that when so amended, Section 5 of said Act shall read as follows:
Section 5. Judge; Election; Term; Vacancies. The judge of said
recorders court shall be appointed by the senior Judge of the Supe-
rior Court of Gwinnett County and the Judge of the State Court of
Gwinnett County, and the first judge so appointed shall serve for a
term ending December 31,1972, and until his successor is appointed
and qualified. All judges appointed for terms following the first as
hereinabove prescribed shall be appointed by said judges for terms of
four years and until their successors are elected and qualified. All
vacancies occurring in such office shall be filled in like manner, for the
remainder of the unexpired term.
Section 2. Said Act is further amended by adding thereto
immediately following Section 6 a new section, to be designated
Section 6A, to read as follows:
Section 6A. Appointment of solicitor, duties, qualifications, and
compensation. The judge of said court is hereby authorized to employ
a solicitor on part-time basis, to serve at the pleasure of the judge.
The solicitor shall interview, subpoena, witness, and produce evi-
dence to the court. The solicitor shall be an active member of the
State Bar of Georgia, shall have a minimum experience of 12 months
in the general practice of law, and shall be at least 25 years of age. The
solicitors salary shall be fixed and paid by the board of commis-
sioners of Gwinnett 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.
3040 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 January
1981, Session of the General Assembly of Georgia a Bill to Amend an
Act creating the Recorders Court of Gwinnett County, Georgia, so as
to change the term of office of the Judge of that Court, to Authorize
Employment of a Solicitor of said Court; and for other purposes.
/s/ John F. Lester
JUDGE RECORDERS
COURT,
GWINNETT COUNTY
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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 9,
16,23,1981.
/s/ Vinson Wall
Representative,
61st District
GEORGIA LAWS 1981 SESSION
3041
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 27,1981.
CAMDEN COUNTY SALARIES OF NAMED
COUNTY OFFICERS.
No. 26 (Senate Bill No. 354).
AN ACT
To amend an Act placing certain county officials of Camden
County upon an annual salary, approved March 5, 1957 (Ga. Laws
1957, p. 2307), as amended, particularly by an Act approved April 11,
1979 (Ga. Laws 1979, p. 3282), so as to authorize the Board of
Commissioners of Camden County to supplement the salary of cer-
tain county officers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain county officials of Camden
County upon an annual salary, approved March 5, 1957 (Ga. Laws
1957, p. 2307), as amended, particularly by an Act approved April 11,
1979 (Ga. Laws 1979, p. 3282), is hereby amended by adding immedi-
ately following subsection (b) of Section 6a of said Act a new subsec-
tion to read as follows:
3042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The Board of Commissioners of Camden County is autho-
rized to supplement the salaries of the Sheriff, the Judge of the
Probate Court, or the Clerk of the Superior Court of Camden County.
Any supplement shall be in addition to the salary provided in
Sections 2, 3, or 4 and subsections (a) and (b) of Section 6a of this
Act.
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 1981
session of the General Assembly of Georgia a bill to amend an Act
placing certain county officials of Camden County upon an annual
salary, approved March 5,1957 (Ga. Laws 1957, p. 2307), as amended;
and for other purposes.
This the 22 day of January, 1981.
/s/ 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 Camden County Tribune which is the official
organ of Camden County, on the following dates: January 22, 29, and
February 5,1981.
/s/ Bill Littlefield
Senator,
6th District
GEORGIA LAWS 1981 SESSION
3043
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
CAMDEN COUNTY TAX COMMISSIONERS SALARY.
No. 27 (Senate Bill No. 355).
AN ACT
To amend an Act creating the office of Tax Commissioner of
Camden County, approved March 21,1970 (Ga. Laws 1970, p. 3278),
as amended, particularly by an Act approved April 11,1979 (Ga. Laws
1979, p. 3285), so as to authorize the Board of Commissioners of
Camden County to supplement the salary of the tax commissioner; 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
Camden County, approved March 21,1970 (Ga. Laws 1970, p. 3278),
as amended, particularly by an Act approved April 11,1979 (Ga. Laws
1979, p. 3285), is hereby amended by adding immediately following
subsection (c) of Section 3 of said Act a new subsection to read as
follows:
(d) The Board of Commissioners of Camden County is autho-
rized to supplement the salary of the Tax Commissioner of Camden
County. Any supplement shall be in addition to the salary provided
in subsections (a), (b), and (c) of Section 3 of this Act.
3044 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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the office of Tax Commissioner of Camden County,
approved March 21,1970 (Ga. Laws 1970, p. 3278), as amended; and
for other purposes.
This the 15th day of January, 1981.
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 Camden County Tribune which is the official
organ of Camden County, on the following dates: January 15, 22, 29,
1981.
/s/ Bill Littlefield
Senator,
6th District
GEORGIA LAWS 1981 SESSION
3045
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
DAWSON COUNTY TAX COMMISSIONERS
COMPENSATION.
No. 28 (House Bill No. 566).
AN ACT
To amend an Act creating the office of tax commissioner of
Dawson County, approved February 11,1943 (Ga. Laws 1943, p. 925),
as amended, particularly by an Act approved March 25, 1974 (Ga.
Laws 1974, p. 3408), so as to change the compensation of the tax
commissioner; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Dawson County, approved February 11,1943 (Ga. Laws 1943, p. 925),
as amended, particularly by an Act approved March 25, 1974 (Ga.
Laws 1974, p. 3408), is hereby amended by striking in its entirety
Section 7 thereof and inserting in lieu thereof a new Section 7 to read
as follows:
3046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. The tax commissioner of Dawson County shall receive
an annual salary of $7,500.00, payable in equal monthly installments
from the funds of Dawson County. Said tax commissioner shall be
entitled to the commissions now allowed tax collectors on all taxes
collected in excess of 90 percent of the total taxes due according to the
tax net digest, including but not limited to such commissions on
public utility taxes and on intangibles, except the intangible record-
ing tax, and shall also be entitled to all the fees and commissions
allowed tax commissioners as tag agents. All other commissions and
fees due said tax commissioner for any and all taxes not hereinabove
specifically mentioned shall be paid into the county treasury.
Section 2. This Act shall become effective on July 31,1981.
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
1981 session of the General Assembly of Georgia a bill to increase the
annual salary of the Commissioner of Dawson County, the Clerk of
the Superior Court of Dawson County, the Sheriff of Dawson County,
the Tax Commissioner of Dawson County, the Probate Judge of
Dawson County; and for other purposes.
This the 19th day of January, 1981.
Local 8th District
Delegation.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty, Sr. who, on oath,
deposes and says that he/she is Representative from the 8th District,
and that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1981 SESSION
3047
Legislation was published in the Dawson County Advertiser and
News which is the official organ of Dawson County, on the following
dates: January 19,26, and February 2,1981.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
DAWSON COUNTY COMMISSIONERS
COMPENSATION.
No. 29 (House Bill No. 567).
AN ACT
To amend an Act creating the office of commissioner of Dawson
County, approved February 5, 1952 (Ga. Laws 1952, p. 2068), as
amended, particularly by an Act approved March 25,1974 (Ga. Laws
1974, p. 3405), so as to change the compensation of said commissioner;
to provide for the purchase of an automobile; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating the office of commissioner of Dawson
County, approved February 5, 1952 (Ga. Laws 1952, p. 2068), as
amended, particularly by an Act approved March 25,1974 (Ga. Laws
1974, p. 3405), is hereby amended by striking from subsection (a) of
Section 5 the following:
$9,500,
and inserting in lieu thereof the following:
$16,000,
by striking from said subsection (a) the following:
21/2%,
and inserting in lieu thereof the following:
by striking from subsection (b) thereof the following:
a truck,
and inserting in lieu thereof the following:
an automobile,
and by striking from subsection (b) thereof the following:
said truck,
and inserting in lieu thereof the following:
said automobile,
so that when so amended said Section 5 shall read as follows:
Section 5. (a) The county commissioner of Dawson County shall
devote his full time to the business and interest of said county in the
performance and discharge of his duties, and shall receive as compen-
sation the sum of $16,000 per annum. Said sum shall be increased by
3% on the 1st day of January of each year. This compensation shall
GEORGIA LAWS 1981 SESSION
3049
be paid in equal monthly installments out of the general funds of the
county.
(b) The county commissioner shall have and maintain an office
for the transaction of business at the courthouse in Dawson County,
provided there is an available room in said courthouse; otherwise at
some convenient place near the courthouse. The office of said county
commissioner shall remain open during the regular hours of business
on all days except Sundays and holidays. The county commissioner is
hereby authorized to purchase for the county, to be paid for from the
general funds of the county, an automobile to be used by said county
commissioner but only in the performance of his official duties. The
county shall pay for the operation, upkeep and maintenance of said
automobile.
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
1981 session of the General Assembly of Georgia a bill to increase the
annual salary of the Commissioner of Dawson County, the Clerk of
the Superior Court of Dawson County, the Sheriff of Dawson County,
the Tax Commissioner of Dawson County, the Probate Judge of
Dawson County; and for other purposes.
This the 19th day of January, 1981.
Local 8th District
Delegation.
Georgia, Fulton County.
3050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. 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 the Dawson County Advertiser and
News which is the official organ of Dawson County, on the following
dates: January 19,26, February 2,1981.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 6th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
DAWSON COUNTY SHERIFFS COMPENSATION.
No. 30 (House Bill No. 568).
AN ACT
To amend an Act placing the Sheriff of Dawson County upon an
annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2258),
as amended, particularly by an Act approved March 23, 1977 (Ga.
Laws 1977, p. 3527), so as to change the compensation of the sheriff;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1981 SESSION
3051
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff of Dawson County upon an
annual salary, approved February 28,1966 (Ga. Laws 1966, p. 2258),
as amended, particularly by an Act approved March 23, 1977 (Ga.
Laws 1977, p. 3527), is hereby amended by striking from Section 2
thereof the following:
$12,000,
and inserting in lieu thereof the following:
$15,000,
and by striking therefrom the following:
21/2%,
and inserting in lieu thereof the following:
so that when so amended said Section 2 shall read as follows:
Section 2. The Sheriff of Dawson County shall receive a salary of
$15,000 per annum, payable in equal monthly installments from the
funds of Dawson County. Said sum shall be increased 3% on the 1st
day of January of each year.
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
1981 session of the General Assembly of Georgia a bill to increase the
annual salary of the Commissioner of Dawson County, the Clerk of
the Superior Court of Dawson County, the Sheriff of Dawson County,
3052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Tax Commissioner of Dawson County, the Probate Judge of
Dawson County; and for other purposes.
This the 19th day of January, 1981.
Local 8th District
Delegation.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty, Sr. who, on oath,
deposes and says that he/she is Representative from the 8th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Dawson County Advertiser and
News which is the official organ of Dawson County, on the following
dates: January 19,26, February 2,1981.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 6th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
GEORGIA LAWS 1981 SESSION
3053
DAWSON COUNTY COMPENSATION OF CLERK OF
SUPERIOR COURT AND PROBATE COURT JUDGE.
No. 31 (House Bill No. 569).
AN ACT
To amend an Act placing the Clerk of the Superior Court of
Dawson County and the Judge of the Probate Court of Dawson
County upon an annual salary, approved February 27,1969 (Ga. Laws
1969, p. 2110), as amended, particularly by an Act approved March
21,1974 (Ga. Laws 1974, p. 2433) and an Act approved March 7,1978
(Ga. Laws 1978, p. 3078), so as to change the compensation of said
clerk and 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 of
Dawson County and the Judge of the Probate Court of Dawson
County upon an annual salary, approved February 27,1969 (Ga. Laws
1969, p. 2110), as amended, particularly by an Act approved March
21,1974 (Ga. Laws 1974, p. 2433) and an Act approved March 7,1978
(Ga. Laws 1978, p. 3078), is hereby amended by striking from Section
2 thereof the following:
$5,500.00,
and inserting in lieu thereof the following:
$12,500.00,
and by adding at the end thereof the following:
Said sum shall be increased 3 percent on the first day of January
of each year.,
so that when so amended said Section 2 shall read as follows:
Section 2. The clerk of the superior court shall receive an annual
salary of $12,500.00, payable in equal monthly installments from the
funds of Dawson County. Said sum shall be increased 3 percent on
the first day of January of each year.
3054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by designating the
second paragraph of Section 3 as Section 3A and by striking in its
entirety the first paragraph of Section 3 which reads as follows:
Section 3. The Judge of the Probate Court shall receive an
annual salary of $6,000.00 payable in equal monthly installments
from the funds of Dawson County.,
and inserting in lieu thereof a new Section 3 to read as follows:
Section 3. The Judge of the Probate Court shall receive an
annual salary of $10,200.00 and in addition shall receive $600.00 per
year for holding and conducting elections and $1,200.00 per year for
being responsible for traffic cases under any general or local law. Said
compensation shall be payable in equal monthly installments from
the funds of Dawson County and shall be increased 3 percent on he
first day of January of each year.
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
1981 session of the General Assembly of Georgia a bill to increase the
annual salary of the Commissioner of Dawson County, the Clerk of
the Superior Court of Dawson County, the Sheriff of Dawson County,
the Tax Commissioner of Dawson County, the Probate Judge of
Dawson County; and for other purposes.
This the 19th day of January, 1981.
Local 8th District
Delegation.
GEORGIA LAWS 1981 SESSION
3055
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty, Sr. who, on oath,
deposes and says that he/she is Representative from the 8th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Dawson County Advertiser and
News which is the official organ of Dawson County, on the following
dates: January 19,26, February 2,1981.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 6th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
BUTTS COUNTY SHERIFFS COMPENSATION.
No. 32 (House Bill No. 617).
AN ACT
To amend an Act placing the Sheriff of Butts County upon an
annual salary in lieu of the fee system of compensation, approved
January 27, 1961 (Ga. Laws 1961, p. 2022), as amended, so as to
3056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
change the compensation for such officer; to provide for a supple-
ment; 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 Butts County upon an
annual salary in lieu of the fee system of compensation, approved
January 27, 1961 (Ga. Laws 1961, p. 2022), as amended, is hereby
amended by striking Section 1 of said Act in its entirety and substi-
tuting in lieu thereof the following:
Section 1. (a) The present method of compensation for the
Sheriff of Butts County, Georgia, is hereby changed from the fee
system to the salary system and the Sheriff of Butts County shall
hereafter be paid on a salary basis.
(b) (1) The sheriff shall receive an annual base salary of
$18,500.00 payable in equal monthly installments from the funds
of Butts County.
(2) In addition to the base salary provided for in paragraph
(1), such officer shall receive a supplemental salary which shall be
an amount equal to 2 percent of the base salary multiplied by the
number of years such officer has been in office.
(3) In no event shall the base salary and the supplemental
salary, when combined, exceed $25,000.00 per annum.
(c) In addition to the salary provided in subsection (b), the
sheriff shall receive a contingent expense allowance of $600.00 per
annum, to be paid in equal monthly installments at the end of each
calendar month from the funds of Butts County. Such salary and
contingent expense allowance shall be in lieu of all fees, costs, fines,
forfeitures, commissions, insolvent costs, penalties, funds, monies
and all other emoluments and perquisites of whatever kind which
shall be allowed the Sheriff of Butts County after the effective date of
this Act and said salary shall also include all fees, costs, fines,
forfeitures, commissions, insolvent costs, penalties, funds, monies
and all other emoluments or perquisites of whatever kind which shall
be allowed said sheriff in his official capacity or as an official or agent
for any court, department or official of Butts County or for any
department or official of the State of Georgia.
GEORGIA LAWS 1981 SESSION
3057
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.
Pursuant to a Resolution adopted by the Board of Commissioners
of Butts County on January 9,1981, notice is hereby given that there
will be introduced in the regular 1981 session of the General Assembly
of Georgia a bill to amend an Act placing the Sheriff of Butts County
upon an annual salary, approved January 27,1961 (Ga. Laws 1961, p.
2022), as amended; and for other purposes.
This the 19th day of January, 1981.
Bill Jones
Representative,
78th District
Janice Horton
Senator,
17th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William Bailey 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 Jackson Progress-Argus which is the
official organ of Butts County, on the following dates: January 21, 28,
and February 4,1981.
/s/ W. B. Jones
Representative,
78th District
3058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
BUTTS COUNTY COMPENSATION OF CLERK
OF SUPERIOR COURT.
No. 33 (House Bill No. 618).
AN ACT
To amend an Act abolishing the present method of compensating
the Clerk of the Superior Court of Butts County known as the fee
system and providing in lieu thereof an annual salary, approved April
11, 1979 (Ga. Laws 1979, p. 4162), so as to change the compensation
for said officer; to provide for a supplement; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the present method of compensat-
ing the Clerk of the Superior Court of Butts County known as the fee
system and providing in lieu thereof an annual salary, approved April
11, 1979 (Ga. Laws 1979, p. 4162), is hereby amended by striking
Section 2 of said Act in its entirety and substituting in lieu thereof the
following:
Section 2. (a) The clerk of the superior court shall receive an
annual base salary of $18,500.00 payable in equal monthly install-
ments from the funds of Butts County.
GEORGIA LAWS 1981 SESSION
3059
(b) In addition to the base salary provided in subsection (a),
such officer shall receive a supplemental salary which shall be an
amount equal to 2 percent of the base salary multiplied by the
number of years such officer has been in office. The supplemental
salary shall be payable in equal monthly installments from the funds
of Butts County.
(c) In no event shall the base salary and the supplemental salary,
when combined, exceed $25,000.00 per annum.
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.
Pursuant to a Resolution adopted by the Board of Commissioners
of Butts County on January 9,1981, notice is hereby given that there
will be introduced in the regular 1981 session of the General Assembly
of Georgia a bill to amend an Act placing the Clerk of the Superior
Court of Butts County upon an annual salary, approved April 11,1979
(Ga. Laws 1979, p. 4162); and for other purposes.
This 19th day of January, 1981.
Bill Jones
Representative,
78th District
Janice Horton
Senator,
17th District
Georgia, Fulton County.
3060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William Bailey 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 Jackson Progress-Argus which is the
official organ of Butts County, on the following dates: January 21, 28,
and February 4,1981.
/s/ W. B. Jones
Representative,
78th District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
BUTTS COUNTY TAX COMMISSIONERS SALARY.
No. 34 (House Bill No. 620).
AN ACT
To amend an Act abolishing the present method of compensating
the Tax Commissioner of Butts County known as the fee system and
providing in lieu thereof an annual salary for said officer, approved
April 11,1979 (Ga. Laws 1979, p. 4159), so as to change the compensa-
tion for said officer; to provide for a supplement; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
3061
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the present method of compensat-
ing the Tax Commissioner of Butts County known as the fee system
and providing in lieu thereof an annual salary for said officer,
approved April 11,1979 (Ga. Laws 1979, p. 4159), is hereby amended
by striking Section 1 of said Act in its entirety and substituting in lieu
thereof the following:
Section 1. (a) The present method of compensating the Tax
Commissioner of Butts County is hereby abolished. Said officer shall
receive for his services as such an annual base salary of $18,500.00
payable in equal monthly installments from the funds of Butts
County.
(b) In addition to the base salary provided in subsection (a),
such officer shall receive a supplemental salary which shall be an
amount equal to 2 percent of the base salary multiplied by the
number of years such officer has been in office. The supplemental
salary shall be payable in equal monthly installments from the funds
of Butts County.
(c) In no event shall the base salary and the supplemental salary,
when combined, exceed $25,000.00 per annum.
Section 2. 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.
Pursuant to a Resolution adopted by the Board of Commissioners
of Butts County on January 9,1981, notice is hereby given that there
will be introduced in the regular 1981 session of the General Assembly
of Georgia a bill to amend an Act placing the Tax Commissioner of
Butts County upon an annual salary, approved April 11, 1979 (Ga.
Laws 1979, p. 4159); and for other purposes.
3062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 19th day of January, 1981.
Bill Jones
Representative,
78th District
Janice Horton
Senator,
17th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William Bailey 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 Jackson Progress-Argus which is the
official organ of Butts County, on the following dates: January 21, 28,
and February 4,1981.
/s/ W. B. Jones
Representative,
78th District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
GEORGIA LAWS 1981 SESSION
3063
BUTTS COUNTY SALARY OF JUDGE OF
PROBATE COURT.
No. 35 (House Bill No. 621).
AN ACT
To amend an Act placing the Judge of the Probate Court of Butts
County upon an annual salary, approved January 27,1961 (Ga. Laws
1961, p. 2018), as amended, so as to change the compensation for said
officer; to provide for a supplement; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Judge of the Probate Court of
Butts County upon an annual salary, approved January 27,1961 (Ga.
Laws 1961, p. 2018), as amended, is hereby amended by striking
Section 2 of said Act in its entirety and substituting in lieu thereof the
following:
Section 2. (a) The judge of the probate court shall receive an
annual base salary of $18,500.00 payable in equal monthly install-
ments from the funds of Butts County.
(b) In addition to the base salary provided in subsection (a),
such officer shall receive a supplemental salary which shall be an
amount equal to 2 percent of the base salary multiplied by the
number of years such officer has been in office. The supplemental
salary shall be paid in equal monthly installments from the funds of
Butts County.
(c) In no event shall the base salary and the supplemental salary,
when combined, exceed $25,000.00 per annum.
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.
3064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Pursuant to a Resolution adopted by the Board of Commissioners
of Butts County on January 9,1981, notice is hereby given that there
will be introduced in the regular 1981 session of the General Assembly
of Georgia a bill to amend an Act placing the Judge of the Probate
Court of Butts County upon an annual salary, approved January 27,
1961 (Ga. Laws 1961, p. 2018), as amended; and for other purposes.
This the 19th day of January, 1981.
Bill Jones
Representative,
78th District
Janice Horton
Senator,
17th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William Bailey 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 Jackson Progress-Argus which is the
official organ of Butts County, on the following dates: January 21, 28,
and February 4,1981.
/s/ W. B. Jones
Representative,
78th District
GEORGIA LAWS 1981 SESSION
3065
Sworn to and subscribed before me,
this 11th day of February, 1981.
/a/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
ATHENS-CLARKE COUNTY CHARTER COMMISSION.
No. 37 (House Bill No. 721).
AN ACT
To create the Athens-Clarke County Charter Commission; to
provide for a short title; to provide for definitions; to provide for the
appointment of the members of the charter commission; to provide
for the organizational meeting of the charter commission and for the
election of a permanent chairman; to provide for the powers and
duties of the charter commission; to provide that the charter commis-
sion shall be authorized to employ a staff to assist it in carrying out its
powers and duties; to provide for the expenses of the charter commis-
sion and for the payment of those expenses by the governing authori-
ties of the City of Athens and of Clarke County; to provide that the
charter commission shall be authorized to study all matters relating
to the governments of the City of Athens and of Clarke County and all
matters relating to the establishment of a single county-wide govern-
ment with powers and jurisdiction throughout the territorial limits of
Clarke County; to provide for the powers of the charter commission
relating to drafting a proposed county-wide government charter; to
provide for a budget for the new county-wide government; to provide
for the submission of such proposed county-wide government charter
3066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the qualified voters of Clarke County for approval or rejection; to
provide the manner in which such charter shall be submitted to those
voters; to provide for the conduct of such election and for the
certification of the results thereof; to provide for all procedures and
matters connected with the foregoing; to provide for severability; to
repeal specific 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. This Act shall be known and may be cited as the
Athens-Clarke County Charter Commission Act. This Act is
pursuant to the authority granted by an amendment to the Constitu-
tion of the State of Georgia proposed by a resolution of the General
Assembly, approved March 4, 1966 (Ga. Laws 1966, p. 1050), and
ratified at the November general election on November 8,1966.
Section 2. As used in this Act the following terms shall have the
meanings ascribed to them unless the context clearly requires other-
wise:
(1) Charter commission or commission shall mean the
Athens-Clarke County Charter Commission provided for in this
Act.
(2) Governing authority of Clarke County shall mean the
board of commissioners of Clarke County.
(3) Governing authority of the City of Athens shall mean
the mayor and council of the City of Athens.
Section 3. (a) There is hereby created the Athens-Clarke
County Charter Commission, which shall consist of 16 members to be
appointed as hereinafter provided. The mayor of the City of Athens
and the chairman of the board of commissioners of Clarke County
shall serve on the charter commission ex officio. The governing
authority of the City of Athens shall appoint seven members to the
charter commission with two of those members to be members of the
mayor and council of the City of Athens and five of those members to
be citizens at large. The governing authority of Clarke County shall
appoint seven members to the charter commission with two of those
members to be members of the board of commissioners and five of
those members to be citizens at large. None of the members who are
citizens at large shall hold elected or appointed public office.
GEORGIA LAWS 1981 SESSION
3067
(b) The members of the charter commission shall be representa-
tive of the entire community of Athens and Clarke County and may
reside anywhere within the territorial limits of Clarke County. If a
member of the charter commission becomes unable to serve for any
reason, the governing authority that appointed that member shall
appoint a successor promptly. Except for the election of a permanent
chairman, as provided in subsection (a) of Section 4, nine members of
the charter commission shall constitute a quorum for the transaction
of business.
Section 4. (a) The charter commission shall hold an organiza-
tional meeting within 21 days after this Act becomes effective. The
mayor of the City of Athens and the chairman of the board of
commissioners of Clarke County shall call the organizational meeting
and shall designate one of the members of the charter commission as
temporary chairman for the purpose of presiding at the organiza-
tional meeting. The first order of business at the organizational
meeting shall be the election of a permanent chairman who shall be
elected by majority vote of all members of the charter commission. In
calling the organizational meeting, the mayor of the City of Athens
and the chairman of the board of commissioners of Clarke County
shall designate the date, time, and place that the organizational
meeting shall be held.
(b) After organization and election of a permanent chairman,
the charter commission shall be authorized to elect a secretary who
need not be a member and such other officers from the charter
commission as it shall deem necessary. The charter commission shall
be further authorized to employ such staff as may be required to
assist it in studying all matters relating to the governments of the City
of Athens and Clarke County and in drafting a charter. The charter
commission shall not employ any person to assist it who holds any
elective public office.
(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. The
staff employed by the commission shall be paid compensation as
determined by the commission within the limits of funds available to
it. The governing authority of the City of Athens and the governing
authority of Clarke 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 the governing authorities shall initially
3068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appropriate not less than $5,000.00 for the charter commission and
the treasurer or other fiscal authority of each of those governing
authorities shall honor vouchers or warrants signed by the chairman
of the charter commission. The governing authorities shall appropri-
ate such additional funds in equal amounts as may be necessary to
meet the expenses of the charter commission. Such additional
expenditures shall be first approved by both 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, except for information that is confidential or
privileged by law.
Section 5. The commission shall be authorized to study all
matters relating to the governments of the City of Athens and Clarke
County and all matters relating to the establishment of a single
county-wide government with powers and jurisdiction throughout the
territorial limits of Clarke County. The charter commission shall
draft a charter creating a single county-wide government, which
government may supersede and replace the existing governments of
the City of Athens and Clarke County and may also supersede and
replace any public authorities and special service districts located and
operating within Clarke County.
Section 6. (a) The charter so drafted shall be submitted to the
qualified voters of Athens and Clarke County as hereinafter provided.
(b) The General Assembly hereby delegates its powers to the
charter commission to draft such a charter which may include any
provisions necessary to effectuate its purposes. Without limiting the
generality of the foregoing, the proposed charter may provide for any
one or more, or a combination, of the matters listed below. Where it is
indicated that an item shall be included, the inclusion of that particu-
lar item shall be mandatory.
(1) The charter shall provide for the abolishment of the
existing governments of the City of Athens and Clarke County and
for the creation of a new single government having all powers
formerly exercised by the City of Athens and Clarke County and
such other powers as may be necessary or desirable. The new
single government may be given such rights, powers, duties, and
liabilities as are now or hereafter vested in municipalities or
counties, or both, or combinations thereof, by the Constitution
and laws of the State of Georgia. The form and composition of the
new government shall be as the charter shall provide.
GEORGIA LAWS 1981 SESSION
3069
(2) The charter may authorize the new government to be
eligible to have, hold, enjoy, and be entitled to any assistance,
credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid,
appropriations, and matching funds to the same extent as any
municipality or county of the State of Georgia.
(3) The charter may provide for the abolishment of any
courts presently existing in the City of Athens and Clarke County,
except the superior court and probate court, and for the creation
of one or more new courts having jurisdiction and powers of the
former courts.
(4) The charter may provide for the abolishment of any
public authorities and special service districts located within
Clarke County, however created, and for the transfer of all powers,
duties, and obligations of such authorities and districts to the new
county-wide government.
(5) The charter may provide for the abolishment of any one
or more public offices, including coroner, county surveyor, or
positions of public employment of the City of Athens and Clarke
County. The charter may provide for administrative division or
changes with reference to the duties and responsibilities of any
public office or official as the charter commission shall deem
necessary for the efficient functioning of the new county-wide
government.
(6) The charter shall provide for the creation of the govern-
ing authority of the new single county-wide government, including
the number of members of the governing authority and their
powers, duties, terms of office, manner and time of election or
appointment, compensation, and method of removal. The charter
shall provide for the name or names of the new county-wide
government and governing authority.
(7) The charter may provide for the creation of the various
departments, boards, bureaus, offices, commissions, and positions
of public employment of the new county-wide government and all
other matters necessary or incidental thereto.
(8) The charter shall provide for the creation and selection
of a personnel board of five members and provide for their duties
and terms of office. It shall also be mandatory for the charter to
3070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for a merit system of personnel administration for the
employees of the county-wide governing authority. The provi-
sions and rules of the merit system shall be established by the
adoption of an ordinance by the new county-wide governing
authority.
(9) The charter may provide for the creation of two or more
taxing districts whereby taxes shall be assessed, levied, and col-
lected by the new county-wide government in accordance with the
kind, character, type, and degree of services provided by the
government within those taxing districts. The rate and manner of
taxation may vary in any one district from that in another or other
districts. The charter may provide that the powers, authority,
duties, liabilities, and functions of the new governing authority
may vary from district to district. The charter shall provide that
any taxing districts established shall reflect the services received
and that the governing authority of the new county-wide govern-
ment shall continue to revise districts as conditions may require in
its judgment.
(10) The charter may provide for the assumption by the new
government of all bonded indebtedness and all other obligations
of whatever kind of all governmental units, public authorities, and
special service districts which are consolidated by the charter and
may provide a method by which the new county-wide government
shall assume the payment of any obligations issued under the
Revenue Bond Law or other similar legislation.
(11) The charter may provide for the transfer to the new
county-wide government of assets, contracts, and franchises of all
governmental units and any public authorities and special service
districts which have consolidated or merged with the new county-
wide government.
(12) The charter may provide the purposes for which the
new county-wide government or governing authority or any
agency thereof may levy taxes and the debt limitations applicable
to such new county-wide government or any agency thereof.
(13) The charter shall provide that it may be amended by
the General Assembly; and the General Assembly hereby
expressly reserves the right to amend by local law any charter
adopted pursuant to this Act. The charter may provide for an
GEORGIA LAWS 1981 SESSION
3071
additional method or methods by which the charter may be
amended and shall provide for any amendments adopted by any
such other method or methods to be filed with the Secretary of
State so that they may be published in the Georgia Laws. The
charter shall provide for the repeal of conflicting laws.
(14) The charter may contain such other provisions as are
necessary and needful to achieve the objectives of consolidation of
the governments and functions of the City of Athens and Clarke
County and the creation of a successor government.
(c) The following additional provisions shall govern proceedings
of the charter commission and any successor county-wide government
created by a charter drafted by the commission:
(1) The charter commission is authorized to contract with
any public or private institution or body for any special studies or
assistance it deems necessary, subject to the limitation that any
expenditure therefor shall be within the limits of the funds made
available to it by the respective governing authorities.
(2) Any successor government created and established shall,
without the necessity or formality of deed, bill of sale, or other
instrument of transfer, be and become the owner of all property,
assets, and rights previously belonging to the City of Athens and
Clarke County and any authorities or special services districts
merged into the new government.
(3) The charter commission shall develop a budget for the
first year of operation of the new county-wide government that
shall not exceed the total of the budget of the City of Athens for its
fiscal year 1981 and the budget of Clarke County for its fiscal year
1982, plus the amount of 10 percent of the total of those budgets as
an allowance for the increased costs of goods and services due to
inflation. A copy of this budget shall be attached to and incorpo-
rated in the proposed charter. If the charter is approved, any
expenditure by the new government during its first fiscal year in
excess of said budget shall be unlawful.
(d) Neither this Act or the charter shall be construed to limit or
remove the existing power of the General Assembly to abolish or
modify the form of any municipality in Clarke County.
3072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. The charter commission shall be required to hold at
least four public hearings to determine the sentiment of the citizens
of Athens and Clarke County regarding the work of the charter
commission. The charter commission shall cause the date, time, and
place of such hearings to be advertised in the official organ of Clarke
County once a week for the two weeks immediately preceding the
week during which the public hearings are held. The charter commis-
sion shall be authorized to hold more than four public hearings if it
determines that additional public hearings are desirable, but all
public hearings shall be advertised as provided herein.
Section 8. (a) The charter commission shall complete its studies
and shall prepare, complete, and file the charter within six months
after the date of its initial meeting. However, the above-described
time period may be extended for such additional periods of time as
may be provided by resolutions duly adopted by the governing
authorities of the City of Athens and the governing authority of
Clarke County.
(b) Certified copies of the charter shall be filed by the charter
commission with the clerks of the governing authorities of the City of
Athens and Clarke County and shall be authenticated by the signa-
ture of the chairman of the charter commission. Those copies shall be
public records and shall be available for inspection or examination by
any interested person.
(c) The charter commission shall also make available a copy of
the charter to every daily or weekly newspaper published in Clarke
County and to each radio station operating within the county. The
commission shall take such other steps, within the limitation of its
available funds, as it deems reasonable and appropriate to inform the
public throughout the county of the contents of the proposed charter.
The charter commission shall also cause summaries of the proposed
charter to be printed in pamphlets or booklets and made available for
general distribution throughout the county.
(d) The charter commission is hereby authorized to adopt such
rules and regulations as it deems necessary or desirable to carry out
its powers and perform its duties and functions.
Section 9. (a) A certified copy of the proposed charter shall be
submitted to the Clarke County Board of Elections; and it shall be the
duty of that board to call and hold a special referendum election for
GEORGIA LAWS 1981 SESSION
3073
ratification or rejection of the proposed charter as provided in Section
10.
(b) The charter commission shall be abolished by a resolution
being duly adopted by the governing authorities of the City of Athens
and Clarke County.
Section 10. (a) Not less than 30 days nor more than 90 days
after receipt of the certified copy of the proposed charter, it shall be
the duty of the Clarke County Board of Elections to call a special
election for approval or rejection of the proposed charter. The board
shall set the date of the election for a day not less than 30 days nor
more than 60 days after the issuance of the call. The board shall cause
the date and purpose of the election to be published once a week for
two calendar weeks immediately preceding the date thereof in the
official organ of Clarke County. The ballot shall have written or
printed thereon the following:
[ ] YES Shall the charter consolidating the
governments of the City of Athens
[ ] NO and Clarke County and creating a
single county-wide government to
supersede and replace those govern-
ments be approved?
(b) All persons desiring to vote for approval of the charter
shall vote YES, and those persons desiring to vote for rejection of
the charter shall vote NO. The votes cast on such question by the
qualified voters of Clarke County residing within the corporate limits
of the City of Athens and the votes cast on such question by the
qualified voters of Clarke County residing outside the corporate
limits of the City of Athens shall be counted separately. If more than
one half of the votes cast by the qualified voters of Clarke County
residing within the corporate limits of the City of Athens are for
approval of the charter and if more than one half of the votes cast by
the qualified voters of Clarke County residing outside the corporate
limits of the City of Athens are for approval of the charter, then the
charter shall become effective. Otherwise, it shall be void and of no
force and effect. The expense of such election shall be borne equally
by the City of Athens and Clarke County.
(c) The special election shall be conducted pursuant to
the Georgia Election Code, except to the extent specifically provided
otherwise by this Act.
3074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) A qualified voter, as used herein, shall mean a voter of
Clarke County qualified to vote for members of the General Assembly
of Georgia. However, any voter who resides within the corporate
limits of the City of Athens and who is qualified to vote in city
elections shall also be a qualified voter for the purpose of voting at the
election provided for in this section. The board shall certify the
returns to the Secretary of State. The board shall also furnish a
certified copy of the charter to the Secretary of State. The Secretary
of State shall issue his proclamation showing and declaring the result
of the election on the approval or rejection of the charter. One copy of
the proclamation shall be attached to the copy of the charter certified
to the Secretary of State. One copy of the proclamation shall be
delivered to the clerk of the governing authority of the City of Athens
who shall attach the same to the copy of the charter previously
certified to him. One copy of the proclamation shall be delivered to
the clerk of the governing authority of Clarke County who shall attach
the same to the copy of the charter previously certified to him.
(e) Whenever a charter for the consolidation of the gov-
ernments of the City of Athens and Clarke County has been adopted,
the above certified copies thereof, with the proclamation of the
Secretary of State of Georgia attached thereto, shall be deemed
duplicate original copies of the charter of the consolidated govern-
ment for all purposes. The certified copy of the charter and procla-
mation deposited with the clerk of the governing authority of the City
of Athens and the certified copy of the charter and proclamation
deposited with the clerk of the governing authority of Clarke County
shall subsequently be delivered by them to the successor government.
The successor government may issue certified copies of the charter
and any copy so certified shall be deemed a duplicate original copy of
the charter of the consolidated government for all purposes. The
Secretary of State is hereby authorized to issue certified copies of the
charter on file with him, and copies so certified by him shall be
deemed duplicate original copies of the charter of the consolidated
government for all purposes.
Section 11. In the event the proposed single county-wide
government charter is approved by voters as provided in Section 10,
an election shall be held in accordance with the provisions of the
charter to elect the members of the governing authority of the county-
wide government. Upon the election of the members of the governing
authority and their taking office as the governing authority of the
county-wide government, the existing governments of the City of
GEORGIA LAWS 1981 SESSION
3075
Athens and Clarke County shall stand abolished, all in accordance
with the provisions of the charter of the new county-wide govern-
ment.
Section 12. In the event any section, subsection, sen-
tence, 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 13. The Acts creating Athens-Clarke County
Charter Commissions, approved March 14, 1967 (Ga. Laws 1967, p.
2102), and March 12, 1971 (Ga. Laws 1971, p. 2042), are hereby
repealed in their entirety.
Section 14. This Act shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
Section 15. 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 local legislation will be intro-
duced at the 1981 Session of the General Assembly of Georgia, as
authorized by a constitutional amendment proposed by a resolution
of the General Assembly of Georgia, approved March 4, 1966 (Ga.
Laws 1966, p. 1050) and ratified on November 8, 1966, to create an
Athens-Clarke County Charter Commission to study all matters
relating to the consolidation of the governments of the City of Athens,
Georgia and of Clarke County, Georgia; to provide for the drafting of
a proposed charter by that commission for the establishment of a
single consolidated government; to provide for all matters pertaining
to that commission, to that charter and to consolidation; to provide
for all other matters authorized in the constitutional amendment
referred to above; and for other purposes.
3076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15th day of January, 1981.
Mayor and Council of
the City of
Athens, Georgia
Board of Commissioners
of Clarke County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bob Argo who, on oath, deposes
and says that he/she is Representative from the 63rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Athens Observer which is the official
organ of Clarke County, on the following dates: January 15, 22, 29,
1981.
/s/ Bob Argo
Representative,
63rd District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 6,1981.
GEORGIA LAWS 1981 SESSION
3077
STATE COURT OF BULLOCH COUNTY-
TERMS OF COURT.
No. 39 (House Bill No. 624).
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 March 21, 1958 (Ga. Laws 1958, p.
2750), so as to change the terms of said court; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Bulloch County,
approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended,
particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p.
2750), is hereby amended by striking in its entirety Section 11 of said
Act which reads as follows:
Section 11. Be it further enacted by the authority aforesaid;
That the terms of said city court shall be monthly for the trial and
disposition of criminal business and all civil business of whatever
amount. The time for holding said court shall be on the second
Monday in each month. The terms of such court shall be held at the
court house in the City of Statesboro in said County of Bulloch; and
shall last until the business is disposed of, unless sooner adjourned for
good cause. Juries shall be drawn as hereinafter directed for the
terms of said court held in January, April, July and October, and at
such other times as may be necessary. The judge of said city court
shall, in his discretion, hold his court at the same place at any other
time than the regular terms for the transaction of criminal business
which does not require a jury, as speedily as possible consistent with
the interests of the State, and accused, and may also hold adjourned
terms for the regular terms of said city court, for which he may draw
new juries or require the attendance of the same as in his sound legal
discretion may seem best. Said city court judge may also in his
discretion set cases for trial at convenient times, and the same may be
tried as of the terms, whether court has been held from day to day
until said time or not. Said City Court of Statesboro shall be operated
under the same rules of pleading, practice and procedure as are
applicable to the Superior Courts of this State.,
3078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and substituting in lieu thereof the following:
Section 11. Be it further enacted by the authority aforesaid, that
the terms of said state court shall be monthly for the trial and
disposition of criminal business and all civil business of whatever
amount. The time for holding said court shall be on the third Monday
in each month. The terms of such court shall be held at the
courthouse in the City of Statesboro in said County of Bulloch, and
shall last until the business is disposed of, unless sooner adjourned for
good cause. Juries shall be drawn as hereinafter directed for the
terms of said court held in January, April, July and October, and at
such other times as may be necessary. The judge of said court shall, in
his discretion, hold his court at the same place at any other time than
the regular terms for the transaction of criminal business which does
not require a jury, as speedily as possible consistent with the interests
of the State, and accused, and may also hold adjourned terms for the
regular terms of said state court, for which he may draw new juries or
require the attendance of the same as in his sound legal discretion
may seem best. Said state court judge may also in his discretion set
cases for trial at convenient times, and the same may be tried as of the
terms, whether court has been held from day to day until said time or
not. The State Court of Bulloch County shall be operated under the
same rules of pleading, practice and procedure as are applicable to the
Superior Courts 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 1981
regular session of the General Assembly of Georgia a bill to amend an
Act creating the State Court of Bulloch County, approved August 10,
1903 (Ga. Laws 1903, p. 153), as amended, so as to change the terms of
said court; and for other purposes.
This 31st day of December, 1980.
GEORGIA LAWS 1981 SESSION
3079
Francis W. Allen,
Judge
State Court of
Bulloch County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane who, on oath, deposes and
says that he/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 3, January 10, and
January 17,1981.
/s/ Bob Lane
Representative,
81st District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 9,1981.
3080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
SCREVEN COUNTYSALARY OF CLERK OF SUPERIOR
COURT, ASSISTANTS.
No. 40 (House Bill No. 635).
AN ACT
To amend an Act providing for a salary for the clerk of the
Superior Court of Screven County in lieu of the fee system, approved
February 10, 1960 (Ga. Laws 1960, p. 2048), so as to change the
compensation of said clerk; to provide for other matters relative
thereto; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a salary for the clerk of the
Superior Court of Screven County in lieu of the fee system, approved
February 10, 1960 (Ga. Laws 1960, p. 2048), is hereby amended by
striking Sections 2 and 3 in their entirety and substituting in lieu
thereof new Sections 2 and 3 to read as follows:
Section 2. The clerk of the Superior Court of Screven County
shall receive an annual salary of $16,000.00 to be paid in equal
monthly installments from the funds of Screven County.
Section 3. (a) The clerk of the Superior Court of Screven County
shall have the authority to appoint such deputies, clerks, assistants,
and other personnel as the clerk deems necessary to discharge the
official duties of the clerks office efficiently and effectively. The
clerk shall, from time to time, recommend to the governing authority
of said county the number of such personnel needed by the clerks
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 to designate and name the person or
persons who shall be employed as such deputies, clerks, assistants, or
other employees, and to prescribe their duties and assignments, and
to remove or replace any of such employees at will and within the
clerks sole discretion.
GEORGIA LAWS 1981 SESSION
3081
(b) The necessary operating expenses of the clerks 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, and equip-
ment 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 Screven 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 Janu-
ary, 1981, session of the General Assembly of Georgia, a bill to
increase the salary of the Clerk Superior Court of Screven County,
Georgia. Result of Resolution from Screven County Board of Com-
missioners.
This 5th day of January, 1981.
/s/ Bob Lane
/s/ John F. Godbee
Representatives,
Districts 81 and 82
respectively
Georgia, Fulton County.
3082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Robert 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 which is the
official organ of Screven County, on the following dates: January 8,
15 and 22,1981.
/s/ Robert E. Lane
Representative,
81st District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 9,1981.
HABERSHAM COUNTY CORONERS COMPENSATION.
No. 41 (House Bill No. 704).
AN ACT
To amend an Act placing the coroner of Habersham County on an
annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 3150), as
amended, so as to change the compensation of the coroner; to provide
an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
3083
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Habersham County on
an annual salary, approved April 17,1973 (Ga. Laws 1973, p. 3150), as
amended, is hereby amended by striking from Section 2 the figure
$1,200.00 and inserting in its place the figure $3,000.00 so that
when so amended Section 2 shall read as follows:
Section 2. The coroner shall receive an annual salary of
$3,000.00, payable in equal monthly installments from the funds of
Habersham 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.
Notice is hereby given that there will be introduced at the 1981
session of the Georgia General Assembly a bill to increase the salary of
the Habersham County Coroner.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Dover who, on oath, deposes and
says that he/she is Representative from the 11th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Tri-County Advertiser which is the official organ
of Habersham County, on the following dates: January 8,15,22,1981.
/s/ William Dover
Representative,
11th District
3084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 9,1981.
STATE COURT OF HABERSHAM COUNTY-
SOLICITORS SECRETARY.
No. 42 (House Bill No. 705).
AN ACT
To amend an Act entitled An Act to provide for a secretary for
the Solicitor of the State Court of Habersham County; to fix the
compensation for such secretary and provide for payment of same; to
provide an effective date; to repeal conflicting laws; and for other
purposes., approved April 13, 1973 (Ga. Laws 1973, p. 2709), as
amended by an Act approved March 31, 1976 (Ga. Laws 1976, p.
3654), an Act approved March 13,1978 (Ga. Laws 1978, p. 3608), and
an Act approved February 23,1979 (Ga. Laws 1979, p. 3029), so as to
change the compensation of the secretary of the solicitor of the State
Court of Habersham County; to provide for a minimum of said
compensation; to provide that said compensation be fixed and
approved by said solicitor with the board of commissioners of roads
and revenue for Habersham County to have authority to disallow any
part or all of such compensation in excess of said minimum; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3085
Section 1. An Act entitled An Act to provide for a secretary for
the Solicitor of the State Court of Habersham County; to fix the
compensation for such secretary and provide for payment of same; to
provide an effective date; to repeal conflicting laws; and for other
purposes., approved April 13, 1973 (Ga. Laws 1973, p. 2709), as
amended by an Act approved March 31, 1976 (Ga. Laws 1976, p.
3654), an Act approved March 13,1978 (Ga. Laws 1978, p. 3608), and
an Act approved February 23,1979 (Ga. Laws 1979, p. 3029), is hereby
amended by striking the first sentence from Section 1 of said Act and
substituting in lieu thereof the following sentence:
The solicitor of the State Court of Habersham County shall be
authorized to employ a secretary at a salary of not less than $400.00
per month, to be fixed and approved by the said solicitor and to be
paid monthly from the funds in the county treasury, provided that
that part of any salary in excess of $400.00 per month which may be
fixed and approved by the solicitor to be paid to said secretary may be
disallowed in whole or in part by the board of commissioners of roads
and revenue for Habersham County.,
so that when so amended Section 1 shall read as follows:
Section 1. The solicitor of the State Court of Habersham County
shall be authorized to employ a secretary at a salary of not less than
$400.00 per month, to be fixed and approved by the said solicitor and
to be paid monthly from the funds in the county treasury, provided
that that part of any salary in excess of $400.00 per month which may
be fixed and approved by the solicitor to be paid to said secretary may
be disallowed in whole or in part by the board of commissioners of
roads and revenue for Habersham County. Said solicitor shall have
the sole right to select the secretaries employed hereunder, who shall
serve at the pleasure of said solicitor, and who shall perform such
duties and services as prescribed by the solicitor.
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.
3086 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act providing for a secretary for the Solicitor of the State Court of
Habersham County approved April 13,1973 (Ga. Laws 1973, p. 2709),
as amended, relative to compensation for the Secretary of the Solici-
tor of said court; to repeal conflicting laws; and for other purposes.
Georgia, Habersham County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Amilee C. Graves, who, on oath,
deposes and says that she is Publisher of the Tri-County Advertiser,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Tri-County Advertiser which is the
official organ of Habersham County, on the following dates: January
8,15, and 22,1981.
/s/ Amilee C. Graves
Publisher
Tri-County Advertiser
Sworn to and subscribed before me,
this 22nd day of January, 1981.
/s/ Linda M. Freeman
Notary Public.
(Seal).
Approved March 9,1981.
GEORGIA LAWS 1981 SESSION
3087
STATE COURT OF HABERSHAM COUNTY-
COMPENSATION
OF JUDGE AND SOLICITOR.
No. 43 (House Bill No. 706).
AN ACT
To amend an Act creating and establishing the State Court of
Habersham County (formerly the City Court of Habersham County),
approved February 13,1941 (Ga. L. 1941, p. 651), as amended by an
Act approved March 28,1947 (Ga. L. 1947, p. 1400), an Act approved
February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5,
1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L.
1966, p. 2768), an Act approved April 11,1968 (Ga. L. 1968, p. 3678),
an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act
approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved
March 25,1974 (Ga. L. 1974, p. 3254), an Act approved February 11,
1977 (Ga. L. 1977, p. 2606), and an Act approved February 23, 1979
(Ga. L. 1979, p. 3025), 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 and establishing the State Court of
Habersham County (formerly the City Court of Habersham County)
approved February 13,1941 (Ga. L. 1941, p. 651), as amended by an
Act approved March 28,1947 (Ga. L. 1947, p. 1400), an Act approved
February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5,
1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L.
1966, p. 2768), an Act approved April 11,1968 (Ga. L. 1968, p. 3678),
an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act
approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved
March 25,1974 (Ga. L. 1974, p. 3254), an Act approved February 11,
1977 (Ga. L. 1977, p. 2606), and an Act approved February 23, 1979
(Ga. L. 1979, p. 3025), is hereby amended by striking Section 10 in its
entirety and substituting in lieu thereof a new Section 10 to read as
follows:
Section 10. Be it further enacted by the authority aforesaid, that
there shall be a judge of said State Court, who shall be appointed and
commissioned by the Governor, by and with the consent and advise of
3088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Senate, who shall hold his office until December 31, 1944, and
until his successor shall qualify, and thereafter, except in the case of a
vacancy, the judge of said State Court shall hold his office by virtue of
an election by the qualified voters of Habersham County, and shall
hold his office for a term of four years, beginning on the first day of
January, 1945. At the regular election of county officers of
Habersham County, in the year 1944 there shall be elected by the
qualified voters of said County of Habersham a judge of said State
Court who shall be commissioned by the Governor and shall hold his
office for a term of four years from January 1,1945, and at each of the
regular elections held for the election of county officers, every four
years thereafter, a judge of said court shall be elected. Any vacancy in
said office shall be filled by appointment by the Governor for the
unexpired term. The judge of said State Court shall receive an annual
salary of fourteen thousand dollars payable in equal monthly install-
ments from the funds of Habersham County. Said salary shall be
paid by the Judge of the Probate Court or other person or persons
who are now or may hereafter be charged by law with the paying out
of the money of Habersham County. The judge of the State Court
shall be furnished an office in the courthouse as other county officers,
and it shall be the duty of the governing authority of said county to
make provision annually in levying taxes for this purpose. The said
judge of the State Court shall receive no other compensation. He
shall not be prohibited from practicing law except that he shall not
practice criminal law as defense counsel in any court in Georgia.
Section 2. Said Act is further amended by striking Section 14 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 shall be a solicitor of said State Court, appointed, commissioned
and confirmed in the same manner provided for the appointment and
confirmation of the judge of said court, whose appointive term of
office shall be until the 31st day of December, 1944, and who shall
thereafter be elected and commissioned in the same manner, at the
same time and for the same terms as is hereinbefore provided for the
election of the judge of said court; and it shall be the duty of said
solicitor to prosecute for all offenses cognizable before said court.
The said solicitor shall receive the same fees for each written accusa-
tion as are allowed for each indictment in the superior court, and his
fees for all other services rendered shall be the same as are those of a
District Attorney in the superior court; but all such fees shall be paid
GEORGIA LAWS 1981 SESSION
3089
into the county treasury by the said solicitor as collected, and in lieu
thereof he shall receive an annual salary of fourteen thousand dollars
payable in equal monthly installments from the funds of Habersham
County. Said salary shall be paid by the Judge of the Probate Court or
other person or persons who are now or may hereafter be charged by
law with the paying out of the money of Habersham County. The said
solicitor shall receive no other fees or compensation for his services.
He shall not be prohibited from practicing law except that he shall
not practice criminal law as defense counsel in any court in
Habersham County, Georgia.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia a bill to amend the
Act creating the State Court of Habersham County (formerly the City
Court of Habersham County), approved February 13, 1941 (Ga. L.
1941, p. 651), as amended, relative to compensation for the Judge and
Solicitor of said court; to repeal conflicting laws; and for other
purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Dover who, on oath, deposes and
says that he/she is Representative from the 11th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Tri-County Advertiser which is the official organ
of Habersham County, on the following dates: December 25, 1980,
January 1,8,1981.
3090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ William Dover
Representative,
11th District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 9,1981.
ACT CREATING BOARDS OF ELECTIONS IN CERTAIN
COUNTIES AMENDED (11,340-11,390).
No. 46 (House Bill No. 520).
AN ACT
To amend an Act providing for a board of elections in certain
counties, approved February 1,1980 (Ga. Laws 1980, p. 3003), so as to
transfer the powers and duties of the board of registrars in such
counties to the board of 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 providing for a board of elections in certain
counties, approved February 1, 1980 (Ga. Laws 1980, p. 3003), is
hereby amended by adding after the phrase primaries and elections
in Section 1 of said Act the following:
GEORGIA LAWS 1981 SESSION
3091
and over the registration of electors,
so that when so amended Section 1 of said Act shall read as follows:
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 and over the registration of
electors in such county.
Section 2. Said Act is further amended by adding at the end of
Section 8 a new subsection, to be designated subsection (c), to read as
follows:
(c) With regard to the registration of electors, succeed to all the
powers and duties granted to the board of registrars by Code Title 34,
known as the Georgia Election Code, as now or hereafter amended.,
so that when so amended Section 8 of said Act shall read as follows:
Section 8. The board of elections shall:
(a) With regard to the preparation for, conduct and administra-
tion 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.
(c) With regard to the registration of electors, succeed to all the
powers and duties granted to the board of registrars by Code Title 34,
known as the Georgia Election Code, as now or hereafter amended.
Section 3. Said Act is further amended by adding a new section
following Section 10, to be designated Section 10A, to read as follows:
Section 10A. The board of registrars shall be relieved of all
powers and duties to which the board of elections succeeds by the
3092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provisions of this Act and shall deliver to the chairman of the board of
elections, 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 4. This Act shall become effective July 1,1981.
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved March 11,1981.
FAYETTE COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 47 (House Bill No. 607).
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, so as to change the fees for filing actions
therein; 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, 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 plaintiff, when he files his claim, shall deposit
with the court the sum of $12.00, 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
GEORGIA LAWS 1981 SESSION
3093
value of property involved exceeds $1,000.00 shall be $15.00; pro-
vided, further, the deposit of costs in cases of attachment, garnish-
ment, trover, statutory foreclosures on personalty and replevin by
possessory warrant shall be $15.00; 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
$12.00, 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 $12.00 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 pro-
spective 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.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
3094 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
1981 session of the General Assembly of Georgia a local act amending
an act creating and establishing the Small Claims Court of Fayette
County to change the fees for filing actions therein, to repeal conflict-
ing laws and for other purposes.
Georgia, Fayette County.
This is to certify that a Notice of Intention to Introduce Local
Legislation re: an act or acts to: amending an act creating Small
Claims Court of Fayette County to change the fees for filing actions
therein, to repeal conflicting laws and for other purposes, as shown in
attached newspaper cutting, was published in The Fayette County
News January 14,21,28, February 4,1981.
M Q. Melton, III
Publisher
Sworn to and subscribed before me,
this 6th day of February, 1981.
/s/ Helen S. Teague
Notary Public.
(Seal).
Approved March 11, 1981.
GEORGIA LAWS 1981 SESSION
3095
BALDWIN COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT.
No. 50 (Senate Bill No. 128).
AN ACT
To amend an Act placing the judge of the Probate Court of
Baldwin County upon an annual salary, approved January 27, 1967
(Ga. Laws 1967, p. 2006), as amended, particularly by an Act
approved February 25,1977 (Ga. Laws 1977, p. 2788), so as to change
the provisions relating to 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 I. An Act placing the judge of the Probate Court of
Baldwin County upon an annual salary, approved January 27, 1967
(Ga. Laws 1967, p. 2006), as amended, particularly by an Act
approved February 25, 1977 (Ga. Laws 1977, p. 2788), 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. After the effective date of this Act, the present
method of compensating the judge of the Probate Court of Baldwin
County, known as the fee system, is hereby abolished; and, in lieu
thereof, the judge of the probate court shall receive an annual salary
as provided in this section. 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 judge of the probate court, regardless of in what capacity services
were rendered. The judge of the probate court shall receive an annual
salary of $21,900.00, payable in equal monthly installments from the
funds of Baldwin 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.
3096 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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the judge of the Probate Court of Baldwin County upon
an annual salary, approved January 27,1967 (Ga. Laws 1967, p. 2006),
as amended; and for other purposes.
This 22 day of Dec., 1980.
Culver Kidd
Senator,
25th District
State of Georgia
County of Baldwin
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: Notice to intro-
duce local legislation Probate Judge Salary was inserted in space of
legal advertisement as follows: December 26; January 2,9.
/s/ Roger W. Coover,
Publisher
GEORGIA LAWS 1981 SESSION
3097
Subscribed and sworn before me,
this 9th day of January, 1981.
/s/ Nancy D. Veal
Notary Public.
My Commission expires August 15, 1982.
Approved March 16, 1981.
BALDWIN COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 51 (Senate Bill No. 129).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Baldwin County into the office of tax commissioner of
Baldwin County, approved March 21,1975 (Ga. Laws 1975, p. 2774),
so as to change the provisions relating 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 Baldwin County into the office of tax commissioner of
Baldwin County, approved March 21,1975 (Ga. Laws 1975, p. 2774),
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. The tax commissioner of Baldwin County shall receive
an annual salary of $21,900.00, payable in equal monthly installments
from the funds of Baldwin County.
3098 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.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act consolidating the offices of tax receiver and tax collector of
Baldwin County into the office of tax commissioner of Baldwin
County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), as
amended; and for other purposes.
This 22 day of Dec., 1980.
Culver Kidd
Senator,
25th District
State of Georgia
County of Baldwin
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: Notice to intro-
duce Local legislation Offices of tax receiver and tax collector was
inserted in space of legal advertisement as follows: December 26;
January 2,9.
/s/ Roger W. Coover,
Publisher
GEORGIA LAWS 1981 SESSION
3099
Subscribed and sworn before me,
this 9th day of January, 1981.
/s/ Nancy D. Veal
Notary Public.
My Commission expires August 15, 1982.
Approved March 16, 1981.
BALDWIN COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT.
No. 52 (Senate Bill No. 130).
AN ACT
To amend an Act placing the clerk of the Superior Court of
Baldwin County on an annual salary, approved April 3, 1972 (Ga.
Laws 1972, p. 3317), so as to change the provisions relating to the
compensation of the clerk of the superior court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of
Baldwin County on an annual salary, approved April 3, 1972 (Ga.
Laws 1972, p. 3317), 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 Baldwin County
shall receive an annual salary of $21,900.00, payable in equal monthly
installments from the funds of Baldwin 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.
3100 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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the clerk of the Superior Court of Baldwin County on an
annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), as
amended; and for other purposes.
This 22 day of Dec., 1980.
Culver Kidd
Senator,
25th District
State of Georgia
County of Baldwin
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: Notice to intro-
duce local legislation Clerk Superior Court was inserted in space of
legal advertisement as follows: December 26; January 2,9.
/s/ Roger W. Coover,
Publisher
GEORGIA LAWS 1981 SESSION
3101
Subscribed and sworn before me,
this 9th day of January, 1981.
/s/ Nancy D. Veal
Notary Public.
My Commission expires August 15, 1982.
Approved March 16, 1981.
SAVANNAH TRANSIT AUTHORITYMEMBERS.
No. 53 (Senate Bill No. 376).
AN ACT
To amend an Act providing for the creation of the Savannah
Transit Authority, approved March 17, 1960 (Ga. Laws 1960, p.
2620), as amended, so as to provide for appointment of members of
the authority and their terms of 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 providing for the creation of the Savannah
Transit Authority, approved March 17, 1960 (Ga. Laws 1960, p.
2620), as amended, is hereby amended by striking Section 3-4 in its
entirety and inserting in lieu thereof a new Section 3-4 to read as
follows:
Section 3-4. The authority is composed of five members. Each
member now serving shall serve for the term for which he is appointed
and until his successor has been appointed and qualified. Members
shall be eligible for reappointment. Beginning with the first appoint-
ment made due to expiration of a members term, successors shall be
3102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appointed by the mayor and confirmed by the city council of the City
of Savannah to serve for terms of five years. Vacancies by resignation,
or for other cause, shall be filled in the same manner by appointment
for the unexpired term.
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 Apply for Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of Georgia a bill to amend the
act creating the Savannah Transit Authority Ga. Laws 1960, Page
2620, as amended and for other purposes.
James B. Blackburn,
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Coleman who, on oath, deposes
and says that he/she is Senator from the 1st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Savannah Evening Press which is the official
organ of Chatham County, on the following dates: January 2, 9, 16,
1981.
/s/ J. Tom Coleman, Jr.
Senator,
1st District
GEORGIA LAWS 1981 SESSION
3103
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16,1981.
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (13,160-13,200).
No. 55 (House Bill No. 34).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in each county in this State having a population of not less than
13,160 and not more than 13,200 according to the U. S. Decennial
Census of 1960 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of such small claims court; to prescribe
the jurisdiction, the pleading, practice and service of process therein;
to provide for a clerk and prescribe his remuneration; to validate acts
and proceedings therein; to provide an effective date; to repeal
conflicting laws; and for other purposes., approved March 2, 1966
(Ga. Laws 1966, p. 2838), as amended by an Act approved March 20,
1972 (Ga. Laws 1972, p. 2327), and an Act approved April 13, 1973
(Ga. Laws 1973, p. 2635); to provide an effective date; to provide
conditions for the effective date; to repeal conflicting laws; and for
other purposes.
3104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in each county in this State having a population of not less than
13,160 and not more than 13,200 according to the U. S. Decennial
Census of 1960 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of such small claims court; to prescribe
the jurisdiction, the pleading, practice and service of process therein;
to provide for a clerk and prescribe his remuneration; to validate acts
and proceedings therein; to provide an effective date; to repeal
conflicting laws; and for other purposes., approved March 2, 1966
(Ga. Laws 1966, p. 2838), as amended by an Act approved March 20,
1972 (Ga. Laws 1972, p. 2327), and an Act approved April 13, 1973
(Ga. Laws 1973, p. 2635), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Macon
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved March 16,1981.
DOUGLAS COUNTYCORONERS COMPENSATION.
No. 59 (House Bill No. 479).
AN ACT
To amend an Act placing the coroner of Douglas County on a
salary in lieu of a fee basis of compensation, approved March 28,1961
(Ga. Laws 1961, p. 2511), as amended, particularly by an Act
GEORGIA LAWS 1981 SESSION
3105
approved April 17,1973 (Ga. Laws 1973, p. 3529), so as to change the
compensation of the coroner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Douglas County on a
salary in lieu of a fee basis of compensation, approved March 28,1961
(Ga. Laws 1961, p. 2511), as amended, particularly by an Act
approved April 17,1973 (Ga. Laws 1973, p. 3529), is hereby amended
by striking from Section 1 of said Act the following:
two hundred ($200.00) dollars,
and substituting in lieu thereof the following:
$400.00,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. In lieu of all fees, costs, perquisites, and emoluments
of whatever kind and nature now or hereafter allowed by law to
coroners for service as such, the coroner of Douglas County is hereby
placed on a salary of $400.00 per month.
Section 2. This Act shall become effective on July 1,1981.
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 in the 1981
regular session of the General Assembly of Georgia a bill to amend an
act placing the Coroner of Douglas County on a salary basis in lieu of a
fee basis of compensation, approved March 28,1961 (Ga. Laws 1961,
p. 2511), as amended; and for other purposes.
Thomas M. Kilgore,
Representative,
District 65
3106 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
8,15 and 22,1981.
/s/ Thomas M. Kilgore
Representative,
65th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 16,1981.
CITY OF LaGRANGECORPORATE LIMITS.
No. 61 (House Bill No. 538).
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 extend and increase the corporate limits of
GEORGIA LAWS 1981 SESSION
3107
the City of LaGrange; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
LaGrange in the County of Troup, approved March 8,1968 (Ga. Laws
1968, p. 2191), as amended, is hereby further amended by adding a
new subparagraph (15) after subparagraph (14) of Paragraph (a) of
Appendix I, Boundaries of the City of LaGrange, Georgia, as follows:
(15) In addition to the property heretofore included in the
corporate limits of the City of LaGrange, Troup County, Georgia, the
corporate limits shall be extended so as to include the following
described property:
All that tract or parcel of land, containing 243.3 acres, more or less,
situate, lying and being in Land Lots 49 and 80 of the 6th Land
District and Land Lots 13, 14, 19, and 20 of the 5th Land District,
Troup County, Georgia, more particularly described as follows:
Starting at a point, said point being at the intersection of the
Southern boundary of Cameron Mill Road and the existing City
Limits of LaGrange, run thence in a generally Westerly direction
along the Southern margin of the existing Cameron Mill Road for a
distance of 4000 feet, more or less, to a point, said point being on the
South margin of Cameron Mill Road in line with and 50 feet South of
the Southwest corner of Lot 1, Wildwood Subdivision, Section One, as
recorded in Plat Book 10, pages 256-257, Troup County records;
thence North 01 54 West 50 feet to the Southwest corner of Lot 1,
Wildwood Subdivision; thence along the Western margin of Lots 1
and 2 North 01 54 West a distance of 611.13 feet to a point; thence
South 88 08 West 427.19 feet to a point on the Eastern margin of
proposed access to Jackson Creek Recreation Area, (100 foot right-of-
way), said point being the Southwest corner of Lot No. 4, Section II,
Wildwood Subdivision, recorded in Plat Book 20, page 18, Troup
County records; thence Northerly along the Western margin of Lots 4
and 6, and along the arc of a curve having a chord bearing of North
14 20 East, a chord distance of 180.72 feet, and an arc distance of
182.60 feet to a point; thence North 00 08 East a distance of 620.03
feet to a point, said point being the Northwest corner of Lot 6, Section
2, Wildwood Subdivision; thence North 89 35 East 420.00 feet to
the Northwest corner of Lot 5, Section One, Wildwood Subdivision;
3108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence along the Northern line of Lot 5 North 74 54 East 181.39
feet to a point on the Western line of Lot 11; thence North 31 50
West and along the Western line of Lots 10 and 11 for a distance of
385.00 feet to the Northwest corner of Lot No. 10, Section One,
Wildwood Subdivision, said point is also the Southwest corner of
Tract Two as per plat recorded in Plat Book 14, page 99, Troup
County records; thence along the Western line of Tract Two and
along the Eastern line of Tract One North 03 42 East 306.59 feet to
corner number 553300 Corps of Engineer Survey of West Point
Reservoir, said point is also the Northeast corner of Tract One; thence
North 89 34 West 482.07 feet to a point located on the Eastern
margin of proposed access road to Jackson Creek Public Recreation
Area (100 foot right of way); thence Southerly along the Eastern
margin of proposed road along the arc of a curve having a chord
bearing of South 15 08 East, a chord distance of 83.47 feet, an arc
distance of 83.64 feet to a point; thence in a Westerly direction 550
feet, more or less, across the proposed access road and through the
property of Callaway to a point on the Eastern line of William L.
Hutchinson property at a break in said Eastern property line of
Hutchinson, as per plat recorded in Plat Book 6, page 112, said break
being 1200 feet, more or less, North of the centerline of Cameron Mill
Road; thence Northeasterly along the Hutchinson property line 1225
feet, more or less, to a point on the U. S. Government acquisition line
(West Point Reservoir); thence South 89 59 East 50.0 feet, more or
less, to corner No. 553100, having Georgia Plane Co-ordinates N-
1,117,988.50, E-220,961.24; thence North 45 07 20 East 2012.79
feet to a point in the low pool of West Point Reservoir having Co-
ordinates of N-l,119,408.72, E-222,387.53, said point being on the
existing city limits of LaGrange; thence Southerly along the existing
city limits South 17 19 39 East 3024.76 feet to a point in the low
pool of West Point Reservoir having Georgia Plane Co-ordinates
Nl,116,521.23 E223,288.40; thence South 45 05 39 East 2917.66
feet to a point on the existing city limits of LaGrange, and in the low
pool of West Point Reservoir; thence South 10 28 West 390 feet,
more or less, along the existing city limits to the Point of Beginning.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3109
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of Georgia a Bill to amend an
Act creating a new charter for the City of LaGrange approved 8
March 1968 (Georgia Laws 1968, page 2191, as amended); the purpose
of said amendment being the annexation of the following described
property into the corporate city limits of the City of LaGrange, to-wit:
All that tract or parcel of land containing 243.3 acres, more or less,
situate, lying and being in Land Lots 49 and 80 of the Sixth Land
District of Troup County, Georgia, and Land Lots 13,14,19 and 20 of
the Fifth Land District, Troup County, Georgia.
This 22nd day of January, 1981.
John W. Bell
Clerk-Treasurer
City of LaGrange
Georgia, Troup County.
Personally before the undersigned officer, authorized to adminis-
ter oaths, appeared Glen 0. Long who, on oath, deposes and says that
he is the Publisher of the LaGrange Daily News, the newspaper in
which Sheriff s advertisements of Troup County, Georgia are pub-
lished; that the advertisement Notice of Intention to Introduce
Local Legislation which is hereinafter set forth, was duly published
in said newspaper on the dates of January 23,1981, January 30,1981
and February 6,1981.
/s/ Glen O. Long
Publisher,
LaGrange Daily News
3110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
on this the 6th day of February, 1981.
/s/ Katherine M. Nelson
Notary Public, Troup County, Georgia.
My Commission Expires March 2, 1981.
(Seal).
Approved March 16, 1981.
CITY OF WADLEYRECORDER.
No. 62 (House Bill No. 711).
AN ACT
To amend an Act creating a new charter for the City of Wadley,
approved March 28, 1974 (Ga. Laws 1974, p. 3576), so as to change
certain provisions relating to eligibility to serve as and service as
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 creating a new charter for the City of Wadley,
approved March 28,1974 (Ga. Laws 1974, p. 3576), is hereby amended
by striking from subsection (1) of Section 6-2 the following:
qualified to vote in Jefferson County,
and inserting in lieu thereof the following:
a resident of the Middle Judicial Circuit of Georgia,
GEORGIA LAWS 1981 SESSION
3111
so that when so amended said subsection (1) of Section 6-2 shall read
as follows:
Section 6-2. Recorder. (1) No person shall be qualified or
eligible to serve as recorder unless he shall have attained the age of 21
years, shall not have been convicted of a crime involving moral
turpitude and shall be a resident of the Middle Judicial Circuit of
Georgia. Until such time that the mayor and council shall appoint a
recorder to serve at their discretion, the mayor, or in his absence the
mayor pro tern, shall act as recorder. The compensation of the
recorder shall be fixed by the mayor and council.
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
1981 Session of the General Assembly of Georgia, a bill to amend the
Charter of the City of Wadley so as to make provisions relative to the
position of Judge of Recorders Court and for other purposes.
This 26th day of January, 1981.
E. E. Bargeron
State 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
3112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the News and Farmer and Wadley
Herald which is the official organ of Jefferson County, on the follow-
ing dates: January 29, February 5,12,1981.
/s/ Emory E. Bargeron
Representative,
83rd District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16,1981.
HOUSTON COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 63 (House Bill No. 714).
AN ACT
To amend an Act creating a board of commissioners of Houston
County, approved August 5, 1922 (Ga. Laws 1922, p. 372), as
amended, particularly by an Act approved March 14,1973 (Ga. Laws
1973, p. 2091), so as to change the compensation of the board
members; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3113
Section 1. An Act creating a board of commissioners of Houston
County, approved August 5, 1922 (Ga. Laws 1922, p. 372), as
amended, particularly by an Act approved March 14,1973 (Ga. Laws
1973, p. 2091), is hereby amended by striking from subsection (a) of
Section 3 the following:
three hundred and fifty ($350.00) dollars,
and inserting in lieu thereof the following:
$450.00,
so that when so amended said Section 3 shall read as follows:
Section 3. (a) The members of the board of commissioners of
Houston County shall receive a salary of $450.00 per month from the
funds of Houston County.
(b) A monthly contingent expense allowance for the chairman of
the board of commissioners of Houston County shall be and the same
is hereby fixed in the sum of one hundred and fifty ($150.00) dollars,
which shall be in addition to any other compensation provided for
said chairman.
(c) A monthly contingent expense allowance for the members of
the board of commissioners of Houston County, other than the
chairman, shall be and the same is hereby fixed in the sum of fifty
($50.00) dollars, which shall be in addition to any other compensation
provided for said members other than the chairman.
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
1981 session of the General Assembly of Georgia a bill to amend an
3114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act creating the Board of Commissioners for Houston County,
approved August 15,1922 (Ga. Laws 1922, p. 372), as amended, so as
to increase the compensation of each member of the board of commis-
sioners by $100.00 a month, and for other purposes.
This 16th day of January, 1981.
Ted W. Waddle
Representative,
113th District
Larry Walker
Representative,
115th District
Roy H. Watson, Jr.
Representative,
114th District
Ed Barker
Senator,
18th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Larry Walker who, on oath, deposes
and says that he/she is Representative from the 115th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Houston Home Journal which is the
official organ of Houston County, on the following dates: January 22,
29, and February 5,1981.
/s/ Larry Walker
Representative,
115th District
GEORGIA LAWS 1981 SESSION
3115
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16,1981.
GWINNETT COUNTYOWNERSHIP, ETC. OF
PINBALL MACHINES.
No. 64 (House Bill No. 777).
AN ACT
To repeal an Act providing that it shall be unlawful to own,
possess, use, maintain, or operate pinball machines or similar
machines in Gwinnett County, approved February 27,1962 (Ga. Laws
1962, p. 2364); to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing that it shall be unlawful to own,
possess, use, maintain, or operate pinball machines or similar
machines in Gwinnett County, approved February 27,1962 (Ga. Laws
1962, p. 2364), is hereby repealed in its entirety.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3116 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
1981 session of the General Assembly of Georgia a bill to repeal Ga.
Laws 1962, p. 2364, relating to the ownership, possession, use, mainte-
nance and operation of pinball machines or similar machines in
Gwinnett County, so as to repeal said law in its entirety; to repeal
conflicting laws; and for other purposes.
This 3rd day of February, 1981.
/s/ Herbert T. Jenkins
Herbert T. Jenkins
Solicitor, State Court of
Gwinnett County
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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: February 6,
13,20,1981.
/s/ Vinson Wall
Representative,
61st District
GEORGIA LAWS 1981 SESSION
3117
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16,1981.
CITY OF FOREST PARKCORPORATE LIMITS.
No. 65 (House Bill No. 792).
AN ACT
To amend an Act reincorporating the City of Forest Park in
Clayton County and creating a new charter for said city, approved
April 19,1973 (Ga. Laws 1973, p. 3701), so as to extend the corporate
limits of said city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Forest Park in
Clayton County and creating a new charter for said city, approved
April 19,1973 (Ga. Laws 1973, p. 3701), is hereby amended by adding
at the end of Section 1.02 the following:
The corporate limits of the City of Forest Park shall also include
the following tracts or parcels of property:
3118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PARCEL 1
All that tract or parcel of land located partly in Land Lot 111 and
partly in Land Lot 113 of the 13th District of Clayton County and
described as follows:
To arrive at the point of beginning, begin at the northeast inter-
section of the right of way of Morrow Road and Ash Street; and
running north along the east right of way of Ash Street, 273 feet to a
point; thence running N 890000 E, 313.60 feet to a point, said point
being the point of beginning; thence running N 890000 E, 138.99
feet to a point, thence running S 10014 E, 310.39 feet to a point on
the north right of way of Morrow Road; thence running N 782318
W, along the north right of way of Morrow Road, 144.94 feet to a
point; thence running N 03000 W, 278.75 feet to the point of
beginning.
PARCEL 2
All that tract or parcel of land lying and being in Land Lot 52 of
the 13th District of Clayton County, Georgia, being the parcel of land
described in the Warranty Deed from T. J. Barnett to Van L. Beasley,
dated June 13, 1950, recorded in Deed Book 77, page 353 of Clayton
County records, and more particularly described, according to a plat
of Survey made for Compton Trucking, Inc., by John E. Chapman,
Jr., Registered Land Surveyor, dated November 12,1979, as follows:
BEGINNING at an iron pin at the intersection formed by the
North line of the 50-foot right-of-way of Barnett Road with the West
line of said Land Lot 52 and running thence along said land lot line on
a bearing of North 0-degrees 10-minutes West 688.5 feet to an iron
pin; thence South 88-degrees 26-minutes East 229.8 feet to an iron pin
at the northwest corner of lands now or formerly owned by B. W.
Anderson; thence along the West line of said Anderson tract, which is
marked by a line fence on a bearing of South 1-degree 26-minutes
West 687.6 feet to an iron pin on the North side of Barnett Road;
thence along the North side of Barnett Road on a bearing of North 88-
degrees 26-minutes West 210.5 feet, more or less, to the point of
beginning.
GEORGIA LAWS 1981 SESSION
3119
PARCEL 3
All that tract or parcel of land located in Land Lot 52 of the 13th
District of Clayton County and described as follows:
To arrive at the point of beginning, begin at the intersection of the
north right of way of Barnett Road and the west land lot line of Land
Lot 52; thence running in an easterly direction along the north right of
way of Barnett Road, 201.73 feet to the point of beginning; thence
running in an easterly direction along the north right of way of
Barnett Road, 100 feet to a point; thence running north 3 degrees 10
minutes 29 seconds west, 685.2 feet to a point; thence running south
86 degrees 54 minutes 29 seconds west, 100 feet to a point; thence
running south 3 degrees 10 minutes 29 seconds east, 685.2 feet to a
point on the north right of way of Barnett Road said point being to
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
1981 session of the General Assembly of Georgia, a bill to change the
corporate limits of the City of Forest Park, Georgia; and for other
purposes.
This 26th day of January 1981.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
deposes and says that he/she is Representative from the 72nd Dis-
trict, 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: February 3,
10,17,1981.
3120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Rudolph Johnson
Representative,
72nd District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16,1981.
MACON COUNTYSMALL CLAIMS COURT CREATED.
No. 68 (House Bill No. 269).
AN ACT
To create and establish a Small Claims Court of Macon County; to
provide for the initial judge; to provide for the appointment, duties,
powers, compensation, qualifications, substitution and tenure of
office of the judge of such small claims court; to prescribe the
jurisdiction, the pleading, practice and service of process therein; to
provide for a clerk and prescribe his remuneration; to validate acts
and proceedings therein; to provide for the continuation of certain
processes, actions, suits, and cases; to provide for other matters
relative to the foregoing; to provide for legislative intent; to provide
for severability; to provide an effective date; to provide for conditions
for an effective date; to repeal conflicting laws; and for other pur-
poses.
GEORGIA LAWS 1981 SESSION
3121
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small
Claims Court of Macon County. Such court shall have civil jurisdic-
tion in cases at law in which the demand or value of the property
involved does not exceed $3,000.00; said jurisdiction to be concurrent
with the jurisdiction of any other court or courts now or hereafter
established in Macon County. Said jurisdiction shall include the
power to issue writs of garnishment and attachment and, in addition
to the powers herein specifically granted, also all the powers granted
to justices of the peace by the laws of the State of Georgia.
Section 2. (a) The judge of the small claims court in Macon
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the Governor shall appoint a citizen of Macon
County to be judge of the small claims court for a term of four years
and until his successor is appointed and qualified.
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 Macon County or any judge of a city court located in Macon
County on application of any party or the 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 to 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-
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
3122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
form herein provided, or its equivalent, and shall affix his signature
hereto. The judge or clerk may at the request of any individual,
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
in Macon County by any official or person authorized by law to serve
process in circuit courts; or by registered or certified mail with return
receipt, or by any person not a party to or otherwise interested in the
suit, especially appointed by the judge for that purpose.
(c) When notice is to be served by registered or certified mail,
the clerk shall enclose a copy of the statement of claim, verification
and notice in an envelope addressed to the defendant, at his last
known address, prepay the postage from the filing fee hereinafter
provided for, mail the same forthwith, noting on the record the day
and hour of mailing. If such receipt is returned or marked refused
by U. S. Postal Authorities, the clerk shall attach the same to the
original statement of claim, and it shall be prima facie evidence of
service upon the defendant.
(d) When served by a private individual, as above provided, he
shall make proof of service by affidavit, showing the time and place of
service on the defendant.
(e) When served as provided, the actual cost of service shall be
taxable as costs. 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than fifteen 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.
GEORGIA LAWS 1981 SESSION
3123
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. The plaintiff, when he files his claim, shall deposit
with the court $21.50 in those cases which do not exceed $750.00, or
the sum of $25.00 in those cases from $750.00 to $3,000.00, 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;
but the deposit of costs in cases of attachment, garnishment, trover,
statutory foreclosures on personalty, and replevin by possessory
warrant, shall be $16.50; and in other matters not specifically men-
tioned here the cost 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, 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 cases 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.
Section 9. (a) On the day set for the hearing, or such latter time
as the judge may set, the trial shall be had. 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 the 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, and all rules and regulations relating to pleading,
practice and procedures shall be liberally construed so as to adminis-
ter justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for
want of prosecution, or 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, or 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 or setoff to be filed, or same may be
3124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 hereof 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, and to
stay executions, 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 superior court presiding in Macon
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, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof.
(a) The judge of such 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 Macon County, such bailiffs to serve at the
pleasure of the judge and under his discretion, and a person so
appointed shall be known and designated as Small Claims Court
Bailiff and have the powers and authority, and be subject to the
penalties, of all lawful constables of the State of Georgia, including
the power to serve any and all processes and writs issued from or by
said Small Claims Court, with power, also, to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment
as such, take and subscribe the oath of office as prescribed in section
24-804 and give the bond prescribed in section 24-811 of the Code of
Georgia, and such bailiffs shall be subject to be ruled for failure of
duty or malfeasance in office as are other lawful constables of this
State.
Section 13. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
GEORGIA LAWS 1981 SESSION
3125
secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and defendant having three
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.
Section 14. Judgments of small claims courts shall become a lien
on the real estate and personal property of a defendant, situated in
any county, from the time of the filing in the office of the clerk of the
superior court for said county, of an execution based upon such
judgment and the entry thereof by the clerk in the general execution
docket for said county.
Section 15. Appeals may be had from judgments returned in a
Small Claims Court, to the superior court, or the city court of Macon
County, and the same provisions now provided for by law for appeals
from probate courts to the superior court, shall be applicable to
appeals from the small claims court to the superior court, or the city
court of Macon County.
Section 16. Until otherwise provided by rules of court the
statement of claims, verification, and notice shall be in the following
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.
________________ County, Georgia
Address
Georgia
Plaintiff
Address
vs.
Defendant
3126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied, 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 or plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or agent)
Sworn and subscribed before me this________day of________________, 19
Notary Public
Notice.
To
Defendant
Home Address
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).
You are required to be present at the hearing in order to avoid a
judgment by default against you.
GEORGIA LAWS 1981 SESSION
3127
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
Section 17. All acts performed by the judge or the clerk of the
Small Claims Court of Macon County and all proceedings before the
court are hereby validated.
Section 18. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act shall be furnished by the Macon
County commissioners.
Section 19. (a) Such Small Claims Court having no designated
terms at stated periods, the judge thereof shall in each instance, set
dates for all hearings and trials in every kind of case, and, also
designate the times when attachments and executions are returnable
and, also designate the time when each answer to a summoms of
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, but no judgment shall be rendered against a garnishee before a
final judgment shall have first been rendered against the defendant.
(b) A summons of garnishment may be served by the sheriff or
his deputies, or by a lawful constable, or by a Small Claims Court
bailiff, or by the judge of the Small Claims Court; or it may be served
by registered or certified mail, provided such service by mail is
3128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
evidenced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit, or to the writ of
attachment; provided further, it shall be prima facie evidence of
service on the garnishee if the sealed envelope in which said summons
was mailed to the garnishee by registered or certified mail is returned
to sender by U. S. postal authorities marked refused, giving the
date of refusal and be signed or initialed by a U. S. Post Office
employee or U. S. mail carrier to whom refusal was made. Whenever
served 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 or on the back of a conformed copy of
the original summons of garnishment which was given to the gar-
nishee, or such entry of service may be made on a separate paper and
attached to the said garnishment affidavit or the writ of attachment,
as the case may be.
Section 20. The judge of a Small Claims Court shall have the
power to impose fines of not more than ten dollars or imprison for not
longer than twenty-four hours any person guilty of contempt of court,
such fines to be paid into the Macon County treasury or depository
for county purposes.
Section 21. The fee of bailiff for the execution of a fi. fa. shall be
$7.50, 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%) on the first $250.00 and five percent
(5%) on all sums over that amount, with a minimum of $7.50.
Section 22. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Macon County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Macon County which is
created by this Act.
Section 23. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Macon County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore existing small claims court in Macon
County as created by an Act approved March 2,1966 (Ga. Laws 1966
p. 2838), as amended, which court shall stand abolished by action of
the General Assembly effective July 1,1981.
GEORGIA LAWS 1981 SESSION
3129
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 uncon-
stitutional 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 July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in each county in this
State having a population of not less than 13,160 and not more than
13,200 according to the U. S. Decennial Census of 1960 or any future
such census; to provide for the appointment, duties, powers, compen-
sation, qualifications, substitution and tenure of office of the judge of
such small claims court; to prescribe the jurisdiction, the pleading,
practice and service of process therein; to provide for a clerk and
prescribe his remuneration; to validate acts and proceedings therein;
to provide an effective date; to repeal conflicting laws; and for other
purposes., approved March 2, 1966 (Ga. Laws 1966, p. 2838), as
amended by an Act approved March 20, 1972 (Ga. Laws 1972, p.
2327), and an Act approved April 13,1973 (Ga. Laws 1973, p. 2635); to
provide an effective date; to provide conditions for the effective date;
to repeal conflicting laws; and for other purposes. does not pass the
1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 26. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Macon County; to provide for other matters
relative thereto; and for other purposes.
3130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 10th day of December, 1980.
Larry Walker
Representative,
115th District
Bryant Culpepper
Representative,
98th District
Ed Barker
Senator,
18th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Larry Walker who, on oath, deposes
and says that he/she is Representative from the 115th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Citizen Georgian which is the official
organ of Macon County, on the following dates: December 10,17, 24,
1980.
/s/ Larry Walker
Representative,
115th District
Sworn to and subscribed before me,
this 19th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18,1981.
GEORGIA LAWS 1981 SESSION
3131
CHEHAW PARK AUTHORITYMEETINGS.
No. 73 (House Bill No. 491).
AN ACT
To amend an Act creating the Chehaw Park Authority, approved
April 11,1979 (Ga. Laws 1979, p. 4515), so as to change the provisions
respecting meetings of the Authority; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Chehaw Park Authority,
approved April 11,1979 (Ga. Laws 1979, p. 4515), is hereby amended
by striking in its entirety subsection (c) of Section 4 thereof, which
reads as follows:
(c) The members of the Authority shall organize and enter
upon the performance of their duties immediately after the effective
date of this Act. The Authority shall meet at such times and places as
it shall determine, but in any event, the Authority shall meet not less
often than one time each calendar month.,
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The Authority shall meet at such times and places as it shall
determine, but in any event the Authority shall meet not less often
than quarterly. The Authority shall also meet at any time that a
meeting is called by the Chairman, or by any two members of the
Authority.
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.
3132 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 1981
Session of the General Assembly of Georgia a bill to amend the
legislation creating Chehaw Park Authority so as to change the
provisions of said Act respecting meetings of the Authority.
James V. Davis
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Chambless who, on oath,
deposes and says that he/she is Representative from the 131st Dis-
trict, 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
16,23,30,1981.
/s/ Tommy Chambless
Representative,
131st District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
GEORGIA LAWS 1981 SESSION
3133
ALBANY DOUGHERTY PAYROLL DEVELOPMENT
AUTHORITY.
No. 74 (House Bill No. 492).
AN ACT
To amend an Act creating the Albany Dougherty Payroll Develop-
ment Authority, approved March 28,1958 (Ga. Laws 1958, p. 2870),
as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p.
2778), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3172), and
an Act approved April 11, 1979 (Ga. Laws 1979, p. 3639), so as to
authorize the Authority to issue revenue bonds with such rates of
interest as are authorized by the board of directors of the Authority;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Albany Dougherty Payroll
Development Authority, approved March 28,1958 (Ga. Laws 1958, p.
2870), as amended by an Act approved March 3,1962 (Ga. Laws 1962,
p. 2778), an Act approved April 17,1975 (Ga. Laws 1975, p. 3172), and
an Act approved April 11, 1979 (Ga. Laws 1979, p. 3639), is hereby
amended by adding at the end of Section 6 a new subsection (m),
describing an additional power of the Authority, to read as follows:
(m) To issue revenue bonds for the purpose of paying all or any
part of the cost of any project of the Authority. Such revenue bonds
shall be issued and validated under and in accordance with the
applicable provisions of the Revenue Bond Law, approved March 31,
1937 (Ga. Laws 1937, p. 761), as now or hereafter amended. However,
the interest rates of any such revenue bonds shall be fixed by the
board of directors of the Authority and any limitations with respect to
interest rates contained in said Revenue Bond Law shall not apply to
revenue bonds issued under this subsection. The usury laws of the
State of Georgia shall not apply to revenue bonds issued under this
subsection. This authority shall be in addition to any other power of
the Authority.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3134 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Albany Dougherty Payroll Development Authority,
approved March 28,1958 (Ga. Laws 1958, p. 2870), as amended, so as
to authorize the authority to issue revenue bonds with such rates of
interest as are authorized by the board of directors of the authority; to
provide for related matters; and for other purposes.
This 9th day of January, 1981.
Tommy Chambless
Representative,
District 131
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Chambless who, on oath,
deposes and says that he/she is Representative from the 131st Dis-
trict, 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
10,17,24,1981.
/s/ Tommy Chambless
Representative,
131st District
GEORGIA LAWS 1981 SESSION
3135
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
GWINNETT COUNTYCOMPENSATION OF
COUNTY COMMISSIONERS.
No. 75 (House Bill No. 661).
AN ACT
To amend an Act creating a Board of Commissioners of Gwinnett
County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as
amended, particularly by an Act approved February 18, 1977 (Ga.
Laws 1977, p. 2646), so as to change the compensation and expense
allowance of the members of said board and to change the compensa-
tion of the chairman; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners of
Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p.
2003), as amended, particularly by an Act approved February 18,1977
(Ga. Laws 1977, p. 2646), is hereby amended by striking subsection
(a) of Section 9 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) Members of the commission herein created, other than the
chairman, shall be paid as their entire compensation for services as
3136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
same, a base salary of $6,600.00 each per annum to be paid in equal
monthly installments out of the county treasury upon warrants drawn
upon the county treasury. This salary shall be increased on January 1,
1982, by an amount equal to 3 percent of said salary and on January 1
of each year thereafter shall be increased by an amount equal to 3
percent of the salary received the immediately preceding year; pro-
vided that the total compensation of each such commissioner shall
not exceed $7,600.00 per annum. The members of the commission,
other than the chairman, shall also be entitled to receive an expense
allowance of $250.00 per month to be paid from the funds of Gwinnett
County.
Section 2. Said Act is further amended by striking in its entirety
subsection (b) of Section 9 and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) The chairman shall receive as his compensation a salary of
$35,000.00 per annum. This salary shall be increased on January 1,
1982, by an amount equal to 3 percent of said salary and on January 1
of each year thereafter shall be increased by an amount equal to 3
percent of the salary received the immediately preceding year. Said
salary shall be paid out of the county treasury upon warrants drawn
upon the county treasury as other warrants are drawn. In addition to
the compensation hereinabove provided, the chairman shall be fur-
nished an automobile by the county with the expenses of the opera-
tion thereof and the expenses incurred by said chairman to be paid by
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 introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act creating a board of commissioners of Gwinnett County, approved
January 31, 1968 (Ga. Laws 1968, p. 2003), as amended; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
3137
This 12th day of Jan., 1981.
/s/ James A. Henderson
James A. Henderson
Attorney for Board of
Commissioners of
Gwinnett County
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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 16,
23,30,1981.
/s/ R. T. Phillips
Representative,
59th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
3138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 76 (House Bill No. 663).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and
Tax Collector of Gwinnett County into the office of tax commissioner,
approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4486), so as to change the provisions relative to the compensation of
the tax commissioner; to provide an effective date; to repeal conflict-
ing 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 Gwinnett County into the office of tax commissioner,
approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4486), is hereby amended by striking Section 4 and inserting in lieu
thereof a new Section 4 to read as follows:
Section 4. The tax commissioner shall receive a salary of
$26,700.00 per annum, to be paid in equal monthly installments from
the funds of Gwinnett County. This salary shall be increased on
January 1,1982, by an amount equal to 3 percent of said salary and on
January 1 of each year thereafter shall be increased by an amount
equal to 3 percent of the salary received the immediately preceding
year. All fees, commissions, costs, or any other perquisites collected
by the tax commissioner shall be the property of Gwinnett County,
and shall be turned over to the fiscal authority of said county with a
detailed, itemized statement of the services for which such fees 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 1981 SESSION
3139
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act consolidating the offices of tax receiver and tax collector of
Gwinnett County into the office of tax commissioner, approved
February 23, 1956 (Ga. Laws 1956, p. 2502), as amended; to repeal
conflicting laws; and for other purposes.
This 12th day of Jan., 1981.
/s/ James A. Henderson
James A. Henderson
Attorney for
Board of Commissioners
of Gwinnett County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Martin who, on oath, 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 16,
23,30,1981.
/s/ Charles Martin
Representative,
60th District
3140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
GWINNETT COUNTYSHERIFFS COMPENSATION.
No. 77 (House Bill No. 664).
AN ACT
To amend an Act placing certain officers of Gwinnett County on
an annual salary, approved February 23, 1956 (Ga. Laws 1956, p.
2535), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 4488), so as to change the compensation of the
sheriff; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain officers of Gwinnett County on
an annual salary, approved February 23, 1956 (Ga. Laws 1956, p.
2535), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 4488), is hereby amended by striking subsection
(a) of Section 2 in its entirety and inserting in its place a new
subsection to read as follows:
(a) The Sheriff of Gwinnett County shall receive an annual
salary of $30,000.00, payable in equal monthly installments from
Gwinnett County funds. This salary shall be increased on January 1,
1982, by an amount equal to 3 percent of said salary and on January 1
GEORGIA LAWS 1981 SESSION
3141
of each year thereafter shall be increased by an amount equal to 3
percent of the salary received the immediately preceding year.
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 Legal Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill amending an
Act placing the sheriff, the clerk of superior court, and the judge of
probate court on a salary basis of compensation, approved February
23, 1956 (Ga. Laws 1956, p. 2539), as amended; to repeal conflicting
laws; and for other purposes.
This 12th day of Jan., 1981.
/s/ James A. Henderson
James A. Henderson
Attorney for
Board of Commissioners
of Gwinnett County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Martin who, on oath, 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 16,
23,30,1981.
3142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Charles Martin
Representative,
60th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
GWINNETT COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT AND PROBATE COURT JUDGE.
No. 78 (House Bill No. 665).
AN ACT
To amend an Act placing certain officers of Gwinnett County on
an annual salary, approved February 23, 1956 (Ga. Laws 1956, p.
2535), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 4488), so as to change the compensation of the
clerk of superior court 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 certain officers of Gwinnett County on
an annual salary, approved February 23, 1956 (Ga. Laws 1956, p.
2535), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 4488), is hereby amended by striking subsections
(b) and (c) of Section 2 in their entirety and inserting in their place
new subsections to read as follows:
GEORGIA LAWS 1981 SESSION
3143
(b) The Clerk of Superior Court of Gwinnett County shall
receive an annual salary of $26,700.00, payable in equal monthly
installments from Gwinnett County funds. This salary shall be
increased on January 1,1982, by an amount equal to 3 percent of said
salary and on January 1 of each year thereafter shall be increased by
an amount equal to 3 percent of the salary received the immediately
preceding year.
(c) The Judge of the Probate Court of Gwinnett County shall
receive an annual salary of $26,700.00, payable in equal monthly
installments from Gwinnett County funds. This salary shall be
increased on January 1,1982, by an amount equal to 3 percent of said
salary and on January 1 of each year thereafter shall be increased by
an amount equal to 3 percent of the salary received the immediately
preceding year.
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 approved.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Legal Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill amending an
Act placing the sheriff, the clerk of superior court, and the judge of
probate court on a salary basis of compensation, approved February
23, 1956 (Ga. Laws 1956, p. 2539), as amended; to repeal conflicting
laws; and for other purposes.
This 12th day of Jan., 1981.
/s/ James A. Henderson
James A. Henderson
Attorney for
Board of Commissioners
of Gwinnett County
3144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Martin who, on oath, 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 16,
23,30,1981.
/s/ Charles Martin
Representative,
60th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
ELECTION BOARDS CREATED IN CERTAIN
COUNTIES (18,150 - 18,250).
No. 79 (House Bill No. 712).
AN ACT
To provide for a board of registrations and elections in certain
counties; to provide for the powers and duties of the board; to provide
GEORGIA LAWS 1981 SESSION
3145
for the appointment, election, qualifications, resignation, and
removal of initial and subsequent members; to provide for filling
vacancies; to provide an administrative office for elections and regis-
trations; to staff such office with an elections supervisor, clerical
assistants, and other employees; to provide compensation for admin-
istrative personnel and members of the board; 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 in each county of this state
having a population of not less than 18,150 and not more than 18,250
according to the United States decennial census of 1970 or any future
such 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.
Section 2. (a) The initial board shall be composed of five
members, each of whom shall be an elector and a resident of the
county and who shall be selected in the following manner:
(1) Two members shall be appointed by the chairman of the
county executive committees of the political party whose candi-
dates, at the last preceding regular general election held for the
election of all members of the General Assembly, received the
largest number of votes in this state for members of the General
Assembly; and two members shall be appointed by the chairman
of the county executive committee of the political party whose
candidates received the next largest number of votes at such
election; provided, however, each of the appointments shall have
been ratified by a majority of the members of each of the respec-
tive executive committees voting at a regularly scheduled meeting
of the executive committee or a meeting duly called and held for
such purposes. In the event the appointments are not ratified by a
majority of the members of the executive committees at least 45
days preceding the date on which such members are to take office,
then the members of the respective executive committees may
elect such members by a two-thirds majority of the membership of
the executive committees at a regularly scheduled meeting or at a
meeting duly called and held for such purposes. In the event the
members of said executive committees fail to elect such members
3146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
at least 30 days preceding the date on which such members are to
take office then such members shall be appointed in accordance
with the provisions of Section 4 of this Act.
(2) The fifth member of the board shall be appointed by a
majority vote of the other four members of the board. Said fifth
member shall be appointed within 30 days of the party appointed
members taking office. The fifth member so selected shall be
deemed to be a member at large. Any appointment made under
the provisions of this paragraph shall also be entered upon the
minutes of the governing authority. The appointment of the
member at large shall not be governed by the provisions of Section
4 of this Act.
(b) Each subsequent board shall be composed of three members,
each of whom shall be an elector and a resident of the county and who
shall be selected in the following manner:
(1) One member shall be appointed by the chairman of the
county executive committees of the political party whose candi-
dates, at the last preceding regular general election held for the
election of all members of the General Assembly, received the
largest number of votes in this state for members of the General
Assembly; and one member shall be appointed by the chairman of
the county executive committee of the political party whose
candidates received the next largest number of votes at such
election; provided, however, each of the appointments shall have
been ratified by a majority of the members of each of the respec-
tive executive committees voting at a regularly scheduled meeting
of the executive committee or a meeting duly called and held for
such purposes. In the event the appointments are not ratified by a
majority of the members of the executive committees at least 45
days preceding the date on which such members are to take office,
then the members of the respective executive committees may
elect a member by a two-thirds majority of the membership of the
executive committees at a regularly scheduled meeting or at a
meeting duly called and held for such purposes. In the event the
members of said executive committees fail to elect such members
at least 30 days preceding the date on which such members are to
take office then such members shall be appointed in accordance
with the provisions of Section 4 of this Act.
GEORGIA LAWS 1981 SESSION
3147
(2) The third member of the board shall be appointed by
the other two members of the board. Said third member shall be
appointed within 30 days of the party appointed members taking
office. The third member so selected shall be deemed to be a
member at large. Any appointment made under the provisions of
this paragraph shall also be entered upon the minutes of the
governing authority. The appointment of the member at large
shall not be governed by the provisions of Section 4 of this Act.
Section 3. (a) The appointment or election of each appointed or
elected member shall be made by the respective appointing or elec-
ting authority. Said appointing or electing authority shall file an
affidavit with the clerk of the superior court, no later than 30 days
preceding the date at which such member is to take office, which
states the name and residential address of the person appointed or
elected and certifies that such member has been duly appointed or
elected as provided in this Act.
(b) The appointment of the member at large shall be made by
the other members of the board. Said members of the board shall file
an affidavit with the clerk of the superior court, no later than 15 days
preceding the date at which such member is to take office, which
states the name and residential address of the person appointed and
certifies that such member has been duly appointed as provided in
this Act.
(c) The clerk of the superior court shall record each of such
certifications on the minutes of the court and shall certify the name of
each appointed or elected member to the Secretary of State and
provide for the issuance of appropriate commissions to the members,
as provided by law for registrars.
Section 4. In the event any appointing or electing authority fails
(1) to make a regular appointment or election within the times
specified in Section 2 or Section 3; or (2) to make an interim
appointment or election to fill a vacancy within 60 days after the
creation of such vacancy, such regular member or the member to fill
such vacancy shall be appointed forthwith by the governing authority
of said county. This section shall not apply to the selection process of
the member at large.
Section 5. Each appointed or elected member of the board shall
(1) serve for a term of two years and until his successor is appointed or
3148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elected and qualified, except in the event of resignation or removal as
hereinafter provided; (2) be eligible to succeed himself and shall have
the right to resign at any time by giving written notice of his
resignation to the respective appointing or electing authority and to
the clerk of the superior court; and (3) be subject to removal from the
board at any time, for cause after notice and hearing, in the same
manner and by the same authority as is provided for the removal of
registrars.
Section 6. In the event a vacancy occurs in the office of any
appointed or elected member before the expiration of his term by
removal, death, resignation, or otherwise, the respective appointing
or electing authority shall appoint or elect a successor to serve for the
remainder of the unexpired term. The clerk of the superior court shall
be notified of interim appointments or elections and record and
certify such appointments or elections in the same manner as the
regular appointment or election of members.
Section 7. No person who holds public office, whether elective or
appointive, shall be eligible to serve as a member of the board during
the term of such elective office; and the position of membership of any
member shall be deemed vacant upon such member qualifying as a
candidate for said elective public office. The elections supervisor
shall not be eligible to serve as a member of the board, nor shall he be
appointed or elected to serve as a member of the board.
Section 8. (a) (1) The initial members of the board shall take
office on June 1,1981, for the sole purpose of selecting the member
at large.
(2) The initial members of the board shall take office on
July 1,1981, so long as the member at large has been certified to
the clerk of the superior court by such date. The board shall take
no official action until the member at large has been certified to
the clerk of the superior court.
(3) The terms of office of each of the five members of the
initial board shall expire on June 30,1983.
(b) (1) Subsequent boards shall be composed of three mem-
bers who shall be appointed in accordance with the provisions of
subsection (b) of Section 2 of this Act. The members of each
subsequent board shall take office on the first day of June in each
GEORGIA LAWS 1981 SESSION
3149
odd-numbered year for the sole purpose of selecting the member
at large.
(2) Subsequent members of the board shall take office on
the first day of July in each odd-numbered year, so long as the
member at large has been certified to the clerk of the superior
court by such date. The board shall take no official action until
the member at large has been certified to the clerk of the superior
court.
(c) The members of the board shall take substantially the same
oath as required by law for registrars and shall have the same
privileges from arrest.
Section 9. (a) The board shall:
(1) With regard to the preparation for and conduct of
elections, succeed to and exercise all duties and powers granted to
and incumbent upon the judge of the probate court by Code Title
34, known as the Georgia Election Code, as now or hereafter
amended, of whatever nature and kind, and any other provision of
law with respect thereto.
(2) With regard to preparation for and conduct of primaries,
succeed to all the duties and powers granted to and incumbent
upon the judge of the probate court by Code Title 34, known as the
Georgia Election Code, as now or hereafter amended, of whatever
nature and kind, and any other provision of law with respect
thereto.
(3) With regard to the registration of electors, succeed to
and exercise all powers, duties, and responsibilities conferred
upon and incumbent upon the board of registrars pursuant to
Code Title 34, known as the Georgia Election Code, as now or
hereafter amended, or any other provision of law.
(b) The board of registrations and elections shall have the
authority to contract with any municipality located within the county
for the holding of any primary or election to be conducted within the
municipality.
Section 10. Any rule or regulation promulgated by a county
executive committee under the provisions of subsection (c) of Code
3150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 34-902, relating to the conduct of conventions and other party
affairs, as now or hereafter amended, shall be null and void if in
conflict with a valid rule or regulation of the board of registrations
and elections.
Section 11. Nothing in this Act shall be construed to require or
prohibit joint primaries or to require or prohibit the governing
authority or any other public agency to bear any expense of conduct-
ing primaries not otherwise required by law.
Section 12. With the consent of the governing authority, the
board shall be authorized to expend public funds for the purpose of
preparing and distributing material solely to inform and instruct
adequately electors of the county with regard to elections. No
material distributed by the board shall contain or express, in any
manner or form, any commentary or expression of opinion or request
for support with respect to any political issue or matter of political
concern.
Section 13. (a) The board shall be authorized and empowered to
organize itself, elect its officers, determine its procedural rules and
regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such action as is appropriate to the
management of the affairs committed to its supervision; provided,
however, that no such action shall conflict with state law.
(b) Action and decision by the board shall be by a majority of the
members of the board.
Section 14. (a) The board shall fix and establish, by appropriate
resolution entered on its minutes, directives governing the execution
of matters within its jurisdiction. The board shall hold regular
monthly meetings at the county courthouse. Any special called
meetings held pursuant to the bylaws adopted by the board shall be
held only after written notification of the time and place of the
holding of such meeting has been communicated in writing to the
person designated by the county governing authority to provide
public information.
(b) The board shall maintain a written record of policy decisions
that shall be amended to include additions or deletions. Such written
record shall be made available for the public to review.
GEORGIA LAWS 1981 SESSION
3151
Section 15. The board shall be responsible for the selection and
appointment of the administrative director, herein to be known as the
elections supervisor, to administer and supervise conduct of elections,
primaries, and registration of electors for the county. The board shall
act within 60 days of its members taking office under this Act to
appoint an elections supervisor who shall be hired by the board from a
job description drawn by said board. Compensation shall be deter-
mined in accordance with the salary schedule for department heads
established by the governing authority of the county. Compensation
for the elections supervisor shall be paid by the governing authority
wholly from county funds.
Section 16. The governing authority of the county shall expend
public funds to provide the elections supervisor with such proper and
suitable administrative offices and with such clerical assistants and
other employees, approved by the board, as the governing authority
shall deem appropriate. Compensation for such administrative per-
sonnel shall be paid by the governing authority wholly from county
funds.
Section 17. In the event the board fails to appoint or retain an
elections supervisor to fill a vacancy within the time specified in
Section 15 of this Act, an acting elections supervisor who shall fill
temporarily such vacancy shall be appointed forthwith by the govern-
ing authority to serve until the board fills the vacancy as provided in
this Act.
Section 18. The board shall be responsible for the selection,
appointment, and training of poll workers in elections. Such workers
shall be appointed, insofar as practical, from lists provided by the
county executive committees of the two major political parties
appointing members to the board of registrations and elections.
Section 19. Compensation for the members on the board shall
be set at $25.00 per meeting for a maximum of four paid meetings a
month from June 1,1981, to June 1,1982. Thereafter, compensation
shall be $50.00 a month.
Section 20. 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, relating to definitions, as now or hereafter amended, unless
otherwise clearly apparent from the text of this Act.
3152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 21. Upon the effective date of this Act, July 1,1981, the
judge of the probate court and the county board of registrars shall be
relieved from all powers and duties to which the board of registrations
and elections succeeds by the provisions of this Act and shall deliver
thereafter to the chairman of the board, upon his written request, the
custody of all equipment, supplies, materials, books, papers, records,
and facilities of every kind pertaining to such powers and duties.
Also, at such time, the board of registrars and the office of chief
registrar shall be abolished. However, the judge of the probate court
shall swear in all persons elected to public office as done prior to the
effective date of this Act.
Section 22. This Act shall become effective on July 1, 1981,
except for the provisions of subsection (a) of Section 8 which shall
become effective June 1,1981.
Section 23. All laws and parts of laws in conflict with this Act
are hereby repealed.
Approved March 19,1981.
ROCKDALE COUNTYCOUNTY COMMISSION
VACANCIES.
No. 80 (House Bill No. 713).
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, so as to change the method of filling vacancies; 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:
GEORGIA LAWS 1981 SESSION
3153
Section 1. An Act creating a board of commissioners for
Rockdale County, approved March 4,1977 (Ga. Laws 1977, p. 2817),
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:
Section 5. (a) Except as set forth in Section 3, all elections for
members of the board of commissioners created by this Act shall be
held and conducted in accordance with the provisions of Code Title
34, known as the Georgia Election Code, as now or hereafter
amended.
(b) In the event of a vacancy in the office of chairman of the
board of commissioners or of a commissioner or commissioners, either
of whose unexpired term equals or exceeds 210 days, it shall be the
duty of the judge of the Probate Court of Rockdale County to call a
special election for the filling of such vacancy or vacancies, which
election shall be governed by the provisions of said Georgia Election
Code relative to special elections for the filling of vacancies. Such
special election shall be held within 60 days of the date of the creation
of the vacancy; provided, however, that it shall be the further duty of
the judge of the Probate Court of Rockdale County to appoint within
ten days following the vacancy or vacancies an interim chairman or
commissioner or commissioners as appropriate to serve pending the
election of a new chairman or commissioner or commissioners. Said
interim appointee(s) shall be subject to the same qualifications, oath,
and bond as a duly elected or permanently appointed chairman or
commissioner or commissioners.
(c) In the event of a vacancy in the office of chairman of the
board of commissioners or of a commissioner or commissioners, either
of whose unexpired term does not equal or exceed 210 days, it shall be
the duty of the remaining elected member or members of the commis-
sion to fill vacancies by permanent appointment. The said appoint-
ment or appointments shall be made within 20 days following the
occurrence of the vacancy or vacancies. If only one elected commis-
sioner remains at that point in time, he shall make both appointments
for less than 210 days. If, however, there are two remaining elected
members of the commission and they cannot unanimously agree on a
suitable appointee, then, after the 20 days aforesaid have passed, both
remaining elected commissioners shall submit an appointees name to
the judge of the Probate Court of Rockdale County, whose duty it
shall then be to select one name or the other within 24 hours after
submission.
3154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) If all seats on the commission shall become vacant concur-
rently and if any unexpired term is for less than 210 days, the judge of
the Probate Court of Rockdale County shall proceed to fill such
vacancy or vacancies by appointment. All remaining vacancies for
which the unexpired term equals or exceeds 210 days shall then be
filled by following the procedure set out in subsection (b) hereina-
bove.
(e) All persons elected or appointed to fill vacancies pursuant to
the provisions of this section, except interim appointees, shall serve
for the remainder of the unexpired term of any such office.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Legal Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 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 2nd day of Jan., 1981.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence 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 2, 9, 16,
1981.
GEORGIA LAWS 1981 SESSION
3155
/s/ Clarence R. Vaughn, Jr.
Representative,
57th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
FORSYTH COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 83 (House Bill No. 850).
AN ACT
To amend an Act creating a Board of Commissioners for Forsyth
County, Georgia, approved June 30,1964 (Ga. Laws 1964, Ex. Sess., p.
2225), as amended, particularly by an Act approved March 2, 1972
(Ga. Laws 1972, p. 2065) and an Act approved March 13, 1978 (Ga.
Laws 1978, p. 3484), so as to change the provisions relating to the
compensation of the chairman and members of the board of commis-
sioners; 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
3156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Forsyth County, Georgia, approved June 30,1964 (Ga. Laws 1964, Ex.
Sess., p. 2225), as amended, particularly by an Act approved March 2,
1972 (Ga. Laws 1972, p. 2065) and an Act approved March 13, 1978
(Ga. Laws 1978, p. 3484), is hereby amended by striking Section 7 of
said Act in its entirety and inserting in lieu thereof a new Section 7 to
read as follows:
Section 7. (a) The chairman of the board of commissioners shall
receive a salary of $150.00 per month, payable out of the funds of
Forsyth County. The compensation of the other members of the
board shall be $100.00 per month, payable out of the funds of Forsyth
County.
(b) The chairman and each member of the board shall receive
the sum of $44.00 as an expense allowance for each days actual
attendance at a meeting of the board or any meeting of any other
governmental or public board, council, committee, authority, or
commission at which said member is representing the board of
commissioners of Forsyth County or a political subdivision of Forsyth
County, but shall receive the same for not more than four days per
month. Said expense allowance shall be payable out of the funds of
Forsyth County.
(c) The chairman and other members of the board shall also be
entitled to actual expenses incurred while on business outside of the
county, to be payable from the funds of Forsyth County.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners for Forsyth County
approved June 30,1964 (Ga. Laws 1964, p. 2225) as amended, so as to
change the compensation of the members of the Board of Commis-
sioners of said county; and for other purposes.
GEORGIA LAWS 1981 SESSION
3157
This 19th day of January, 1981.
Joe T. Wood
Representative,
9th District
Jerry D. Jackson
Representative,
9th District
Bobby Lawson
Representative,
9th District
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 Legisla-
tion was published in the Forsyth County News which is the official
organ of Forsyth County, on the following dates: January 28, Febru-
ary 4,11,1981.
/s/ Jerry D. Jackson
Representative,
9th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 19,1981.
3158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (32,300 - 32,700).
No. 84 (House Bill No. 948).
AN ACT
To repeal an Act entitled An Act to create and establish a small
claims court in certain counties of this state; to prescribe the jurisdic-
tion 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., approved March 26,
1980 (Ga. Laws 1980, p. 4045); to provide an effective date; to provide
conditions for the effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to 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
GEORGIA LAWS 1981 SESSION
3159
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.,
approved March 26,1980 (Ga. Laws 1980, p. 4045), is hereby repealed
in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Coweta
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved March 19,1981.
BULLOCH COUNTYCOMPENSATION OF EMPLOYEES
OF CLERK OF SUPERIOR COURT.
No. 85 (House Bill No. 1002).
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 18, 1980 (Ga. Laws 1980, p. 3400), so as to change the
compensation of the clerks employees; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 approved
March 18, 1980 (Ga. Laws 1980, p. 3400), is hereby amended by
striking Section 3 of said Act in its entirety and substituting in lieu
thereof the following:
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 $9,000.00 per annum, and a
docket clerk and to fix his compensation at a figure not to exceed
$8,300.00 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 $7,700.00 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.
The public is notified that there will be introduced in the 1981
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners 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 20, 1981.
GEORGIA LAWS 1981 SESSION
3161
Robert Emory Lane
Georgia House of
Representatives
District 81
John F. Godbee
Georgia House of
Representatives
District 82
Joseph E.Kennedy
Georgia State Senate
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee who, on oath, deposes
and says that he is Representative from the 82nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Statesboro Herald which is the official
organ of Bulloch County, on the following dates: January 22, 29,1981
and February 5,1981.
/s/ John F. Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved March 19,1981.
26
3162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BULLOCH COUNTYCOMPENSATION OF SHERIFFS
EMPLOYEES.
No. 86 (House Bill No. 1003).
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 18,1980 (Ga. Laws
1980, p. 3392), so as to change the compensation of the sheriffs
deputies and office 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 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 18,1980 (Ga. Laws
1980, p. 3392), is hereby amended by striking subsection (a) of Section
3 of said Act in its entirety and substituting in lieu thereof the
following:
(a) The Sheriff of Bulloch County shall be authorized to
employ one chief deputy who shall be compensated in the amount of
$12,600.00 per annum, one junior deputy who shall be compensated in
the amount of $11,400.00 per annum, and one office clerk who shall be
compensated in the amount of $8,300.00 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.
GEORGIA LAWS 1981 SESSION
3163
Notice to the Public.
The public is notified that there will be introduced in the 1981
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners 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 20, 1981.
Robert Emory Lane
Georgia House of
Representatives
District 81
John F. Godbee
Georgia House of
Representatives
District 82
Joseph E.Kennedy
Georgia State Senate
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee who, on oath, deposes
and says that he is Representative from the 82nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Statesboro Herald which is the official
organ of Bulloch County, on the following dates: January 22, 29,1981
and February 5,1981.
3164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ John F. Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved March 19,1981.
BULLOCH COUNTYCOMPENSATION OF CLERICAL
ASSISTANTS OF BOARD OF COMMISSIONERS.
No. 87 (House Bill No. 1004).
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 18,1980 (Ga. Laws
1980, p. 3395), so as to change the provisions relative to the compensa-
tion of the clerks; 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 18,1980 (Ga. Laws
1980, p. 3395), is hereby amended by striking subsection (b) of
Section 2 of said Act in its entirety and substituting in lieu thereof the
following:
GEORGIA LAWS 1981 SESSION
3165
(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 $10,400.00 per annum, and an additional clerical
assistant, who may be compensated in an amount not to exceed
$9,000.00 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.
The public is notified that there will be introduced in the 1981
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners 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 20, 1981.
Robert Emory Lane
Georgia House of
Representatives
District 81
John F. Godbee
Georgia House of
Representatives
District 82
Joseph E.Kennedy
Georgia State Senate
District 4
3166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee who, on oath, deposes
and says that he is Representative from the 82nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Statesboro Herald which is the official
organ of Bulloch County, on the following dates: January 22, 29,1981
and February 5,1981.
/s/ John F. Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved March 19,1981.
BULLOCH COUNTYCOMPENSATION OF CLERICAL
ASSISTANT OF PROBATE COURT JUDGE.
No. 88 (House Bill No. 1005).
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
GEORGIA LAWS 1981 SESSION
3167
1960, p. 2590), as amended, particularly by an Act approved March
18,1980 (Ga. Laws 1980, p. 3398), so as to change the compensation of
the clerk; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the 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 18, 1980 (Ga. Laws 1980, p. 3398), is hereby amended by
striking Section 3 of said Act in its entirety and substituting in lieu
thereof the following:
Section 3. The judge of the probate court may appoint a clerical
assistant to be compensated in an amount not to exceed $8,300.00 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.
Notice to the Public.
The public is notified that there will be introduced in the 1981
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners 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 20, 1981.
3168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Robert Emory Lane
Georgia House of
Representatives
District 81
John F. Godbee
Georgia House of
Representatives
District 82
Joseph E.Kennedy
Georgia State Senate
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee who, on oath, deposes
and says that he is Representative from the 82nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Statesboro Herald which is the official
organ of Bulloch County, on the following dates: January 22, 29,1981
and February 5,1981.
/s/ John F. Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 5th day of March, 1981.
Is/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved March 19,1981.
GEORGIA LAWS 1981 SESSION
3169
BULLOCH COUNTYCOMPENSATION OF TAX
COMMISSIONERS ASSISTANTS.
No. 89 (House Bill No. 1006).
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 18, 1980 (Ga.
Laws 1980, p. 3403), so as to change the compensation of the tax
commissioners 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 18, 1980 (Ga.
Laws 1980, p. 3403), is hereby amended by striking Section 8A of said
Act in its entirety and substituting in lieu thereof the following:
Section 8A. The tax commissioner is hereby authorized to
employ three assistants. The first such assistant shall receive a salary
not to exceed $9,000.00 per annum, the second such assistant shall
receive a salary not to exceed $8,300.00 per annum, and the third such
assistant shall receive a salary not to exceed $7,700.00 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.
The public is notified that there will be introduced in the 1981
Session of the General Assembly of Georgia a bill to provide for
3170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners 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 20, 1981.
Robert Emory Lane
Georgia House of
Representatives
District 81
John F. Godbee
Georgia House of
Representatives
District 82
Joseph E.Kennedy
Georgia State Senate
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee who, on oath, deposes
and says that he is Representative from the 82nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Statesboro Herald which is the official
organ of Bulloch County, on the following dates: January 22, 29,1981
and February 5,1981.
/s/ John F. Godbee
Representative,
82nd District
GEORGIA LAWS 1981 SESSION
3171
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved March 19,1981.
COMPENSATION OF SHERIFFS IN CERTAIN COUNTIES
(500,000 OR MORE) (550,000 OR MORE).
No. 97 (House Bill No. 266).
AN ACT
To amend an Act providing for the compensation of sheriffs of all
counties of this state having a population of 500,000 or more accord-
ing to the United States decennial census of 1970 or any future such
census, approved March 23, 1977 (Ga. Laws 1977, p. 3274), so as to
change the provisions relative to population; to change the compensa-
tion of such sheriffs; to provide the procedure in connection there-
with; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of sheriffs of
all counties of this state having a population of 500,000 or more
according to the United States decennial census of 1970 or any future
such census, approved March 23, 1977 (Ga. Laws 1977, p. 3274), is
hereby amended by striking Section 1 in its entirety and inserting in
lieu thereof a new Section 1 to read as follows:
3172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) The annual salary of the sheriffs of all counties of
this state having a population of 550,000 or more according to the
United States decennial census of 1970 or any future such census shall
annually be set by the board of commissioners of such county and
shall be not less than $37,500.00 per year. Said salary shall be payable
in equal monthly installments out of the treasuries of such counties.
(b) No provision of this Act shall modify any budget law in effect
for such counties for any year subsequent to 1981.
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 24,1981.
MERIWETHER COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 100 (House Bill No. 450).
AN ACT
To amend an Act providing for the compensation of the chairman
and members of the board of commissioners of Meriwether County,
approved February 25,1949 (Ga. Laws 1949, p. 1947), as amended, so
as to change the maximum compensation of the chairman and
members of the board of commissioners of Meriwether County; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of the
chairman and members of the board of commissioners of Meriwether
County, approved February 25, 1949 (Ga. Laws 1949, p. 1947), as
GEORGIA LAWS 1981 SESSION
3173
amended, is hereby amended by striking Section 1 in its entirety and
inserting in lieu thereof a new Section 1 to read as follows:
Section 1. The compensation of the chairman of the board of
commissioners of Meriwether County shall be fixed by the board of
commissioners at not more than $450.00 per month.
Section 2. Said Act is further amended by striking Section 2 in
its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. The compensation of the members, other than the
chairman, of the board of commissioners of Meriwether County shall
be fixed by the board of commissioners at not more than $250.00 per
month.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act providing for the compensation of the chairman and members of
the board of commissioners of Meriwether County, approved Febru-
ary 25, 1949 (Ga. Laws 1949, p. 1947), as amended; and for other
purposes.
This 15th day of December, 1980.
Claude A. Bray, Jr.
Representative,
70th District
Meriwether County
Commissioners
3174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 which is the
official organ of Meriwether County, on the following dates:
December 19,24,31,1980.
/s/ Claude A. Bray, Jr.
Representative,
70th District
Sworn to and subscribed before me,
this 28th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
HEARD COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT.
No. 102 (House Bill No. 598).
AN ACT
To amend an Act placing the judge of the probate court of Heard
County on an annual salary in lieu of the fee system of compensation,
GEORGIA LAWS 1981 SESSION
3175
approved March 29,1973 (Ga. Laws 1973, p. 2452), as amended by an
Act approved March 5, 1976 (Ga. Laws 1976, p. 2856) and an Act
approved March 13,1978 (Ga. Laws 1978, p. 3251), so as to change the
compensation of the judge of the probate court of Heard 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 judge of the probate court of
Heard County on an annual salary in lieu of the fee system of
compensation, approved March 29,1973 (Ga. Laws 1973, p. 2452), as
amended by an Act approved March 5,1976 (Ga. Laws 1976, p. 2856)
and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3251), is
hereby amended by striking from Section 2 the following:
$10,050,
and inserting in lieu thereof the following:
$12,850,
so that when so amended, Section 2 shall read as follows:
Section 2. The judge of the probate court shall receive an annual
salary of $12,850 and, in addition thereto, shall receive $50 per month
for holding and conducting elections and $100 per month for handling
traffic cases. The compensation of the judge of the probate court shall
be 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 regular
1981 session of the General Assembly of Georgia a bill to change the
3176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
compensation of the Judge of Probate Court of Heard County,
Georgia; to provide for other matters relative thereto; and for other
purposes.
/s/ Barbara Rivers,
Clerk of Commissioner,
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on January 21, 1981;
January 28, 1981; and February 4, 1981; being three publications of
said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cindy A. Hines
Notary Public, State of Georgia.
My Commission Expires 3/10/81.
(Seal).
Approved March 24, 1981.
GEORGIA LAWS 1981 SESSION
3177
HEARD COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 103 (House Bill No. 599).
AN ACT
To amend an Act consolidating the offices and duties of tax
receiver and tax collector of Heard County into the single office of tax
commissioner of Heard County, approved April 17, 1929 (Ga. Laws
1929, p. 638), as amended by an Act approved March 29, 1973 (Ga.
Laws 1973, p. 2459), an Act approved March 5,1976 (Ga. Laws 1976,
p. 2852), and an Act approved March 13, 1978 (Ga. Laws 1978, p.
3239), so as to change the compensation of the tax commissioner; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices and duties of tax
receiver and tax collector of Heard County into the single office of tax
commissioner of Heard County, approved April 17, 1929 (Ga. Laws
1929, p. 638), as amended by an Act approved March 29, 1973 (Ga.
Laws 1973, p. 2459), an Act approved March 5,1976 (Ga. Laws 1976,
p. 2852), and an Act approved March 13, 1978 (Ga. Laws 1978, p.
3239), is hereby amended by striking from subsection (a) of Section
10 of said Act the following:
$11,800,
and inserting in lieu thereof the following:
$14,200,
so that when so amended, subsection (a) of Section 10 of said Act shall
read as follows:
(a) The tax commissioner shall receive an annual salary of
$14,200, payable in equal monthly installments from the funds of
Heard County. Except as otherwise provided in subsection (c), any
clerical personnel which may be necessary for the tax commissioner to
perform the duties of his office shall be paid by the tax commissioner
out of his annual salary.
3178 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.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to change the
compensation of the Tax Commissioner of Heard County, Georgia; to
provide for other matters relative thereto; and for other purposes.
/s/ Barbara Rivers,
Clerk of Commissioner,
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on January 21, 1981;
January 28, 1981; and February 4, 1981; being three publications of
said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
GEORGIA LAWS 1981 SESSION
3179
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cindy A. Hines
Notary Public, State of Georgia.
My Commission Expires 3/10/81.
(Seal).
Approved March 24, 1981.
HEARD COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT.
No. 104 (House Bill No. 600).
AN ACT
To amend an Act placing the Clerk of the Superior Court of Heard
County on an annual salary in lieu of the fee system of compensation,
approved March 29,1973 (Ga. Laws 1973, p. 2449), as amended by an
Act approved March 5, 1976 (Ga. Laws 1976, p. 2858), and an Act
approved March 13,1978 (Ga. Laws 1978, p. 3255), 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 of
Heard County on an annual salary in lieu of the fee system of
compensation, approved March 29,1973 (Ga. Laws 1973, p. 2449), as
amended by an Act approved March 5,1976 (Ga. Laws 1976, p. 2858),
and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3255), is
hereby amended by striking from Section 2 the following:
$12,000.00,
3180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
$14,400.00,
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 $14,400.00, 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 regular
1981 session of the General Assembly of Georgia a bill to change the
compensation of the Clerk of Superior Court of Heard County,
Georgia; to provide for other matters relative thereto; and for other
purposes.
/s/ Barbara Rivers,
Clerk of Commissioner,
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on January 21, 1981;
GEORGIA LAWS 1981 SESSION
3181
January 28, 1981; and February 4, 1981; being three publications of
said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cindy A. Hines
Notary Public, State of Georgia.
My Commission Expires 3/10/81.
(Seal).
Approved March 24, 1981.
HEARD COUNTYCOMPENSATION OF SHERIFF.
No. 105 (House Bill No. 601).
AN ACT
To amend an Act placing the Sheriff of Heard County on an
annual salary in lieu of the fee system of compensation, approved
February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, particularly
by an Act approved March 29,1973 (Ga. Laws 1973, p. 2457), an Act
approved March 5, 1976 (Ga. Laws 1976, p. 2854), and an Act
approved March 13,1978 (Ga. Laws 1978, p. 3242), so as to change the
compensation of the sheriff; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff of Heard County on an
annual salary in lieu of the fee system of compensation, approved
3182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, particularly
by an Act approved March 29,1973 (Ga. Laws 1973, p. 2457), an Act
approved March 5, 1976 (Ga. Laws 1976, p. 2854), and an Act
approved March 13,1978 (Ga. Laws 1978, p. 3242), is hereby amended
by striking from Section 1 the following:
$14,500.00,
and inserting in lieu thereof the following:
$17,100.00,
so that when so amended, Section 1 shall read as follows:
Section 1. The present method of compensation for the Sheriff of
Heard County, Georgia, is hereby changed from the fee system to the
salary system, and the Sheriff of Heard County shall hereafter be paid
on a salary basis. The sheriff shall be compensated in the amount of
$17,100.00 per annum, to be paid in equal monthly installments at the
end of each calendar month from the funds of Heard County. Such
compensation shall be in lieu of all fees, costs, fines, forfeitures,
commissions, insolvent costs, allowances, penalties, funds, monies
and all other emoluments and perquisites of whatever kind which
shall be allowed the Sheriff of Heard County after the effective date
of this Act, and said salary shall also include all fees, costs, fines,
forfeitures, commissions, insolvent costs, allowances, penalties,
funds, monies and all other emoluments or perquisites of whatever
kind which shall be allowed said sheriff in his official capacity or as an
official or agent for any court, department or official of Heard County
or for any department or official 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.
GEORGIA LAWS 1981 SESSION
3183
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to change the
compensation of the Sheriff of Heard County, Georgia; to provide for
other matters relative thereto; and for other purposes.
/s/ Barbara Rivers,
Clerk of Commissioner,
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on January 21, 1981;
January 28, 1981; and February 4, 1981; being three publications of
said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cindy A. Hines
Notary Public, State of Georgia.
My Commission Expires 3/10/81.
(Seal).
Approved March 24, 1981.
3184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HEARD COUNTYCOMPENSATION OF COUNTY
COMMISSIONER.
No. 106 (House Bill No. 602).
AN ACT
To amend an Act to create the office of Commissioner of Heard
County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), as
amended by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3244), 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 to create the office of Commissioner of Heard
County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), as
amended by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3244), is hereby amended by striking from Section 8 thereof the
following:
$14,500.00,
and inserting in lieu thereof the following:
$17,400.00,
so that when so amended Section 8 shall read as follows:
Section 8. The commissioner shall devote his full time to the
office of Commissioner of Heard County, Georgia, and shall faith-
fully, honestly and diligently apply himself to conducting the busi-
ness and financial affairs of Heard County for which he shall be
compensated in the amount of $17,400.00 per year, such sum to be
paid in equal monthly installments from the funds of Heard County.
A vehicle belonging to the county shall be furnished to the commis-
sioner, such vehicle to be used for county governmental purposes
only, and the cost of gas, oil, repairs and maintenance shall be paid
from the funds of Heard 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.
GEORGIA LAWS 1981 SESSION
3185
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
1981 session of the General Assembly of Georgia a bill to change the
compensation of the Commissioner of Heard County, Georgia; to
provide for other matters relative thereto; and for other purposes.
/s/ Barbara Rivers,
Clerk of Commissioner,
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on January 21, 1981;
January 28, 1981; and February 4, 1981; being three publications of
said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cindy A. Hines
Notary Public, State of Georgia.
My Commission Expires 3/10/81.
(Seal).
Approved March 24, 1981.
3186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STEPHENS COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 108 (House Bill No. 687).
AN ACT
To amend an Act creating a Small Claims Court in and for
Stephens County, approved February 29, 1980 (Ga. Laws 1980, p.
3063), so as to remove the minimum jurisdictional amount; to
increase certain fees; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court in and for
Stephens County, approved February 29, 1980 (Ga. Laws 1980, p.
3063), is hereby amended by striking from subsection (a) of Section 1
of said Act the following:
is greater than $200.00 but less than $3,500.00,
and substituting in lieu thereof the following:
does not exceed $3,500.00,
so that when so amended subsection (a) of Section 1 of said Act shall
read as follows:
(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 does not exceed $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,
GEORGIA LAWS 1981 SESSION
3187
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.
Section 2. Said Act is further amended by striking from subsec-
tion (a) of Section 15 of said Act the following:
$7.50,
and substituting in lieu thereof the following:
$8.50,
and by striking from subsection (b) of Section 15 of said Act, where it
first appears, the following:
$5.00,
and substituting in lieu thereof the following:
$6.00,
so that when so amended Section 15 of said Act shall read as follows:
Section 15. (a) The Judge or Clerk of the Small Claims Court
shall be entitled to charge and collect the following fees:
Filing and docketing statement of claim..............$ 12.50
Filing and docketing attachment......................$ 12.50
Filing and docketing garnishment.....................$ 12.50
Filing and docketing trover action...................$ 12.50
Filing claim affidavit and bond......................$ 12.50
Service of notice of hearing or
summons...........................................$ 8.50
Issuing fieri facias.................................$ 2.00
Issuing subpoena or summons to witness...............$ .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.............................................$ 6.00
(to be paid from the fee paid
3188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for service) Summoning each witness..............$ 1.00
Levying fieri facias...............................$ 7.50
Returning nulla bona...............................$ 2.00
Settling fieri facias without sale.................$ 3.00
Commissions on sales of property -
ten (10%) percent of the first $250.00 and five (5%) percent
on
all sums over that amount, with the minimum of $ 5.00
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
1981 Session of the General Assembly of Georgia a Bill to amend an
Act creating the Small Claims Court of Stephens County (Georgia
Laws 1980, Pages 3063 et seq.) to remove the minimum jurisdictional
amount, to increase the fee for service of Notice of Hearing or
Summons, and to increase the amount the bailiffs receive for serving
Notice of Hearing or Summons.
This 6th day of January, 1981.
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: January 8, January 15, and
January 22,1981.
GEORGIA LAWS 1981 SESSION
3189
/s/ Jack Irvin
Representative,
10th District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
MERIWETHER COUNTYCOMPENSATION OF CORONER,
CLERK OF SUPERIOR COURT, ETC.
No. 109 (House Bill No. 715).
AN ACT
To amend an Act placing the sheriff, the clerk of the superior
court, the judge of the probate court, and the coroner of Meriwether
County on a salary basis in lieu of the fee system of compensation,
approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended,
particularly by an Act approved February 23,1979 (Ga. Laws 1979, p.
3041), so as to change the compensation of the clerk of the superior
court and the clerical help of the clerk of the superior court; to change
the compensation of the coroner; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff, the clerk of the superior
court, the judge of the probate court, and the coroner of Meriwether
3190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County on a salary basis in lieu of the fee system of compensation,
approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended,
particularly by an Act approved February 23,1979 (Ga. Laws 1979, p.
3041), 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 clerk of the Superior Court of Meriwether County
shall be compensated in the amount of $15,700.00 per annum, to be
paid in equal monthly installments from the funds of Meriwether
County. The clerk is hereby authorized to appoint a deputy clerk
whose compensation shall be determined by the board of commis-
sioners of Meriwether County, payable in equal monthly installments
from the funds of Meriwether County, but not to exceed $950.00 and
not to be less than $700.00 per month. The clerk is hereby authorized
to appoint a second deputy clerk whose compensation shall be
determined by the board of commissioners of Meriwether County,
payable in equal monthly installments from the funds of Meriwether
County, but not to exceed $850.00 and not to be less than $625.00 per
month. The clerk may employ such other clerks or secretarial help as
he deems necessary, said employment and compensation of each to be
as approved and determined by the board of commissioners of
Meriwether County, to be paid from the funds of Meriwether
County.
Section 2. Said Act is further amended by striking Section 5 in
its entirety and inserting in lieu thereof a new Section 5 to read as
follows:
Section 5. The coroner of Meriwether County shall be compen-
sated in the amount of $100.00 per month plus $35.00 for each
investigation and $50.00 for summoning an inquest on a dead body
and returning an inquisition, but the coroner shall not receive out of
the county treasury more than $300.00 per month for his services.
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
1981 session of the General Assembly of Georgia, a bill to amend an
GEORGIA LAWS 1981 SESSION
3191
Act placing the sheriff, the clerk of the superior court, the judge of the
probate court, and the coroner of Meriwether County on a salary basis
in lieu of the fee system of compensation, approved April 5,1961 (Ga.
Laws 1961, p. 3456), as amended; and for other purposes.
This 15th day of December, 1980.
Claude A. Bray, Jr.
Representative,
70th District
Meriwether County
Commissioners
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 which is the
official organ of Meriwether County, on the following dates:
December 19,24,31,1980.
/s/ Claude A. Bray, Jr.
Representative,
70th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
3192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBUS, GEORGIACHARTER AMENDED.
No. 110 (House Bill No. 750).
AN ACT
To amend an Act providing a Charter for the countywide govern-
ment of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971,
Extra. Sess. September-October 1971, p. 2007), as amended, and as
amended particularly by Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158;
to declare the intent of the General Assembly; to provide for the
Columbus Industrial and Port Development Commission; to amend
the membership of the Columbus Industrial and Port Development
Commission; to provide for the taxation of property financed with the
proceeds of revenue bonds issued by the Columbus Industrial and
Port Development Commission; to ratify, confirm, approve and vali-
date actions of the Columbus Industrial and Port Development
Commission; to repeal conflicting laws; to provide for an effective
date; 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, and as amended
particularly by Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158, is hereby
amended as follows:
Section 1. That it is the intent of the General Assembly of
Georgia by enacting this Act to reinsert Section 4-623 of the Charter
of Columbus, Georgia as if said Section had never been deleted from
said Charter pursuant to Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158,
to revise the composition of the membership of the Columbus Indus-
trial and Port Development Commission, to ratify certain acts of the
Columbus Industrial and Port Development Commission and to
provide for the taxation of certain property financed with the pro-
GEORGIA LAWS 1981 SESSION
3193
ceeds of revenue bonds issued by the Columbus Industrial and Port
Development Commission.
Section 2. That all references to Section 4-623 of the Charter of
Columbus, Georgia contained in Ga. L. 1980, p. 3918 and Ga. L. 1980,
p. 4158 are hereby deleted.
Section 3. That Section 4-623 of the Charter of Columbus,
Georgia is hereby reinserted in said Charter and shall read as follows:
(1) There is hereby created for Columbus, Georgia, an agency
to be known as the Columbus Industrial and Port Development
Commission. Said Commission shall be a separate public entity and
a public corporation.
(2) The Commission shall consist of seven members who shall be
appointed by the Council of Columbus, Georgia, and they shall serve
for a term of five years and may be reappointed. Vacancies shall be
filled for the unexpired term by the said Council. A majority of the
members shall constitute a quorum, and a majority may act for the
Commission in any matter. No vacancy shall impair the power of the
Commission to act.
(3) On the effective date of this Charter, the Muscogee County
Industrial Development Authority, created by an amendment to
Article VII, Section V, Paragraph I of the Constitution of Georgia of
1945, as amended, and as ratified at the general election held on
November 5, 1968 (Ga. L. 1967, p. 947), shall stand abolished.
Thereupon, the Columbus Industrial and Port Development Author-
ity created by this Section shall succeed, replace, and have the powers
and duties in every respect and shall perform every function as were
formerly possessed and performed by the Muscogee County Indus-
trial Development Authority and all rights, privileges, obligations and
powers heretofore vested therein by said constitutional amendment
(Ga. L. 1967, p. 947) are hereby transferred to and vested in the
Columbus Industrial and Port Development Commission and to such
extent said constitutional amendment is continued in unimpaired
force and effect.
(4) On the effective date of this Charter, the Muscogee County
Port Development Commission, created pursuant to an amendment
to Article VII, Section VII, Paragraph V of the Constitution of the
State of Georgia of 1945, as amended, and as ratified at the general
3194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election held on November 8, 1966 (Ga. L. 1965, p. 702), shall stand
abolished. Thereupon the Columbus Industrial and Port Develop-
ment Commission created by this Section shall succeed, replace, and
have the powers and duties in every respect and shall perform every
function as were formerly possessed and performed by the Muscogee
County Port Development Commission, and all rights, privileges,
obligations and powers heretofore vested therein by said constitu-
tional amendment (Ga. L. 1965, p. 702) are hereby transferred to and
vested in the Columbus Industrial and Port Development Commis-
sion and to such extent said constitutional amendment is continued
in unimpaired force and effect.
(5) Property, real or personal, acquired, constructed, equipped or
installed from the proceeds of any revenue bonds issued by the
Commission shall not be exempt from ad valorem property taxation
without the approval of the Council, and in the event such property
shall be owned by the Commission, the person, firm or corporation
leasing such property from the Commission shall make payments to
Columbus, Georgia, in lieu of ad valorem property taxes which would
have been owed had the property been owned by such person, firm or
corporation, unless such payment shall be waived by the Council. The
revenue bonds of the Commission, their transfer and the income
therefore shall at all times be exempt from taxation within the State
of Georgia.
Section 4. All actions of the Columbus Industrial and Port
Development Commission, including, but not limited to, resolutions
indicating an intention to issue bonds, taken since the effective dates
of Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158, are hereby ratified,
confirmed, validated and approved.
Section 5. In the event any section, subsection, sentence, clause
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
3195
Section 6. That this Act shall be effective as of January 1,1981.
Section 7. That all laws and parts of laws in conflict herewith are
hereby repealed.
Section 8. That there is hereby attached and made a part hereof,
a copy of the Notice of Intention to Apply for enactment hereof, with
the Certificates of the President and Publisher of the newspaper in
which sheriffs advertisements for the locality affected hereby are
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, 1981, for
the passage of an Act Amending the Charter of Columbus, Ga., so as
to create a Columbus Industrial and Port Development Commission.
Lennie F. Davis
City Attorney
Columbus, Ga.
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 Publisher of The Columbus Ledger,
the newspaper published in Columbus, Muscogee County, Georgia, in
which the sheriffs 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, to-wit: January
9,1981, January 16,1981 and January 23,1981.
/s/ Glenn Vaughn, Jr.
3196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this the 27th day of January, 1981.
/s/ Hazel R. Jones
Notary Public,
Muscogee County, Georgia.
(Seal).
Approved March 24,1981.
LEASE OF RECREATIONAL PROPERTY BY CERTAIN
MUNICIPAL CORPORATIONS (300,000 OR MORE).
No. Ill (House Bill No. 821).
AN ACT
To amend an Act approved April 11, 1967 (Ga. Laws 1967, p.
3022), as amended, which authorized certain municipal corporations
to lease out property used for recreational purposes, and for other
purposes, so as to provide for the lease of certain property formerly
used for regional fairs for terms of not more than 50 years; 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 approved April 11, 1967 (Ga. Laws 1967, p.
3022), as amended, which authorized municipal corporations with a
population of more than 300,000 according to the 1960 or any future
United States decennial census to lease recreational property for a
term of four years, and for other purposes, is hereby amended by
adding at the end of Section 3 the following:
Any such recreational property which was formerly used for
annual regional fair purposes but is no longer so used may be leased
by any such municipal corporation to one or more private entities for
GEORGIA LAWS 1981 SESSION
3197
terms of not more than 50 years each for development and use as
motion picture and television production, processing and related
facilities together with all such support and service facilities as are
necessary or convenient to such use.
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 24,1981.
MAGISTRATES COURT OF CLARKE COUNTY-
JUDGES SALARY.
No. 112 (House Bill No. 838).
AN ACT
To amend an Act providing for the combination of the present
functions of the Magistrates Court of Clarke County, Georgia, and
the Recorders Court of the City of Athens, Georgia, into one court,
approved March 30,1977 (Ga. Laws 1977, p. 4450), as amended by an
Act approved March 13,1978 (Ga. Laws 1978, p. 3375), so as to change
the provisions regarding the salary of the judge of that court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the combination of the present
functions of the Magistrates Court of Clarke County, Georgia, and
the Recorders Court of the City of Athens, Georgia, into one court,
approved March 30,1977 (Ga. Laws 1977, p. 4450), as amended by an
Act approved March 13, 1978 (Ga. Laws 1978, p. 3375), is hereby
further amended by striking from Section 11 of that Act the following:
3198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
twenty-five thousand dollars ($25,000.00),
and inserting in lieu thereof the following:
$32,500.00,
so that when so amended Section 11 of that Act shall read as follows:
Section 11. The judge of this court shall receive a salary in the
amount of not less than $32,500.00 per annum which shall be paid
monthly and which shall not be decreased during his term of office
except to apply to a subsequent term and which shall be paid monthly
out of the treasury of the County of Clarke. This salary may be
increased at any time upon the agreement of the Board of Commis-
sioners of Clarke County, Georgia, and the Mayor and Council of the
City of Athens, Georgia. The Mayor and Council of the City of
Athens shall pay to the Board of Commissioners of Clarke County
each year twenty-nine percent (29 %) of the judges salary.
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 local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to amend an Act
combining the Magistrates Court of Clarke County Georgia and the
Recorders Court of the City of Athens, Georgia, (Ga. Law 1977, p.
4450), as amended, and for other purposes.
This 24th day of December, 1980.
Board of Commissioners
of Clarke County, Georgia
GEORGIA LAWS 1981 SESSION
3199
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Argo who, on oath, deposes and
says that he/she is Representative from the 63rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Athens Observer which is the official organ of
Clarke County, on the following dates: January 8,15,22,1981.
/s/ Bob Argo
Representative,
63rd District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
TOWN OF PINE MOUNTAINTOWN CLERK.
No. 113 (House Bill No. 875).
AN ACT
To amend an Act entitled An Act to incorporate the Town of
Chipley, in the County of Harris, and for other purposes, approved
December 9, 1882 (Ga. Laws 1882-83, p. 265), as amended, particu-
larly by an Act to change the name of the Town of Chipley to the
3200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Town of Pine Mountain, approved February 14,1958 (Ga. Laws 1958,
p. 2101), so as to provide for the office of town clerk; to abolish the
office of recorder; to provide for the transfer of all powers, duties, and
functions of the office of recorder to the office of town 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 entitled An Act to incorporate the Town of
Chipley, in the County of Harris, and for other purposes, approved
December 9, 1882 (Ga. Laws 1882-83, p. 265), as amended, particu-
larly by an Act to change the name of the Town of Chipley to the
Town of Pine Mountain, approved February 14,1958 (Ga. Laws 1958,
p. 2101), is hereby amended by inserting in Section IX of said Act
after the word and symbol marshal, the following:
town clerk,,
so that when so amended, Section IX of said Act shall read as follows:
Sec. IX. Be it further enacted by the authority aforesaid, That
said mayor and council and recorder shall have authority to appoint a
treasurer, marshal, town clerk, and such other officers as they may
deem necessary and proper; and to regulate the time and mode by
which they will elect said officers, fix their fees and salaries, to take
their bonds, to prescribe their duties and oaths, and remove them
from office for sufficient cause at their discretion.
Section 2. Said Act is further amended by adding at the end
thereof a new section following Section XVIII, to be designated
Section XIX, to read as follows:
Sec. XIX. On April 1, 1981, the office of recorder shall stand
abolished and all powers, duties, and functions of the office of
recorder shall be transferred to the office of town clerk.
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.
GEORGIA LAWS 1981 SESSION
3201
Notice.
Notice is hereby given that local legislation amending the Charter
of the Town of Pine Mountain will be introduced in the 1981 Session
of the General Assembly of Georgia to abolish the office of Recorder
and establish and transfer its functions to the office of City Clerk, and
for other purposes, effective April 1,1981.
Town of Pine Mountain
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. Randolph Phillips who, on oath,
deposes and says that he/she is Representative from the 91st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Harris County Journal which is the
official organ of Harris County, on the following dates: February 5,12,
19,1981.
/s/ W. Randolph Phillips
Representative,
91st District
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
3202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GILMER COUNTYSMALL CLAIMS COURT CREATED.
No. 114 (House Bill No. 1013).
AN ACT
To create and establish a Small Claims Court of Gilmer 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.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small
Claims Court of Gilmer County. Said court shall have civil jurisdic-
tion 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. (a) In order to serve as judge of the small claims court
created by this Act, a person must be a resident of Gilmer 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.
GEORGIA LAWS 1981 SESSION
3203
(b) The judge of said court shall meet the certification training
requirements of justices of the peace in Georgia as now provided in
The Georgia Justice Courts Training Council Act, approved March
14,1978 (Ga. Laws 1978, p. 894), as now or hereafter amended.
(c) 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
disqualified or unable, from absence, sickness, or other cause, to
discharge any duty whatever appertaining to his office, any judge of
the Superior Court of Gilmer 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, 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, with the consent of the chief judge of the superior court, the
clerk of the superior court to assume the duties of small claims court
clerk.
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-
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
3204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 proceed-
ing and ruling had in each case shall be indicated.
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.
(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 deter-
mined 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 illegal-
GEORGIA LAWS 1981 SESSION
3205
ity. All attachment proceedings shall be tried by the judge and
without a jury.
(c) In all matters performed by the judge under the powers
granted to justices of the peace in Georgia and not specifically
provided for herein, the costs shall be the same as now or hereafter
provided by the laws of Georgia for justices of the peace.
Section 9. (a) The trial shall be conducted on the day set for a
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 adminis-
ter 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.
(d) Upon the filing of a demand for jury trial by either party to a
proceeding, the judge shall assess costs accrued to date and order the
case transferred to the Superior Court of Gilmer County or to the
State Court of Gilmer County.
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 may inquire
3206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 circum-
stances 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, not
to exceed 10 percent of each payment.
Section 13. The chief judge of the Superior Court of Gilmer
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 accom-
plish 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
GEORGIA LAWS 1981 SESSION
3207
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.
All costs shall be paid prior to the filing of said 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 Gilmer County
Ellijay, Georgia 30540
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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 Gilmer
3208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
_______________, being first duly sworn on oath, says the foregoing is a
just and true statement of the amount owing by defendant to plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn to and subscribed before me
this _____ day of _______________, 19
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 $______________, 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.
GEORGIA LAWS 1981 SESSION
3209
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 Gilmer County
(Seal).
Section 18. On or before the effective date of this Act, the chief
judge of the Superior Court of Gilmer County shall appoint a duly
qualified person to serve as the judge of said court for a term of office
of two years and until his successor is duly appointed by the chief
judge of the Superior Court of Gilmer County and qualified. All
vacancies in the office of judge shall be filled by appointment of a
successor by the chief judge of the superior court, and such successor
shall serve for the remainder of the unexpired term.
Section 19. All office space, courtroom facilities, utilities, filing
cabinets, typewriters, and equipment required by this Act, or neces-
sary for the efficient operation of said court, shall be furnished by the
governing authority of the county. All forms, books, file jackets,
materials, and supplies shall be furnished by the judge of said court.
The governing authority of the county shall also provide suitable
room in the courthouse for the holding of this 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
3210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 $15.00 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.
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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
3211
Notice.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly a bill to create a small claims
court for Gilmer County; to provide for any matters relative thereto;
and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell 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 Legisla-
tion was published in the Times-Courier which is the official organ of
Gilmer County, on the following dates: January 29, February 5, 12,
1981.
/s/ Carlton Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
3212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
QUITMAN COUNTYSMALL CLAIMS COURT CREATED.
No. 115 (Senate Bill No. 26).
AN ACT
To create and establish a Small Claims Court in and for Quitman
County; to prescribe the jurisdiction of said court; to prescribe the
pleading and practice in said court; to provide for the 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.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small
Claims Court in and for Quitman 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. (a) The judge of the Probate Court of Quitman
County shall serve ex officio as the judge of the Small Claims Court of
Quitman County.
(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.
GEORGIA LAWS 1981 SESSION
3213
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 Quitman County, on application of said judge of the Small
Claims Court who is unable to act, if such application is meritorious,
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. Provided, however, that after judgment is rendered in any case
by a superior court judge, any further action with reference to
collection shall be referred back to the Small Claims Court to be
handled as provided herein.
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, except in those
cases heard by the superior court judge such fees should go into the
county treasury.
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
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 registered or
certified mail with return receipt requested, 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. When notice is
to be served by registered or certified mail, the clerk or the judge shall
3214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 regis-
tered 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 defend-
ant.
(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 $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.
(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.
Section 7. A docket shall be maintained in which every proceed-
ing and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
the sum of $20.00 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
GEORGIA LAWS 1981 SESSION
3215
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 $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.
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.
3216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 circum-
stances 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 Quitman 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 follow-
ing 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 sum-
mons, 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, regard-
GEORGIA LAWS 1981 SESSION
3217
less 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 Quitman County
______________________________ Georgia
Plaintiff
Address
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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_____________________
3218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
_______________________________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.
Plaintiff (or Agent)
Sworn and subscribed before me this______day of_________________,
19_______.
_________________________________________ 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).
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.
GEORGIA LAWS 1981 SESSION
3219
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 Quitman 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 Board of County Commissioners.
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 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 $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.
3220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 22. 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 $10.00.
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, subsec-
tion, 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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to create and
establish a Small Claims Court in and for Quitman County; and for
other purposes.
This 15th day of December, 1980.
Robert A. Ellis,
Probate Judge
Georgetown, Georgia
GEORGIA LAWS 1981 SESSION
3221
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Hodge Timmons who, on
oath, deposes and says that he/she is Senator from the 11th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Cuthbert Times and News Record
which is the official organ of Quitman County, on the following dates:
December 15,22,29,1980.
/s/ Jimmy Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
FULTON COUNTYCIVIL SERVICE BOARD ACT
AMENDED.
No. 116 (Senate Bill No. 210).
AN ACT
To amend an Act creating a Civil Service Board in Fulton County,
approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended,
3222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
particularly by an Act approved March 6, 1945 (Ga. Laws 1945, p.
850), so as to provide for the position of law clerk for the Superior,
State or Juvenile Court of Fulton 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 Civil Service Board in Fulton
County, approved March 15, 1943 (Ga. Laws 1943, p. 971), as
amended, particularly by an Act approved March 6, 1945 (Ga. Laws
1945, p. 850), is hereby amended by striking paragraph (n) of subsec-
tion (1) of Section 5 in its entirety and substituting in lieu thereof a
new paragraph (n) to read as follows:
(n) The personal secretary or special bailiff or law clerk, not to
exceed two employees in all, of any Judge of the Superior, State, or
Juvenile Court of Fulton County; and the official court reporters
thereof.
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
1981 session of the General Assembly of Georgia a bill to amend an act
establishing a Civil Service Board of Fulton County, approved March
15,1943, (Ga. L. 1943, p. 971); and for other purposes.
This 10th day of December, 1980.
John Tye Ferguson
Associate County
Attorney
GEORGIA LAWS 1981 SESSION
3223
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul Coverdell who, on oath, deposes
and says that he/she is Senator 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: Dec. 19, 26,1980 and
Jan. 2,1981.
/s/ Paul D. Coverdell
Senator,
40th District
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
SMALL CLAIMS COURTS ABOLISHED IN CERTAIN
COUNTIES (6,825 - 6,925).
No. 117 (Senate Bill No. 218).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in each county in this state having a population of not less than 6,825
3224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and not more than 6,925, according to the U. S. Decennial Census of
1960, or any future such census: providing for the appointment,
duties, powers, compensation, qualifications, substitution and tenure
of office of the judge of Small Claims Court; prescribing the jurisdic-
tion, the pleading, practice and service of process therein; providing
for a clerk and prescribing his remuneration; providing for a bailiff
and prescribing his duties and his compensation; validating acts and
proceedings therein; to provide an effective date; to provide for a
referendum; to repeal conflicting laws; and for other purposes.,
approved March 10,1966 (Ga. Laws 1966, p. 3372), as amended by an
Act approved April 5, 1971 (Ga. Laws 1971, p. 3179), and an Act
approved February 18, 1977 (Ga. Laws 1977, p. 2649); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in each county in this state having a population of not less than
6,825 and not more than 6,925, according to the U. S. Decennial
Census of 1960, or any future such census: providing for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of Small Claims Court; prescribing the
jurisdiction, the pleading, practice and service of process therein;
providing for a clerk and prescribing his remuneration; providing for
a bailiff and prescribing his duties and his compensation; validating
acts and proceedings therein; to provide an effective date; to provide
for a referendum; to repeal conflicting laws; and for other purposes.,
approved March 10,1966 (Ga. Laws 1966, p. 3372), as amended by an
Act approved April 5, 1971 (Ga. Laws 1971, p. 3179), and an Act
approved February 18, 1977 (Ga. Laws 1977, p. 2649), is hereby
repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Miller
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
GEORGIA LAWS 1981 SESSION
3225
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved March 24,1981.
JONES COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 118 (Senate Bill No. 232).
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 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:
fifty dollars ($50.00),
and inserting in lieu thereof the following:
one hundred twenty-five dollars ($125.00),
so that when so amended Section 8 shall read as follows:
Section 8. The chairman of said board shall receive as compensa-
tion 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 mem-
bers, when traveling outside of the county on county business, shall
3226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 one hundred
twenty-five dollars ($125.00), payable out of the funds of Jones
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating a new board of commissioners of Jones County, approved
March 5, 1971 (Ga. Laws 1974, p. 2162), as amended; and for other
purposes.
This 2nd day of January, 1981.
Culver Kidd
Senator,
25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Culver Kidd who, on oath, deposes
and says that he is Senator from the 25th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Jones County News which is the official organ of
Jones County, on the following dates: January 1,8,15,1981.
GEORGIA LAWS 1981 SESSION
3227
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 23rd day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 24,1981.
SALARIES, ETC. OF OFFICERS IN CERTAIN
COUNTIES (15,300 - 15,800).
No. 129 (House Bill No. 959).
AN ACT
To amend an Act fixing the salary of certain county officers in
each county in this state having a population of not less than 15,300
and not more than 15,800 according to the United States decennial
census of 1970 or any future such census, approved March 30, 1977
(Ga. Laws 1977, p. 4268), as amended, so as to change the provisions
relating to personnel in the office of the sheriff and the judge of the
probate court; to provide compensation for the personnel of such
offices; to provide for a monthly expense allowance for the sheriff, the
clerk of the superior court, and the judge of the probate court; to
change the expense allowance of the county commissioner; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act fixing the salary of certain county officers in
each county in this state having a population of not less than 15,300
and not more than 15,800 according to the United States decennial
census of 1970 or any future such census, approved March 30, 1977
(Ga. Laws 1977, p. 4268), 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. Notwithstanding any other provisions of law to the
contrary, in each county of this state having a population of not less
than 15,300 and not more than 15,800 according to the United States
decennial census of 1970 or any future such census, the clerk of the
superior court and the tax commissioner are each authorized to
employ, with the approval of the county governing authority, all
personnel necessary for the operation of their respective offices and
for the performance of their respective duties. In such counties, each
county officer listed in this section, with the approval of the county
governing authority, shall set a base salary for each classification of
employee hired by such county officer. Once a base salary has been
fixed, it shall not be changed until notice of such change has been
posted in an appropriate place in the courthouse for a period of three
weeks immediately prior to the effective date of such change. Each
employee of such county officer shall receive the base salary estab-
lished for the employees job classification plus the longevity pay
authorized by Section 4.
Section 2. Said Act is further amended by adding between
Sections 2 and 3 new Sections 2A and 2B to read as follows:
Section 2A. (a) Notwithstanding any other provisions of law to
the contrary, in each county in this state having a population of not
less than 15,300 and not more than 15,800 according to the United
States decennial census of 1970 or any future such census, the sheriff
is authorized to employ the following personnel at the following
salaries:
(1) One chief deputy at a base salary of $1,200.00 per month
plus any longevity increases received by the person serving as
chief deputy pursuant to Section 4 prior to the effective date of
this section;
(2) One investigator at a base salary of $1,050.00 per month
plus any longevity increases received by the person serving as the
GEORGIA LAWS 1981 SESSION
3229
investigator pursuant to Section 4 prior to the effective date of
this section;
(3) Not less than five deputy sheriffs, each at a base salary
of $975.00 per month plus any longevity increases received by the
person serving as a deputy pursuant to Section 4 prior to the
effective date of this section; and
(4) Not less than four radio operators, each at a base salary
to be fixed by the governing authority of the county upon the
recommendation of the sheriff plus any longevity increases
received pursuant to Section 4 prior to the effective date of this
section. If the sheriff and the governing authority of the county
cannot agree as to the base salary of such radio operators, the
salary shall remain the same as the then current base salary.
(b) The base salaries provided for in this section may be
increased by the governing authority of the county upon posting
notice of such change in an appropriate place in the courthouse for a
period of three weeks immediately prior to the effective date of such
change.
(c) It shall be within the sole power and authority of the sheriff,
during his term of office, to designate and name the persons who shall
serve as personnel in his office, to prescribe their duties and assign-
ments, and to remove or replace such personnel at will and within his
sole discretion.
Section 2B. (a) Notwithstanding any other provisions of law to
the contrary, in each county in this state having a population of not
less than 15,300 and not more than 15,800 according to the United
States decennial census of 1970 or any future such census, the judge of
the probate court is authorized to employ two clerks in his office.
Such clerks shall receive a base salary to be fixed by the governing
authority of the county upon the recommendation of the probate
judge plus any longevity increases received by a person serving as
clerk pursuant to Section 4 prior to the effective date of this section. If
the probate judge and the governing authority of the county cannot
agree as to the base salary of such clerks, the salary shall remain the
same as the then current base salary.
(b) The base salaries provided for in this section may be
increased by the governing authority of the county upon posting
3230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
notice of such change in an appropriate place in the courthouse for a
period of three weeks immediately prior to the effective date of such
change.
(c) It shall be within the sole power and authority of the probate
judge, during his term of office, to designate and name the persons
who shall serve as clerks in his office, to prescribe their duties and
assignments, and to remove or replace such personnel at will and
within his sole discretion.
Section 3. Said Act is further amended by designating the first
sentence of Section 4 as subsection (a) and adding a new subsection
(b) to read as follows:
(b) In addition to the base salary provided for an employee of a
county officer listed in Section 2A or Section 2B, each employee shall
receive longevity pay set by such county officer in an amount of not
less than 2 1/2 percent of the base salary for each year of service
completed after the effective date of this section as an employee of
such officer.,
so that when so amended Section 4 shall read as follows:
Section 4. (a) In addition to the base salary provided for an
employee of a county officer listed in Section 2, each employee shall
receive longevity pay set by such county officer in an amount of not
less than 2 1/2 percent of the base salary for each year of service
completed after the effective date of this Act as an employee of such
officer.
(b) In addition to the base salary provided for an employee of a
county officer listed in Section 2A or Section 2B, each employee shall
receive longevity pay set by such county officer in an amount of not
less than 2 1/2 percent of the base salary for each year of service
completed after the effective date of this section as an employee of
such officer.
Section 4. Said Act is further amended by adding between
Sections 4 and 5 a new section, to be designated Section 4A, to read as
follows:
Section 4A. Notwithstanding any other provisions of law to the
contrary, in each county in this state having a population of not less
GEORGIA LAWS 1981 SESSION
3231
than 15,300 and not more than 15,800 according to the United States
decennial census of 1970 or any future such census, the following
county officers shall receive monthly expense allowances paid from
county funds as follows:
(1) County commissioner - $200.00;
(2) Sheriff-$100.00;
(3) Clerk of the superior court - $100.00; and
(4) Judge of the probate court - $100.00.
The $200.00 monthly expense allowance provided for the county
commissioner in this section is in addition to the $100.00 expense
allowance for such officer provided in Section 1.
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.
Approved March 26,1981.
MILLER COUNTYSMALL CLAIMS COURT.
No. 132 (Senate Bill No. 27).
AN ACT
To create and establish a Small Claims Court of Miller County; to
provide for the initial judge; to provide for the appointment, duties,
powers, compensation, qualifications, substitution and tenure of
office of the judge of Small Claims Court; to prescribe the jurisdiction,
the pleading, practice and service of process therein; to provide for a
3232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
clerk and prescribe his remuneration; to provide for a bailiff and
prescribe his duties and his compensation; to validate acts and
proceedings therein; to provide for the continuation of certain pro-
cesses, actions, suits, and cases; to provide for other matters relative
to the foregoing; to provide for legislative intent; to provide for
severability; to provide for an effective date; to provide conditions for
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (Create, jurisdiction). There is hereby created and
established a Small Claims Court of Miller County. Said 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 other court now or hereaf-
ter established in Miller 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. (Judge), (a) The judge of the small claims court in
Miller County who is serving on the effective date of this Act shall
serve until the expiration of his current term of office and until his
successor is appointed and qualified under subsection (b).
(b) Thereafter the Governor shall appoint a citizen of Miller
County to be judge of the small claims court for a term of four years
and until his successor is appointed and qualified.
Section 3. (Judge Pro Hac Vice). Whenever the judge of 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 Miller County or any judge of a state court
located in Miller County, on application of any part or the 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. (Clerk). Any duties herein prescribed to be per-
formed by the clerk may be performed by the judge, although the
judge may appoint a person to act as clerk, said clerk to be compen-
sated, if at all, from the fees herein authorized.
GEORGIA LAWS 1981 SESSION
3233
Section 5. (Fees). All fees collected by the judge as herein
authorized, shall be retained by him as his sole remuneration.
Section 6. (Actions), (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. The judge or clerk may at the request of any
individual, 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
in Miller County by any official or person authorized by law to serve
process in circuit courts; or by registered mail or certified mail, with
return receipt, or by Small Claims Court Bailiff; or by any person not
a party to or otherwise interested in the suit, especially appointed by
the judge 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,
verification and 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 on the record the
date and hour of mailing. 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 sender by U. S. postage
authorities marked refused, giving the date of refusal, and such
notation of refusal is signed or initialed by a U. S. Post Office
employee or U. S. 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 above provided, he
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. The cost of service shall be advanced by the party
3234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
demanding same in addition to the filing fee hereinafter provided,
and shall be taxed as other costs.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than fifteen days from the
date of service of said notice; provided, however, that where service is
made by registered mail or certified mail, the date of mailing shall be
the date of service.
Section 7. (Docket). A docket shall be maintained in which shall
be indicated every proceeding and ruling had in each case.
Section 8. (Costs). The plaintiff, when he files his claim, shall
deposit with the court the sum of fifteen dollars ($15.00), 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 defendant;
but the deposit of costs in cases of attachment, garnishment, trover,
statutory foreclosures on personalty and replevin by possessory war-
rant, shall be ten dollars ($10.00); and in other matters (not specifi-
cally mentioned here) 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 ten dollars ($10.00) to be
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
a litigant the right to proceed further in any case pending. The award
of the 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.
Section 9. (Claims). 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 ten dollars
($10.00) for every such claim case. The same practice and procedure
GEORGIA LAWS 1981 SESSION
3235
shall apply in cases of illegality affidavits. The plaintiff in attach-
ment 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 case, including the costs
of a jury trial, shall be finally taxed against the party cost in said
proceeding.
Section 10. (Settlements), (a) On the day set for the hearing, or
such latter time as the judge may set, the trial shall be had. Immedi-
ately 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 difference without a trial, he shall
proceed with the hearing of the 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, and 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, or 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, or order the
same dismissed for want of prosecution, or make any other just and
proper disposition thereof, as justice may require.
Section 11. (Setoff). 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 hereof to offset
the claim of the plaintiff.
Section 12. (Judgments). 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,
and to stay execution, and to order partial payments in such amounts,
3236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. (Rules). The judge of the superior court presiding in
Miller 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, from time to time, to insure the proper administra-
tion of justice and to accomplish the purposes hereof.
Section 14. (Bailiffs). 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 Miller
County, such bailiffs to serve at the pleasure of the judge and under
his discretion, and a person so appointed shall be known and desig-
nated as Small Claims Court Bailiff and have the powers and
authority, and be subject to the penalties, of all lawful constables of
the State of Georgia, including the power to serve any and all
processes and writs issued for or by said Small Claims Court, with
power, also, to make levies and conduct judicial sales, and account
therefor, in the manner of lawful constables. All such bailiffs shall,
within five days from their appointment as such, take and subscribe
the oath of office as prescribed in section 24-804 and give the bond
prescribed in section 24-811 of the Code of Georgia, and such bailiffs
shall be subject to be ruled for failure of duty or malfeasance in office
as are other lawful constables of this State.
Section 15. (Jury trials). Jury trials may be had upon demand of
the plaintiff at the time of the commencement of his suit or by the
defendant within five days after service of notice of suit by depositing
with the judge or his clerk such sum as the judge may fix as reasonable
to secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and defendant having three
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.
Section 16. (Liens). Judgments of small claims courts shall
become a lien on the real estate and personal property of a defendant,
situated in any county, from the time of the filing in the office of the
Clerk of the Superior Court for said county, of an execution based
upon such judgment and the entry thereof by the clerk in the general
execution docket for said county.
GEORGIA LAWS 1981 SESSION
3237
Section 17. (Appeals). Appeals may be had from judgments
returned in a small claims court, to the Superior Court, and the same
provisions now provided for by the law for appeals from probate
courts to the Superior Court, shall be applicable to appeals from the
small claims court to the Superior Court.
Section 18. (Forms). Until otherwise provided by rules of court
the statement of claims, verification, and notice shall be in the
following equivalent forms and shall be in lieu of any form now
employed and of any form of summons now provided by law:
Small Claims Court
_______________________________ County, Georgia
, Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff, or, at his request, the court, will insert a statement
of the plaintiffs claim, and the original, to be filed with the court,
may, if action is on a contract, express or implied, 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 true and just statement of the amount owing by
defendant to plaintiff exclusive of all setoffs and just grounds of
defense.
3238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Plaintiff (or Agent)
Sworn and subscribed before me,
this the _______ day of_________________, 19
Notary Public
Notice
To:___________
Defendant
Home Address
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)
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.
GEORGIA LAWS 1981 SESSION
3239
You may come with or without an attorney.
Judge-Clerk of the Small Claims Court
Seal
Section 19. (Validation). All acts performed by the judge or clerk
and all proceedings before the small claims court are hereby vali-
dated.
Section 20. (Supplies). All forms, docket books, file jackets,
filing cabinets and the like, required by this act shall be furnished by
the Miller County Commissioners.
Section 21. (Hearings). Such small claims court having no
designated terms at stated periods, the judge thereof shall in each
instance, set dates for all hearings and trials in every kind of case, and,
also designate the times when attachments and executions are return-
able and, also designate the time when each answer to summons of
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, but no judgment shall be rendered against a garnishee before a
final judgment shall have first been rendered against the defendant.
Section 22. (Summons of Garnishment). A summons of gar-
nishment may be served by the Sheriff or his deputies, or by a lawful
constable or by a Small Claims Court bailiff, or by the judge of the
Small Claims Court; or it may be served by registered or certified
mail, provided such service by mail is evidenced by a properly signed
return receipt, which shall be attached to the original garnishment
affidavit, or to the writ of attachment; provided further, it shall be
prima facie evidence of service on the garnishee if the sealed envelope
in which said summons was mailed to the garnishee by registered or
certified mail is returned to sender by U. S. postal authorities
marked refused giving the date of refusal and be signed or initialed
3240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by a U. S. Post Office employee or U. S. mail carrier to whom refusal
was made. Whenever served 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 or on the back
of a conformed copy of the original summons of garnishment which
was given to the garnishee, or such entry of service may be made on a
separate paper and attached to the said garnishment affidavit or the
writ of attachment, as the case may be.
Section 23. (Fines). The judge of a Small Claims Court shall
have the power to impose fines of not more than ten dollars or
imprison for not longer than twenty four hours any person guilty of
contempt of court, such fines to be paid into the Miller County
treasury or Miller County depository for county purposes.
Section 24. (Fees). The fee of bailiff for the execution of a fi. fa.
shall be four dollars, 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 per cent (10%) of the first $250.00 and
five per cent (5%) on all sums over that amount, with a minimum of
three dollars ($3.00).
Section 25. (Processes, Actions, etc.) All mesne and final
processes and all actions, suits, or cases which are pending in the
small claims court in Miller County as it exists on the effective date of
the Act shall be continued and shall be the same in the Small Claims
Court of Miller County which is created by this Act.
Section 26. (Intent). It is the intent of the General Assembly of
Georgia to create a Small Claims Court of Miller County. It is the
further intent of the General Assembly that the court created by this
Act shall be a continuation of the heretofore existing small claims
court in Miller County as created by an Act approved March 10,1966
(Ga. Laws 1966, p. 3372), as amended, which court shall stand
abolished by action of the General Assembly effective July 1,1981.
Section 27. (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
GEORGIA LAWS 1981 SESSION
3241
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 28. (Effective Date). This Act shall become effective
July 1,1981; provided, however, that, if an Act entitled An Act To
repeal an Act entitled An Act creating a Small Claims Court in each
county in this state having a population of not less than 6,825 and not
more than 6,925, according to the U. S. Decennial Census of 1960, or
any future such census: providing for the appointment, duties,
powers, compensation, qualifications, substitution and tenure of
office of the judge of Small Claims Court; prescribing the jurisdiction,
the pleading, practice and service of process therein; providing for a
clerk and prescribing his remuneration; providing for a bailiff and
prescribing his duties and his compensation; validating acts and
proceedings therein; to provide an effective date; to provide for a
referendum; to repeal conflicting laws; and for other purposes.,
approved March 10,1966 (Ga. Laws 1966, p. 3372), as amended by an
Act approved April 5, 1971 (Ga. Laws 1971, p. 3179), and an Act
approved February 18, 1977 (Ga. Laws 1977, p. 2649); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes. does not pass the 1981
session of the General Assembly and is not signed by the Governor or
does not become law without his signature, this Act shall be null and
void and shall stand repealed in its entirety.
Section 29. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Miller County; to provide for other matters
relative thereto; and for other purposes.
This the 18th day of December, 1980.
3242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
J. H. Timmons
State Senator,
District 11
Ralph J. Balkcom
State Representative,
District 140
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Hodge Timmons who, on
oath, deposes and says that he/she is Senator from the 11th 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 18,
25,1980, January 1,1981.
/s/ Jimmy Hodge Timmons
Senator,
11 District
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3243
COMPENSATION OF NAMED OFFICIALS OF CERTAIN
COUNTIES (145,000 - 165,000).
No. 133 (Senate Bill No. 88).
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, particularly by an Act
approved March 21,1980 (Ga. Laws 1980, p. 3723), so as to change the
salaries of certain officials in said counties; to prohibit certain offi-
cials from engaging in the private practice of law; to provide for an
automatic repeal of certain provisions; to provide for the applicability
of other laws; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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, particularly by an Act
approved March 21,1980 (Ga. Laws 1980, p. 3723), is hereby amended
by striking Section 1 of said Act in its entirety and substituting in lieu
thereof a new Section 1 to read as follows:
Section 1. (a) (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............................... $1,967.70
judge of probate court................................ $2,358.40
tax commissioner...................................... $2,225.22
judge of state court.................................. $3,208.33
solicitor of state court.............................. $1,495.20
3244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
coroner.............................................. $1,200.00
judge of civil court................................. $2,416.66
associate judge of civil
court.............................................. $2,250.00
chairman, board of commissioners..................... $ 783.33
county commissioners ................................ $ 583.33
district attorney.................................... $ 657.30
judges of the superior
court.............................................. $ 890.65
sheriff............................................. $2,575.65.
Provided, however, that the judge of the state court and the
associate judge of the civil court shall not be permitted to engage
in the private practice of law.
(2) Effective April 1,1981, paragraph (1) of this subsection
shall be null and void and shall stand repealed in its entirety.
(b) Effective April 1,1981, in all counties of this state having a
population of not less than 171,000 nor more than 191,000 according
to the 1980 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................................$1,967.70
judge of probate court.................................$2,358.40
tax commissioner.......................................$2,225.22
judge of state court...................................$3,208.33
solicitor of state court...............................$1,495.20
coroner................................................$1,200.00
judge of civil court...................................$2,416.66
associate judge of civil court.........................$2,250.00
chairman, board of commissioners........................$ 783.33
county commissioners....................................$ 583.33
district attorney.......................................$ 657.30
judges of the superior court ........................$ 890.65
sheriff...............................................$2,575.65.
GEORGIA LAWS 1981 SESSION
3245
Provided, however, that the judge of the state court and the
associate judge of the civil court shall not be permitted to 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.
Approved April 6,1981.
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (11,000 - 11,300).
No. 134 (Senate Bill No. 120).
AN ACT
To repeal an Act entitled An Act to create and establish a Small
Claims Court in and for certain counties; to prescribe the jurisdiction
of said court; to prescribe the pleading and practice in said court; to
provide for the appointment, duties, powers, compensation, qualifica-
tions, substitutions and tenure of the office of the judge of said court;
to provide that the judge of said court shall be exempt from jury duty
in the superior court and any other court existing or that may be
created and established in said county; 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 and compensa-
tion; to provide for the service of summons of said court; 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 the furnishing of certain law books to said court; to
3246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for validating the acts of said court and the proceedings
therein; to provide for a referendum; to provide for severability; to
repeal conflicting laws; and for other purposes., approved April 3,
1972 (Ga. Laws 1972, p. 3770); to provide an effective date; to provide
conditions for the effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to create and establish a
Small Claims Court in and for certain counties; to prescribe the
jurisdiction of said court; to prescribe the pleading and practice in
said court; to provide for the appointment, duties, powers, compensa-
tion, qualifications, substitutions and tenure of the office of the judge
of said court; to provide that the judge of said court shall be exempt
from jury duty in the superior court and any other court existing or
that may be created and established in said county; 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 and compensation; to provide for the service of summons of
said court; 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 the furnishing of certain law books to said
court; to provide for validating the acts of said court and the proceed-
ings therein; to provide for a referendum; to provide for severability;
to repeal conflicting laws; and for other purposes., approved April 3,
1972 (Ga. Laws 1972, p. 3770), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Camden
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
GEORGIA LAWS 1981 SESSION
3247
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
STATE COURT OF BALDWIN COUNTYSALARIES OF
JUDGE AND SOLICITOR.
No. 136 (Senate Bill No. 131).
AN ACT
To amend an Act creating county courts in certain designated
counties of this state, approved January 19,1872 (Ga. Laws 1871-72,
p. 288), as amended, particularly by an Act approved April 3, 1972
(Ga. Laws 1972, p. 3314), so as to change the compensation provisions
relating to the judge and the solicitor of the State Court of Baldwin
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 county courts in certain designated
counties of this state, approved January 19,1872 (Ga. Laws 1871-72,
p. 288), as amended, particularly by an Act approved April 3, 1972
(Ga. Laws 1972, p. 3314), is hereby amended by striking Section IB in
its entirety and inserting in lieu thereof a new Section IB to read as
follows:
Section IB. (a) The judge and the solicitor of the State Court of
Baldwin County shall each receive an annual salary of $15,000.00,
payable in equal monthly installments out of the funds of Baldwin
County.
(b) Beginning January 1, 1982, and continuing thereafter, the
governing authority of Baldwin County shall be authorized, in its
discretion, to supplement the salaries of the judge and the solicitor in
3248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an amount not to exceed $5,000.00 annually for each such officer, said
supplements to be paid in equal monthly installments from county
funds.
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 Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating county courts in certain designated counties of this state,
approved January 19,1872 (Ga. Laws 1871-72, p. 288), as amended, so
as to change the compensation of the judge and solicitor of said court;
to provide for all other matters relative thereto; and for other
purposes.
This 22 day of Dec., 1980.
Culver Kidd
Senator,
25th District
State of Georgia
County of Baldwin.
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: Notice to
introduce local legislation County Courts was inserted in space of
legal advertisement as follows: December 26; January 2,9.
GEORGIA LAWS 1981 SESSION
3249
/s/ Roger W. Coover,
Publisher
Subscribed and sworn before me,
this 9th day of January, 1981.
/s/ Nancy D. Veal
Notary Public
My Commission Expires: August 15, 1982.
Approved April 6,1981.
BALDWIN COUNTYCOMPENSATION OF SHERIFF.
No. 137 (Senate Bill No. 146).
AN ACT
To amend an Act placing the sheriff of Baldwin County on an
annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as
amended, particularly by an Act approved February 13, 1970 (Ga.
Laws 1970, p. 2036), so as to change the provisions relating to the
compensation of the sheriff; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Baldwin County on an
annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as
amended, particularly by an Act approved February 13, 1970 (Ga.
Laws 1970, p. 2036), is hereby amended by striking Section 2 in its
entirety and inserting in lieu thereof a new Section 2 to read as
follows:
3250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The sheriff of Baldwin County shall receive an annual
salary of $24,500.00, payable in equal monthly installments from the
funds of Baldwin 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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the sheriff of Baldwin County on an annual salary,
approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended; and
for other purposes.
This 22 day of Dec., 1980.
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 Union-Recorder which is the official organ of
Baldwin County, on the following dates: December 26, 1980 and
January 2,9,1981.
GEORGIA LAWS 1981 SESSION
3251
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
SEMINOLE COUNTYTAX COMMISSIONERS
COMPENSATION.
No. 138 (Senate Bill No. 151).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector and creating the office of Tax Commissioner of Seminole
County, approved February 25, 1949 (Ga. Laws 1949, p. 1238), as
amended by an Act approved February 19,1953 (Ga. Laws 1953, Jan.-
Feb. Sess., p. 2433), so as to change the compensation of the tax
commissioner; to provide for an interim compensation; to provide for
other matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and
tax collector and creating the office of Tax Commissioner of Seminole
County, approved February 25, 1949 (Ga. Laws 1949, p. 1238), as
3252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended by an Act approved February 19,1953 (Ga. Laws 1953, Jan.-
Feb. Sess., p. 2433), is hereby amended by striking in its entirety
Section 3 of said Act which reads as follows:
Section 3. That the salary of said Tax Commissioner shall be
$3,600.00 per annum, to be paid from funds in the county treasury.,
and substituting in lieu thereof the following:
Section 3. (a) The Tax Commissioner of Seminole County shall
receive an annual salary of not less than $17,500.00 and not more than
$22,500.00, the exact amount to be determined by the county commis-
sioners. Said salary shall be paid in equal monthly installments from
the funds of Seminole County.
(b) The County Commissioners of Seminole County shall, in
December of each year, determine the exact salary of the tax commis-
sioner, and such salary shall become effective on January 1 of the year
next following such determination.
Section 2. Within seven days from the effective date of this Act,
the County Commissioners of Seminole County shall set the salary of
the Tax Commissioner of Seminole County at not less than $17,500.00
and not more than $22,500.00. This salary shall remain in effect until
December 31, 1981, and until such time as the salary of the tax
commissioner is set by the County Commissioners of Seminole
County in accordance with an Act consolidating the office of tax
receiver and tax collector and creating the office of Tax Commissioner
of Seminole County, approved February 25, 1949 (Ga. Laws 1949, p.
1238), as amended.
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
1981 session of the General Assembly of Georgia, a bill to place the
GEORGIA LAWS 1981 SESSION
3253
Tax Commissioner of Seminole County on an annual salary; to
provide clerical help, to provide for the expenses of operating said
office and the furnishing of supplies, materials, furnishings, furniture,
utilities and equipment, and the repair and replacement of the same,
and for other purposes.
So dated this 5th day of December, 1980.
Seminole County Board
of Commissioners
/s/ Louise Alday
Louise Alday, Clerk
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Hodge Timmons who, on
oath, deposes and says that he/she is Senator from the 11th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Donalsonville News which is the
official organ of Seminole County, on the following dates: December
11,18,25,1980.
/s/ Jimmy Hodge Timmons
Senator,
11 District
Sworn to and subscribed before me,
this 13th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SEMINOLE COUNTYJUDGE OF PROBATE COURT
PLACED ON SALARY BASIS.
No. 139 (Senate Bill No. 161).
AN ACT
To abolish the present method of compensating the Judge of the
Probate Court of Seminole County, known as the fee system; to
provide in lieu thereof an annual salary; to provide for the annual
salary when there is a vacancy; to provide for setting the annual
salary; to provide that all fees, fines, forfeitures, commissions, costs
allowances, penalties, and funds of said officer shall become property
of the county; to provide for the collection of such; to provide for
periodic statements; to provide for the payment of operating
expenses; to provide for the employment of personnel; to provide for
the compensation of such personnel; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Effective July 1, 1981, the method of compensating
the Judge of the Probate Court of Seminole 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) Effective July 1, 1981, the Judge of the Probate
Court of Seminole County shall receive an annual base salary of not
less than $22,300.00 and not more than $27,300.00, the exact amount
to be determined by the county commissioners.
(b) In the event there is a vacancy in the office of Judge of the
Probate Court of Seminole County, the County Commissioners of
Seminole County shall, prior to the vacancy being filled, determine,
within the salary limitations provided in subsection (a), the base
salary for the judge of the probate court for the remainder of that
GEORGIA LAWS 1981 SESSION
3255
calendar year. Thereafter, the county commission shall set the base
salary in accordance with subsection (d).
(c) The annual salary provided for by this Act shall be paid in
equal monthly installments from the funds of Seminole County and
shall be the sole compensation of the judge of the probate court.
(d) Prior to July 1,1981, the County Commissioners of Seminole
County shall determine the exact base salary of the judge of the
probate court. Thereafter, the County Commissioners of Seminole
County shall, in December of each year, determine the exact base
salary of the judge of the probate court, and such base salary shall
become effective on January 1 of the year next following such
determination.
Section 3. Effective July 1,1981, the judge of the probate court
shall diligently and faithfully undertake to collect all fees, fines,
forfeitures, commissions, costs allowances, penalties, and funds form-
erly allowed him as compensation for 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 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. The judge of the probate court shall have the
authority to appoint one clerk who shall receive a monthly salary of
not less than $600.00 per month and no more than $1,000.00 per
month, payable in equal weekly installments, the exact amount to be
determined by the governing authority of the county, with an annual
increase at the sole discretion of the probate judge and governing
authority. The judge of the probate court shall have the authority to
hire such additional help as he and the governing authority shall
agree upon. 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 clerk, to
prescribe tbe duties and assignment of such clerk, and to remove or
replace such clerk at will and within his sole discretion.
3256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. The necessary operating expenses of the judge of the
probate courts 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, 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. The determination of such
requirements shall be at the sole discretion of the judge of the probate
court and the governing authority of Seminole County.
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
1981 session of the General Assembly of Georgia, a bill to place the
Judge of the Probate Court of Seminole County on an annual salary in
lieu of the fee system of compensation; to provide for a Clerk, to
provide for the expenses of operating said office and the furnishing of
supplies, materials, furnishings, furniture, utilities and equipment,
and the repair and replacement of the same, and for other purposes.
So dated this 5th day of December, 1980.
Seminole County Board
of Commissioners
/s/ Louise Alday
Louise Alday, Clerk
GEORGIA LAWS 1981 SESSION
3257
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Hodge Timmons who, on
oath, deposes and says that he/she is Senator from the 11th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Donalsonville News which is the
official organ of Seminole County, on the following dates: December
11,18,25,1980.
/s/ Jimmy Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
ACT CREATING PENSION SYSTEMS FOR POLICEMEN
AND FIREMEN OF CERTAIN COUNTIES AMENDED
(550,000 OR MORE) (600,000 OR MORE).
No. 140 (Senate Bill No. 192).
AN ACT
To amend an Act approved April 25, 1969 (Ga. Laws 1969, p.
3652), relating to pensions for firemen and policemen in certain
29
3258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
counties, as amended, particularly by an Act approved April 10,1971
(Ga. Laws 1971, p. 3391), so as to provide that said Act shall be
applicable in counties having a population of 550,000 or more accord-
ing to the 1970 census 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. An Act approved April 25, 1969 (Ga. Laws 1969, p.
3652), relating to pensions for firemen and policemen in certain
counties, as amended, particularly by an Act approved April 10,1971
(Ga. Laws 1971, p. 3391), is hereby amended by striking therefrom
whenever the same shall appear the figures 600,000 and inserting in
lieu thereof the figures 550,000.
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 April 6,1981.
ACT PROTECTING PENSION RIGHTS IN CERTAIN
COUNTIES AMENDED (550,000 OR MORE)
(600,000 OR MORE).
No. 141 (Senate Bill No. 193).
AN ACT
To amend an Act approved March 31, 1972, providing for the
protection of pension rights in certain counties and cities (Ga. Laws
GEORGIA LAWS 1981 SESSION
3259
1972, p. 3277), as amended, so as to provide that said Act shall be
applicable in counties having a population of 550,000 or more accord-
ing to the 1970 census 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. An Act approved March 31, 1972, providing for the
protection of pension rights in certain counties and cities (Ga. Laws
1972, p. 3277), as amended, is hereby amended by striking from
Section 1(a) thereof the figures 600,000 and inserting in lieu thereof
the figures 550,000.
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 April 6,1981.
COST OF CLEANING, ETC. PUBLIC WAYS IN
CERTAIN COUNTIES (550,000 OR MORE).
No. 142 (Senate Bill No. 196).
AN ACT
To provide that in all counties of this state having a population of
550,000 or more according to the 1970 United States decennial census
or any future such census the county governing authority shall be
empowered by ordinance or resolution to assess against property the
cost of reopening, repairing or cleaning up from any public way,
street, road, right of way, or highway any debris or other materials
originating on such property as a result of any construction activity;
to provide that the assessment shall be a lien enforced in the same
manner as are county property taxes; to provide for other matters
3260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. In all counties of this state having a population of
550,000 or more according to the 1970 United States decennial census
or any future such census the county governing authority shall be
empowered by ordinance or resolution to assess against any property
the cost of reopening, repairing or cleaning up from any public way,
street, road, right of way, or highway any debris, dirt, sediment, soil,
trash, building materials, and other physical materials originating on
such property as a result of any private construction activity carried
on by any developer, contractor, subcontractor, or owner of such
property.
Section 2. Any assessment authorized under Section 1 hereof,
the interest thereon and the expense of collection shall be a lien
against the property so assessed coequal with the lien of other taxes
and shall be enforced in the same manner as are state and county ad
valorem property taxes by issuance of a fi. fa. and levy and sale as set
forth in Georgia Code Title 91A, known as the Georgia Public
Revenue Code.
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.
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3261
ENFORCEMENT OF REGULATORY CODES IN CERTAIN
COUNTIES (550,000 OR MORE).
No. 143 (Senate Bill No. 204).
AN ACT
To provide that in all counties of this state having a population of
550,000 or more according to the 1970 United States decennial census
or any future such census, any employee responsible for inspection
and enforcement of regulatory codes, ordinances, regulations, rules,
and orders shall have authority to issue citations to persons who
violate any such codes, ordinances, regulations, rules, and orders; to
provide that said citations shall be returnable to a regular session of a
court having county-wide commitment jurisdiction; to provide for the
powers and authorities of said court; to provide for the issuance of a
warrant in the event that said citation is not obeyed; 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 of
550,000 or more according to the 1970 United States decennial census
or any future such census, any employee who is authorized to enforce
any county code, ordinance, regulation, rule, or other order, including
such related ordinances, codes, and regulations as drainage regula-
tions, soil erosion and sedimentation control regulations, subdivision
and zoning regulations, water and sewer regulations, and any other
land development or construction regulations of such counties, shall
have the authority to issue citations to any person who shall violate
any such county code, ordinance, regulation, or order which shall be
in effect in such counties. Such citations shall command the appear-
ance of such person at a designated regular session of a court in said
county having the jurisdiction of a commitment court throughout the
entire county. At such time and place said court shall act as a court of
inquiry with all the powers and authorities as specified in Georgia
Code Chapter 27-4, as now or as may hereafter be amended. In the
event that any such person shall fail to appear in response to said
citation, a warrant shall be issued for the arrest of said person for
violation of such county code, ordinance, regulation, rule, or order
without the necessity of any further action.
3262 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.
Approved April 6,1981.
STATE COURT OF FULTON COUNTYSECRETARIES
AND BAILIFFS FOR MAGISTRATES.
No. 144 (Senate Bill No. 209).
AN ACT
To amend an Act creating a State Court of Fulton County,
approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended,
particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3735), creating for said state court the Office of Magistrate, so as to
provide that deputy marshals shall be bailiffs for the magistrates 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 a State Court of Fulton County,
approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended,
particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3735), creating for said state court the Office of Magistrate, is hereby
amended by striking Section 17 of said amendatory Act in its entirety
and substituting in lieu thereof a new Section 17 to read as follows:
Section 17. Each magistrate shall be provided with a secretary
and, as required, a Fulton County Deputy Marshal shall serve as
bailiff of the court.
GEORGIA LAWS 1981 SESSION
3263
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
1981 session of the General Assembly of Georgia a bill to amend an act
establishing a State Court of Fulton County, approved March 24,
1976, (Ga. L. 1976, p. 3023); and for other purposes.
This 10th day of December, 1980.
John Tye Ferguson
Associate County
Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul Coverdell who, on oath, deposes
and says that he/she is Senator 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: Dec. 19, 26,1980 and
Jan. 2,1981.
/s/ Paul D. Coverdell
Senator,
40 District
3264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF FULTON COUNTYCOURT COSTS.
No. 145 (Senate Bill No. 211).
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 March 18, 1980 (Ga. Laws 1980, p.
3309), so as to change the cost deposit requirements and the costs
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 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 March 18, 1980 (Ga. Laws 1980, p.
3309), is hereby amended by striking Section 44 in its entirety and
substituting in lieu thereof a new Section 44 to read as follows:
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
GEORGIA LAWS 1981 SESSION
3265
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 proceedings. 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 $450.00 per week for each week in which the said
newspaper publishes the calendar of the said court during the preced-
ing month as compensation for the printing and publication of the
said calendars.
Section 2. Said Act is further amended by striking subparagraph
(4) of paragraph A. of subsection (d) of Section 49 in its entirety and
substituting in lieu thereof a new subparagraph (4) to read as follows:
(4) For affidavit to obtain and issue alias fi. fa...$ 2.50.
Section 3. Said Act is further amended by striking subparagraph
(9) of paragraph C. of subsection (d) of Section 49 in its entirety and
substituting in lieu thereof a new subparagraph (9) to read as follows:
(9) For serving subpoenas, motions, orders, and certified copies
from other courts or any pleading after judgment in this court ....
$10.00.
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
1981 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
3266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the State Court of Fulton County), approved August 20,1913, (Ga.
L. 1913, p. 145); and for other purposes.
This 10th day of December, 1980.
John Tye Ferguson
Associate County
Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul Coverdell who, on oath, deposes
and says that he/she is Senator 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: Dec. 19, 26,1980 and
Jan. 2,1981.
/s/ Paul D. Coverdell
Senator,
40 District
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3267
STATE COURT OF FULTON COUNTYCHIEF CLERK.
No. 146 (Senate Bill No. 214).
AN ACT
To amend an Act creating a State Court of Fulton County by
consolidating the Criminal Court of Fulton County and the Civil
Court of Fulton County, approved March 24,1976 (Ga. Laws 1976, p.
3023), as amended, so as to provide that the duties and responsibili-
ties of the chief clerk shall also include those of administrator for 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 a State Court of Fulton County by
consolidating the Criminal Court of Fulton County and the Civil
Court of Fulton County, approved March 24,1976 (Ga. Laws 1976, p.
3023), as amended, is hereby amended by striking Section 7 in its
entirety and substituting in lieu thereof a new Section 7 to read as
follows:
Section 7. There shall be a chief clerk of the State Court of
Fulton County who shall be responsible for the operation of the civil
and criminal divisions of the clerks office. In addition, the chief clerk
of the State Court of Fulton County shall also be the administrator
for said court, with such administrative duties and responsibilities as
shall be assigned to him by the chief judge of said court. The chief
clerk shall be elected by the judges of the court from among the
qualified electors and residents of Fulton County. The chief clerk
shall receive such compensation as may be fixed by the Board of
Commissioners of Fulton County. The chief clerk shall have such
powers and duties as may be prescribed by the judges of the state
court. Such chief clerk shall also serve as the clerk of the civil division
of the court or as clerk of the criminal division of the court but not in
both positions.
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.
3268 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
1981 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 December, 1980.
John Tye Ferguson
Associate County
Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul D. Coverdell who, on oath,
deposes and says that he/she is Senator 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: Dec. 19,
26,1980 and Jan. 2,1981.
/s/ Paul D. Coverdell
Senator,
40 District
GEORGIA LAWS 1981 SESSION
3269
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GORDON COUNTYOFFICE OF COUNTY COMMISSIONER
CREATED, ETC., REFERENDUM.
No. 148 (Senate Bill No. 241).
AN ACT
To abolish the Board of Commissioners of Gordon County and re-
create the office of commissioner of Gordon County as the governing
authority thereof; to provide for elections, terms, and vacancies; to
provide for oaths and bonds; to provide for rights, duties, responsibil-
ities, and powers; to provide for purchases and sales; to prohibit
certain conflicts of interest; to provide for records; to prohibit certain
uses of county property; to provide for audits; to provide for compen-
sation, expenses, and allowances; to provide for budgets and a fiscal
year and other matters relating to the financial affairs of the county;
to provide for county employees; to provide penalties; to provide for a
referendum; to repeal specifically certain Acts; to provide for effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There is hereby created in and for Gordon County
the office of commissioner of Gordon County. Upon taking office as
provided in this section, the commissioner of Gordon County shall
constitute the governing authority of Gordon County. The commis-
3270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioner shall be vested with the control and management of the affairs
of said county including, but not limited to, all powers and duties
heretofore lawfully vested in the Board of Commissioners of Gordon
County.
(b) The Board of Commissioners of Gordon County existing
immediately prior to the effective date of this section shall continue
to serve until the election and qualification of the successor commis-
sioner created by this section, at which time the board shall be
abolished.
(c) Not less than five nor more than ten days after this section
becomes effective, the election superintendent of Gordon County
shall issue the call for a special nonpartisan election for the purpose of
electing the commissioner of Gordon County created by this section.
The election superintendent shall set the date of such election for a
day not less than 30 nor more than 35 days after the issuance of the
call. The election superintendent shall cause the date and purpose of
the election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Gordon County.
(d) The person elected as commissioner of Gordon County in the
special election provided in this section shall serve for a term begin-
ning on the first Monday immediately following the date upon which
are certified the final results of that election and ending December 31,
1984, and until the election and qualification of a successor. Every
such successor shall be elected in the general election immediately
preceding the end of the term of office of the incumbent commis-
sioner of Gordon County and shall serve for a term of four years
beginning on the first day of January immediately following that
election and until the election and qualification of a successor.
Section 2. Before entering upon the duties of his office, the
commissioner shall subscribe to the oath required by law of county
officers and shall also give bond, with good security, payable to the
Governor of this state, and his successors in office, in the sum of
$100,000.00, conditioned for the faithful performance of his duties as
commissioner, which bond shall be approved by the judge of the
probate court of said county. Any cost arising from the execution of
this bond shall be paid from the general funds of the county.
Section 3. The commissioner shall have the sole right to lay out,
open, change, or discontinue public roads of said county when and
GEORGIA LAWS 1981 SESSION
3271
where necessary, according to the laws now in force and effect, and
shall have the sole management of the working of said roads. Road
work shall be accomplished either by hired labor or by contract,
whichever is most economical for the county. Contracts for public
works will be let in accordance with the general laws of this state.
Section 4. The commissioner may purchase necessary machin-
ery, tools, equipment, supplies, and services, hereinafter referred to
collectively as goods and services, for county use. All purchases of
goods and services where the purchase price is expected to be in
excess of $1,000.00 shall be made by a sealed competitive bid. Notice
of the time and place that bids will be received and opened shall be
advertised in the local organ of the county once each week for two
weeks prior to the opening of such bids. Such notice shall also include
a description and specifications of the item or items to be purchased.
All bids shall be received in sealed envelopes and shall be opened and
thereafter filed for two years in the office of the commissioner for
public inspection. Goods and services shall be purchased from the
lowest responsible bidder. Such goods and services shall not be
purchased unless sealed competitive bids are received from not less
than two bidders. This section shall not apply to repairs of goods.
Section 5. When any county personal property with an acquisi-
tion value of $1,000.00 or more has become unserviceable, the com-
missioner will certify in writing that such equipment is no longer
serviceable. Upon such certification, the commissioner shall at public
sale sell the unserviceable property and remit the proceeds from the
sale to the treasury of the county. It shall be unlawful for the office of
the commissioner to sell such county personal property except by
competitive sealed bids or at public auction after advertisement for
such bids or auction in the official organ of Gordon County one a week
for two consecutive weeks. Such advertisements shall give a complete
description of the property being offered for sale. The highest of such
bids submitted must be accepted. The high bidder shall pay for the
property in cash, certified check, or cashiers check only at the time of
sale. A file of all sealed bids received shall be retained for a period of
two years by the clerk of the commissioner and shall be open to the
public for inspection at any time within such two-year period. The
commissioner may dispose of unserviceable county property having
an acquisition value of less than $1,000.00 in any manner deemed in
the best interest of the county. Any proceeds received therefrom shall
be deposited in the county treasury.
3272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. It shall be unlawful for the commissioner to have any
financial interest in the sale or purchase of any article to or from the
county or to receive any rebate, expense account, transportation, or
other valuable consideration in connection with or through the pur-
chase of any equipment, materials, or supplies for the county or the
awarding of any contract to the county.
Section 7. It shall be the duty of the commissioner to maintain a
permanent record of all county real property and personal property
having an acquisition cost of $100.00 or more. The permanent record
of personal property shall include the name of the item, make and
serial number, date of purchase and purchase price and, if applicable,
the date of disposal and disposal price. An annual inventory of the
aforesaid property shall be taken on or before October 15 of each year
and the inventory shall be reconciled with the permanent record. A
list of property added to or deleted from the permanent record shall
be included in the annual audit of the financial statements of Gordon
County.
Section 8. The use of the Gordon County account to charge
purchases of any kind for personal use of county officials or county
employees or for any other individual is prohibited.
Section 9. It shall be unlawful for the commissioner or anyone
acting under his authority or appointment to use, either directly or
indirectly, any automobile or other property owned by Gordon
County for his or their own private profit or pleasure, and any person
violating the provisions of this section, upon conviction thereof, shall
be guilty of a misdemeanor.
Section 10. (a) It shall be the duty of the commissioner of
Gordon County to have conducted an annual certified audit of the
financial affairs of Gordon County. This certified audit requirement
excludes the Gordon County Department of Education. The person
or persons making such certified audit shall be a member or members
of, and in good standing with, the Georgia Society of Certified Public
Accountants and the American Institute of Certified Public Accoun-
tants. The annual certified audit shall be made in accordance with
generally accepted auditing procedures as promulgated by the Ameri-
can Institute of Certified Public Accountants. The auditor shall state
in the report of certified audit if county funds have been misappropri-
ated during the period of time covered by the certified audit. The
auditor shall submit a report of certified audit to the grand jury and
GEORGIA LAWS 1981 SESSION
3273
the commissioner not later than 120 days after the close of the year
covered by the certified audit.
(b) All certified audits as provided for herein shall be repro-
duced in sufficient number and five copies shall be delivered and filed
with the clerk of the Superior Court of Gordon County, and such
copies shall be maintained in the clerks office for public inspection.
(c) Notice that the annual certified audit has been filed in the
clerks office shall be published in the legal organ of Gordon County.
(d) The compensation of such auditor shall be fixed by agree-
ment between the commissioner and the auditor selected to make
such certified audit. The compensation of said auditor as determined
herein shall be payable from the funds of Gordon County.
Section 11. No officer or employee of Gordon County or of any
agency thereof shall be interested, directly or indirectly, in any
contract made with the county or receive any profit or emolument for
any purchase or sale of material or other articles sold to the county or
paid for from the public revenues of the county. Nepotism by any
official or employee of the county is forbidden.
Section 12. The commissioner shall keep a book or books of
records in which shall be recorded all official acts; and he shall be
authorized to give orders or draw warrants against the county on
funds arising from the ad valorem tax for public road purposes and on
any other fund that may come into said county treasury for use and
expenditure on county improvements.
Section 13. (a) The commissioner shall devote full time to his
office as commissioner of Gordon County.
(b) The compensation of the commissioner shall be $25,000.00
per annum, payable in equal monthly installments from funds of
Gordon County. The commissioner shall be furnished with an
automobile to be used for county purposes only. The purchase,
maintenance, and other operating expenses of such automobile shall
be paid for from county funds. The commissioner shall also be
reimbursed for reasonable expenses incurred in the conduct of county
business.
3274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 14. Each department which operates a county fund,
except the board of education, shall submit an annual budget to the
commissioner on or before July 1 of each year. The commissioner
shall then review and adopt, or amend if necessary and adopt, a
budget for the county by September 1 of each year, which when so
adopted shall constitute the commissioners appropriation of all
funds for the fiscal year beginning October 1. A copy of the budgets
submitted to the commissioner by July 1 of each year and any
amendments thereto adopted by the commissioner shall be submitted
to the grand jury for review and comments by said grand jury. In the
event there is a need for a supplemental appropriation, the justifica-
tion therefor shall be presented to the grand jury in session for review
and comment prior to its adoption. The commissioner shall publish
the budget and any approved supplemental appropriation in the
official organ of Gordon County within 30 days after adoption.
Section 15. The commissioner shall publish an itemized list of
all warrants and checks issued for each immediately preceding four-
month period within 30 days following each such period commencing
with the effective date of this section. The itemized list shall be
posted on the bulletin board of the Gordon County courthouse and
maintained thereon for at least 30 days.
Section 16. (a) The commissioner is hereby authorized to
appoint a full-time clerk and a full-time road superintendent who
shall serve at the pleasure of the commissioner. The clerk and road
superintendent shall receive such compensation as shall be fixed by
the commissioner, and such compensation shall be payable in equal
monthly installments from the funds of Gordon County. The clerk
and road superintendent shall each give bond for the faithful perfor-
mance of their duties in the sum of $25,000.00, payable to the
commissioner of Gordon County. It shall be the duty of the clerk to
keep a book of minutes and other records and do such clerical work as
is necessary in carrying out the work of his office. The commissioner
is hereby authorized to employ such additional office personnel as he
deems necessary. The commissioner is further authorized to hire a
county attorney.
(b) No person employed by Gordon County shall be related to
the county commissioner as follows:
(1) Mother or mother-in-law;
GEORGIA LAWS 1981 SESSION
3275
(2) Father or father-in-law;
(3) Sister or sister-in-law;
(4) Brother or brother-in-law;
(5) Grandmother or grandmother by marriage;
(6) Grandfather or grandfather by marriage;
(7) Aunt or aunt by marriage;
(8) Uncle or uncle by marriage;
(9) Son or son-in-law; or
(10) Daughter or daughter-in-law.
Section 17. (a) When a vacancy occurs in the office of commis-
sioner in Gordon County and the unexpired term of office exceeds six
months in duration, it shall be the duty of the judge of the probate
court of Gordon County to call a special election to elect a successor
and fill said vacancy in not less than 60 nor more than 90 days, said
election to be held as provided by existing laws governing all special
elections and the cost of same to be defrayed by the proper county
authorities. The judge of the superior court of the county shall have
the power to appoint a successor to fill the vacancy for the 60-90 day
period prior to the election.
(b) In the event the unexpired term to be filled is six months or
less in duration, the judge of the superior court of the county shall
have power to appoint a successor to fill the unexpired term.
Section 18. After the approval of this Act by the Governor or
after it otherwise becomes law, and within ten days after the voting
plan proposed herein has been approved in accordance with Section 5
of the Voting Rights Act of 1965, as amended, the election superinten-
dent of Gordon County shall issue the call for an election for the
purpose of submitting this Act to the electors of Gordon County for
approval or rejection. The superintendent shall set the date of such
election for a day not less than 30 days nor more than 35 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
3276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
weeks immediately preceding the date thereof in the official organ of
Gordon County. The ballot shall have written or printed thereon the
words:
[ ] YES Shall the Act abolishing the Board of
[ ] NO Commissioners of Gordon County
and re-creating the office of commis-
sioner of Gordon 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 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.
For purposes of this section, a voting plan shall be deemed
to have been approved in accordance with Section 5 of the Voting
Rights Act of 1965, as amended, upon whichever of the following is
first to occur:
(1) Notification by the Attorney General of the
United States that he does not intend to object to the plan;
(2) Expiration of the time period during which the
Attorney General of the United States may object to the
plan, without such objection having been made;
(3) Withdrawal by the Attorney General of the
United States of all objections to the voting plan;
(4) Expiration of the time period during which an
appeal may be had of a declaratory judgment, of the United
States District Court for the District of Columbia, which
approved the voting plan, if no such appeal has been filed;
or
(5) United States Supreme Court affirmance of or
refusal to review a declaratory judgment, of the United
GEORGIA LAWS 1981 SESSION
3277
States District Court for the District of Columbia, which
approved the voting plan.
Section 19. An Act creating the office of commissioner of
Gordon County, approved March 21,1974 (Ga. Laws 1974, p. 2522), as
amended, particularly by an Act approved March 13,1975 (Ga. Laws
1975, p. 2719), an Act approved March 24, 1976 (Ga. Laws 1976, p.
3115), and an Act approved April 11,1979 (Ga. Laws 1979, p. 4144), is
hereby repealed in its entirety.
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 1981 session of the General Assembly of Georgia, a bill to
amend an Act creating the office of Board of Commissioners of
Gordon County, approved March 21,1974 (Ga. Laws 1974, p. 2522), as
amended particularly by an act approved March 13, 1975 (Ga. Laws
1975, p. 2319), so as to abolish the Board of Commissioners of Gordon
County, and recreate the office of Commissioner of Gordon County;
to provide for all matters relative to the foregoing; to provide for a
referendum; to provide an effective date; and for other purposes.
This 24th day of December, 1980.
Max Brannon
Senator,
51st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Max Brannon who, on oath,
deposes and says that he/she is Senator from the 51st District, and
that the attached copy of Notice of Intention to Introduce Local
3278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Calhoun Times and Gordon Co.
News which is the official organ of Gordon County, on the following
dates: December 31,1980, January 7, January 14,1981.
/s/ Max Brannon
Senator,
51st District
Sworn to and subscribed before me,
this 4th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DISPOSITION OF CERTAIN ACCUSATIONS IN
CRIMINAL COURTS OF CERTAIN COUNTIES
(600,000 OR MORE) (550,000 OR MORE).
No. 149 (Senate Bill No. 258).
AN ACT
To amend an Act approved April 13, 1973, providing for the
disposition of certain accusations in the criminal court of certain
counties (Ga. Laws 1973, p. 2674), as amended, so as to provide that
said Act shall be applicable in counties having a population of 550,000
or more according to the 1970 census, or any future such census; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1981 SESSION
3279
Be it enacted by the General Assembly of Georgia:
Section 1. An Act approved April 13, 1973, providing for the
disposition of certain accusations in the criminal court of certain
counties (Ga. Laws 1973, p. 2674), as amended, is hereby amended by
striking from Section 1 thereof the figure 600,000 and inserting in
lieu thereof the figure 550,000.
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 April 6,1981.
ACT PERTAINING TO RECORDING OF PLATS IN
CERTAIN COUNTIES AMENDED (600,000 OR
MORE) (550,000 OR MORE).
No. 150 (Senate Bill No. 259).
AN ACT
To amend an Act approved March 17, 1960 (Ga. Laws 1960, p.
3196), as amended, particularly by an Act approved April 10, 1971
(Ga. Laws 1971, p. 3385), pertaining to recording of plats in certain
counties, so as to provide that said Act shall be applicable in counties
having a population of 550,000 or more according to the 1970 census,
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. An Act approved March 17,1960 (Ga. Laws 1960, p.
3196), as amended, particularly by an Act approved April 10, 1971
(Ga. Laws 1971, p. 3385), pertaining to recording of plats in certain
3280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
counties, is hereby amended by striking from Section 1 thereof the
figure 600,000, and inserting in lieu thereof the figure 550,000.
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 April 6,1981.
MEMBERS OF CIVIL SERVICE BOARDS IN
CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR
MORE).
No. 153 (Senate Bill No. 264).
AN ACT
To amend an Act approved April 11, 1979, pertaining to the
qualifications of members of the civil service board in certain counties
(Ga. Laws 1979, p. 4346), as amended, so as to provide that said Act
shall be applicable in counties having a population of 550,000 or more
according to the 1970 census, 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. An Act approved April 11, 1979, pertaining to the
qualifications of members of the civil service board in certain counties
(Ga. Laws 1979, p. 4346), as amended, is hereby amended by striking
from Section 1 thereof the figure 600,000 and inserting in lieu
thereof the figure 550,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
3281
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
ALCOHOLIC BEVERAGESSALE HOURS IN
CERTAIN COUNTIES (600,000 OR MORE)
(550,000 OR MORE).
No. 155 (Senate Bill No. 266).
AN ACT
To amend an Act approved March 23,1977, authorizing the sale of
alcoholic beverages during certain hours in certain counties (Ga. Laws
1977, p. 843), as amended, so as to provide that said Act shall be
applicable in counties having a population of 550,000 or more accord-
ing to the 1970 census, 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. An Act approved March 23,1977, authorizing the sale
of alcoholic beverages during certain hours in certain counties (Ga.
Laws 1977, p. 843), as amended, is hereby amended by striking from
Section 1 thereof the figure 600,000, and inserting in lieu thereof
the figure 550,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
ISSUANCE OF CITATIONS BY ZONING AND
BUILDING INSPECTORS IN CERTAIN COUNTIES
(600,000 OR MORE) (550,000 OR MORE).
No. 161 (Senate Bill No. 272).
AN ACT
To amend an Act approved April 24,1975, authorizing Zoning and
Building Inspectors to issue citations in certain counties (Ga. Laws
1975, p. 4531), as amended, so as to provide that said Act shall be
applicable in counties having a population of 550,000 or more accord-
ing to the 1970 census, 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. An Act approved April 14, 1975, authorizing Zoning
and Building Inspectors to issue citations in certain counties (Ga.
Laws 1975, p. 4531), as amended, is hereby amended by striking the
figure 600,000, and inserting in lieu thereof the figure 550,000, in
Section 1 thereof.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
3283
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
ACT CREATING JOINT CITY-COUNTY TAX BOARDS
IN CERTAIN COUNTIES AMENDED (600,000 OR
MORE) (550,000 OR MORE).
No. 163 (Senate Bill No. 274).
AN ACT
To amend an Act approved February 15,1952 (Ga. Laws 1952, p.
2825), providing for a joint city-county tax board in certain counties,
as amended, particularly by an Act approved April 10,1971 (Ga. Laws
1971, p. 3390), so as to provide that said Act shall be applicable in
counties having a population of 550,000 or more according to the 1970
census, 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. An Act approved February 15,1952 (Ga. Laws 1952,
p. 2825), providing for a joint city-county tax board in certain
counties, as amended, particularly by an Act approved April 10,1971
(Ga. Laws 1971, p. 3390), is hereby amended by striking therefrom
whenever the same shall appear the figure 600,000 and inserting in
lieu thereof the figure 550,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
ACT PROVIDING FOR BUDGET COMMISSIONS IN
CERTAIN COUNTIES AMENDED (600,000 OR
MORE) (550,000 OR MORE).
No. 164 (Senate Bill No. 275).
AN ACT
To amend an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-
Feb. Sess., p. 2815), providing for a budget commission in certain
counties, as amended, particularly by an Act approved April 10,1971
(Ga. Laws 1971, p. 3389), so as to provide that said Act shall be
applicable in counties having a population of 550,000 or more accord-
ing to the 1970 census, 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. An Act approved March 2,1953 (Ga. Laws 1953, Jan.-
Feb. Sess., p. 2815), providing for a budget commission in certain
counties, as amended, particularly by an Act approved April 10,1971
(Ga. Laws 1971, p. 3389), is hereby amended by striking therefrom
wherever the same shall appear the figure 600,000 and inserting in
lieu thereof the figure 550,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
3285
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
ALCOHOLIC BEVERAGESSALE HOURS ON SUNDAYS
IN CERTAIN COUNTIES (600,000 OR MORE)
(550,000 OR MORE).
No. 166 (Senate Bill No. 277).
AN ACT
To amend an Act approved March 23,1977, authorizing the sale of
alcoholic beverages during certain hours on Sundays in certain coun-
ties (Ga. Laws 1977, p. 844), as amended, so as to provide that said Act
shall be applicable in counties having a population of 550,000 or more,
according to the 1970 census, 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. An Act approved March 23,1977, authorizing the sale
of alcoholic beverages during certain hours on Sundays in certain
counties (Ga. Laws 1977, p. 844), as amended, is hereby amended by
striking from Section 1 thereof the figure 600,000 and inserting in
lieu thereof the figure 550,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
PROBATE COURT JUDGES OF CERTAIN COUNTIES
MAY ADMINISTER CERTAIN OATHS (600,000 OR
MORE) (550,000 OR MORE).
No. 169 (Senate Bill No. 280).
AN ACT
To amend an Act approved April 3,1972, authorizing the ordinary
(now probate judge) of certain counties to administer certain oaths
(Ga. Laws 1972, p. 3332), as amended, so as to provide that said Act
shall be applicable in counties having a population of 550,000 or more
according to the 1970 census, 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. An Act approved April 3, 1972, authorizing the
ordinary (now probate judge) of certain counties to administer certain
oaths (Ga. Laws 1972, p. 3332), as amended, is hereby amended by
striking the figure 600,000 and inserting in lieu thereof the figure
550,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
3287
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
PUTNAM COUNTYSMALL CLAIMS COURT CREATED.
No. 170 (Senate Bill No. 300).
AN ACT
To create and establish a Small Claims Court of Putnam County;
to provide for the initial judge; 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 such Small
Claims Court; to provide that the judge of said court shall be exempt
from jury duty in the Superior Court and any other court existing or
that may be created and established in Putnam County; 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 and compensation; to provide for the service of processes of
said court; 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 prescribe 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 validate certain acts; to provide for the continuation of
certain processes, actions, suits, and cases; to provide for the appoint-
ment of subsequent judges; to provide for other matters relative to
the foregoing; to provide for legislative intent; to provide for sever-
ability; to provide an effective date; to provide conditions for an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. There is hereby created and established a Small
Claims Court of Putnam County. Such court shall have civil jurisdic-
tion in cases ex contractu in which the demand or value of the
property involved does not exceed $3,000.00, said jurisdiction to be
concurrent with the jurisdiction of any other court or courts now or
hereafter established in Putnam 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 laws of the State of Georgia.
Section 2. (a) Any person appointed as a judge of the Small
Claims Court created by this Act must be a resident of Putnam
County, at least twenty-two years of age, and must be a person of
outstanding character and integrity.
(b) All other officers appointed to or employed by said court now
or hereafter provided must be at least twenty-one years of age and
must be residents of Putnam 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 Putnam County or any judge of a city court located in
Putnam 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 to 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 filing of a
statement of claim, including the last known address of the defend-
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. The judge or clerk may at the request of any individual,
GEORGIA LAWS 1981 SESSION
3289
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
in Putnam County by an official or person authorized by law to serve
process in the Superior Court or by a duly qualified bailiff of a Small
Claims Court; or by registered mail or certified with receipt; or by any
person not a party to or otherwise interested in the suit, especially
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,
verification and 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 on the record the
date and hour of mailing. 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 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 Post
Office 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 above provided, he
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 not to 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.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount.
3290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) Said notice shall provide the day and hour of the hearing,
which 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 mail, the date of mailing shall be the
date of service.
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
with the court the sum of $10.00, 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 be $10.00. 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 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 $10.00 for every such claim case. The same
practice and procedure shall apply in cases of illegal affidavits. All
attachment proceedings shall also be tried by the judge and without a
jury.
Section 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. 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 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, and all rules and regulations relating to pleading,
practice and procedure shall be liberally construed so as to administer
justice.
GEORGIA LAWS 1981 SESSION
3291
(c) If the plaintiff fails to appear, the suit may be dismissed for
want of prosecution, or 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, or 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 hereof 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, and 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 presiding in
Putnam 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 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 Putnam County, such bailiffs to
serve at the pleasure of the judge and under his discretion, and a
person so appointed shall be known and designated as Small Claims
Court Bailiff and have the powers and authority, and be subject to
the penalties, of all lawful constables of the State of Georgia, includ-
3292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing the power to serve any and all processes and writs issued from or
by said Small Claims Court; with power also to make levies and
conduct judicial sales, and account therefor, in the manner of lawful
constables. All such bailiffs shall, within five days from their appoint-
ment as such, take and subscribe the oath of office as prescribed in
Section 24-804 and give the bond prescribed in Section 24-811 of the
Code of Georgia and such bailiffs shall be subject to be ruled for
failure of duty or malfeasance in office as are other lawful constables
of this State. The sheriff of Putnam 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. Judgments of said Small Claims Court shall become
a lien on the real estate and personal property of a defendant, situated
in any county, from the time of the filing in the office of the clerk of
the Superior Court for said county, of an execution based upon such
judgment and the entry thereof 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 law for appeals from probate courts 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 rules of court, the
statement of claims, verification, and notice shall be in the following
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
__________________County, Georgia
___________________________Georgia
Plaintiff
Address
vs.
Defendant
GEORGIA LAWS 1981 SESSION
3293
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied, 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 for defendant or
plaintiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or Agent)
Sworn and subscribed before me
this_____day of___________, 19_
Notary Public
Notice.
TO:
Defendant
Home Address
Business Address
You are hereby notified that_______________has made a claim and
is requesting judgment against you in the sum of____________dollars
3294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
($______), 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
(Seal).
Section 18. (a) The judge of the Small Claims Court in Putnam
County who is serving on the effective date of this Act shall serve until
June 30,1981, and until his successor is appointed and qualified under
subsection (b).
(b) During the month of June, 1981, in which month expires the
term of office of the judge of the Small Claims Court in Putnam
County, and during the month of June each four years thereafter, it
shall be the duty of the members of the House of Representatives and
Senate whose respective districts are embraced or partly embraced
within Putnam County, meeting in caucus, to appoint a successor,
with the approval of the Governor, who shall take office on the first
day of July following his appointment to serve for four years and until
his successor is appointed and qualified. The judge of the Small
Claims Court shall be exempt from jury duty in any other court in
Putnam County.
GEORGIA LAWS 1981 SESSION
3295
Section 19. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act, shall be furnished by the Putnam
County Commissioners, and they shall also provide a suitable room in
the courthouse for the holding of said court.
Section 20. Said Small Claims Court having no designated
terms at stated periods, the judge thereof shall in each instance, set
dates for all hearings and trials in every kind of case, and also
designate the times when attachments and executions are returnable,
and, also designate the time when each answer to a summons of
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, 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, or by a lawful constable, or by a Small Claims
Court Bailiff, or by the judge of the Small Claims Court; or it may be
served by registered or certified mail, provided such service by mail is
evidenced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit, or to the writ of
attachment; provided further it shall be prima facie evidence of
service on the garnishee if the sealed envelope in which said summons
was mailed to the garnishee by registered or certified mail is returned
to sender by the United States Postal Authorities marked refused,
giving the date of refusal and be signed or initialed by a United States
Post Office employee or United States Mail Carrier to whom refusal
was made. Whenever served 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 or on the back
of a conformed copy of the original summons of garnishment which
was given to the garnishee, or such entry of service may be made on a
separate paper and attached to the said garnishment affidavit or the
writ of attachment, as the case may be.
Section 22. The judge of the Small Claims Court of Putnam
County shall have the power to impose fines of not more than $50.00
3296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or imprison for not longer than five days any person guilty of
contempt of court, such fines to be paid into the Putnam County
treasury or depository for county purposes.
Section 23. The fee of 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 Small Claims Court judge. The rate of commission on all
judicial sales shall be 10 per cent (10%) of the first $250.00 and 5 per
cent (5 %) on all sums over that amount, with a minimum of $5.00.
Section 24. All mesne and final processes and all actions, suits,
or cases which are pending in the Small Claims Court in Putnam
County as it exists on the effective date of this Act shall be continued
and shall be the same in the Small Claims Court of Putnam County
which is created by this Act.
Section 25. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Putnam County. It is the further
intent of the General Assembly that the court created by this Act
shall be a continuation of the heretofore existing Small Claims Court
in Putnam County as created by an Act approved March 24,1970 (Ga.
Laws 1970, p. 3423), which court shall stand abolished by action of the
General Assembly effective July 1,1981.
Section 26. 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 uncon-
stitutional 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 27. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating and establishing a Small Claims Court in
each county having a population of not less than 7,500 and not more
than 7,900 according to the official United States decennial census of
1960 or any future such census; 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,
GEORGIA LAWS 1981 SESSION
3297
substitutions and tenure of the office of the judge of such Small
Claims Court; to provide that the judge of said court shall be exempt
from jury duty in the Superior Court and any other court existing or
that may be created and established in the county wherein such judge
presides; 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 and compensation; to provide for the service
of processes of said court; 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
prescribe 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 the furnishing of certain law books
to said court; to provide for the validating of the acts of said court and
the proceedings therein; to provide for severability; to repeal conflict-
ing laws; and for other purposes., approved March 24,1970 (Ga. Laws
1970, p. 3423); to provide an effective date; to provide conditions for
the effective date; to repeal conflicting laws; and for other purposes.
does not pass the 1981 session of the General Assembly and is not
signed by the Governor or does not become law without his signature,
this Act shall be null and void and shall stand repealed in its entirety.
Section 28. 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 1981
session of the General Assembly of Georgia, a bill to create the Small
Claims Court of Putnam County; to provide for other matters relative
thereto; and for other purposes.
This the 22nd day of December, 1980.
Bobby E. Parham
3298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Eatonton Messenger which is the official organ
of Putnam County, on the following dates: January 1,8,15,1981.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
EVANS COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 171 (Senate Bill No. 302).
AN ACT
To amend an Act creating the Small Claims Court of Evans
County, approved February 11,1977 (Ga. Laws 1977, p. 2616), so as to
change the provisions relating to commencement of actions and
GEORGIA LAWS 1981 SESSION
3299
service; to change the provisions relating to costs; to delete the
provisions relating to jury trials; to change the provisions relating to
appeals; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Small Claims Court of Evans
County, approved February 11, 1977 (Ga. Laws 1977, p. 2616), is
hereby amended by striking subsections (b) through (g) of Section 6
in their entirety and substituting in lieu thereof new subsections (b)
through (f) to read as follows:
(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 30 days
from tbe date of the service of said notice.
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:
3300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8. (a) The plaintiff, when he files his claim, shall deposit
with the court a sum, in accordance with the schedule set forth in
subsection (b) of this section, 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.
(b) The sum to be deposited by the plaintiff with the court shall
be as follows:
When the amount of the claim is: The deposit shall be:
Up to $500 .............................................$ 10.00
Over $500 but not over $1,000 .......................... 15.00
Over $1,000 but not over $1,500 ........................ 20.00
Over $1,500 but not over $2,000 ........................ 25.00
Over $2,000............................................. 30.00
(c) 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 deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
Section 3. Said Act is further amended by striking Section 15,
which reads as follows:
Section 15. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded, such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and the defendant having three
GEORGIA LAWS 1981 SESSION
3301
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.,
in its entirety.
Section 4. Said Act is further amended by striking Section 17 in
its entirety and substituting in lieu thereof a new Section 17 to read as
follows:
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 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of Evans County, approved
February 11,1977 (Ga. Laws 1977, p. 2616); and for other purposes.
This 19th day of January, 1981.
Norman DeLoach
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joseph E. Kennedy who, on oath,
deposes and says that he is Senator from the 4th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Claxton Enterprise which is the official organ of
Evans County, on the following dates: January 22,29, and February 5,
1981.
3302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Joseph E. Kennedy
Senator,
4th District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
NEWTON COUNTYINDUSTRIAL DEVELOPMENT
AUTHORITY ACT AMENDED.
No. 172 (Senate Bill No. 303).
AN ACT
To provide additional powers, duties, rights, obligations, and
responsibilities for the Newton County Industrial Development
Authority; to provide for other matters relative thereto; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Newton County Industrial Development Author-
ity, created by an amendment to the Constitution which was ratified
at the general election held in 1964 and which is set out in Georgia
Laws 1964, pp. 825 through 831, is hereby given the same rights,
powers, privileges, exemptions, and immunities as a development
authority within the meaning of an Act known as the Development
Authorities Law, approved March 28,1969 (Ga. Laws 1969, p. 137),
GEORGIA LAWS 1981 SESSION
3303
as now or hereafter amended. In such capacity and within the
meaning of the Development Authorities Law, the Newton County
Industrial Development Authority is authorized to undertake and
carry out any project and exercise any power as any development
authority subject to the provisions of the Development Authorities
Law. For such purposes, the definition of project and the duties,
rights, responsibilities, and obligations of a development authority, as
set forth in the Development Authorities Law, as now or hereafter
amended, are incorporated into this Act by reference and are made
fully applicable to the Newton County Industrial Development
Authority.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
State of Georgia
Newton County.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to change the
powers of the Newton County Industrial Development Authority, and
for other purposes.
This 12th day of January, 1981.
W. D. Ballard
Senator,
45th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. D. Ballard who, on oath, deposes
and says that he/she is Senator from the 45th District, and that the
3304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 15,22,29,1981.
/s/ W. D. Ballard
Senator,
45th District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Alice E. Hoge
Notary Public, Georgia State at Large.
My Commission Expires March 21, 1982.
(Seal).
Approved April 6,1981.
NEWTON COUNTYCOMPENSATION OF NAMED
OFFICIALS.
No. 174 (Senate Bill No. 314).
AN ACT
To provide for a change in the compensation of the Sheriff, the
Tax Commissioner, the Judge of the Probate Court, the Clerk of the
Superior Court and the Chairman of the Board of Commissioners of
Newton County to reflect increases in the cost of living; to define
certain terms; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3305
Section 1. As used in this Act, the following words or phrases
shall have the following meanings:
(a) General law means any of the following Acts of the General
Assembly:
(1) an Act providing a schedule of minimum salaries for the
tax collectors and tax commissioners of the various counties
within the State of Georgia, approved March 31, 1976 (Ga. Laws
1976, p. 988), as now or hereafter amended;
(2) an Act providing a schedule of minimum salaries for the
sheriffs of the various counties within the State of Georgia,
approved April 2,1971 (Ga. Laws 1971, p. 380), as now or hereafter
amended;
(3) an Act providing a schedule of minimum salaries for the
clerks of the superior courts of the various counties within the
State of Georgia, approved March 30, 1973 (Ga. Laws 1973, p.
256), as now or hereafter amended;
(4) an Act providing a schedule of minimum salaries for the
judges of the probate courts of the various counties within the
State of Georgia, approved March 21, 1974 (Ga. Laws 1974, p.
455), as now or hereafter amended.
(b) Newton County officers means the Sheriff, the Tax Com-
missioner, the Judge of the Probate Court, the Clerk of the Superior
Court and the Chairman of the Board of Commissioners of Newton
County.
Section 2. (a) On and after the effective date of this Act, each
Newton County officer shall receive an annual salary which shall be
equal to the highest minimum annual salary, including increases
based on years of service, established by any general law for any
county officer of Newton County. Such salaries shall be paid in equal
monthly installments from the funds of Newton County.
(b) Each Newton County officer shall also be entitled to any
expenses, other than salary, provided by local law.
Section 3. It is the intent of this Act to provide a salary system
for certain officers of Newton County in order to reflect increases in
the cost of living.
3306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
State of Georgia
County of Newton.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to provide for
the equalization of salaries of the Newton County officials, same
being the Chairman of the Board of County Commissioners, Clerk of
the Superior Court, Tax Commissioner, Sheriff, and Judge of Probate
Court, and for other purposes.
This 10th day of January, 1981.
W. D. Ballard
Senator,
45th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. D. Ballard who, on oath, deposes
and says that he/she is Senator from the 45th 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 15,22,29,1981.
GEORGIA LAWS 1981 SESSION
3307
/s/ W. D. Ballard
Senator,
45th District
Sworn to and subscribed before me,
this 12th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
ALCOHOLIC BEVERAGESSALE IN CERTAIN
COUNTIES (400,000 - 600,000)
(400,000 - 500,000).
No. 175 (Senate Bill No. 332).
AN ACT
To amend an Act approved April 24, 1975 (Ga. Laws 1975, p.
4535), providing for the sale of alcoholic beverages in certain counties
of this state having a population of not less than 400,000 and not more
than 600,000 according to the United States decennial census of 1970
or any future such census, so as to change the provisions relative to
population; 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 approved April 24, 1975 (Ga. Laws 1975, p.
4535), providing for the sale of alcoholic beverages in certain counties
of this state having a population of not less than 400,000 and not more
3308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
than 600,000 according to the United States decennial census of 1970
or any future such census, is hereby amended by striking from the
caption and Section 1 of said Act the figure 600,000, and inserting
in lieu thereof the figure 500,000.
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 April 6,1981.
STATE COURTSCOMPENSATION OF SOLICITORS
IN CERTAIN COUNTIES (300,000 - 600,000)
(300,000 - 500,000).
No. 177 (Senate Bill No. 334).
AN ACT
To amend an Act approved April 3,1972 (Ga. Laws 1972, p. 3663),
fixing the compensation of the solicitor of the state court of counties
having a population of not less than 300,000 or more than 600,000
according to the United States decennial census of 1970 or any future
such census, so as to change the provisions relative to population; 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 approved April 3, 1972 (Ga. Laws 1972, p.
3663), fixing the compensation of the solicitor of the state court of
counties having a population of not less than 300,000 or more than
600,000 according to the United States decennial census of 1970 or
any future such census, is hereby amended by striking from the
caption and Section 1 of said Act the figure 600,000, and inserting
in lieu thereof the figure 500,000.
GEORGIA LAWS 1981 SESSION
3309
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 April 6,1981.
COUNTY BOARDS OF REGISTRATION AND ELECTIONS
IN CERTAIN COUNTIES (350,000 - 600,000)
(350,000 - 500,000).
No. 179 (Senate Bill No. 336).
AN ACT
To amend an Act approved March 13, 1978 (Ga. Laws 1978, p.
3677), as amended, particularly by an Act approved March 26, 1980
(Ga. Laws 1980, p. 4001), providing for a board of registration and
elections in certain counties having a population of not less than
350,000 and not more than 600,000 according to the United States
decennial census of 1970 or any future such census, so as to change the
provisions relative to population; 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 approved March 13,1978 (Ga. Laws 1978, p.
3677), as amended, particularly by an Act approved March 26, 1980
(Ga. Laws 1980, p. 4001), providing for a board of registration and
elections in certain counties having a population of not less than
350,000 and not more than 600,000 according to the United States
decennial census of 1970 or any future such census, is hereby
amended by striking from Section 1 of said Act the figure 600,000,
and inserting in lieu thereof the figure 500,000.
3310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 April 6,1981.
ZONING OF ANNEXED LAND BY MUNICIPALITIES
IN CERTAIN COUNTIES (400,000 - 600,000)
(400,000 - 500,000).
No. 180 (Senate Bill No. 337).
AN ACT
To amend an Act approved April 14, 1971 (Ga. Laws 1971, p.
4114), prohibiting municipalities in certain counties of this state
having a population of not less than 400,000 nor more than 600,000
according to the United States decennial census of 1970 or any future
such census, from rezoning annexed land, so as to change the provi-
sions relative to population; 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 approved April 14, 1971 (Ga. Laws 1971, p.
4114), prohibiting municipalities in certain counties of this state
having a population of not less than 400,000 nor more than 600,000
according to the United States decennial census of 1970 or any future
such census, from rezoning annexed land, is hereby amended by
striking from the caption and Section 1 of said Act the figure
600,000, and inserting in lieu thereof the figure 500,000.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
3311
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
MILLEDGEVILLE PUBLIC FACILITIES AUTHORITY.
No. 183 (Senate Bill No. 345).
AN ACT
To create a body corporate and politic and an instrumentality of
the State of Georgia to be known as the Milledgeville 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 Milledgeville for its governmental,
proprietary, and administrative functions; to authorize the governing
authority of the City of Milledgeville 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 Mill-
edgeville to enter into contracts and leases pertaining to the use of
such facilities, which contracts and 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 Milledgeville within the meaning of Article IX,
Section VII, Paragraph I of the Constitution of the State of Georgia
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, 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 author-
3312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ity 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 authoritys operations; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Milledgeville Public Facilities Authority created.
There is hereby created a public body corporate and politic to be
known as the the Milledgeville 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 Milledgeville for its
governmental, proprietary, and administrative functions; and the
City of Milledgeville 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
Code Chapter 87-1 A, the Georgia State Financing and Investment
Commission Act, codified in Ga. Code Ann., Ch. 87-1A. The
authority shall have its principal office in Baldwin County, and its
legal situs or residence for the purpose of this chapter shall be
Baldwin 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 governing authority of the City of Milledgeville. The
members of said governing authority of the City of Milledgeville 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
GEORGIA LAWS 1981 SESSION
3313
shall be elected for terms of four years. Any vacancy on the authority
shall be filled for the unexpired term by the governing authority of
the city. Immediately after their election, the members of the author-
ity shall enter upon their duties. The authority shall elect one of its
members as chairman and one as vice-chairman. The secretary of the
authority shall be the secretary of the governing authority of the City
of Milledgeville. 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 reim-
bursed 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 exis-
tence.
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) Authority means the Milledgeville Public Facilities
Authority created hereby.
(2) Project means and includes real and personal prop-
erty acquired or held by the authority for one or a combination of
two or more of the following undertakings: buildings and facilities
intended for use as a city hall, jail, police department, fire depart-
ment, administrative office, governmental offices, proprietary and
utility offices, stadia and sports and recreation facilities, parking
facilities, 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 Milledgeville in
the performance of its governmental, proprietary, and administra-
tive functions.
(3) Cost of project includes 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, account-
3314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing, engineering, inspection, administrative, fiscal, and legal
expenses; expenses incident to determining the feasibility or
practicability of the project; and expenses incident to the acquir-
ing, constructing, equipping, and operating of any project or any
part thereof, to the placing of the same in operation, and to the
condemnation of any property incident to such construction and
operation.
(4) Revenue bonds means 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
and corporations contracts, leases, rental agreements, and other
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
Milledgeville; and, without limiting the generality of the forego-
ing, authority is specifically granted to the City of Milledgeville 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 Milledgeville 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 under-
taking to pay the cost of maintaining, repairing, and operating the
property furnished by and leased from the authority. The sums
GEORGIA LAWS 1981 SESSION
3315
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 condemna-
tion of property for public use, including the power to proceed as a
condemning body under the provisions of an Act approved March
13, 1957 (Ga. Laws 1957, p. 387), as amended, 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 jurisdic-
tion 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 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 Milledgeville, the
governing authority of the City of Milledgeville is hereby autho-
rized 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 Milledgeville, 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.
3316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) To appoint and select agents, engineers, architects,
attorneys, fiscal agents, accountants, and employees and to pro-
vide 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 contri-
bution, 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, includ-
ing 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.
(10) To borrow money for any of its corporate purposes and
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 con-
flict with the Constitution and laws of this state.
(12) Pursuant to proper resolution of the authority to issue
revenue bonds payable from the rents and revenues of the author-
ity and its projects, to provide funds for carrying out the purposes
of the authority. Such 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 conver-
sion privileges as the authority may provide, for the purpose of
GEORGIA LAWS 1981 SESSION
3317
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 proce-
dure 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., Sec. 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.
Section 5. Credit not pledged and debt not created by bonds.
Revenue bonds issued under the provisions thereof shall not consti-
tute a debt or a pledge of the faith and credit of the State of Georgia or
the City of MiUedgeville; 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 issu-
ance 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 equita-
ble, 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 city 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
3318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
incurred under this section, and from any other source; and the
obligation to make such payments shall constitute a general obliga-
tion 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 Article IX,
Section VII, Paragraph I of the Constitution of the State of Georgia;
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 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 accom-
plish 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.
GEORGIA LAWS 1981 SESSION
3319
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 outstand-
ing 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 Baldwin County, Georgia; and any
action pertaining to validation of any bonds issued under the provi-
sions 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, 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 Baldwin 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.
3320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 author-
ity 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 extra-
ordinary 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 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 con-
tained 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 inden-
ture 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 com-
mencement of rental payments to the authority prior to the comple-
GEORGIA LAWS 1981 SESSION
3321
tion 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 mainte-
nance, 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 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 authoritys 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
211
3322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
trust instrument pertaining to such bonds. 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 issuance 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 author-
ity 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 exemp-
tion 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 corpora-
tions 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
GEORGIA LAWS 1981 SESSION
3323
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.
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 authoritys
operation shall be limited to the territory embraced within the
boundaries of the City of Milledgeville 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 Milledgeville; or title to any such property
may be conveyed prior to such dissolution in accordance with provi-
sions which may be made therefor in any resolution or trust instru-
ment 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 laws in conflict with
this Act are hereby repealed.
3324 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
1981 session of the Georgia General Assembly a bill to create a body
corporate and politic and an instrumentality of the State of Georgia
to be known as the Milledgeville Public Facilities Authority; and for
other purposes.
This 30th day of January, 1981.
/s/ 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 Union Recorder which is the official organ of
Baldwin County, on the following dates: January 30, February 6,13,
1981.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3325
HANCOCK COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 184 (Senate Bill No. 350).
AN ACT
To amend an Act creating the Small Claims Court of Hancock
County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as
amended, so as to change the provisions relating to costs in garnish-
ment cases; 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 Hancock
County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as
amended, is hereby amended by adding after the first sentence of
subsection (a) of Section 8 a new sentence to read as follows:
The costs in cases of continuing garnishment shall be $70.00 plus
the cost of service.,
so that when so amended subsection (a) shall read as follows:
(a) The plaintiff, when he files his claim, shall deposit with the
court the sum of $10.00, 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 be $10.00. The costs in cases
of continuing garnishment shall be $70.00 plus the cost of service. 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 costs, as between the parties,
shall be according to the discretion of the judge and shall be taxed in
the cause at his discretion.
3326 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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the Small Claims Court of Hancock County, approved
March 24,1976 (Ga. Laws 1976, p. 3263), as amended; and for other
purposes.
This 29th day of January, 1981.
/s/ 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 Sparta Ishmaelite which is the official organ of
Hancock County, on the following dates: January 29, February 5,12,
1981.
/s/ Culver Kidd
Senator,
25th District
GEORGIA LAWS 1981 SESSION
3327
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
HABERSHAM COUNTY WATER AND SEWERAGE
AUTHORITY.
No. 185 (Senate Bill No. 351).
AN ACT
To create the Habersham 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
impose duties on the authority; to provide for the membership and
the appointment of members of the authority and their terms of
office, qualifications, duties, powers, method of filling vacancies,
compensation, and expenses; to authorize the authority to contract
with others pertaining to water and sewer utilities and facilities and
to contract with others pertaining to the use of the utilities and
facilities of the authority and to execute leases and do all things
necessary or convenient for the operation of such undertakings or
projects; to authorize the issuance of revenue bonds of the authority
3328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
payable from the revenues, tolls, fees, charges, and earnings of the
authority and to pay the cost of such undertaking or project and
authorize the collection and pledging of the revenues and earnings of
the authority for the payment of such bonds; to authorize the
execution of resolutions and trust indentures to secure the payment
thereof and to define the rights of the holders of such obligations; to
provide that no debt of Habersham County shall be incurred in the
exercise of any of the powers granted by this Act; to make the bonds of
the authority exempt from taxation; to authorize the authority to
condemn property of every kind; to authorize the issuance of funding
and refunding bonds; to fix and provide the venue and jurisdiction of
actions relating to any provisions of this Act; to provide for the
validation of bonds; to provide for the separate enactment of each
provision of this Act; to provide for other matters relative to the
foregoing; to repeal an Act approved December 11, 1953 (Ga. Laws
1953, p. 2460), creating the Habersham Water Authority, as 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. Short title. This Act shall be known and may be cited
as the Habersham County Water and Sewerage Authority Act.
Section 2. Habersham County Water and Sewerage Authority,
(a) There is hereby created a body corporate and politic, to be known
as the Habersham County Water and Sewerage Authority, which
shall be deemed to be a political subdivision of the State of Georgia
and a public corporation and by that name, style, and title said body
may contract and be contracted with, sue and be sued, implead and be
impleaded, and complain and defend in all courts of law and equity.
The authority shall have perpetual existence.
(b) The membership of the authority shall be composed as
follows: one member shall be the chairman of the board of commis-
sioners of Habersham County; one member shall be the chairman of
the Habersham County Industrial Authority; and one member shall
be appointed from each of the municipalities of Alto, Baldwin,
Clarkesville, Cornelia, Demorest, and Mount Airy by the respective
governing authorities of said municipalities. With the exception of
the posts occupied by the chairman of the board of commissioners of
Habersham County and the chairman of the Habersham County
Industrial Authority, the terms of the initial members of the author-
GEORGIA LAWS 1981 SESSION
3329
ity shall be as follows: the members representing the municipalities
of Alto and Baldwin shall be appointed for a term of office expiring
June 1, 1981; the members representing the municipalities of
Clarkesville and Cornelia shall be appointed for a term of office
expiring June 1,1982; and the members representing the municipali-
ties of Demorest and Mount Airy shall be appointed for a term of
office expiring June 1, 1983. The initial members of the authority
shall take office immediately upon their appointment and qualifica-
tion and shall serve until their respective successors are duly
appointed and qualified. Successors shall be appointed by the
appropriate governing authority in the month of May immediately
preceding the expiration of a members term of office and such
successor shall take office on the first day of June for a term of five
years and until his respective successor is duly appointed and quali-
fied. Any member of the authority may be selected and appointed to
succeed himself. Immediately after such appointments the members
of such authority shall enter upon their duties. The members of the
authority shall be entitled to reimbursement for their actual expenses
necessarily incurred in the performance of their duties. The author-
ity shall have the power to establish bylaws and to promulgate and
adopt rules and regulations necessary or desirable for the manage-
ment and operation of the authority.
(c) To be eligible for appointment as a member of the authority,
a person shall be at least 21 years of age, a resident of the municipality
he is to represent for at least one year prior to the date of his
appointment, and shall not have been convicted of a felony.
(d) The members of the authority shall elect one of their number
as chairman. Also, the members of the authority shall elect one of
their number as vice chairman and shall also elect a secretary, who
need not be a member of the authority, and may also elect a treasurer,
who need not be a member of the authority. The secretary may also
serve as treasurer. If the secretary and the treasurer are not members
of the authority, such officers shall have no voting rights. Each of
such officers shall serve for a period of one year and until their
successors are duly elected and qualified. The chairman of the
authority shall not be entitled to vote upon any issue, motion, or
resolution, except in the case of a tie vote of the other members voting
on said motion, resolution, or question.
(e) Five 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.
3330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) In the event of a vacancy by reason of death, disqualification,
resignation, or other reason, the governing body of Habersham
County or the appropriate governing authority from the municipality
whose representation is affected by the vacancy shall select and
appoint a qualified person to fill the unexpired term of the member
whose position has been vacated. A vacancy shall exist in the office of
any member of the authority who is convicted of a felony or who
enters a plea of nolo contendere thereto; who is convicted of a crime
involving moral turpitude or who enters a plea of nolo contendere
thereto; who moves his residence from the municipality which he
represents; who is convicted of any act of misfeasance, malfeasance,
or nonfeasance of his duties as a member of the authority; or who fails
to attend any regular or special meeting of the authority for a period
of six months without excuse approved by a resolution of the author-
ity.
(g) All meetings of the authority, regular or special, shall be open
to the public. The authority may hold public hearings on its own
initiative or at the request of residents of Habersham County or
residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have directly
or indirectly any financial interest, profit, or benefit in any contract,
work, or business of the authority nor in the sale, lease, or purchase of
any property to or from the authority.
Section 3. Definitions. As used in this Act, the following words
and terms shall have the following meanings:
(1) The word authority shall mean the Habersham
County Water and Sewerage Authority created by this Act.
(2) The word project shall be deemed to mean and
include the acquisition, construction, and equipping of water
facilities for obtaining one or more sources of water supply, the
treatment of water, and the distribution and sale of water to users
and consumers, including, but not limited to, the State of Georgia
and counties and municipalities for the purpose of resale, within
and without the territorial boundaries of Habersham County, and
the operation, maintenance, additions, improvements, and exten-
sions 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 pro-
GEORGIA LAWS 1981 SESSION
3331
ject shall also mean and include the acquisition, construction,
and equipping of all necessary and usual facilities useful and
necessary for the gathering of waste matter of every type, includ-
ing both individual and industrial, and the treatment of sewage of
any and every type, including, but not limited to, the acquisition
and construction of treatment plants, ponds, and lagoons, within
and without the territorial boundaries of Habersham County, and
the operation, maintenance, additions, improvements, and exten-
sions of such facilities so as to assure an adequate sewerage system
deemed by the authority necessary for the efficient operation of a
sanitary and storm sewer system. Said water facilities and said
sewerage facilities, at the discretion of the authority, may be
combined at any time into a water and sewerage system as one
revenue-producing undertaking and operated and maintained as
such.
(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 con-
struction and for one year after completion of construction; the
cost of engineering, architectural, fiscal agents, and legal
expenses, and of plans and specifications, and other expenses
necessary or incident to determining the feasibility or practica-
bility of the project, administrative expenses, and such other
expenses as may be necessary or incident to the financing herein
authorized; the cost of the acquisition or construction of any
project; the cost of placing of any project in operation; and the cost
of condemnation of property necessary for such construction and
operation. Any obligation or expense incurred for any of the
foregoing purposes shall be regarded as a part of the cost of the
project and may be paid or reimbursed as such out of the proceeds
of revenue bonds issued under the provisions of this Act for such
project.
(4) The terms revenue bonds and bonds as used in this
Act shall mean revenue bonds as defined and provided in the
Revenue Bond Law (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 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.
3332 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 costs of operat-
ing, maintaining, repairing, improving, and extending the project
and to pay the principal of and interest on the revenue bonds
which may be issued to finance, in whole or in part, the cost of such
project or projects.
Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real and personal property of every kind and
character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, or by
condemnation in accordance with the provisions of any and all
existing laws applicable to the condemnation of property for
public use, real property or rights or easements therein, or fran-
chises 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 provi-
sions of this Act upon which any lien or other encumbrance exists
unless at the time such property is so acquired a sufficient sum of
money be deposited in trust to pay and redeem the fair value of
such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural, and construction
experts, fiscal agents, and attorneys and fix their respective
compensations;
GEORGIA LAWS 1981 SESSION
3333
(5) To make contracts and leases and to execute all instru-
ments necessary or convenient, including contracts for construc-
tion of projects and leases of projects or contracts with respect to
the use of projects which it causes to be constructed, erected, or
acquired. Any and all persons, firms, and corporations and any
and all political subdivisions, departments, institutions, or agen-
cies 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 foregoing, authority is specifically granted to
municipal corporations, counties, and other political subdivisions
and to the authority to enter into contracts, lease agreements, or
other undertakings relating to the furnishing of water and related
services and facilities by the authority to such municipal corpora-
tions, counties, and political subdivisions or for the purchase of
water by the authority therefrom for a term not exceeding 50
years, and also to enter into contracts, lease agreements, or other
undertakings relative to the gathering of waste matter and the
treatment of waste matter and sewage by the authority for such
municipal corporations, counties, and political subdivisions or by
such municipal corporations, counties, or political subdivisions for
the authority. Likewise, without limiting the generality of the
above and foregoing, the same authority above granted to munici-
pal corporations, counties, political subdivisions, and to the
authority relative to entering into contracts, lease agreements, or
other undertakings is hereby authorized between the authority
and private corporations, both within and without the State of
Georgia, and between the authority and public bodies including
counties and cities outside the State of Georgia;
(6) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage pro-
jects, as hereinabove defined, the cost of any such project to be
paid in whole or in part from the proceeds of revenue bonds of the
authority or from such proceeds and any grant or contribution
from the United States of America or any agency or instrumental-
ity thereof or from the State of Georgia or any agency or instru-
mentality thereof;
(7) To accept loans and grants of money or materials or
property of any kind from the United States of America or any
agency or instrumentality thereof upon such terms and conditions
as the United States of America or such agency or instrumentality
may require;
3334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) To accept loans and grants of money or materials or
property of any kind from the State of Georgia or any agency or
instrumentality or political subdivision thereof upon such terms
and conditions as the State of Georgia or such agency or instru-
mentality or political subdivision may require;
(9) To borrow money for any of its corporate purposes and
to issue negotiable revenue bonds payable solely from funds
pledged for that purpose and to provide for the payment of the
same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private
corporations performing similar functions, including the power to
make short-term loans and approve, execute, and deliver appro-
priate evidence of such indebtedness, provided no such power is in
conflict with the Constitution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the
powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or
body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall
have power and is 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 of and interest on such revenue bonds
shall be payable solely from the special fund hereby provided for such
payment. The bonds of each issue shall be dated, shall bear interest
at such rate or rates per annum, payable at such time or times, shall
mature at such time or times not exceeding 40 years from their date or
dates, shall be payable in such medium of payment as to both
principal and interest as may be determined by the authority, and
may be redeemable before maturity, at the option of the authority, at
such price or prices and under such terms and conditions as may be
fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; form; denomination; registration; place of
payment. The authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of payment of principal and interest thereon, which may be at
any bank or trust company within or without the state. The bonds
GEORGIA LAWS 1981 SESSION
3335
may be issued in coupon or registered form, or both, as the authority
may determine; and provision may be made for the registration of any
coupon bond as to principal alone and also as to both principal and
interest.
Section 7. Same; signatures; seal. In case any officer whose
signature shall appear on any bonds or whose facsimile signature shall
appear on any coupon shall cease to be such officer before the delivery
of such bonds, such signature shall nevertheless be valid and suffi-
cient for all purposes the same as if such officer had remained in office
until such delivery. All such bonds shall be signed by the chairman of
the authority and the official seal of the authority shall be affixed
thereto and attested by the secretary of the authority and any
coupons attached thereto shall bear the facsimile signatures of the
chairman and the secretary of the authority. Any coupon may bear
the facsimile signatures of such persons and any bond may be signed,
sealed, and attested on behalf of the authority by such persons as at
the actual time of the execution of such bonds shall be duly autho-
rized or hold the proper office, although at the date of such bonds
such person may not have been so authorized or shall not have held
such office.
Section 8. Same; negotiability; exemption from taxation. All
revenue bonds issued under the provisions of this Act shall have and
are hereby declared to have all the qualities and incidents of negotia-
ble instruments under the laws of this state. Such bonds, their
transfer, and the income therefrom shall be exempt from all taxation
within the state.
Section 9. Same; sale; price; proceeds. The authority may sell
such bonds in such manner and for such price as it may determine to
be for the best interest of the authority. The proceeds derived from
the sale of such bonds shall be used solely for the purpose or purposes
provided in the resolutions and proceedings authorizing the issuance
of such bonds.
Section 10. Same; interim receipts and certificates or temporary
bonds. Prior to the preparation of any definitive bonds, the authority
may, under like restrictions, issue interim receipts, interim certifi-
cates, or temporary bonds, with or without coupons, exchangeable for
definitive bonds upon the issuance of the latter.
3336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. Same; replacement of lost or mutilated bonds. The
authority may provide for the replacement of any bonds or coupons
which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such
revenue bonds may be issued without any other proceedings or the
happening of any other conditions or things other than those proceed-
ings, conditions, and things which are specified or required by this
Act. In the discretion of the authority, revenue bonds of a single issue
may be issued for the purpose of any particular project. Any
resolution providing for the issuance of revenue bonds under the
provisions of this Act shall become effective immediately upon its
passage and need not be published or posted, and any such resolution
may be passed at any regular or special meeting of the authority by a
majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under
the provisions of this Act shall not be deemed to constitute a debt of
Habersham County nor a pledge of the faith and credit of said county;
but such bonds shall be payable solely from the fund hereinafter
provided for and the issuance of such revenue bonds shall not
directly, indirectly, or contingently obligate said county to levy or to
pledge any form of taxation whatever therefor or to make any
appropriation for their payment. All such bonds shall contain recitals
on their face covering substantially the foregoing provisions of this
section.
Section 14. Trust indenture as security. In the discretion of the
authority, any issuance of such revenue bonds may be secured by a
trust indenture by and between the authority and a corporate trustee,
which may be any trust company or bank having the powers of a trust
company within or without the state. Such trust indenture may
pledge or assign fees, tolls, revenues, and earnings to be received by
the authority. Either the resolution providing for the issuance of
revenue bonds or such trust indenture may contain such provisions
for the protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the authority in
relation to the acquisition of property, the construction of the project,
the maintenance, operation, repair, and insuring of the project, and
the custody, safeguarding, and application of all moneys, and may
also provide that any project shall be constructed and paid for under
the supervision and approval of consulting engineers or architects
GEORGIA LAWS 1981 SESSION
3337
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 addi-
tion 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 mainte-
nance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. In the
resolution providing for the issuance of revenue bonds or in the trust
indenture, the authority shall provide for the payment of the pro-
ceeds of the sale of the bonds to any officer or person who, or any
agency, bank, or trust company which, shall act as trustee of such
funds and shall hold and apply the same to the purposes hereof,
subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings
derived from any particular project or projects, regardless of whether
or not such fees, earnings, and revenues were produced by a particular
project for which bonds have been issued unless otherwise pledged
and allocated, may be pledged and allocated by the authority to the
payment of the principal and interest on revenue bonds of the
authority as the resolution authorizing the issuance of the bonds or
the trust instrument may provide. Such funds so pledged from
whatever source received, including funds received from one or more
or all sources, shall be set aside at regular intervals as may be
provided in the resolution or trust indenture into a sinking fund
which shall be pledged to and charged with the payment of (1) the
interest upon such revenue bonds as such interest shall fall due, (2)
the principal of the bonds as the same shall fall due, (3) the necessary
charges of paying agent for paying principal and interest and other
3338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
investment charges, and (4) any premium upon bonds retired by call
or purchase as hereinabove provided. The use and disposition of such
sinking fund shall be subject to such regulations as may be provided
in the resolution authorizing the issuance of the revenue bonds or in
the trust indenture but, except as may otherwise be provided in such
resolution or trust indenture, such sinking fund shall be maintained
as a trust account for the benefit of all revenue bonds without
distinction or priority of one over another. Subject to the provisions
of the resolution authorizing the issuance of the bonds or in the trust
indenture, any surplus moneys in the sinking fund may be applied to
the purchase or redemption of bonds and any such bonds so pur-
chased or redeemed shall forthwith be canceled and shall not again be
issued.
Section 17. Remedies of bondholders. Any holder of revenue
bonds issued under the provisions of this Act or any of the coupons
appertaining thereto and the trustee under the trust indenture, if any,
except to the extent the rights herein given may be restricted by
resolution passed before the issuance of the bonds or by the trust
indenture, may, either at law or in equity, by suit, action, mandamus,
or other proceedings, protect and enforce any and all rights under the
laws of the State of Georgia or granted hereunder or under such
resolution or trust indenture and may enforce and compel perfor-
mance 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 autho-
rized to provide by resolution for the issuance of bonds of the
authority for the purpose of funding or refunding any revenue bonds
issued under the provisions of this Act and then outstanding, together
with accrued interest thereon and premium, if any. The issuance of
such funding or refunding bonds, the maturities and all other details
thereof, the rights of the holders thereof, and the duties of the
authority in respect to the same shall be governed by the foregoing
provisions of this Act insofar as the same may be applicable.
Section 19. Validation. Bonds of the authority shall be con-
firmed and validated in accordance with the procedure of the Reve-
nue 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 instrumen-
GEORGIA LAWS 1981 SESSION
3339
tality of the State of Georgia which has contracted with the authority
for the services and facilities of the project for which bonds are to be
issued and sought to be validated and the state or such municipality,
county, authority, political subdivision, or instrumentality shall be
required to show cause, if any exists, why such contract or contracts
and the terms and conditions thereof should not be inquired into by
the court and the contract or contracts adjudicated as a part of the
basis for the security for the payment of any such bonds of the
authority. The bonds when validated and the judgment of validation
shall be final and conclusive with respect to such bonds and the
security for the payment thereof and interest thereon and against the
authority issuing the same and the state and any municipality,
county, authority, political subdivision, or instrumentality, if a party
to the validation proceedings, contracting with the said Habersham
County Water and Sewerage Authority.
Section 20. Venue and jurisdiction. Any action to protect or
enforce any rights under the provisions of this Act or any suit or
action against such authority shall be brought in the Superior Court
of Habersham County, Georgia; and any action pertaining to valida-
tion of any bonds issued under the provisions of this Act shall likewise
be brought in said court which shall have exclusive, original jurisdic-
tion of such actions.
Section 21. Interest of bondholders protected. While any of the
bonds issued by the authority remain outstanding, the powers, duties,
or existence of said authority or its officers, employees, or agents shall
not be diminished or impaired in any manner that will affect
adversely the interests and rights of the holders of such bonds. No
other entity, department, agency, or authority will be created which
will compete with the authority to such an extent as to affect
adversely the interest and rights of the holders of such bonds, nor will
the state itself so compete with the authority. The provisions of this
Act shall be for the benefit of the authority and the holders of any
such bonds and, upon the issuance of bonds under the provisions
hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys
received pursuant to the authority of this Act, whether as proceeds
from the sale of revenue bonds, as grants or other contributions, or as
revenue, income, fees, and earnings shall be deemed to be trust funds
to be held and applied solely as provided in this Act.
3340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 23. Purpose of the authority. Without limiting the
generality of any provision of this Act, the general purpose of the
authority is declared to be that of acquiring an adequate source or
sources of water supply, treatment of such water, and thereafter the
distribution of the same to the various municipalities and citizens in
Habersham County and environs, including adjoining counties and
municipalities located therein, and further for the general purpose of
gathering and treatment of waste, both individual and industrial; but
such general purpose shall not restrict the authority from selling and
delivering water directly to consumers in those areas where there does
not now exist water distribution systems or furnishing sewer facilities
to such customers and areas where neither any county nor municipal-
ity deems it desirable or feasible to furnish water in such locality.
The authority shall also have the authority, where it deems it
feasible, to sell its products and services to customers, governmental
agencies, or governmental instrumentalities of adjoining states, pro-
viding the laws of the adjoining states do not prohibit or tax said
activity.
The authority shall not have the authority to construct water lines
for the distribution of water directly to customers within any munici-
pality without first obtaining the express written consent of the
appropriate governing bodies of said municipality and, likewise, the
authority shall not have the authority to construct sewer lines for the
collection of waste and sewage directly to customers within any
municipality without first obtaining the express written consent of
the appropriate governing body of said municipality.
Section 24. Rates, charges, and revenues; use. The authority is
hereby authorized to prescribe and fix rates and to revise same from
time to time and to collect fees, tolls, and charges for the services,
facilities, and commodities furnished and, in anticipation of the
collection of the revenues of such undertaking or project, to issue
revenue bonds as herein provided to finance, in whole or in part, the
cost of the acquisition, construction, reconstruction, improvement,
betterment, or extension of a water system, a sewerage system, or a
combined water and sewerage system, and to pledge to the punctual
payment of said bonds and interest thereon, all or any part of the
revenues of such undertaking or project, including the revenues of
improvements, betterments, or extensions thereto thereafter made.
GEORGIA LAWS 1981 SESSION
3341
Section 25. Rules and regulations for operation of projects. It
shall be the duty of the authority to prescribe rules and regulations
for the operation of the project or projects constructed or acquired
under the provisions of this Act, including the basis upon which water
service and facilities, sewerage service and facilities, or both, shall be
furnished.
Section 26. Tort immunity. The authority shall have the same
immunity and exemption from liability for torts and negligence as
Habersham 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 Habersham
County when in the performance of their public duties or work of the
county.
Section 27. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to provide an additional
and alternative method for the doing of the things authorized
thereby, shall be regarded as supplemental and additional to powers
conferred by other laws, and shall not be regarded as in derogation of
any powers now existing.
Section 28. Effect on other governments. This Act shall not and
does not in any way take from Habersham County or any municipal-
ity located therein or any adjoining county the authority to own,
operate, and maintain a water system, a sewerage system, or a
combined water and sewerage system or to issue revenue bonds as is
provided by the Revenue Bond Law.
Section 29. Liberal construction of Act. This Act being for the
welfare of various political subdivisions of the state and its inhabi-
tants shall be liberally construed to effect the purposes hereof.
Section 30. Specific repealer. An Act approved December 11,
1953 (Ga. Laws 1953, p. 2460), creating the Habersham Water
Authority, as amended, is hereby repealed in its entirety.
Section 31. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
3342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 32. General repealer. All laws and parts of laws in
conflict with this Act are hereby repealed.
Notice.
Notice is hereby given that there will be introduced at the 1981
session of the Georgia General Assembly a bill to create the
Habersham County Water and Sewer Authority.
State of Georgia
County of Habersham.
Before me, the undersigned, Notary Public, this day personally
came Amilee C. Graves, who, being first duly sworn, according to law,
says that he is the publisher of the Tri-County Advertiser official
newspaper published at Clarkesville, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 8, 15, 22 days of January, 1981. As
provided by law.
/s/ Amilee C. Graves
Subscribed and sworn before me,
this 11 day of February, 1981.
/s/ Ann L. Vandiver
Notary Public.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3343
CAMDEN COUNTYPURCHASING AGENT, ETC.
No. 186 (Senate Bill No. 356).
AN ACT
To amend an Act creating the Board of Commissioners of Camden
County, approved February 26, 1941 (Ga. Laws 1941, p. 800), as
amended by an Act approved February 27, 1961 (Ga. Laws 1961, p.
2112), and an Act approved April 3,1972 (Ga. Laws 1972, p. 3705), so
as to provide for a county purchasing agent and a central purchasing
office; to provide for the manner in which certain purchases shall be
made; to provide for matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Camden County, approved February 26,1941 (Ga. Laws 1941, p. 800),
as amended by an Act approved February 27,1961 (Ga. Laws 1961, p.
2112), and an Act approved April 3,1972 (Ga. Laws 1972, p. 3705), is
hereby amended by adding between Section 8 and Section 9 of said
Act a new Section 8A to read as follows:
Section 8A. (a) The governing authority of Camden County is
hereby authorized and empowered to employ a county purchasing
agent and to create a central purchasing office for the county. Said
agent shall serve at the pleasure of the governing authority at such
salary as it shall determine and shall perform such duties as may be
assigned by the governing authority.
(b) The governing authority is hereby authorized and empow-
ered to develop procedures which require competitive bids on all
purchases made for or on behalf of said county involving any expendi-
ture of public funds in excess of an amount to be determined by the
governing authority of Camden County. Said governing authority
shall establish procedures whereby all such purchases shall be pro-
cessed by or through the central purchase office.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
3344 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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the Board of Commissioners of Camden County,
approved February 26,1941 (Ga. Laws 1941, p. 800), as amended; and
for other purposes.
This 15th day of December, 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 Camden County Tribune which is the official
organ of Camden County, on the following dates: December 25,1980,
January 1,8,1981.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3345
CAMDEN COUNTYPOWERS, ETC. OF PROBATE
COURT, SOLICITOR, ETC.
No. 187 (Senate Bill No. 357).
AN ACT
To provide that the Probate Court of Camden County shall have
jurisdiction to try and impose fines for the violation of county
ordinances; to provide for the powers of said court; to provide for
bonds; to provide for appeals; to provide for funds; to provide for the
disposition of fines and forfeitures; to provide for a solicitor; to
provide for terms; to provide for assessment towards certain funds; 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 Probate Court of Camden County is hereby
authorized and empowered to try violations of county ordinances and
resolutions and to impose fines for such violations in accordance with
the fines specified by such ordinances or resolutions. The probate
court shall not impose any fine which exceeds $500.00.
Section 2. The probate court shall have the power to:
(1) Punish for contempt of said court, but said punishment
shall not exceed a fine of $100.00;
(2) Establish a schedule of fees to defray the cost of the
court;
(3) Establish bail and recognizances to insure the presence
before said court of persons charged with violations of county
ordinances or resolutions and to accept cash, personal property, or
real property as surety for appearance of such persons;
3346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Bind persons appearing before said court over to the
appropriate court when it appears such person has violated State
law;
(5) 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 by any officer as authorized by law;
(6) Administer oaths and to perform all other acts necessary
or proper to the conduct of said court; and
(7) Exercise the foregoing powers throughout the territorial
limits of the county.
Section 3. Whenever any person shall give bail for his appear-
ance before the probate court and shall fail to appear at the time fixed
for trial, his bond shall be forfeited by the judge of said court 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 cash or property is accepted in lieu of a bond for security for
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, on
order of the court, shall be declared forfeited to the county or the
property so deposited shall have a lien against it for the value
forfeited which shall be enforceable in the same manner and to the
same extent as a lien for county property taxes.
Section 4. The right of appeal and any bond as may be required
to secure the costs of such appeal to the superior court of the county
from the probate court of such county shall lie in the same manner
and under the same procedure as are generally prescribed for appeals
and appeal bonds from the probate court.
Section 5. All funds necessary to carry out this Act shall come
from funds of the county. All fines, forfeitures, fees, or costs paid to
the probate court shall be paid to the fiscal officer of the county in
such manner and at such times as the county governing authority
shall prescribe.
Section 6. The county attorney for Camden County shall be the
solicitor of the probate court and shall prosecute all cases tried
pursuant to this Act.
GEORGIA LAWS 1981 SESSION
3347
Section 7. Said probate court shall be held in the county
courthouse and shall be held at such regular or special terms as may
be designated by the judge thereof. Such terms shall be no less than
once each week.
Section 8. All fines and forfeitures collected in said probate
court shall be subject to assessment in the amount prescribed by law
for contributions to the Peace Officers Annuity and Benefit Fund,
clerks, and sheriffs retirement fund of Georgia as in cases tried in
municipal and state courts of this State.
Section 9. This Act shall become effective January 1,1983, only
if an amendment to the Constitution authorizing the Probate Court
of Camden County to try and impose fines for violations of county
ordinances or resolutions is ratified at the general election in 1982,
otherwise this Act shall be null and void.
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
1981 session of the General Assembly of Georgia a bill to authorize the
Probate Court of Camden County to try and impose fines for viola-
tions of county ordinances and resolutions; and for other purposes.
This 15th day of December, 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
3348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Camden County Tribune which is the official
organ of Camden County, on the following dates: December 25,1980,
January 1,8,1981.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
WAYNE COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT, ETC.
No. 188 (Senate Bill No. 358).
AN ACT
To amend an Act placing the sheriff and clerk of the superior court
of Wayne County on a salary basis in lieu of a fee basis of compensa-
tion, approved March 10,1959 (Ga. Laws 1959, p. 3031), as amended,
particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3805), so as to change the provisions relative to the compensation of
the clerk of the superior courts; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1981 SESSION
3349
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff and 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, particularly by an Act approved March 25,1980 (Ga. Laws
1980, p. 3805), is hereby amended by striking Section 3 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 Wayne County
shall receive a salary of $16,023.00 per annum to be paid in equal
monthly installments from the funds of Wayne County. The salary of
the clerk shall be increased 6 percent per annum effective on January
1 of each year with the first such increase to be effective on January 1,
1982.
(b) The salary provided for in subsection (a) of this section shall
apply to the person holding office as clerk of the Superior Court of
Wayne County on January 1,1981, and shall continue to be applicable
as long as that same person continues in office as clerk of the Superior
Court of Wayne County. In the event such person ceases to hold
office as clerk of the Superior Court of Wayne County for any reason,
the salary of the successor clerk shall be the minimum salary provided
for clerks of the superior courts by an Act providing a minimum salary
for said officers, approved March 30,1973 (Ga. Laws 1973, p. 256), as
now or hereafter amended.
(c) The clerk of the superior court is authorized to appoint a
chief deputy clerk and such other clerks as he shall deem necessary to
carry out properly 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 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
3350 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 regular
1981 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.
This 14th day of January, 1981.
/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 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: January 17,24 and 31,1981.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3351
GLYNN COUNTYCOMPENSATION OF SHERIFF,
DEPUTIES, ETC.
No. 189 (Senate Bill No. 359).
AN ACT
To amend an Act placing the Sheriff of Glynn County on an
annual salary, approved March 17,1960 (Ga. Laws 1960, p. 2806), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 3726), an Act approved April 11, 1979 (Ga. Laws 1979, p.
4116), and an Act approved April 1,1980 (Ga. Laws 1980, p. 4457), so
as to change provisions relating to the compensation of the sheriff and
deputies and other 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 Sheriff of Glynn County on an
annual salary, approved March 17,1960 (Ga. Laws 1960, p. 2806), as
amended, particularly by an Act approved April 17,1975 (Ga. Laws
1975, p. 3726), an Act approved April 11, 1979 (Ga. Laws 1979, p.
4116), and an Act approved April 1,1980 (Ga. Laws 1980, p. 4457), is
hereby amended by striking subsection (1) and subsection (2) of
Section 2A of said Act and substituting in lieu thereof the following:
(1) The sheriff shall receive an annual base salary of $25,500.00,
payable in equal monthly installments from the funds of Glynn
County.
(2) (a) Subject to the provisions of subsection (3), the base
annual salary of the persons employed by the sheriff shall be
fixed by the sheriff and shall be within the following amounts:
chief deputy. . .
1 senior deputy
$12,840.00 to $19,260.00
$11,770.00 to $14,980.00
3352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1 chief office
deputy...........
$10,272.00 to $15,665.00
2nd senior deputy...................$ 9,523.00 to $13,910.00
2 deputies..........................$ 8,988.00 to $13,643.00
9 deputies..........................$ 8,025.00 to $12,840.00
chief jailer........................$ 8,025.00 to $11,770.00
12 additional
jailers......
.$ 7,704.00 to $11,299.00
5 matrons............................$ 5,778.00 to $ 8,988.00
3 clerk-typists......................$ 5,778.00 to $ 8,474.00
2 custodians.........................$ 5,136.00 to $ 7,704.00
cook.................................$ 3,852.00 to $ 6,163.00
(b) No employee of the sheriff shall receive any increase in
salary or other compensation except as is approved by the sheriff.
(c) The provisions of paragraph (a) to the contrary notwith-
standing, no employee of the sheriff shall receive any wage which
is less than the minimum wage guaranteed by law.
Section 2. Said Act is further amended by striking subsection (1)
of Section 2C of said Act and substituting in lieu thereof the follow-
ing:
(1) The sheriff and each of his deputies, except the chief office
deputy, shall receive monthly from county funds a car allowance of
$275.00 per month and a mileage allowance of 18$ per mile on all
official trips outside of Glynn County or the State of 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 1981 SESSION
3353
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the Sheriff of Glynn County upon an annual salary, and
for other purposes, approved March 17, 1960 (Ga. Laws 1950, p.
2805), as amended, to repeal conflicting laws, and for other purposes.
This 29th Day December 1980.
Richard W. Littlefield, Jr.
Senator, 6th District
James R. Tuten
Representative, 153rd
Dean Auten
Representative, 154th
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: December 31,1980, January 7,
14,1981.
/s/ Bill Littlefield
Senator,
6th District
3354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GLYNN COUNTYCOMPENSATION OF TAX
COMMISSIONER, ETC.
No. 190 (Senate Bill No. 361).
AN ACT
To amend an Act placing the tax commissioner of Glynn County
on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p.
3203), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 4123), so as to change the compensation of the tax
commissioner and 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 tax commissioner of Glynn County
on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p.
3203), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 4123), is hereby amended by striking Section 2 and
inserting in its place a new Section 2 to read as follows:
Section 2. The tax commissioner shall receive an annual base
salary of $25,500.00, payable in equal monthly installments from
funds of Glynn County.
GEORGIA LAWS 1981 SESSION
3355
Section 2. Said Act is further amended by striking paragraph (2)
of subsection (a) of Section 5 of said Act in its entirety and substitut-
ing in lieu thereof the following:
(2) The base annual salary of the persons employed by the tax
commissioner shall be fixed by the tax commissioner within the
following amounts:
deputy................................$13,910.00 to $16,050.00
clerical assistants...................$ 6,831.00 to $11,235.00
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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 1981
regular session of the General Assembly of Georgia a bill to amend an
Act placing the Tax Commissioner of Glynn County on an annual
salary, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as
amended; to repeal conflicting laws; and for other purposes.
This the 5th day of January, 1981.
Dean G. Auten
Representative,
154th District
James R. Tuten, Jr.
Representative,
153rd District
3356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 9,16,23,1981.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 17th day of February, 1981..
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GLYNN COUNTYVACANCIES ON BOARD OF
COUNTY COMMISSIONERS.
No. 191 (Senate Bill No. 362).
AN ACT
To amend an Act creating a board of commissioners of Glynn
County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as
amended, so as to provide for filling certain vacancies on the board; to
GEORGIA LAWS 1981 SESSION
3357
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 a board of commissioners of Glynn
County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as
amended, is hereby amended by striking Section 3 of said Act in its
entirety and substituting in lieu thereof the following:
Section 3. (a) Except as provided in subsection (b), any vacancy
in said board shall be filled for the unexpired term by a member
appointed by the remaining members of the board. The person
appointed to fill such vacancy must be a resident of the commissioner
district corresponding to that of the member whose unexpired term
he is appointed to fill unless the vacancy is in an at-large post. Should
any member of the board who is elected from a commissioner district
change his residence from the commissioner district from which he
was elected, a vacancy shall be created thereby, and such vacancy
shall be filled as provided in this section.
(b) Any vacancy in said board which occurs more than six
months prior to the expiration of the term of office shall be filled in a
special election called for that purpose. The person elected at such
special election shall serve for the unexpired term and until his
successor is elected and qualified. If the member whose vacancy is
being filled was elected from a commissioner district, the candidates
in the special election shall reside in the commissioner district
corresponding to the member whose unexpired term is being filled.
Section 2. Said Act is further amended by striking from Section
6 the first unnumbered paragraph and inserting in its place a new first
unnumbered paragraph to read as follows:
The chairman shall receive a salary of $400.00 per month and an
expense allowance of $150.00 per month. Each other member shall
receive a salary of $300.00 per month and an expense allowance of
$100.00 per month.
Section 3. This Act shall become effective on July 1,1981.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
3358 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 1981
regular session of the General Assembly of Georgia a bill to amend an
Act creating the Board of Commissioners of Roads and Revenues for
Glynn County, approved February 11,1937 (Ga. Laws 1937, p. 1336),
as amended; to repeal conflicting laws; and for other purposes.
This the 5th day of January, 1981.
Dean G. Auten
Representative,
154th District
James R. Tuten, Jr.
Representative,
153rd 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 Brunswick News which is the official organ of
Glynn County, on the following dates: January 9,16,23,1981.
/s/ Bill Littlefield
Senator,
6th District
GEORGIA LAWS 1981 SESSION
3359
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF GLYNN COUNTYTERMS,
COMPENSATION OF CERTAIN PERSONNEL.
No. 192 (Senate Bill No. 363).
AN ACT
To amend an Act creating the State Court of Glynn County, as
amended, particularly by an Act approved April 17, 1973 (Ga. Laws
1973, p. 3158), an Act approved March 24, 1976 (Ga. Laws 1976, p.
3159), an Act approved July 1,1979 (Ga. Laws 1979, p. 4541), and an
Act approved April 2,1980 (Ga. Laws 1980, p. 4517), so as to change
the compensation of certain personnel of the court; to change the
terms of 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 Glynn County, as
amended, particularly by an Act approved April 17, 1973 (Ga. Laws
1973, p. 3158), an Act approved March 24, 1976 (Ga. Laws 1976, p.
3159), an Act approved July 1,1979 (Ga. Laws 1979, p. 4541), and an
Act approved April 2, 1980 (Ga. Laws 1980, p. 4517), is hereby
amended by adding at the end of Section 7 the following:
3360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Effective July 1,1981, the actual salary and the maximum salary
of the solicitor shall be further increased by an additional seven
percent.,
so that when so amended said 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.
Effective July 1, 1981, the actual salary and the maximum salary of
the solicitor shall be further increased by an additional seven per-
cent.
Section 2. Said Act is further amended by adding at the end of
subsection (a) of Section 11a new paragraph (3) to read as follows:
(3) Effective July 1,1981, the actual salary and maximum salary
of said clerk shall be further increased by an additional seven percent;
and the maximum salary of each deputy clerk shall be further
increased by an additional seven percent.,
so that when so amended said subsection (a) of Section 11 shall read
as follows:
(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.
GEORGIA LAWS 1981 SESSION
3361
(2) Effective July 1, 1980, the actual salary and the maxi-
mum salary of said clerk and deputy clerks shall be increased by
five percent above said amounts.
(3) Effective July 1, 1981, the actual salary and maximum
salary of said clerk shall be further increased by an additional
seven percent; and the maximum salary of each deputy clerk shall
be further increased by an additional seven percent.
Section 3. Said Act is further amended by striking subsection (c)
of Section 11 and inserting in lieu thereof a new subsection (c) of
Section 11 to read as follows:
(c) The judge of said court may employ a secretary and shall fix a
salary for such secretary of not more than $11,200.00 per year,
payable in equal monthly installments from county funds.
Section 4. Said Act is further amended by striking from Section
4 the following:
Said judge is also authorized to employ one secretary who shall
be compensated in an amount not to exceed $9,600.00 per year until
June 30, 1980, and in an amount not to exceed $10,500.00 per year
thereafter, which amount shall be fixed by said judge and payable in
equal monthly installments out of the treasury of Glynn County.
Section 5. Said Act is further amended by striking from Section
13 the following:
in each month,
and inserting in lieu thereof the following:
of every other month, the first month of holding such bimonthly
terms to be fixed by the judge.,
so that when so amended said Section 13 shall read as follows:
Section 13. The terms of said Court shall commence on the first
Monday of every other month, the first month of holding such
bimonthly terms to be fixed by the judge. The judge of said Court
shall have power to hold said Court in session from day to day, and to
adjourn the same from time to time; provided, said Court shall be
finally adjourned at least five days before the next succeeding term.
3362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 in the 1981
regular session of the General Assembly of Georgia a bill to amend an
Act creating the State Court of Glynn County, approved March 4,
1943 (Ga. Laws 1943, p. 702), as amended; to repeal conflicting laws;
and for other purposes.
This the 5th day of January, 1981.
Dean G. Auten
Representative,
154th District
James R. Tuten, Jr.
Representative,
153rd 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 Brunswick News which is the official organ of
Glynn County, on the following dates: January 9,16,23,1981.
/s/ Bill Littlefield
Senator,
6th District
GEORGIA LAWS 1981 SESSION
3363
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF ATLANTASENIOR JUDGE OF
MUNICIPAL COURT.
No. 193 (Senate Bill No. 371).
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,
approved March 16,1973 (Ga. Laws 1973, p. 2188), as amended, so as
to add a new Section 4-109.1 to said charter; to create the position of
Senior Judge of the Municipal Court of the City of Atlanta; to
establish the qualifications for said position; to provide for the duties
of said judges; to provide for the compensation of said judges; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb, creating a new charter for such city,
approved March 16, 1973 (Ga. Laws 1973, p. 2188), as amended, is
hereby amended by adding after Section 4-109 thereof a new Section
4-109.1 to read as follows:
3364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4-109.1. Senior Judges of the Municipal Court of the
City of Atlanta, (a) There is hereby created the Office of Senior
Judge of the Municipal Court and any judge of the Municipal Court
who retires pursuant to the provisions of applicable laws relating to
such retirement shall be a Senior Judge of the Municipal Court,
effective on the effective date of his retirement.
(b) Senior Judges may be called upon to serve as judges of the
Municipal Court when the regular judge for some reason is unable to
serve. Any such Senior Judge may be subject to designation and
assignment, with his consent, either as additional or substitute judge.
Such judge shall have all the power and authority when so designated
or assigned as a Municipal Court Judge. Such Senior Judges shall be
compensated in addition to retirement pay in the amount paid to
judges pro hac vice for such services. In addition to such compensa-
tion, such judges shall receive mileage at the same rate as other
municipal employees for such services. Said compensation and
mileage shall be paid from municipal funds appropriated or otherwise
available for the operation of the Municipal Court upon a certificate
by the judge as to the number of days served and the mileage. Such
compensation shall not diminish or otherwise impair the payment or
receipt of any retirement or pension benefits of such judge.
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 the City of Atlanta, the Atlanta Board
of Education and the Atlanta Independent Public School System as a
part of such City, intend to apply for the passage of local legislation at
the 1981 Session of the General Assembly of Georgia, which convenes
on Monday, January 12, 1981, to amend the Charter of the City of
Atlanta, including the laws applicable to the Atlanta Board of Educa-
tion and the Atlanta Independent Public School System, the title of
such bill or bills to be as follows:
GEORGIA LAWS 1981 SESSION
3365
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 22 day of December, 1980.
William M. (Bill) Alexander
Legislative Coordinator
City of Atlanta
William Stanley
Legislative Coordinator
Atlanta Board of Education
Atlanta Independent
School System
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jack L. Stephens who, on oath,
deposes and says that he/she is Senator from the 36th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: December
22,1980, December 29,1980 and January 5,1981.
/s/ Jack L. Stephens
Senator,
36th District
3366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF SAVANNAHCORPORATE LIMITS.
No. 194 (Senate Bill No. 375).
AN ACT
To amend the several Acts relating to and incorporating the
mayor and aldermen of the City of Savannah, so as to extend the
corporate limits of the City of Savannah; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA that the several Acts relating to and incorporating the
mayor and aldermen of the City of Savannah are further amended as
follows:
Section 1. That from and after the passage of this Act, the city
limits of the City of Savannah, known as the mayor and aldermen of
the City of Savannah, in addition to all territory, land, and improve-
ments, now included in the corporate limits of the City of Savannah
shall be extended to include all of the territory, land, and improve-
ments, located within the following described boundaries, to wit:
ALL of the lands of the Savannah Municipal Airport (Travis
Field) not now in the City limits of Savannah, saving and excepting
those certain parcels described as Parcel A, containing 69.519 acres
GEORGIA LAWS 1981 SESSION
3367
and Parcel B, containing 41.647 acres as shown on a plat recorded in
Plat Record Book R, Page 76, in the Office of the Clerk of the
Superior Court of Chatham County and described as excepted in the
Act of the General Assembly (Ga. Laws 1969, p. 2453, Section 1),
extending the corporate limits of the City of Savannah, said
Savannah Municipal Airport being described as follows:
Commencing at a point on the Savannah and Atlanta Railway
right-of-way at its intersection with the North right-of-way line of
said Savannah Municipal Airport and running thence N8957W,
5,792.48 feet to a concrete monument located at the Northeast corner
of a tract of land conveyed to the Savannah Airport Commission by
Union Camp Corporation and shown on a plat recorded in Plat
Record Book DD, Page 68, of Chatham County records; thence
continuing N8957W along said North property line 7,568.83 feet to
a monument located on the West right-of-way line of Interstate
Highway 95 as shown on said plat; thence in a Southerly direction
along said Westerly right-of-way line of Interstate Highway 95 to a
point 750.0 feet South of the extended center line of the East-West
runway of said Savannah Municipal Airport and being the South
property line of property acquired by Savannah Municipal Airport
from Rockdale Industries, Inc.; thence S8923E along the line 750.0
feet South of and parallel to the said center line of said East-West
runway as extended a distance of 3,450 feet, more or less, to a concrete
monument located at the corner of a tract purchased by Savannah
Airport Commission from Henry Ray, Jr. and shown on a plat
recorded in Plat Record Book AA, Page 74 of Chatham County
records; thence continuing along the boundary of said tract South-
ward to Bourne Avenue; thence along Bourne Avenue and Northward
as shown on said plat to a concrete monument located on the present
South property line of the Savannah Municipal Airport; thence
continuing along said property line of the Savannah Municipal Air-
port as shown on the master plan around the Southern and Eastern
perimeters of the said Savannah Municipal Airport to a point on the
South right-of-way line of Grumman Road; thence South 2445E a
distance of 100.0 feet to the tract hereinabove excepted and as shown
on the plat recorded in Record Book R, Page 76 of Chatham County
records; thence in a Southerly, Westerly and Northerly direction
around said excepted tract to a point on the Northerly right-of-way
line of said Grumman Road; thence in a Westerly direction on said
Northerly right-of-way line of said Grumman Road to its intersection
with the Savannah and Atlanta Railway; thence Northerly along said
Westerly right-of-way of said Savannah and Atlanta Railway to the
point of beginning.
3368 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 Intent to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legislation in
the 1981 Session of the General Assembly of Georgia to amend the
charter of the Mayor and Aldermen of the City of Savannah to extend
and change the corporate limits and for other purposes.
James B. Blackburn
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Coleman who, on oath, deposes
and says that he/she is Senator from the 1st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Savannah Evening Press which is the official
organ of Chatham County, on the following dates: January 2, 9, 16,
1981.
/s/ J. Tom Coleman, Jr.
Senator,
1st District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3369
COBB COUNTYCOMPENSATION OF BOARD OF
COUNTY COMMISSIONERS.
No. 195 (Senate Bill No. 377).
AN ACT
To amend an Act creating a board of commissioners for Cobb
County, Georgia, approved June 19,1964 (Ga. Laws 1964, Ex. Sess., p.
2075), as amended, particularly by an Act approved April 5,1971 (Ga.
Laws 1971, p. 3150), so as to change the compensation provisions
relating to 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 for Cobb
County, Georgia, approved June 19,1964 (Ga. Laws 1964, Ex. Sess., p.
2075), as amended, particularly by an Act approved April 5,1971 (Ga.
Laws 1971, p. 3150), 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. Compensation. Members of the board of commis-
sioners other than the chairman shall be compensated in the amount
of $9,000.00 per annum, and such compensation shall be paid in equal
monthly installments from county funds; provided, however, that
such annual compensation shall be increased by 7 percent effective
April 1,1982. The chairman shall be compensated in the amount of
$40,000.00 per annum, and such compensation shall be paid in equal
monthly installments from county funds; provided, however, that
such annual compensation of the chairman shall be increased by 7
percent effective April 1,1982. The compensation provided for each
officer shall be paid upon warrants drawn upon the county treasury.
3370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective April 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 in the regular
1981 session of the General Assembly, a bill to amend an act creating
a Board of Commissioners of Roads and Revenues for Cobb County,
Georgia approved June 19,1964 (Ga. L. 1964, Ex. Sess., p. 2075) and
for other purposes.
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe Thompson who, on oath, deposes
and says that he/she is Senator from the 32nd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Marietta Daily Journal which is the official
organ of Cobb County, on the following dates: January 30, February 6,
13,1981.
GEORGIA LAWS 1981 SESSION
3371
/s/ Joe Thompson
Senator,
32nd District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DADE COUNTYBUDGETING, ETC. FOR
SHERIFFS OFFICE.
No. 196 (Senate Bill No. 393).
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, 1973 (Ga. Laws 1973, p. 2764), an Act approved
April 17, 1975 (Ga. Laws 1975, p. 2969), and by an Act approved
March 18,1980 (Ga. Laws 1980, p. 3125), so as to delete the provisions
relative to budgeting; to provide procedures for financing the
expenses of the sheriffs office including personnel; 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:
3372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. 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, 1973 (Ga. Laws 1973, p. 2764), an Act
approved April 17, 1975 (Ga. Laws 1975, p. 2969), and by an Act
approved March 18,1980 (Ga. Laws 1980, p. 3125), is hereby amended
by striking Section 3A in its entirety and substituting in lieu thereof a
new section to be designated Section 3 to read as follows:
Section 3. The expenses of the sheriffs office, as provided in
Sections 6 and 7 of this Act, shall be budgeted in accordance with
procedures adopted by the governing authority of Dade County as
provided by the Act providing for basic local government financial
management standards and procedures, approved April 8, 1980 (Ga.
Laws 1980, p. 1738).
Section 2. Said Act is further amended by adding immediately
preceding the period appearing at the end of the first sentence of
Section 6 the following:
in accordance with budgeting procedures and requirements
established by the governing authority of Dade County pursuant to
Section 3 of this Act,
so that when so amended Section 6 shall read as follows:
Section 6. The sheriff shall have the authority to appoint such
deputies, clerks, assistants, and other personnel as he shall deem
necessary to efficiently and effectively discharge the official duties of
his office and to fix their respective compensation in accordance with
budgeting procedures and requirements established by the governing
authority of Dade County pursuant to Section 3 of this Act. It shall be
within the sole power and authority of the sheriff, during his term of
office, to designate and name the person or persons who shall be
employed as such deputies, clerks, assistants, or other employees, and
to prescribe their duties and assignments, and to remove or replace
any of such employees at will and within his sole discretion.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3373
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an act
of the method of the Sheriff of Dade County in applying for budget
funds.
The Sheriff will prepare a proposed budget and submit it to the
Commissioner. The Commissioner has the authority to approve or
disapprove the proposed budget or to disapprove any part of it.
Larry Moore
Commissioner of
Roads and Revenue
Dade County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. G. Summers who, on oath, deposes
and says that he is Senator from the 53rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Dade County Sentinel which is the official organ
of Dade County, on the following dates: February 4,11,18,1981.
/s/ E. G. Summers
Senator,
53rd District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILKES COUNTYTAX COMMISSIONER PLACED ON
SALARY BASIS.
No. 197 (Senate Bill No. 404).
AN ACT
To place the tax commissioner of Wilkes County on an annual
salary in lieu of the salary plus commission system of compensation;
to provide for the compensation of employees within such office; to
provide for the disposition of all commissions and costs collected by
the tax commissioner and all office employees; to provide an effective
date; to repeal specific sections of other Acts; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The tax commissioner of Wilkes County is hereby
placed upon an annual salary in lieu of the salary plus commission
system of compensation. The tax commissioner shall diligently collect
all commissions, fees, and other emoluments and perquisites of
whatever kind heretofore allowed and received by the tax commis-
sioner as compensation for his services as tax commissioner while on
the salary plus commission fee system and hold said collections for
the sole use and benefit of Wilkes County.
Section 2. The tax commissioner of Wilkes County shall receive
an annual salary of not less than $15,500.00 to be paid from the funds
of Wilkes County in 12 equal monthly installments, payable on the
last business day of each calendar month. It is specifically provided
that the salary provided herein for the tax commissioner shall be in
lieu of all fees, commissions, costs, fines, percentages, forfeitures,
penalties, and other perquisites of whatever kind, including those
commissions allowed by 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
GEORGIA LAWS 1981 SESSION
3375
services for which the commissions are derived may have been
performed in the capacity of an agent for the State Revenue Depart-
ment, and including those commissions allowed by Code Section 91A-
1370, relating to commissions on taxes collected in excess of a certain
percentage of taxes due according to the tax net digest, as now or
hereafter amended.
Section 3. The tax commissioner shall have the authority to
appoint one clerk who shall be compensated in the amount of not less
than minimum wage. The wage to be paid shall be determined by the
board of commissioners. The board shall authorize and determine the
number of hours the clerk may be allowed to work. It shall be within
the sole power of the tax commissioner, during each term of office, to
designate and name the person or persons who shall be employed as
the clerk and to remove or replace such clerk at will and within his
sole discretion. The tax commissioner shall prescribe the duties and
assignments of the clerk.
Section 4. The tax commissioners office shall be furnished with
suitable office space and all equipment and supplies to provide for its
efficient operation; and the cost of such supplies and equipment shall
be borne by Wilkes County and payable from county funds.
Section 5. An Act abolishing the offices of tax collector and tax
receiver in and for Wilkes County and creating in lieu thereof the
office of tax commissioner of Wilkes County, approved July 22,1929
(Ga. Laws 1929, p. 777), as amended, is hereby amended by repealing
in their entirety Sections 3,4,5, and 6.
Section 6. An Act amending an Act approved July 22, 1929,
creating the office of tax commissioner of Wilkes County, approved
December 3, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 912), is hereby
repealed in its entirety.
Section 7. The provisions of this Act shall become effective
January 1,1982.
Section 8. All laws and parts of laws in conflict with this Act are
hereby repealed.
3376 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
1981 session of the General Assembly of Georgia a bill to place the tax
commissioner of Wilkes County on an annual salary in lieu of the
salary plus commission system of compensation; and for other pur-
poses.
This 31st day of January, 1981.
Sam P. McGill
Senator,
24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Sam P. McGill who, on oath, deposes
and says that he is Senator from the 24th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the News Reporter which is the official organ of
Wilkes County, on the following dates: February 5,12,19,1981.
/s/ Sam McGill
Senator,
24th District
Sworn to and subscribed before me,
this 25th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3377
CITY OF WASHINGTONAD VALOREM TAXATION.
No. 198 (Senate Bill No. 405).
AN ACT
To amend an Act granting a new charter to the City of Wash-
ington, approved February 14, 1958 (Ga. Laws 1958, p. 2139), as
amended, so as to change provisions relating to the imposition and
levy of ad valorem taxes by 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 granting a new charter to the City of
Washington, approved February 14,1958 (Ga. Laws 1958, p. 2139), as
amended, is hereby amended by striking in its entirety Section 29 and
inserting in its place a new Section 29 to read as follows:
Section 29. (a) The mayor and council shall provide by ordi-
nance 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.
(b) The mayor and council may provide by ordinance for the
collection of delinquent taxes by fi. fa. A lien shall exist against all
property upon which city property taxes are levied, as of the assess-
ment date of each year, which lien shall be superior to all other liens,
except that it shall have equal dignity with those of state or county
taxes.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3378 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 there will be introduced at the regular
1981 Session of the General Assembly of Georgia, a bill to amend an
act creating a new charter for the City of Washington, approved Feb.
14, 1958, Georgia Laws 1958, p. 21-39, as amended; and for other
purposes.
This 9th day of February, 1981.
S. P. McGill
Senator,
24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Sam P. McGill who, on oath, deposes
and says that he is Senator from the 24th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the News Reporter which is the official organ of
Wilkes County, on the following dates: January 29, February 5, 12,
1981.
/s/ Sam P. McGill
Senator,
24th District
GEORGIA LAWS 1981 SESSION
3379
Sworn to and subscribed before me,
this 25th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
WILKINSON COUNTYEXPENSE ALLOWANCE FOR
COUNTY COMMISSIONERS.
No. 199 (Senate Bill No. 421).
AN ACT
To amend an Act creating the board of commissioners of
Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p.
777), as amended, so as to provide for a monthly expense allowance
for members of the board; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p.
777), as amended, is hereby amended by adding between Sections 7
and 8 a new Section 7A to read as follows:
Section 7A. In addition to the compensation provided for the
chairman and other members of the board of commissioners in
Section 7, the chairman and each member of said board shall be
entitled to an expense allowance of $50.00 per month to be paid from
county funds.
3380 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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the Board of Commissioners of Wilkinson County,
approved February 28,1933 (Ga. Laws 1933, p. 777), as amended, so
as to provide for a monthly expense allowance for members of the
board; and for other purposes.
This 6th day of February, 1981.
/s/ Culver Kidd
Senator,
25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Culver Kidd who, on oath, deposes
and says that he is Senator from the 25th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Wilkinson County News which is the official
organ of Wilkinson County, on the following dates: February 12, 19,
26,1981.
t <
/s/ Culver Kidd
Senator,
25th District
GEORGIA LAWS 1981 SESSION
3381
Sworn to and subscribed before me,
this 2nd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
LIBERTY COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITYPROJECT DEFINED.
No. 200 (Senate Bill No. 423).
AN ACT
To amend an Act to provide for the appointment and terms of
office of members of the Liberty County Industrial Authority,
approved February 18,1964 (Ga. Laws 1964, p. 2110), so as to define
further the term project to include undertakings for hotel and
motel facilities; 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 the appointment and terms of
office of members of the Liberty County Industrial Authority,
approved February 18, 1964 (Ga. Laws 1964, p. 2110), is hereby
amended by adding at the end of subsection (b) of Section 5 thereof
the following:
The word project shall also mean and include the acquisition,
construction, improvement, modification, expansion, modernization,
equipping, or remodeling of any property, real or personal, which
shall be used as or in connection with a hotel or motel that provides
3382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
food and lodging for transient guests with not less than 80 guest
rooms available for overnight accommodations, which is hereby
declared to be a project of sufficient magnitude to result in a
substantial increase in employment, to confer significant economic
benefit upon the geographical area served by the Authority, and to
develop and promote for the public good and welfare industry within
Liberty County.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act of the General Assembly of the State of Georgia (Ga. Laws 1964,
p. 2110 et seq.) implementing certain provisions of an amendment to
the Constitution of Georgia creating the Liberty County Industrial
Authority, ratified November 4,1958 (Ga. Laws, 1958, p. 472 et seq.),
as such amendment has been heretofore amended (Ga. Laws 1976, p.
1781 et seq., Ga. Laws 1976, p. 1823 et. seq., Ga. Laws 1980, p. 2221 et.
seq.), so as to further define the term project to include undertak-
ings for hotel or motel facilities; to provide an effective date; and for
other purposes.
This 3rd day of February, 1981.
Glenn E. Bryant,
Senator, District 3,
Liberty County, Georgia
State of Georgia
County of Liberty.
GEORGIA LAWS 1981 SESSION
3383
Personally appeared before me, the undersigned Notary Public
James H. Wynn who after being duly sworn stated under oath that he
is the Publisher and Editor of The Coastal Courier newspaper, a
newspaper of general circulation published in the city of Hinesville,
Georgia, and who further states under oath that the advertisement
attached hereto and made a part of this affidavit appeared in The
Coastal Courier on 10,17 and 24 February, 1981.
/s/ James H. Wynn
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Maureen Willcox
Notary Public, Georgia State at Large.
My Commission Expires 5 Jan. 1985.
(Seal).
Approved April 6,1981.
LIBERTY COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 201 (Senate Bill No. 425).
AN ACT
To amend an Act creating a Small Claims Court for Liberty
County, approved April 17, 1975 (Ga. Laws 1975, p. 3705), as
amended by an Act approved March 23, 1977 (Ga. Laws 1977, p.
3523), so as to change the jurisdiction of said court; to change certain
costs; to repeal conflicting laws; and for other purposes.
3384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court for Liberty
County, approved April 17, 1975 (Ga. Laws 1975, p. 3705), as
amended by an Act approved March 23, 1977 (Ga. Laws 1977, p.
3523), is hereby amended by striking from Section 1 the following:
$2,000.00,
and inserting in lieu thereof the following:
$2,500.00,
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 Liberty 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. Said Act is further amended by designating the
present language of the first paragraph of Section 6 as subsection (a)
of Section 6 and by striking subsections (a) through (f) of Section 6 in
their entirety and substituting in lieu thereof new subsections (b)
through (f) to read as follows:
(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.
GEORGIA LAWS 1981 SESSION
3385
(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 30 days
from the date of the service of said notice.
Section 3. 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. (a) The plaintiff, when he files his claim, shall deposit
with the court a sum, in accordance with the schedule set forth in
subsection (b) of this section, 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.
(b) The sum to be deposited by the plaintiff with the court shall
be as follows:
When the amount of the claim is: The deposit shall be:
Up to $500 .............................................$ 10.00
Over $500 but not over $1,000 .......................... 15.00
Over $1,000 but not over $1,500 ........................ 20.00
Over $1,500 but not over $2,000 ........................ 25.00
Over $2,000............................................. 30.00
(c) 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
213
3386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the issues raised by such claim affidavit shall be heard and deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of Liberty County, approved
April 17, 1975 (Ga. Laws 1975, p. 3706 through 3717); and for other
purposes.
This 21st day of January, 1981.
Glenn Bryant,
Senator
State of Georgia
County of Liberty.
Personally appeared before me, the undersigned Notary Public
James H. Wynn who after being duly sworn stated under oath that he
is the Publisher and Editor of The Coastal Courier newspaper, a
newspaper of general circulation published in the city of Hinesville,
Georgia, and who further states under oath that the advertisement
attached hereto and made a part of this affidavit appeared in The
Coastal Courier on 19,24 Feb. and 3 March 1981.
/s/ James H. Wynn
GEORGIA LAWS 1981 SESSION
3387
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Maureen Willcox
Notary Public, Georgia State at Large.
My Commission Expires 5th Jan. 1985.
(Seal).
Approved April 6,1981.
city of McDonoughnew charter.
No. 202 (Senate Bill No. 427).
AN ACT
To reincorporate the City of McDonough in the County of Henry;
to create a new charter for said city; to provide its corporate limits; to
provide for the government of said city; to provide for the officials
thereof; to provide for their powers and duties; to provide for their
terms of office; to provide for the organization and administration of
said city; to provide for finance and fiscal matters; to provide for
municipal services and regulatory functions; to provide for elections;
to provide for a recorders court; to provide for election of first
officials; 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:
ARTICLE I
INCORPORATION, POWERS
Section 1.10. Incorporation. The City of McDonough, Georgia,
in the County of Henry, and the inhabitants thereof shall continue to
3388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be a body politic and corporate under the name and style of the City
of McDonough, Georgia. Under the 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 alter and renew the same at will.
Section 1.11. Corporate Boundaries, (a) The boundaries of
the City of McDonough shall be those now existing, less and except
the following property:
Tract 1. All that tract or parcel of land containing 95.048 acres,
lying and being in Land Lot 101 of the 7th District of Henry County,
Georgia, being the property annexed by Ordinance adopted by the
Mayor and Council on September 10, 1973, pursuant to petition for
annexation filed by George Hamilton and Emory Hamilton.
Tract 2. All that tract or parcel of land containing 325.21 acres,
lying and being in Land Lots 71, 72, 89 and 90 of the 7th District of
Henry County, Georgia, being the property annexed by Ordinance
adopted by the Mayor and Council on February 4,1974, pursuant to
petition for annexation filed by Gulf Properties, Inc.
(b) Alterations of the boundaries of the City may be made from
time to time in the manner provided by law.
(c) The boundaries of the City of McDonough, 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 McDonough, Georgia. Photo-
graphic or other copies of such map certified by the Clerk shall be
admitted as evidence in all courts and shall have the same force and
effect as with the original map.
(d) The Mayor and 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:
GEORGIA LAWS 1981 SESSION
3389
(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 autho-
rized 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;
3390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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;
(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, estab-
lish 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, air-
ports, hospitals, terminals, docks, parking facilities, or charitable,
cultural, educational, recreational, conservation, sport, curative, cor-
rective, 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;
GEORGIA LAWS 1981 SESSION
3391
(14) Building Regulation. To regulate the erection and con-
struction 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 punish-
ment 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 inflam-
mable 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 itiner-
ant trades, theatrical performances, exhibitions, shows of any kind
whatever, by taxation or otherwise; to license, tax, regulate or pro-
hibit 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;
3392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, operating, maintain-
ing, 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 abate-
ment whether on public or private property;
(27) Municipal Property Protection. To provide for the preser-
vation 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;
GEORGIA LAWS 1981 SESSION
3393
(28) Jail Sentences. To provide that persons given jail sentences
in the Citys 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;
(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 ordi-
nance adopted pursuant to the authority of this charter and the laws
of the State of Georgia;
3394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(37) Police and Fire Protection. To exercise the power of arrest
through duly appointed policemen and to organize and operate a fire
fighting agency;
(38) Emergencies. To establish procedures for determining and
proclaiming that an emergency situation exists 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 trans-
portation 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) Cutting and Removal of Weeds, Vegetable Growth and
Debris. To require the owner, or his duly authorized agent, of any lot,
tract, parcel of land or premises in the City to cut and remove from
the same, any and all weeds, vegetable growth or debris thereon which
might endanger the public health or safety. To provide notice to such
owner, or the owners duly authorized agent, that if the weeds or
vegetable growth or debris are not cut and/or removed, the City may
cut and/or remove the same and charge the expenses of the same to
the said owner. The Mayor and Council shall have authority to
enforce the collection of the charges for cutting and or removing said
weeds or vegetable growth or debris when such charges are due and
remain unpaid for a period of thirty days, by execution to be issued by
the Clerk of said City against the owner or owners of the premises
from which the weeds or vegetable growth or debris are cut and or
removed and such other persons as may be liable therefore. The said
execution shall be a lien upon the said premises and, when recorded in
the General Execution Docket of Henry County, Georgia, shall be a
lien upon all of the property of the defendant in execution from the
date of such record.
GEORGIA LAWS 1981 SESSION
3395
(43) Other Powers. To exercise and enjoy all other powers,
functions, rights, privileges and immunities necessary or desirable to
promote or protect the safety, health, peace, security, good order,
comfort, convenience, or general welfare of the City and its inhabi-
tants; 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.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation; Composition; Number; Election. The
governing authority of this City shall be composed of a Mayor and six
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 govern-
ing 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:
3396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) the incumbents death.
(2) resignation when accepted.
(3) decision of a competent tribunal declaring the office vacant.
(4) the incumbent ceasing to be a resident of the City or of the
district for which he was elected.
(5) abandoning the office and ceasing to perform its duties or
either.
(6) 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 McDonough, Georgia, shall be fixed
by said Mayor and Council in January next following the Citys
election 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,
neither the Mayor nor any member of the Council shall hold any other
elective City office or City employment during the term for which he
was elected, and neither the Mayor nor any member of the Council
shall vote upon any question in which he is personally interested.
GEORGIA LAWS 1981 SESSION
3397
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 Mayor and
Council may make inquiries and investigations into the affairs of the
City and the conduct of any department, office, or agency thereof and
for this purpose may subpoena witnesses, administer oaths, take
testimony and require the production of evidence. Any person who
fails or refuses to obey a lawful order issued in the exercise of these
powers by the Mayor and Council shall be punished as provided by
ordinance.
Section 2.17. General Power and Authority of the Mayor and
Council, (a) Except as otherwise provided by law or by this charter,
the Mayor and Council shall be vested with all the powers of govern-
ment of this City as provided by Article I of this Charter.
(b) In addition to all other powers conferred upon it by law, the
Mayor and 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 Mayor and Council may enforce such
ordinances by imposing penalties for the violation thereof.
(c) The Mayor and 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 2.18. 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:
3398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) shall see that all laws and ordinances of the City are faith-
fully executed;
(b) shall preside at all meetings of the Mayor and Council and
vote in the event of a tie vote among the Council, and vote pursuant to
the provisions of Section 2.24;
(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 administra-
tive work of the City and provide for the coordination of administra-
tive 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 2.22(b);
(i) may examine and audit all accounts of the City;
(j) may require any department or agency of the City to submit
written reports whenever he deems it expedient;
(k) shall perform other duties as may be required by general
State law, this charter or ordinance.
Section 2.20. 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
Mayors 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
GEORGIA LAWS 1981 SESSION
3399
absence or disability shall be declared by majority vote of all members
of the Council.
Section 2.21. 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 Constitu-
tion 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 Tem shall serve for a term of one
year and until his successor is elected and qualified.
Section 2.22. Regular and Special Meetings, (a) The Mayor
and Council shall hold regular meetings at such times and places as
prescribed by ordinance. The Mayor and 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 Mayor and 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 Mayor and Council shall be public to the
extent required by general State law.
3400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.23. Rules of Procedure. The Mayor and 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 2.24. Quorum, Voting. For transaction of all business,
except as otherwise provided in this Act, the Mayor and three
Councilmen shall constitute a quorum, and the vote of four Council-
men, or of three Councilmen with the concurrence of the Mayor, shall
decide any question. Voting on the adoption of ordinances shall be
taken by voice 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, except as otherwise provided in this charter.
Section 2.25. Action Requiring an Ordinance, (a) Except as
herein provided, every official action of the Mayor and 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: Be it ordained
by the Mayor and Council of the City of McDonough and it is hereby
ordained by authority thereof.. and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the
Council and read and adopted at a regular or special meeting of the
Mayor and Council. Ordinances shall be considered and adopted or
rejected by the Council in accordance with the rules which it shall
establish. Upon adoption of any ordinance, the Clerk shall, as soon as
reasonable, file a reasonable number of copies in the office of the
Clerk and at such other public places as the Council may designate.
Section 2.26. 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 such adopting ordinance shall be as pre-
scribed for ordinances generally except that:
(1) The requirements of Section 2.25(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
GEORGIA LAWS 1981 SESSION
3401
(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 2.27 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 2.27. Signing, Authenticating, Recording, Printing, (a)
The City Clerk shall authenticate by his or her signature and record
in full in a properly indexed book kept for the purpose all ordinances
adopted by the Council. Every ordinance shall be signed by the
Mayor after adoption.
(b) The Mayor and Council shall cause each ordinance and each
amendment to this charter to be printed promptly following its
adoption. 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 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 Mayor and
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 department heads shall receive
such compensation as prescribed by the Mayor and Council.
(d) There may be a director of each department or agency who
shall be its principal officer. Each director shall, subject to the
3402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
direction and supervision of the Mayor, be responsible for the admin-
istration 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 Mayors action by a vote of four
Council members.
Section 3.11. Board, Commissions and Authorities, (a) The
Mayor and Council shall create, by ordinance, such boards, commis-
sions and authorities to fulfill any investigative, quasi-judicial or
quasi-legislative function the Mayor and Council deems necessary
and shall, by ordinance, establish the composition, period of exis-
tence, 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 this charter or general State law.
(c) The Mayor and 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 four 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 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 by-laws, rules
and regulations, not inconsistent with this charter, ordinances of the
City or general State law, as it deems appropriate and necessary for
GEORGIA LAWS 1981 SESSION
3403
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 Mayor and 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 Recorders court; shall attend the meetings of the Mayor
and Council as directed; shall advise the Council, Mayor and other
officers and employees of the City concerning legal aspects of the
Citys affairs; and shall perform such other duties as may be required
of him by virtue of his position as City Attorney.
Section 3.13. City Clerk. The Mayor and Council 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 Mayor and 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 municipali-
ties.
Section 3.15. City Accountant. The Mayor and Council may
appoint a City Accountant to perform the duties of an accountant.
Section 3.16. Consolidation of Functions. The Mayor and
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. Said
plans may apply to all employees of the City and any of its agencies,
departments, boards, commissions or authorities. When a pay plan
3404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Mayor and 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) 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 as may be necessary to provide
for adequate and systematic handling of personnel affairs.
ARTICLE IV
RECORDERS COURT
Section 4.10. Creation. There is hereby established a court to
be known as the Recorders Court, City of McDonough 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 to enforce its judgments by the imposition
of such penalties as may be provided by the laws of Georgia, to
subpoena witnesses, to punish witnesses for non-attendance, and to
try all offenses occurring within the territorial limits of the City of
McDonough, including traffic cases which under the laws of Georgia
are now or hereafter placed within the jurisdiction of municipal or
police courts to the extent of and in accordance with the provisions of
such laws and all laws subsequently enacted amendatory thereof.
The presiding officer of such court shall be known as the recorder.
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.
GEORGIA LAWS 1981 SESSION
3405
Section 4.11. Recorder, (a) No person shall be recorder of the
city unless, at the time of his appointment, he shall have attained the
age of twenty-five (25) years, shall have been a citizen of the state for
three (3) years, and shall have been a resident of this county for six (6)
months.
(b) Before entering on the duties of his office, the recorder shall
take an oath before some officer duly authorized to administer oaths,
that he will truly, honestly and faithfully discharge the duties of his
office to the best of his ability without fear, favor or partiality. This
oath shall be entered upon the minutes of the Mayor and Council.
Section 4.12. Jurisdiction. The recorder shall have power to
impose fines for the violation of any law or ordinance of the City of
McDonough passed in accordance with this charter, to an amount not
to exceed One Thousand Dollars ($1,000.00), to imprison offenders
for a period of not more than six months, or at labor on the roads and
streets or other public works of said city for not more than six months;
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
two hundred fifty dollars ($250.00) or imprisonment not exceeding
thirty (30) days or any combination of the two. He shall have the
authority of a justice of the peace, so far as to enable him to issue
warrants for offenses committed within the limits of the City of
McDonough, which warrants may be executed by any police officer of
said city, to hold committal hearings, and to commit the offenders to
jail or admit them to bail in bailable cases for their appearance at the
next term of a court of competent jurisdiction to be held in said city.
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 City of McDonough. The recorders court is
specifically vested with all jurisdiction and powers throughout the
entire area within the corporate limits granted by State laws generally
to mayors, recorders and police courts, and particularly such laws as
authorize the abatement of nuisances.
Section 4.13. Right of Certiorari. The right of certiorari to the
superior court from the recorders court shall lie in the same manner
and under the same procedure as prescribed for certiorari to the
various justice courts of the State.
3406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.14. Vacancy in Office. In the absence, sickness or
disqualification of the recorder or vacancy in such office, a recorder
pro tempore appointed by the Mayor and Council, the Mayor, or any
member of the Council designated by the Mayor, may preside over
the recorders court and hear and try all cases therein, and in the
performance of said office shall be clothed with the same powers and
authority as are granted to the recorder under this charter and the
laws of the State of Georgia. The Council is empowered to provide for
the compensation of any such person appointed to preside over said
court as herein provided.
Section 4.15. Court Costs. In all cases in the recorders court of
the City of McDonough, the costs incurred and allowable therein shall
be computed under the provisions of the laws of the State of Georgia
fixing costs in the justice of the peace courts of said State.
Section 4.16. Rules for Courts. With the approval of the Mayor
and Council, the recorder shall have full power and authority to make
rules and regulations necessary and proper to secure the efficient and
successful administration of the business of said court; provided,
however, the rules of evidence applicable to the superior courts of this
State shall apply in the recorders court of the City of McDonough.
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.
Section 5.11 Election of Mayor and Council, (a) On the first
Wednesday of December, 1982, there shall be an election for the
Mayor and three Councilmen. At such election the Mayor and one
Councilman shall be elected by plurality vote by all the qualified
voters within the City for a term of two years and until the election
and qualification of a successor. At such election the Councilmen in
Districts 1 and 2 shall be elected by plurality vote by the qualified
voters within each Council district for terms of two years and until the
election and qualification of a successor.
GEORGIA LAWS 1981 SESSION
3407
(b) On the first Wednesday of December 1983, there shall be an
election for three councilmen. At such election one councilman shall
be elected by plurality vote by all the qualified voters within the City
for a term of two years and until the election and qualification of a
successor. At such election the councilmen in Districts 3 and 4 shall
be elected by plurality vote by the qualified voters within each council
district for terms of two years and until the election and qualification
of a successor.
(c) The terms of office of the Mayor and Councilmen elected as
provided in Section 5.11(a) shall begin on January 1, 1983, and the
terms of office of the three councilmen elected as provided in Section
5.11(b) shall begin on January 1,1984, but they shall not be eligible to
hold office until they have taken the oath of office as provided in
Section 2.21(a) 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 not be required to call an election to fill the vacancy. Special
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 5.13. 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. City Council Districts; Adjustment of Districts.
(a) There shall be four city council districts.
(b) The city council shall appoint six persons who are qualified
voters for the election of Mayor and Councilmen who shall comprise
the districting commission. The voters chosen shall not be employed
by the City in any other capacity.
(c) Five months prior to the election in December, 1982, and
within one year of the official publishing of the United States
Decennial census thereafter, the districting commission shall file with
3408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the City Clerk a report containing a recommended plan for adjust-
ment of the City Council district boundaries to comply with these
specifications:
(1) Each district shall be formed of compact, contiguous terri-
tory, as nearly rectangular as is possible, and its boundary lines shall
follow the center lines of streets or other well-defined boundaries.
(2) Each district shall contain as nearly as possible the same
number of people with the largest district not differing in population
by more than 10% of the people in the smallest district created.
(3) The report shall include a map and description of the dis-
tricts and shall be filed with the Clerk. The Mayor and Council shall
have the authority to change, alter, or amend any such plan and shall
have the authority to draft a new plan. Any plan, upon approval by
the Mayor and Council, shall be introduced by a member or members
of the Council as an ordinance and shall be adopted as an ordinance
pursuant to the provisions of this charter.
(d) The city council shall adopt the ordinance at least 90 days
before the next regular city election.
(e) The new city council districts and boundaries as of the date
of enactment, shall supersede previous city council districts and
boundaries for all the purposes of the next regular city election. The
new districts and boundaries shall supersede previous districts and
boundaries for all other purposes as of the date on which all council
members elected at that regular city election take office.
Section 5.15. 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 5.16. 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;
GEORGIA LAWS 1981 SESSION
3409
(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 5.17. Procedure for Removal. Removal of an above
described officer may be accomplished by one of the following meth-
ods:
(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 of the
Council to the Superior Court of Henry 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 Henry County
as provided by law.
ARTICLE VI
FINANCE
Section 6.10. Property Tax. The Mayor and 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.
3410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.11. Millage Rate, Due Dates, Payment Methods. The
Mayor and 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 Mayor and 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 Mayor and
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 6.13. License, Permits, Fees. The Mayor and 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 Mayor and 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 Mayor and 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.
GEORGIA LAWS 1981 SESSION
3411
Section 6.15. Special Assessments. The Mayor and 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 or rates now or hereafter provided by the laws of the State of
Georgia 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
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
Mayor and 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 assign-
ment 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;
3412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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
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 Mayor and Council as provided by an Act of the General Assem-
bly 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 6.21. 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 Mayor and 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 Mayor and 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 require-
ments as to the scope, content and form of such budgets and pro-
grams.
Section 6.24. Additional Appropriations. The Mayor and
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,
GEORGIA LAWS 1981 SESSION
3413
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 improve-
ments 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, struc-
ture, 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 two-thirds
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-
ever, that the Mayor may submit amendments to the capital improve-
ments 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 trans-
actions by a qualified public accountant selected by the Council. The
audit shall be conducted according to generally accepted govern-
mental 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 Mayor and Council and such
approval is entered in the Council minutes.
Section 6.28. Centralized Purchasing. The Mayor and Council
may, by ordinance, prescribe procedures for a system of centralized
purchasing for the City.
3414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.29. Sale of City Property, (a) The Mayor and
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 Mayor and 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 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 Mayor and 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, water-
works, electrical systems, gas systems, airports, hospitals and charita-
ble, 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.
GEORGIA LAWS 1981 SESSION
3415
Section 7.11. Franchises. The Mayor and Council shall have the
power to grant franchises for the use of the Citys 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 Mayor and 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 fifteen years and no franchise shall be granted
unless the City receives just and adequate compensation therefor.
The Mayor and Council shall provide for the registration of all
franchises with the City Clerk in a registration book to be kept by
him. The Mayor and Council may provide by ordinance for the
registration within a reasonable time of all franchises previously
granted.
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
until repealed or amended.
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 transi-
tion ordinance detailing the changes in personnel and appointive
officers required or desired and arranging such titles, rights, privi-
leges and powers as may be required or desired to allow a reasonable
transition.
3416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, shall
be punishable by a fine of not more than One Thousand Dollars or by
imprisonment not to exceed Six months or both such fine and
imprisonment.
Section 7.18. 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 McDonough,
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. Effective Date. The effective date of this Act shall
be January 1,1982.
Section 7.21. Repealer. All laws and parts of laws in conflict
with this Act are hereby repealed.
GEORGIA LAWS 1981 SESSION
3417
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to create a new
charter for the City of McDonough; and for other purposes.
This the 26th day of January, 1981.
S. T. Ellis,
Attorney for City
of McDonough
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Janice S. Horton who, on oath,
deposes and says that he/she is Senator from the 17th 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: January 28, February
4,11,1981.
/s/ Janice S. Horton
Senator,
17th District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
OGLETHORPE COUNTYSMALL CLAIMS COURT
CREATED.
No. 203 (Senate Bill No. 428).
AN ACT
To create and establish a Small Claims Court of Oglethorpe
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.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small
Claims Court of Oglethorpe County. Said court shall have civil
jurisdiction in cases ex contractu in which the demand or value of the
property involved does not exceed $3,000.00, 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.
GEORGIA LAWS 1981 SESSION
3419
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 Oglethorpe
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 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
Oglethorpe 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 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-
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
3420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 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 30 days
from the date of the service of said notice.
Section 7. A docket shall be maintained in which every proceed-
ing and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
the sum of $20.00 with the court, which shall cover all costs of the
GEORGIA LAWS 1981 SESSION
3421
proceeding, except the cost of service of the notice. The deposit of
cost in cases of attachment, garnishment, or trover shall be $20.00,
plus the cost of service 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 deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. 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 adminis-
ter 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
3422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 circum-
stances 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 Oglethorpe
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 accom-
plish 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 consta-
bles. 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
GEORGIA LAWS 1981 SESSION
3423
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 Oglethorpe County
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs claim
3424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
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 $_____________, as
shown by the foregoing statement. The court will hold a hearing upon
this claim on _____________at____________.M. at (address of court).
GEORGIA LAWS 1981 SESSION
3425
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 Oglethorpe County
(Seal).
Section 18. Within 30 days after this Act becomes of full force
and effect, the Grand Jury of Oglethorpe County, Georgia, then in
session or the next succeeding grand jury, if one is not then in session,
shall appoint a qualified person to serve as judge of the small claims
court from the date of such appointment for a term of one year.
Thereafter the grand jury in session in Oglethorpe County immedi-
ately prior to the expiration of the term of said judge shall appoint a
successor to serve for a term of four years. Any vacancy in such office
and any unexpired term shall be filled by the grand jury then in
session for 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, 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
3426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
3427
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 the County of Oglethorpe, acting
through the Oglethorpe County Board of Commissioners, intends to
introduce local legislation in the 1981 session of the General Assem-
bly, to create and establish a Small Claims Court for Oglethorpe
County to prescribe the jurisdiction and practice and pleading in such
court, to provide for the duties, powers and qualifications of the judge
of such court, and for other purposes relating thereto.
This 29th day of January, 1981.
/s/ J. W. Griffith
Chairman, Board of
Commissioners
Oglethorpe County, Georgia
Georgia, Oglethorpe County.
Personally appeared before the undersigned officer authorized to
administer oaths, Ralph Maxwell, editor and publisher of The
Oglethorpe Echo, who on oath deposes and says that the foregoing
Notice of Intention to Introduce Local Legislation was published on
January 29,1981, February 5,1981 and February 12,1981, in accord-
ance with the Georgia Constitution.
/s/ Ralph B. Maxwell, Jr.
3428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12 day of February, 1981.
/s/ Lisa M. Charpentier
Notary Public
My Commission Expires: Aug. 1983
(Seal).
Approved April 6,1981.
CAMDEN COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY.
No. 204 (Senate Bill No. 452).
AN ACT
To create the Camden County Industrial Authority and to autho-
rize such authority to acquire, construct, equip, operate, maintain,
own, and improve self-liquidating projects embracing sources of
water supply, the treatment, distribution, and sale of water to indi-
viduals, private concerns, and governmental units, the collection,
treatment, and disposal of sewage waste and storm water, and any
related facilities; to confer powers and impose duties on the authority;
to provide for the membership and for the appointment of members
of the authority and their term of office; to authorize the authority to
contract with all cities in the county and with others pertaining to the
water and sewerage facilities and to execute leases and do all things
deemed necessary or convenient for the operation of such undertak-
ings or projects; to authorize the issuance of revenue bonds of the
authority payable from the revenues, tolls, fees, charges, and earnings
of the authority and to pay the cost of such undertakings or projects
and authorize the collection and pledging of the revenues and
earnings of the authority for the payment of such bonds and to
authorize the execution of trust indentures to secure the payment
thereof and to define the rights of the holders of such obligations; to
GEORGIA LAWS 1981 SESSION
3429
provide that no debt of Camden County shall be incurred in the
exercise of any of the powers granted by this Act; to make the bonds
and other obligations of the authority exempt from taxation; to
provide for the authority to condemn property of every kind; to
authorize the issuance of refunding bonds; to fix the venue or jurisdic-
tion of actions relating to any provisions of this Act and to provide
that such bonds be validated; to provide for the separate enactment of
each provision of this Act; to repeal conflicting laws; and for other
purposes.
Whereas, the population of Camden County is steadily increasing
and the matter of obtaining and distributing potable water to and
providing sewerage collection, treatment, and disposal services for
consumers and users, including municipal corporations located
therein, is of prime importance and essential to the health and welfare
of citizens within its boundaries and environs; and
Whereas, it is advisable to authorize the financing, in whole or in
part, of the acquisition, construction, extension, and improvement of
water supply and distribution facilities and sewerage collection,
treatment, and disposal facilities throughout the county and environs
by the issuance of revenue bonds of the authority for that purpose.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This may be cited as the Camden County
Industrial Authority Act.
Section 2. Camden County Industrial Authority. There is
hereby created a body corporate and politic, to be known as the
Camden County Industrial 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 any of
its officers, agents, or employees. Each member of the governing
authority of Camden County shall be an ex officio member of the
authority. The term of office of each member shall coincide with his
term as a commissioner of roads and revenues of Camden County.
The chairman of the governing authority of Camden County shall by
virtue of his position be the chairman of the authority. Immediately
after the passage of this Act, the members of the authority shall enter
3430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
upon their duties, and as soon as is practicable thereafter they shall
hold an organizational meeting. The members shall elect a secretary
and treasurer, who need not be members of the authority. Three
members of the authority shall constitute a quorum. No vacancy on
the authority shall impair the authority of the quorum to exercise all
of the rights and powers of and perform all of the duties and
obligations of the authority. The members of the authority shall not
be entitled to any compensation for their services but shall be
reimbursed for their actual expenses necessarily incurred in the
performance of their duties. The authority shall make rules and
regulations for its own government. It shall have perpetual existence.
Section 3. Definitions. As used in this Act, the term:
(1) Authority means the Camden County Industrial
Authority created by Section 2 of this Act.
(2) Project means the acquisition and construction of
systems, plants, works, instrumentalities, and properties:
(A) Used or useful in connection with the obtaining of a
water supply and the conservation, treatment, distribution,
and sale of water for public and private uses; or
(B) Used or useful in connection with the collection,
treatment, and disposal of sewage, waste, and storm water,
together with all parts of any such system, plant, work,
instrumentality, and property, and all appurtenances thereto,
including lands, easements, rights in land, water rights, con-
tract rights, franchises, approaches, dams, reservoirs, gener-
ating stations, sewerage disposal plants, intercepting sewers,
trunk-connecting and other sewers and watermains, filtration
works, pumping stations, and equipment.
(3) Cost of the project means the cost of construction, the
cost of all lands, properties, rights, easements, and franchises
acquired, the cost of all machinery and equipment, financing
charges, interest prior to and during construction and for one year
after completion of construction, the cost of engineering, archi-
tectural, fiscal, and legal expenses, and of plans and specifications,
and other expenses necessary or incident to determining the
feasibility or practicability of the project, administrative expense,
and such other expenses as may be necessary or incident to the
GEORGIA LAWS 1981 SESSION
3431
financing herein authorized, the construction of any project, the
placing of the same in operation, and the condemnation of prop-
erty necessary for such construction and operation. Any obliga-
tion or expense incurred for any of the foregoing purposes shall be
regarded as a part of the cost of the project and may be paid or
reimbursed as such out of the proceeds of revenue bonds issued
under the provisions of this Act for such project.
(4) Revenue bonds or bonds means revenue bonds
authorized to be issued pursuant to this Act, and revenue bonds
may be issued by the authority as authorized herein without any
other actions or proceedings.
(5) As to any project, self-liquidating means that, 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, repairing, improving, and extending the
project and to pay the principal and interest of the revenue bonds
which may be issued for the cost of such project or projects.
Section 4. Powers. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, gift, or otherwise, and to
hold, lease, and dispose of real and personal property of every kind
and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, or by
condemnation in accordance with the provisions of any and all
existing laws applicable to the condemnation of property for
public use, real property or rights of easements therein or fran-
chises 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
3432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
just to the authority and to the owners of the property to be
condemned, and no property shall be acquired under the provi-
sions 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;
(4) To enter into an agreement with any or all of the
municipalities in the county with respect to acquiring a source of
water supply, providing sewerage service, preparing engineering
data, plans, and specifications for a water and sewerage system,
extending water mains, apportioning the costs of constructing,
extending, and maintaining a water or sewerage system, or both,
providing for the testing and inspection of facilities constructed,
providing for rates to be charged for water and sewerage services
furnished to users of the said system, providing for the reading of
meters and keeping of pertinent records, apportioning or desig-
nating the responsibility for any functions normally maintained
by a water and sewerage system, providing for the ownership of
the various facilities constructed or acquired, and providing for
such other matters or contingencies as might be necessary or
desirable in order to secure for Camden County a satisfactory and
reliable water and sewerage system at the most reasonable cost
possible;
(5) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural, and construction
experts, fiscal agents, and attorneys, and fix their respective
compensations;
(6) To make contracts and leases and to execute all instru-
ments necessary or convenient, including contracts for construc-
tion 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 gener-
ality 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 and sewerage service and facilities or either of
GEORGIA LAWS 1981 SESSION
3433
them by the authority to such municipal corporations and coun-
ties and by such municipal corporations and counties to the
authority for a term not exceeding 50 years. As to any political
subdivision, department, institution, or agency of this state which
shall enter into an agreement under the authority granted herein
or in paragraph (4) of this section, the obligation to perform and
fulfill such agreement shall constitute a general obligation of such
entity for which its full faith and credit shall be and hereby is
pledged;
(7) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage pro-
jects, 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 or
from the State of Georgia or any agency, instrumentality, or
political subdivision thereof;
(8) To make loans with, and accept grants of money, materi-
als, or property of any kind from, the United States of America or
any agency or instrumentality thereof, upon such terms and
conditions as the United States of America or such agency or
instrumentality may impose;
(9) To make loans with, and accept grants of money, materi-
als, or property of any kind from, the State of Georgia or any
agency, instrumentality, or political subdivision thereof, upon
such terms and conditions as the State of Georgia or such agency,
instrumentality, or political subdivision may impose;
(10) To borrow money for any of its corporate purposes 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;
(11) To exercise any power usually possessed by private
corporations performing similar functions, including the power to
make short-term loans and to approve, execute, and deliver appro-
priate evidence of any such indebtedness, provided no such power
is in conflict with the Constitution or general laws of this state;
and
3434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(12) To do all things necessary or convenient to carry out
the powers expressly given in this Act.
Section 5. Financing projects. The authority, or any authority
or body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall
have power and is hereby authorized at one time, or from time to time,
to borrow money for the purpose of paying all or any part of the cost,
as herein defined, or any one or more projects and to provide by
resolution for the issuance of negotiable revenue bonds for that
purpose. The principal and interest of such revenue bonds shall be
payable solely from the special fund herein provided for such pay-
ment. 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, as now or hereafter amended, payable sem-
iannually, shall mature at such time or times not exceeding 30 years
from their date or dates, shall be payable in such medium of payment
as to both principal and interest as may be determined by the
authority, and may be made redeemable before maturity, at the
option of the authority, at such price or prices and under such terms
and conditions as may be fixed by the authority in the resolution
providing for the issuance of the bonds.
Section 6. Revenue bonds; form; denominations; registration;
place of payment. The authority shall determine the form of the
bonds, including any interest coupons to be attached thereto, and
shall fix the denomination or denominations of the bonds and the
place or places of payment of principal and interest thereof, which
may be at any bank or trust company 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 registra-
tion of any coupon bond as to principal alone and also as to both the
principal and interest.
Section 7. Same; signatures; seal. All such bonds shall bear the
manual or facsimile signature of the chairman of the authority and
the attesting manual or facsimile signature of the secretary of the
authority, and the official seal of the authority shall be affixed
thereto. The signature of one of such officers shall be placed
manually on each bond. Any coupons attached thereto shall bear the
manual or facsimile signature of the chairman or the secretary of the
authority. Any coupon may bear the facsimile signature of such
person; and any bond may bear the facsimile signature of and may be
GEORGIA LAWS 1981 SESSION
3435
manually signed, sealed, and attested on behalf of the authority by,
such persons as at the actual time of the execution of such bonds shall
be duly authorized or hold the proper office, although at the date of
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 the delivery of such bonds, such
signature shall nevertheless be valid and sufficient for all purposes
the same as if he had remained in office until such delivery.
Section 8. Same; negotiability; exemption from taxation. All
revenue bonds issued under the provisions of this Act shall have and
are hereby declared to have all the qualities and incidents of negotia-
ble instruments under the laws of the State of Georgia pertaining to
negotiable instruments. Such bonds are declared to be issued for an
essential public and governmental purposes; and the said bonds, their
transfer, and the income therefrom shall be exempt from all taxation
within the state.
Section 9. Same; sale; price. The authority may sell such bonds
in such manner and for such price as it may determine to be 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 any trust indenture, additional bonds
may in like manner be issued to provide the amount of any deficit,
which, unless otherwise provided in the resolution authorizing the
issuance of the bonds or in any trust indenture, shall be deemed to be
of the same issue and shall be entitled to 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 to be used for paying
the principal of and the interest on such bonds.
Section 11. Same; interim receipts and certificates or temporary
bonds. Prior to the preparation of definitive bonds, the authority
may, under like restrictions, issue interim receipts, interim certifi-
cates, or temporary bonds, with or without coupons, exchangeable for
definitive bonds upon the issuance of the latter.
3436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 12. Same; replacement of lost or mutilated bonds. The
authority may also provide for the replacement of any bond which
shall become mutilated or be destroyed or lost.
Section 13. Same; conditions precedent to issuance; object of
issuance. Such revenue bonds may be issued without any other
proceedings or the happening of any other conditions or things than
those proceedings, conditions, and things which are specified or
required by this Act. In the discretion of the authority, revenue bonds
of a single issue may be issued for the purpose of any particular
project. Any resolution providing for the issuance of revenue bonds
under the provisions of this Act shall become effective immediately
upon its passage and need not be published or posted; and any such
resolution may be passed at any regular, special, or adjourned meet-
ing of the authority by a majority of the quorum as provided in this
Act.
Section 14. Same; credit not pledged. Revenue bonds issued
under the provisions of this Act shall not be deemed to constitute a
debt of Camden County nor a pledge of the faith and credit of the said
county, but such bonds shall be payable solely from the fund herein-
after 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 15. Same; trust indenture as security. In the discretion
of the authority, any issue of such revenue bonds may be secured by a
trust indenture by and between the authority and a corporate trustee,
which may be any trust company or bank within or without the state
having the powers of a trust company. Such trust indenture may
pledge or assign fees, tolls, charges, revenues, and earnings to be
received by the authority. Either the resolution providing for the
issuance of revenue bonds or such trust indenture may contain such
provisions for protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the authority in
relation to the acquisition of property, the construction of the project,
the maintenance, operation, repair, and insurance of the project, and
the custody, safeguarding, and application of all moneys, and may
also provide that any project shall be constructed and paid for under
GEORGIA LAWS 1981 SESSION
3437
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 and of the trustee, and may restrict the
individual right of action of bondholders as is customary in trust
indentures securing bonds and debentures of private corporations. In
addition to the foregoing, such trust indenture may contain such
other provisions as the authority may deem reasonable and proper for
the security of the bondholders. All expenses incurred in carrying out
such trust indenture may be treated as a part of the cost of mainte-
nance, operation, and repair of the project affected by such indenture.
Section 16. Same; to whom proceeds of bonds shall be paid. The
authority shall, in the resolution providing for the issuance of revenue
bonds or in any trust indenture, provide for the payment of the
proceeds of the sale of the bonds to any officer or person who or any
agency, bank, or trust company which shall act as trustee of such
funds and shall hold and apply the same to the purposes hereof,
subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 17. Same; sinking fund. The revenues, fees, tolls,
charges, and earnings derived from any particular project or projects,
regardless of whether or not such fees, tolls, charges, earnings, and
revenues were produced by a particular project for which bonds have
been issued, unless otherwise pledged and allocated, may be pledged
and allocated by the authority to the payment of the principal of and
interest on revenue bonds of the authority as the resolution authoriz-
ing 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 on such revenue bonds as such interest shall fall due, (2) the
3438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
principal of the bonds as the same shall fall due, (3) the necessary
charges of paying agents for paying principal, interest, and (4) any
premium upon bonds retired by call or purchase as hereinabove
provided. The use and disposition of such sinking fund shall be
subject to such regulations as may be provided in the resolution
authorizing the issuance of the revenue bonds or in any trust inden-
ture, but, except as may otherwise be provided in such resolution or
trust indenture, such sinking fund shall be a fund for the benefit of all
revenue bonds without distinction or priority of one over another.
Subject to the provisions of the resolution authorizing the issuance of
the bonds or in any trust indenture, surplus moneys in the sinking
fund may be applied to the purchase or redemption of bonds; and any
such bonds so purchased or redeemed shall forthwith be 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 inden-
ture, if any, except to the extent the rights herein given may be
restricted by resolution passed before the issuance of the bonds or by
any trust indenture, may, either at law or in equity, by suit, action,
mandamus, or other proceedings, protect and enforce any and all
rights under the laws of the State of Georgia or granted hereunder or
under such resolution or trust indenture, 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 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
GEORGIA LAWS 1981 SESSION
3439
of Camden County, Georgia, and any action pertaining to validation
of any bonds issued under the provisions of this Act shall likewise be
brought in said court, which shall have exclusive, original jurisdiction
of such actions.
Section 21. Same; validation. Bonds of the authority shall be
confirmed and validated in accordance with the procedure of the
Revenue Bond Law, as now or hereafter amended. The petition for
validation shall also make party defendant to such action any munici-
pality, county, authority, subdivision, or instrumentality of the State
of Georgia which has contracted with the authority to furnish or
receive the services and facilities of the water and sewerage system for
which bonds are to be issued and sought to be validated; and such
municipality, county, authority, subdivision, or instrumentality shall
be required to show cause, if any exist, 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 munici-
pality, county, authority, subdivision, or instrumentality contracting
with the said Camden County Industrial 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 interests and rights of the holders of such bonds;
and no other entity, department, agency, or authority will be created
which will compete with the authority to such an extent as to affect
adversely the interests and rights of the holders of such bonds. The
provisions of this Act shall be for the benefit of the authority and the
holders of any such bonds and, upon the issuance of bonds under the
provisions hereof, shall constitute a contract with the holders of such
bonds.
Section 23. Moneys received considered trust funds. All moneys
received pursuant to the authority of this Act, whether as proceeds
from the sale of revenue bonds, as proceeds of short-term loans, as
grants or other contributions, or as revenues, fees, and earnings, shall
be deemed to be trust funds to be held and applied solely as provided
in this Act.
3440 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, constructing, equipping,
maintaining, and operating adequate water supply, treatment, and
distribution facilities and sewerage collection, treatment, and distri-
bution facilities; making such facilities and the services thereof
available to public and private consumers and users located in
Camden County and its environs, including municipalities within and
outside the county, and to adjoining counties; extending and improv-
ing such facilities; and doing all things deemed by the authority
necessary, convenient, and desirable for and incident to the efficient
and proper development and operation of such undertakings.
Section 25. 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 under-
taking or project, to issue revenue bonds as herein provided to finance
in whole or in part the cost of the acquisition, construction, recon-
struction, improvement, betterment, or extension of the water and
sewerage system, and to pledge to the punctual payment of said bonds
and interest thereon all or any part of the revenues of such undertak-
ing or project, including the revenues of improvements, betterments,
or extensions thereto thereafter made.
Section 26. Tax-exempt status of authority. The properties of
the authority, both real and personal, are declared to be public
properties used for the benefit and welfare of the people of the State
of Georgia and not for purposes of private or corporate benefit and
income; and such properties and the authority shall be exempt from
all taxes and special assessments of any city or county or of the state
or any political subdivision thereof.
Section 27. Rules and regulations for operation of projects. It
shall be the duty of the authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act.
Section 28. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to provide an additional
and alternative method for the doing of the things authorized thereby
and shall be regarded as supplemental and additional to powers
GEORGIA LAWS 1981 SESSION
3441
conferred by other laws, and shall not be regarded as in derogation of
any powers now existing.
Section 29. Liberal construction of Act. This Act being for the
welfare of various political subdivisions of the state and its inhabi-
tants shall be liberally construed to effect the purposes hereof.
Section 30. Effect of partial validity 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 provi-
sions.
Section 31. Effect on existing powers. This Act does not in any
way take from Camden County or any municipality located therein or
in any adjoining county the authority to own, operate, and maintain
water systems or issue revenue bonds as is provided by the Revenue
Bond Law of Georgia.
Section 32. 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 there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to enact an Act
creating the joint Camden County Industrial Authority; and for other
purposes.
This the 29th day of January, 1981.
/s/ Bill Littlefield
Senator,
6th District
The undersigned hereby certifies that the attached legal notices
were published in the Camden County Tribune on the following
dates: Jan. 29, Feb. 5, Feb. 12,1981. The undersigned further certifies
3442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that The Camden County Tribune is the official legal organ of
Camden County, Georgia.
The Camden County Tribune
By C. Roberts
Publisher
Sworn to and subscribed before me,
this 12 day of February, 1981.
/s/ Audrey T. Addy
Notary Public, Georgia State at Large
My Commission Expires Nov. 28, 1983.
(Seal).
Approved April 6, 1981.
CHATHAM COUNTYCHIEF TAX ASSESSOR.
No. 205 (Senate Bill No. 454).
AN ACT
To amend an Act implementing a constitutional amendment to
authorize the General Assembly to change provisions relating to tax
administration of Chatham County and Savannah, approved April 8,
1965 (Ga. Laws 1965, p. 3354), so as to change the manner of
appointment and qualifications of the chief tax assessor; to provide
for all related matters; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3443
Section 1. An Act implementing a constitutional amendment to
authorize the General Assembly to change provisions relating to tax
administration of Chatham County and Savannah, approved April 8,
1965 (Ga. Laws 1965, p. 3354), is hereby amended by striking from the
first sentence of Section 6 the following:
with the concurrence of the mayor and aldermen of the City of
Savannah,
and by striking the second sentence of Section 6, which reads as
follows:
The chief tax assessor shall be a citizen of the State of Georgia
and a resident of Chatham County for at least twelve (12) months
prior to his appointment either without or within the limits of any
city therein.,
so that when so amended said Section 6 shall read as follows:
Section 6. In addition, there shall be appointed a chief tax
assessor who shall be appointed by the Chatham County commis-
sioners.
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 for local legislation
which will be introduced at the 1981 Session of the General Assembly
of Georgia to eliminate that portion of Section 6 and an Act set forth
in Georgia Laws, 1965, Page 3354, which provides for qualifications of
residency for the Chief Tax Assessor.
Anton F. Solms, Jr.
Chatham County Attorney
3444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Tom Coleman, Jr. who, on oath,
deposes and says that he is Senator from the 1st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Savannah Evening Press which is the official
organ of Chatham County, on the following dates: February 17, 24,
and March 3,1981.
/s/ J. Tom Coleman, Jr.
Senator,
1st District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/si Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURTSADVANCEMENT OF COURT COSTS
IN CERTAIN COUNTIES (190,000 - 210,000).
No. 206 (Senate Bill No. 455).
AN ACT
To provide for the advance deposit toward court costs in the State
Courts of the counties of this State having a population of not less
GEORGIA LAWS 1981 SESSION
3445
than 190,000 nor more than 210,000, according to the United States
decennial census of 1980 or any future census, so as to provide that
the advance deposit toward the payment of court costs cover all
charges of the office of Clerk of said State Court and of the Sheriff of
said State Courts shall be Twenty Dollars ($20.00); to repeal certain
specific Acts; to provide the effective date of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. All persons, firms or corporations filing a suit, civil
action, petition, motion or other legal proceeding which commences a
civil legal action of any kind shall pay an advance deposit of Twenty
Dollars ($20.00) to the Clerk of said State Courts in all counties of this
State having a population of not less than 190,000 nor more than
210,000 according to the United States decennial census of 1980 or
any future such census, at the time of filing of said proceeding to be
applied to the payment of all court costs including the charges of the
Clerk and the Sheriff of said Courts.
Section 2. This Act specifically repeals Section 7 of that certain
Act approved August 15,1927 (Ga. L. 1927, p. 452) and all laws of this
State amendatory thereof in conflict with the provisions hereof.
Section 3. This Act shall become effective on the first day of
June, 1981.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
3446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUNICIPAL COURT OF SAVANNAHCOURT
COSTS, ETC.
No. 207 (Senate Bill No. 456).
AN ACT
To amend an Act revising, altering, and consolidating into a
comprehensive Act all laws relating to the Municipal Court of
Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), as
amended, so as to set the cash deposit of $8.00 as a filing fee to be
applied toward payment of court costs to be paid to the clerk of said
court at the time of filing of a suit, petition, complaint, or any other
legal proceeding wherein the principal sum sued for or the value of the
property in controversy does not exceed the sum of $500.00; to set the
cash deposit of $12.00 as a filing fee to be applied toward the payment
of court costs to be paid to the clerk of said court at the time of filing
of any suit, petition, or any other proceeding wherein the principal
sum sued for or the value of the property in controversy exceeds the
sum of $500.00 up to a maximum of $1,500.00; to set the amount of
cash deposit at $12.00 to be paid to the clerk at the time of filing an
appeal to a jury by the appellant; to set the various court costs for the
filing, docketing, issuing of summons, and other legal proceedings or
writs by the clerk of the Municipal Court of Savannah and also to set
a charge for the service of any suit, action, petition, or other proceed-
ing upon the defendant and an additional charge for service on each
additional defendant; to provide for all related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act revising, altering, and consolidating into a
comprehensive Act all laws relating to the Municipal Court of
Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), 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. (a) Each party filing a suit, civil action, petition,
motion, or other proceeding of any character in said Municipal Court
of Savannah under Section 7 hereof shall deposit the sum of $8.00 as
an advance deposit to be paid to the clerk of said court at the time of
the filing of said proceeding to be applied to the payment of court
costs, provided that the principal sum sued for or the value of the
property in controversy does not exceed the sum of $500.00.
GEORGIA LAWS 1981 SESSION
3447
(b) In those suits, civil actions, petitions, motions, or other
proceedings in which the principal sum sued for exclusive of interest,
attorneys fees, and costs, in which the value of the property in
dispute, exclusive of hire, is more than $500.00 and less than
$1,500.00, except where jurisdiction is vested exclusively in some
other court by the Constitution or laws of this state, each party filing
such a suit or proceeding shall deposit the sum of $12.00 as an
advance deposit to be paid to the clerk of said court at the time of the
filing of said suit or proceeding to be applied to the payment of court
costs.
(c) The deposit shall not be required by the clerk of any person
who shall subscribe to an affidavit to the effect that for reasons of
poverty he or she is unable to pay the same, provided said affidavit is
approved by the judge of said court.
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. Whenever either party to an action provided for in
Section 7 hereof shall be dissatisfied with the judgment of the court,
he may enter a written appeal to a jury of six and shall deposit with
the clerk at the time of filing such appeal the sum of $12.00 as jury
fees. The said municipal court jury shall be selected and impaneled as
now or as may hereafter be provided in justices courts, except that
the jurors may reside in any district in Chatham County. Jurors shall
be paid the same amount that may be provided for jurors in the
superior court. In addition to the other costs to be taxed by the court,
the court shall tax against the losing party $12.00 in each case tried by
a jury as costs for jury fees; and, if the party originally making the
written demand for a trial by jury and depositing with the clerk the
sum of $12.00 as jury fees prevails in such proceedings, the amount of
said deposit shall be taxed as aforesaid against the losing party as a
part of the costs in the case and, if recovered, shall be refunded to the
party depositing same after all costs have been paid, provided that
the initial trial shall be before the court without a jury.
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:
3448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 17. (a) In any action in said court wherein the value of
the property in controversy or the amount involved exceeds $500.00
and is not more than $1,500.00, exclusive of interest, attorneys fees,
and costs, any judgment, order, or ruling of the court shall be subject
to review by the Court of Appeals or the Supreme Court of Georgia in
the same manner that judgments and orders of the superior courts are
now reviewed; and, in such cases, the trial judge who presided on the
original trial of the case or, in his absence, the other judge sitting in
said court shall have the same powers and the duties respecting all
proceedings, including supersedeas, as the judges of the superior
courts now or hereafter may have.
(b) Actions involving not more than $500.00 are likewise review-
able hereunder after the same have been tried by a jury, or otherwise
finally disposed of by the court. The foregoing shall not be construed
as limiting the right to the writ of certiorari.
Section 4. Said Act is further amended by striking Section 20 in
its entirety and inserting in lieu thereof a new Section 20 to read as
follows:
Section 20. The following costs shall be applicable in the
Municipal Court of Savannah in civil cases not exceeding $500.00,
provided that, when the sum recovered is less than $20.00, the cost
shall be one-half:
Docketing suits, complaints, or motions..............$ 3.00
Issuing process or summons............................. 3.00
Cost before judgment .................................. 7.00
Cost with default judgment............................. 9.00
Cost with trial and judgment.......................... 12.00
Extra defendant, each.................................. 4.00
Garnishment cost, each................................ 10.00
Execution cost......................................... 5.00
Dispossessory warrant (filing fee and cost)............ 7.50
Suit on account and garnishment....................... 12.00
Affidavit, bond for attachment......................... 8.00
Distress warrant ...................................... 8.00
Mortgage foreclosure .................................. 8.00
Possessory warrant..................................... 8.00
Service of complaint, petition,
or motion; each service....................... 10.00
GEORGIA LAWS 1981 SESSION
3449
The following costs shall be applicable in the Municipal Court of
Savannah in civil cases above $500.00 and not more than $1,500.00:
Docketing suits, complaints, or motions..............$ 5.00
Law library............................................ 2.00
Issuing process or summons............................. 5.00
Cost before judgment ................................. 12.00
Cost with default judgment............................ 14.00
Cost with trial before court and judgment............. 17.00
Cost with jury and judgment........................... 21.00
Extra defendant, each.................................. 5.00
Garnishment cost, each................................ 11.00
Execution cost......................................... 6.00
Suit on account and garnishment....................... 18.00
Affidavit, bond for attachment........................ 12.00
Service of complaint, petition, or motion;
each service................................ 10.00
Section 5. This Act shall become effective on June 1,1981.
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 in the 1981
session of the General Assembly of Georgia a bill to revise, alter, and
change the laws relating to the filing fees, all court costs and appellate
procedure of the Municipal Court of Savannah.
This 29th day of January, 1981.
Anton F. Solm, Jr.
Chatham County Attorney
215
3450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Tom Coleman, Jr. who, on oath,
deposes and says that he is Senator from the 1st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Savannah Evening Press which is the official
organ of Chatham County, on the following dates: January 30, Febru-
ary 6,13, 1981.
/s/ J. Tom Coleman, Jr.
Senator,
1st District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
SMALL CLAIMS COURT ACT REPEALED AS TO
CERTAIN COUNTIES (4,600 - 5,300).
No. 208 (House Bill No. 5).
AN ACT
To repeal an Act entitled An Act creating a small claims court in
each county of this state having a population of not less than 4,600
GEORGIA LAWS 1981 SESSION
3451
and not more than 5,300, according to the United States decennial
census of 1960 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitutions and
tenure of office of the judge of any small claims court; to prescribe the
jurisdiction, pleadings, practice and service of processes therein; to
provide for a clerk and to prescribe his duties and remuneration; to
provide for the validation of acts and proceedings therein; to provide
for bailiffs; to standardize and fix the monetary limits of such courts
in conformity with preexisting small claims courts in this state; to
provide for the procedure and practice in garnishments, in the
issuance of executions from said courts, and in the trial of claim cases
and illegalities instituted by third parties; to fix, clarify and make
certain the provisions as to costs in certain cases; to authorize the
board of commissioners of roads and revenues to provide adequate
and suitable quarters, facilities and accommodations for transacting
the business of said courts; to provide such additional personnel as in
their judgment such courts may require; to repeal conflicting laws;
and for other purposes., approved April 4, 1967 (Ga. Laws 1967, p.
2624); to provide an effective date; to provide conditions for the
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a small claims court
in each county of this state having a population of not less than 4,600
and not more than 5,300, according to the United States decennial
census of 1960 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitutions and
tenure of office of the judge of any small claims court; to prescribe the
jurisdiction, pleadings, practice and service of processes therein; to
provide for a clerk and to prescribe his duties and remuneration; to
provide for the validation of acts and proceedings therein; to provide
for bailiffs; to standardize and fix the monetary limits of such courts
in conformity with preexisting small claims courts in this state; to
provide for the procedure and practice in garnishments, in the
issuance of executions from said courts, and in the trial of claim cases
and illegalities instituted by third parties; to fix, clarify and make
certain the provisions as to costs in certain cases; to authorize the
board of commissioners of roads and revenues to provide adequate
and suitable quarters, facilities and accommodations for transacting
the business of said courts; to provide such additional personnel as in
their judgment such courts may require; to repeal conflicting laws;
and for other purposes., approved April 4, 1967 (Ga. Laws 1967, p.
2624), is hereby repealed in its entirety.
3452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Lanier
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
LANIER COUNTYSMALL CLAIMS COURT CREATED.
No. 209 (House Bill No. 6).
AN ACT
To create and establish a Small Claims Court of Lanier County; to
provide for the current judge; to provide for the appointment, duties,
powers, compensation, qualifications, substitutions and tenure of
office of the judge of any small claims court; to prescribe the jurisdic-
tion, pleadings, practice and service of processes therein; to provide
for a clerk and to prescribe his duties and remuneration; to provide
for the validation of acts and proceedings therein; to provide for
bailiffs; to standardize and fix the monetary limits of such court in
conformity with preexisting small claims courts in this state; to
provide for the procedure and practice in garnishments, in the
issuance of executions from said court, and in the trial of claim cases
and illegalities instituted by third parties; to fix, clarify and make
certain the provisions as to costs in certain cases; to authorize the
county commissioners of Lanier County to provide adequate and
suitable quarters, facilities and accommodations for transacting the
business of said court; to provide such additional personnel as in their
judgment such court may require; to provide for the continuation of
certain processes, actions, suits, and cases; to provide for other
matters relative to the foregoing; to provide for legislative intent; to
GEORGIA LAWS 1981 SESSION
3453
provide for severability; to provide an effective date; to provide
conditions for 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 and established a Small
Claims Court of Lanier County. Such court shall have civil jurisdic-
tion 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
$1,000.00, said jurisdiction to be county-wide and to be concurrent
with the jurisdiction of any other court or courts now or hereafter
established in Lanier County; and such jurisdiction shall include the
power to issue writs of garnishment and attachment, foreclose chattel
mortgages and other instruments passing or retaining title to person-
alty for the purpose of securing debt; and, in addition to the powers
herein specifically granted, also the powers granted to justices of the
peace by the Constitution and laws of the State of Georgia.
Section 2. (a) The judge of the small claims court in Lanier
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the senior judge of the superior court in Lanier
County shall appoint a citizen of Lanier County to be judge of the
small claims court for a term of four years and until his successor is
appointed and qualified. Vacancies for any unexpired terms shall be
filled in the same manner as appointments.
Section 3. Whenever the judge of the small claims court shall be
unable, because of absence, sickness, or other cause, to discharge any
duty appertaining to his office, the judge of the superior court of the
judicial circuit 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 so unable to act.
Section 4. Any duties herein prescribed to be performed by the
clerk of a small claims court may be performed by the judge thereof,
although the judge may appoint a person to act as clerk, said clerk to
be compensated, if at all, from the fees herein authorized.
3454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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-
ant, in clear and 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. The judge or clerk may, at the request of
any individual, prepare the statement of claim and other papers
required to be filed in an action.
(b) A copy of the verified statement, 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 may be made in
Lanier County by an officer or person authorized by law to serve
process in superior courts; or by a duly qualified small claims court
bailiff; or by registered or certified mail with a return receipt; or by
any private individual not a party to or otherwise interested in the
suit, especially appointed by the judge 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,
verification and 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 on the record the
date and hour of mailing. When a receipt therefor is returned, the
clerk or judge shall attach the same to the original statement and
notice of claim, or otherwise file it as a party of the record in case, and
it shall be a prima facie evidence of service upon the defendant.
(d) When served by a private individual, as above provided, he
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. 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
GEORGIA LAWS 1981 SESSION
3455
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall specify the day and hour of the hearing,
which shall not be less than five nor more than thirty-five 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 shall be
indicated every proceeding and ruling had in the case.
Section 8. The plaintiff, when he files his claim, shall deposit
with the court the sum of five dollars ($5.00) which shall cover the
costs of the proceeding up to and including the rendering of a
judgment, except the cost of serving process or notice to defendants
and summoning witnesses when required; but the deposit of costs in
cases of attachment, garnishment, trover, statutory foreclosures on
personalty, and replevin by possessory warrant, shall be seven dollars
and fifty cents ($7.50); and in other matters (not specifically men-
tioned 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 seven dollars and fifty cents ($7.50),
to be 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 a litigant the right to proceed further in any case pending.
The award of court costs, as between the parties, shall be according to
discretion of the judge and shall be taxed in the case at his discretion.
Section 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. 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 the merits.
(b) The judge shall conduct the trial in such manner as to do
substantial justice between the parties according to the rule of
substantive law, and all rules and regulations relating to pleading,
practice and procedure shall be liberally construed so as to administer
justice.
3456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) In cases of attachment, garnishment, and trover, the legal
grounds thereof shall be as now or hereafter provided by law, and the
pleading and practice in such cases shall be substantially the same as
obtained in courts of justices of the peace; and no formal declaration
in attachment shall be required.
(d) If the plaintiff fails to appear, the case may be dismissed for
want of prosecution, or 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, or order the
same dismissed for want of prosecution, or make any other just and
proper disposition thereof, as justice may dictate.
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 in his discretion 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. 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 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 seven dollars
and fifty cents ($7.50) for every such claim case. The same practice
and procedure shall apply in cases of illegality affidavits. The
plaintiff in attachment or plaintiff in execution may make written
demands for a trial by jury within five days after a claim affidavit and
bond is filed with the levying officer. The party demanding such jury
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 losing party in said proceeding.
Section 12. When a judgment is to be rendered and the party
against whom it is to be rendered 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, and to
GEORGIA LAWS 1981 SESSION
3457
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 such 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 judge of the superior court presiding in Lanier
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, from time to time, to ensure the proper administration of
justice and to accomplish the purposes hereof. All such rules made by
the judge of the superior court shall be placed in a special book for
that purpose which is to be kept by the judge of the small claims
court.
Section 15. The judge of such court shall have power to appoint
one or more bailiffs of and for said small claims court, to act within
and throughout the limits of Lanier County, such bailiffs to serve at
the pleasure of the judge and under his direction, and a person so
appointed shall be known and designated as small claims court
bailiff and have the powers and authority, and be subject to the
penalties, of all lawful constables of the State of Georgia, including
the power to serve any and all processes and writs issued from or by
said small claims court, with power, also to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment as
such, take and subscribe the oath of office as prescribed in section 24-
804 and give the bond prescribed in section 24-811 of the Code of
Georgia, and such bailiffs shall be subject to be removed for failure or
malfeasance in office as are other lawful constables of this state.
Section 16. Such small claims court shall have no designated
terms at stated periods, but being always open for the transaction of
business, the judge thereof shall, in each instance, set dates for all
hearings and trials in every kind of case and, also, designate the times
when attachments and executions are returnable and, also, designate
the time when each answer to a summons of garnishment shall be
filed, but no garnishee may be required to file his answer sooner than
3458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ten days after he is served with summons. Whenever a garnishee shall
fail to answer at the time so stated in the summons served upon him,
unless the court in its discretion extends the time for filing, the judge
may forthwith render judgment and issue an execution against the
garnishee in favor of the plaintiff for the amount previously adjudged
to be due the plaintiff by the original defendant, and also for costs in
the garnishment proceeding, but no judgment shall be rendered
against a garnishee before a final judgment shall have been first
rendered against the defendant.
Section 17. A summons of garnishment may be served by the
sheriff or his deputies, or by a lawful constable, or by a small claims
court bailiff; or it may be served by registered or certified mail,
provided such service by mail is evidenced by a properly signed return
receipt, which receipt shall be attached to the original garnishment
affidavit, or the writ of attachment. Whenever served in person by a
court officer as aforesaid, such officer shall enter his return of services
either on the back of the original garnishment affidavit or the
attachment writ or on the back of a conformed copy of the original
summons of garnishment which was given to the garnishee, or such
entry of service may be made on a separate paper and attached to the
said garnishment affidavit or the writ of attachment, as the case may
be.
Section 18. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice by depositing with the judge or
his clerk such sum as the judge may fix as reasonable to secure
payment of cost incurred by reason of a jury trial. The judge or clerk
shall have the power to subpoena jurymen, and witnesses, and to
compel their attendance.
(a) Unless otherwise demanded such juries shall consist of six
persons chosen from twelve veniremen, the plaintiff and defendant
having three strikes each.
(b) The judge of a small claims court shall have power to impose
fines of not more than ten dollars or imprisonment for not longer than
twenty-four hours on any person guilty of contempt of court, such
fines to be paid into the Lanier County treasury or Lanier County
depository for county purposes.
GEORGIA LAWS 1981 SESSION
3459
Section 19. Judgments of small claims court shall become a lien
on the real estate and personal property of a defendant, from the time
of the filing in the office of the clerk of the superior court for said
county, of an execution based upon such judgment and the entry
thereof by the clerk in the general execution docket for said county.
Section 20. Appeals may be had from judgments rendered in a
small claims court, to the superior court, by the party desiring to
appeal. Said party shall first pay all costs then due. Said party must
then file in the superior court a written appeal which shall include the
name and number of the case in the small claims court stating his
grounds for appeal, which grounds must first be heard before the
judge of the superior court. If after a full hearing the grounds for
appeal are denied, said party shall have the right to appeal to a higher
court in the same manner as other decisions of the superior court are
appealed.
Section 21. Until otherwise provided by rules of court, the
statement of claims verification, and notice shall be in the following
or equivalent form, and shall be in lieu of any forms now employed
and of any form of summons and/or process now provided by law:
Small Claims Court
(County name) County, Georgia
____________________ (County site),
Georgia
Plaintiff
vs.
Defendant
Address
3460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Statement of Claim.
(Here the plaintiff, or at his request the court, will insert a
statement of the plaintiffs claim, and the original to be filed with the
court may, if action is on a contract, express or implied, be verified by
the plaintiff or his agent, as follows:)
State of Georgia, County of _______________________________________,
_____________________, being first duly sworn on oath, says the forego-
ing is a just and true statement of the amount owing by defendant to
plaintiff, exclusive of all set-offs and just grounds of defense.
Plaintiff (or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
Notary Public
Notice.
To
Defendant
Home Address
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_______________day of
_______________, 19_____, 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 1981 SESSION
3461
If you have witnesses, books, receipts, or other writings bearing on
this claim, you should bring them with you at the time of the 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 circumstance to the court.
You may come with or without an attorney.
Judge-Clerk of the Small Claims Court
(Seal).
Section 22. All acts performed by the judge or clerk and all
proceedings before the Small Claims Court of Lanier County are
hereby validated, and all judgments and executions therein or there-
from shall run and be enforceable throughout this state.
Section 23. No time served as judge of said small claims court
shall count towards any retirement as a judge of a superior court.
Section 24. (a) All supplies and paraphernalia, forms, docket
books, file jackets, filing cabinets and the like, required by this Act in
the proper operation of a small claims court shall be furnished by the
Lanier County commissioners upon requisition of the judge of such
court.
(b) The Lanier County commissioners shall provide adequate
and suitable quarters, facilities and accommodations for transacting
the business of such court, and they may provide such additional
personnel as in their judgment the court may from time to time
require.
Section 25. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Lanier County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Lanier County which is
created by this Act.
3462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 26. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Lanier County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore existing small claims court in Lanier
County as created by an Act approved April 4,1967 (Ga. Laws 1967, p.
2624), which court shall stand abolished by action of the General
Assembly effective July 1,1981.
Section 27. 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 uncon-
stitutional 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 28. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating a small claims court in each county of this
state having a population of not less than 4,600 and not more than
5,300, according to the United States decennial census of 1960 or any
future such census; to provide for the appointment, duties, powers,
compensation, qualifications, substitutions and tenure of office of the
judge of any small claims court; to prescribe the jurisdiction, plead-
ings, practice and service of processes therein; to provide for a clerk
and to prescribe his duties and remuneration; to provide for the
validation of acts and proceedings therein; to provide for bailiffs; to
standardize and fix the monetary limits of such courts in conformity
with preexisting small claims courts in this state; to provide for the
procedure and practice in garnishments, in the issuance of executions
from said courts, and in the trial of claim cases and illegalities
instituted by third parties; to fix, clarify and make certain the
provisions as to costs in certain cases; to authorize the board of
commissioners of roads and revenues to provide adequate and suit-
able quarters, facilities and accommodations for transacting the
business of said courts; to provide such additional personnel as in
their judgment such courts may require; to repeal conflicting laws;
and for other purposes., approved April 4, 1967 (Ga. Laws 1967, p.
2624); to provide an effective date; to provide conditions for the
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
3463
does not pass the 1981 session of the General Assembly and is not
signed by the Governor or does not become law without his signature,
this Act shall be null and void and shall stand repealed in its entirety.
Section 29. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Lanier County; to provide for other matters
relative thereto; and for other purposes.
This the 15th day of Dec., 1980.
Lakeland Merchants
Association
By Carolyn M. Giddens
President
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 Intro-
duce Local Legislation was published in the Lanier County News
which is the official organ of Lanier County, on the following dates:
December 18,25,31,1980.
/s/ Robert L. Patten
Representative,
149th District
3464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
MACON-BIBB COUNTY WATER AND SEWERAGE
AUTHORITY ACT AMENDED.
No. 210 (House Bill No. 51).
AN ACT
Amendatory of an Act known as Macon-Bibb County Water &
Sewerage Authority Act Amended, approved February 8, 1974
(Georgia Laws 1974, page 2031 et seq.); and to amend an Ordinance of
the City of Macon, Georgia, entitled An Ordinance to amend the
Charter of the City of Macon whereby all of the property and assets,
real and personal, under the custody and control of the Board of
Water Commissioners, or utilized heretofore by the Water Board in
its water and sanitary sewerage activities, be transferred to the
Macon-Bibb County Water and Sewerage Authority; to repeal char-
ter provisions pertaining to the Board of Water Commissioners,
approved May 11,1974, passed and approved pursuant to the author-
ity of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page
298 et seq., as amended, Section 69.1017 et seq., 1933 Code of Georgia
Annotated), published in Georgia Laws 1975, page 4841 et seq.; to
amend an Act entitled Macon-Water Commissioners- Pension
Plan, approved December 30,1953 (Georgia Laws 1953, November-
December Session, 2831 et seq.), as amended so as to change the name
GEORGIA LAWS 1981 SESSION
3465
of the pension plan involved from the Board of Water Commis-
sioners Pension Plan to The Macon-Bibb County Water & Sewer-
age Authority Employees Pension Plan, and to amend Section 8 of
said last mentioned Act approved December 30, 1953, pertaining to
debts or charges to which benefit payments or portion of the pension
fund contributed by member employees or officers may be subjected;
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 Section 1 of an Act entitled Macon-Water
Commissioners-Pension Plan, approved December 30, 1953
(Georgia Laws 1953, November-December Session, page 2831 et seq.),
as amended, be amended by striking the same in its entirety and
adding in lieu thereof the following:
Section 1. From and after the effective date of this Act, hereinaf-
ter specified, the Pension and Retirement Plan for certain eligible
employees and officers of Macon-Bibb County Water & Sewerage
Authority, the successor to the Board of Water Commissioners of
Macon, Georgia, shall be known as The Macon-Bibb County Water &
Sewerage Authority Employees Pension Plan.
Section 2. Section 8 of said Act approved December 30,1953, as
amended, be amended by striking the same in its entirety and adding
in lieu thereof the following:
Section 8. Payment of benefits and exemption of funds and
benefits. All benefit payments save those described in Items (4), (5),
(6) and (7) of subsection (a) of Section 6, shall be paid monthly.
No benefit payment or portion of the Pension Fund contributed
by member employees or officers shall be subject to assignment, or
use as collateral, for any claim or debt of any kind or character by any
person, firm or corporation whatsoever, save by and at the instance of
the Macon-Bibb County Water & Sewerage Authority or the Macon
Water Works Credit Union, a corporation of Bibb County, Georgia,
and then only for money lawfully owing to said Authority or said
Credit Union by any particular member, and then only to the extent
of such members benefit payments and contributions to the Pension
Fund made prior to the completion of 20 years service, and then only
to a member whose service is terminated.
3466 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 Enact Local Legislation.
Pursuant to the provisions of Article III, Section VII, Paragraph
IX of the Constitution of the State of Georgia of 1976 (codified as
Section 2-1309 of the 1933 Code of Georgia Annotated, as amended,
notice is hereby given that application will be made to the 1981
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 entitled Macon Water Commissioners-Pension Plan,
appearing in Georgia Laws 1953, November-December Session, pp.
2831 et seq., as amended by Acts of the Georgia Legislature (Georgia
Laws 1964, pp. 2695 et seq. and Georgia Laws 1970, pp. 2324 et seq.,
and Home Rule Ordinance appearing in Georgia Laws 174, pp. 4088
et. seq.)
The purpose of said amendatory Act will be to change the name of
the Pension Plan from The Board of Water Commissioners Pension
Plan to The Macon-Bibb County Water and Sewerage Authority
Employees Pension Plan, and to amend Section 8 of said Pension
Plan Act pertaining to debts or charges to which benefit payments or
portions of the Pension Fund contributed by member employees or
officers may be subjected.
This 8th day of December, 1980.
Wallace Miller, Jr.
Attorney for Macon-Bibb
County Water and Sewerage
Authority
GEORGIA LAWS 1981 SESSION
3467
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 Intro-
duce Local Legislation was published in the Macon News which is the
official organ of Bibb County, on the following dates: December 12,19
and 26,1980.
/s/ Frank Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 12 day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF DACULAPROCEDURE TO OVERRIDE
MAYORS VETO.
No. 211 (House Bill No. 57).
AN ACT
To amend an Act creating a new charter for the city of Dacula,
approved February 21,1978 (Ga. Laws 1978, p. 3040), so as to provide
3468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that the city council may override the mayors veto by a majority vote
of the council; 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 Dacula,
approved February 21, 1978 (Ga. Laws 1978, p. 3040), is hereby
amended by striking subsection (b) of Section 2.27, relating to powers
and duties of the mayor, which reads as follows:
(b) shall approve or veto all ordinances or motions passed by the
council. However, a mayoral veto may be overridden by a 2/3 vote of
the council at the next regular meeting of the council;,
and inserting in its place a new subsection to read as follows:
(b) shall approve or veto all ordinances or motions passed by the
council. However, a veto may be overridden by a vote of the majority
of the council at its next regular meeting;.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating a new charter for the City of Dacula, approved February
21,1978 (Ga. Laws 1978, p. 3040), so as to change the vote of the city
council required to override a veto by the mayor; and for other
purposes.
This 17th day of Dec., 1980.
Vinson Wall
Representative,
District 61
GEORGIA LAWS 1981 SESSION
3469
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: December 17, 24,
31,1980.
/s/ Vinson Wall
Representative,
61st District
Sworn to and subscribed before me,
this 13th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CARROLL COUNTYCOMPENSATION OF CLERK
OF SUPERIOR COURT.
No. 212 (House Bill No. 295).
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
25,1980 (Ga. Laws 1980, p. 3961), so as to change the compensation of
the clerk of the superior court of Carroll County; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of the Superior Court of
Carroll County on a salary basis, approved March 27,1972 (Ga. Laws
1972, p. 2751), as amended, particularly by an Act approved March
25,1980 (Ga. Laws 1980, p. 3961), is hereby amended by striking in its
entirety Section 2, which reads 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.,
and inserting in its place a new section to read as follows:
Section 2. (a) For a period of three months immediately
following the effective date of this section the clerk of the superior
court shall receive a salary of $2,416.00 per month, payable monthly
from county funds.
(b) Immediately following the three-month period provided in
subsection (a), the salary of the clerk of the superior court shall be
$23,000.00 per year, 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.
GEORGIA LAWS 1981 SESSION
3471
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 1981 session of the General Assembly of Georgia a bill to change
the compensation of the Clerk of the Superior Court of Carroll
County and for other purposes.
This 23rd day of December, 1980.
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
/s/ Wayne Garner
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 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: December 25,
1980, January 1,8,1981.
/s/ Charles A. Thomas, Jr.
Representative,
66th District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
3472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved April 6,1981.
CARROLL COUNTYCOMPENSATION OF COUNTY
COMMISSIONER.
No. 213 (House Bill No. 294).
AN ACT
To amend an Act creating the office of Commissioner of Carroll
County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 4064), so as to change the compensation of the Commissioner
of Carroll County; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Commissioner of Carroll
County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 4064), is hereby amended by striking from Section 6 the
figure:
$24,500,
and inserting in lieu thereof the figure:
$30,000.00,
so that when so amended said Section 6 shall read as follows:
Section 6. The Commissioner shall receive a salary of $30,000.00
per annum. Such salary shall be payable in equal monthly install-
ments at the end of each month. In addition to the salary as provided
herein, the Commissioner shall also be allowed an expense account to
cover costs incurred in traveling and any other expenses incidental to
the performance of his duties which shall not exceed $3,000 per
annum.
GEORGIA LAWS 1981 SESSION
3473
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
1981 session of the General Assembly of Georgia a bill to change the
compensation of the Commissioner of Roads and Revenues of Carroll
County; and for other purposes.
This 23rd day of December, 1980.
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
/s/ Wayne Garner
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 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: December 25,
1980, January 1, 8,1981.
/s/ Charles A. Thomas, Jr.
Representative,
66th District
3474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
STATE COURT OF CARROLL COUNTYSALARY OF
SOLICITOR, ETC.
No. 214 (House Bill No. 293).
AN ACT
To amend an Act establishing the State Court of Carroll County
(formerly the City Court of Carrollton), approved December 21,1897
(Ga. Laws 1897, p. 438), as amended, particularly by an Act approved
April 17, 1973 (Ga. Laws 1973, p. 2714), so as to change provisions
relating to the compensation and staff of the solicitor; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Carroll County
(formerly the City Court of Carrollton), approved December 21,1897
(Ga. Laws 1897, p. 438), as amended, particularly by an Act approved
April 17,1973 (Ga. Laws 1973, p. 2714), is hereby amended by striking
from subsection (a) of Section 7 the following:
fifteen thousand one hundred twenty dollars ($15,120.00),
and inserting in lieu thereof the following:
GEORGIA LAWS 1981 SESSION
3475
$30,000.00,
so that when so amended said subsection (a) shall read as follows:
(a) It shall be the duty of the solicitor of the State Court of
Carroll County to represent the State in all cases therein, and in all
cases in the Supreme Court carried from said State Court to which the
State is a party. In case the solicitor of said State Court cannot attend
to the duties of the same, the judges thereof shall appoint some
competent attorney to act as solicitor pro tern. The solicitor of said
State Court shall receive an annual salary of $30,000.00, to be paid in
equal monthly installments from funds of Carroll County. The
solicitor shall diligently and faithfully undertake to collect all fees,
fines, forfeitures, commissions, costs, allowances, penalties, funds,
monies and all other emoluments and perquisites formerly allowed as
compensation for services in any capacity in his office, and shall
receive and hold the same in trust for said county as public 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, said officer shall furnish the governing authority
of the county a detailed, itemized statement, under oath, of all such
funds received during the preceding month by said officer and paid
into the county treasury. The statement shall show the respective
amounts of money collected and the source thereof. The solicitor of
said State Court, before entering upon the discharge of his duties,
shall, in addition to the oath required of all civil offices, take and
subscribe the following oath:
I do solemnly swear that I will faithfully and impartially, and
without fear, favor or affection, discharge the duties of the office of
solicitor of the State Court of Carroll County, so help me God.
Section 2. Said Act is further amended by striking in its entirety
subsection (b), which reads as follows:
(b) The solicitor shall have the authority to appoint a secretary
who shall be compensated out of the salary paid to the solicitor by
Carroll County. The solicitor shall have the authority to appoint such
other personnel as he shall deem necessary to efficiently and effec-
tively discharge the official duties of his office. He shall, from time to
time, recommend to the governing authority of said county the
number of such other personnel needed by his office, together with
3476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the suggested compensation to be paid each employee. The compen-
sation of such personnel shall be commensurate with the compensa-
tion received for similar work in Carroll County, but shall not be less
than the compensation paid to such personnel on February 1,1972. It
shall be within the sole discretion of the solicitor to set the compensa-
tion of each employee within his office. It shall be within the sole
power and authority of the solicitor, during his term of office, to
designate and name the person or persons who shall be employed as
such 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.,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) Any clerical or secretarial personnel employed by the solici-
tor shall be employed by him in his discretion and compensated by
him personally in such amounts as he may fix.
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 January
1981 session of the General Assembly of Georgia, a bill to amend the
Act creating a City Court of Carrollton, now known as the State Court
of Carroll County, as amended, so as to change the compensation of
the Solicitor of said court; and for other purposes.
This 23rd day of December, 1980.
/s/ Gerald L. Johnson
/s/ Charles A. Thomas, Jr.
/s/ Wayne Garner
GEORGIA LAWS 1981 SESSION
3477
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 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: December 25,
1980, January 1,8,1981.
/s/ Charles A. Thomas, Jr.
Representative,
66th District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
SUMTER COUNTYCOMPENSATION OF SHERIFF.
No. 216 (House Bill No. 261).
AN ACT
To amend an Act placing the Sheriff of Sumter County on a salary
basis in lieu of a fee basis, approved March 25,1965 (Ga. Laws 1965, p.
2748), as amended, particularly by an Act approved March 16, 1978
3478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. Laws 1978, p. 3861), so as to change the compensation of 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 Sumter County on a
salary basis in lieu of a fee basis, approved March 25,1965 (Ga. Laws
1965, p. 2748), as amended, particularly by an Act approved March
16,1978 (Ga. Laws 1978, p. 3861), is hereby amended by striking from
Section 1 of said Act the following:
15,301.00,
and substituting in lieu thereof the following:
$22,400.00,
so that when so amended Section 1 shall read as follows:
Section 1. The Sheriff of Sumter County shall be compensated
on a salary basis in lieu of a fee basis. He shall receive an annual
salary of $22,400.00, payable in equal monthly installments 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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the Sheriff of Sumter County on a salary, approved
March 27,1965 (Ga. Laws 1965, p. 2748), as amended, so as to change
the compensation of the sheriff; and for other purposes.
Bud McKenzie
Senator Elect,
14th District
George Hooks
Representative Elect,
116th District
GEORGIA LAWS 1981 SESSION
3479
Don Castleberry
Representative,
111th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George B. Hooks 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 Intro-
duce Local Legislation was published in the Americus Times-
Recorder which is the official organ of Sumter County, on the
following dates: January 2,9,16,1981.
/s/ George B. Hooks
Representative,
116th District
Sworn to and subscribed before me,
this 19th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SUMTER COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 217 (House Bill No. 63).
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 March 18, 1980 (Ga. Laws 1980, p.
3386), so as to change the compensation of 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 commis-
sioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as
amended, particularly by an Act approved March 18,1980 (Ga. Laws
1980, p. 3386), is hereby amended by striking from the last sentence of
subsection (b) of Section 10 of said Act the following:
$18,500.00,
and substituting in lieu thereof the following:
$21,000.00,
so that when so amended Section 10 of said Act shall read as follows:
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
GEORGIA LAWS 1981 SESSION
3481
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 $21,000.00 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
1981 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 in the office of Tax Commissioner, approved August
19, 1925, (Ga. Laws 1925, p. 744); as amended, so as to change the
compensation of the Tax Commissioner; and for other purposes.
Bud McKenzie
Senator-Elect,
14 District
George Hooks
Representative-Elect,
116 District
Don Castleberry
Representative,
111 District
216
3482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George B. Hooks 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 Intro-
duce Local Legislation was published in the Americus Times-
Recorder which is the official organ of Sumter County, on the
following dates: December 20,27,1980, January 3,1981.
/s/ George B. Hooks
Representative,
116th District
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DECATUR COUNTYBAINBRIDGE INDUSTRIAL
DEVELOPMENT AUTHORITYPOWERS.
No. 218 (House Bill No. 69).
AN ACT
To further define and prescribe the powers of the Decatur
County-Bainbridge Industrial Development Authority which was
GEORGIA LAWS 1981 SESSION
3483
created pursuant to an amendment to the Constitution (Ga. Laws
1968, p. 1780), duly ratified and proclaimed as a part of the Constitu-
tion of the state; to supplement, enlarge, and extend such powers with
respect to said authority; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, by amendment to the Constitution of the State of
Georgia (Ga. Laws 1968, p. 1780), duly ratified and proclaimed, there
was created a body corporate and politic known as the Decatur
County-Bainbridge Industrial Development Authority having the
purpose and powers therein more fully set forth; and
WHEREAS, the authority, since its creation and the appointment
of its members, has been in continual existence and has been actively
pursuing and promoting the public purposes for which it was created;
and
WHEREAS, subsequent to the creation of the authority, the
General Assembly of the state enacted the Development Authorities
Law, approved March 28,1969 (Ga. Laws 1969, p. 137), as amended,
which provides for the creation and activation of certain authorities
and grants to authorities created and activated thereunder certain
powers in furtherance of the public purposes stated therein; and
WHEREAS, the powers granted to authorities created under said
Development Authorities Law are broader than those set forth in the
constitutional amendment creating the authority; and the General
Assembly wishes to grant to the authority all additional powers and
authority for the carrying out of its public purposes as though said
authority had been created and activated pursuant to the Develop-
ment Authorities Law; and
WHEREAS, said constitutional amendment provides that the
General Assembly may by law further define and prescribe the
powers and duties of the Authority and the exercise thereof, and may
enlarge and restrict same, and may likewise further regulate the
management and conduct of the Authority.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. The powers granted to the Decatur County-
Bainbridge Industrial Development Authority in the amendment to
3484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Constitution (Ga. Laws 1968, p. 1780), hereinabove referred to,
are hereby supplemented, enlarged, and extended so as to include all
powers granted pursuant to the Development Authorities Law, as
now or hereafter amended, as though said authority had been created
and activated pursuant to said Development Authorities Law, includ-
ing specifically, but without any limitation, the following powers:
(1) The word project, as set forth in said constitutional
amendment, shall be expanded to include any project authorized
pursuant to the Development Authorities Law, as now or hereafter
amended.
(2) The term cost of project, as set forth in said constitu-
tional amendment, shall be expanded to include any project costs
permitted pursuant to the Development Authorities Law, as now
or hereafter amended, and not otherwise prohibited by the Consti-
tution.
(3) In addition to the specific powers granted to the author-
ity pursuant to paragraph F. of said constitutional amendment,
the authority shall have all powers now granted to authorities
created and activated pursuant to the Development Authorities
Law, as now or hereafter amended, and not otherwise prohibited
by the Constitution.
(4) In addition to obligations of any kind or character which
the authority is authorized to issue pursuant to the constitutional
amendment, the authority is hereby additionally authorized to
issue any obligations now authorized to be issued by any authority
created and activated pursuant to the Development Authorities
Law; and such additional obligations hereby authorized to be
issued shall be authorized, issued, validated, and delivered in the
manner and pursuant to the procedures as set forth in the
Development Authorities Law, as now or hereafter amended.
Section 2. It is the purpose of the General Assembly in enacting
this law that the authority have and retain all powers set forth in the
constitutional amendment and that those powers be fully supple-
mented, enlarged, and extended so as to permit the authority to
conduct its business and perform its public purposes as fully and
completely as though it were also an authority created and acti-
vated pursuant to the Development Authorities Law, as now or
hereafter amended.
GEORGIA LAWS 1981 SESSION
3485
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
1981 Session of the General Assembly of Georgia, a bill to further
define and describe powers of the Decatur County-Bainbridge Indus-
trial Development Authority which was created pursuant to an
amendment to the Constitution (Ga. Laws 1968, pp. 1780-1787) duly
ratified and proclaimed as a part of the Constitution of the State and
to supplement, enlarge and extend such powers with respect to said
Authority, all as is permitted pursuant to the terms of said Constitu-
tional amendment, so as to permit the Decatur County-Bainbridge
Development Authority to have, in addition to the powers and
purposes granted by the Development Authorities Law, as heretofore
amended, and to have the same as thoroughly and completely as
though said Authority were originally created and activated under
said Development Authorities Law; to provide for other matters
relative to the foregoing; and for other purposes.
This 15th day of December, 1980.
Decatur County-Bainbridge
Industrial Development
Authority
By: Harold Lambert, Attorney
for the Decatur County-
Bainbridge Industrial
Development Authority
3486 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:
December 17,24,31,1980.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF BAINBRIDGEELECTIONS, ETC.
No. 219 (House Bill No. 70).
AN ACT
To amend an Act creating a new charter for the City of
Bainbridge, approved December 16,1901 (Ga. Laws 1901, p. 321), as
amended, so as to change the date for holding elections in said city; to
GEORGIA LAWS 1981 SESSION
3487
provide for the election of the mayor and aldermen; to provide for
terms of office; to require certain language on the ballots; 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
Bainbridge, approved December 16,1901 (Ga. Laws 1901, p. 321), as
amended, is hereby amended by striking Section 4 in its entirety and
inserting in lieu thereof a new Section 4 to read as follows:
Section 4. (a) Beginning in 1981 and continuing thereafter, city
elections shall be held on the second Tuesday in November every two
years.
(b) The mayor and four aldermen elected at the city election in
January, 1978, or successors filling vacancies in such offices, shall
continue to serve out their respective terms of office and until their
successors are elected and qualified. Successors to such mayor and
four aldermen shall be elected at the city election held on the second
Tuesday in November, 1981, for terms of four years beginning on
January 6, 1982. The four aldermen elected at the city election in
January, 1980, or successors filling vacancies in such offices, shall
continue to serve out their respective terms of office and until their
successors are elected and qualified. Successors to the four aldermen
shall be elected at the city election held on the second Tuesday in
November, 1983, for terms of four years beginning on January 6,1984.
(c) Successors to the mayor and aldermen elected pursuant to
the provisions of subsection (b) shall be elected at the city election
immediately preceding the expiration of their respective terms of
office and shall take office on the January 6 immediately following
their election for terms of office of four years and until their succes-
sors are elected and qualified.
(d) The mayor and aldermen may reside in any part of the City
of Bainbridge, and the mayor and aldermen shall be elected by the
voters of the entire city on a city-wide basis. In each election for
mayor, the candidate for mayor receiving the highest number of votes
at said election shall be declared the winner. In each election for
aldermen, the four candidates for aldermen receiving the highest
number of votes at said election shall be declared the winners.
3488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) In each such election, the ballots to be cast in the election
shall be plainly marked so as to indicate to the electors that they can
vote for one candidate for mayor and four candidates for alderman or
four candidates for alderman in election years when there is no
election for mayor. If an elector votes for any number of candidates
for alderman less than four, the ballot will still be counted. It shall
also be made clear on the ballot that, if any elector votes for more than
four candidates for alderman or more than one candidate for mayor in
election years when there is an election for mayor, the electors ballot
will not be counted.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating a new charter for the City of Bainbridge, approved
December 16,1901 (Ga. Laws 1901, p. 321), as amended; and for other
purposes.
This 17th day of December, 1980.
Walter 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 17,24,31,1980.
GEORGIA LAWS 1981 SESSION
3489
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 12th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (7,040 - 7,055).
No. 220 (House Bill No. 77).
AN ACT
To repeal an Act entitled An Act to create a small claims court in
certain counties of this State; to provide for the appointment, duties,
powers, compensations, qualifications, substitutions and tenure of
the judges of such courts; to prescribe the jurisdiction, pleadings,
practice and service of processes therein; to provide for a clerk and to
prescribe his duties and remuneration; to provide for the validation of
acts and proceedings therein; to provide for service of process by the
county sheriff or his deputies; to standardize and fix the monetary
limits of such courts in conformity with preexisting small claims
courts in this State; to provide for the procedure and practice in
garnishments, in the issuance of executions from said courts, and in
the trial of claim cases and illegalities instituted by third parties; to
fix, clarify and make certain the provisions as to costs in certain cases;
to authorize the counties to provide adequate and suitable quarters,
3490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
facilities and accommodations for transacting the business of said
courts; to provide for additional personnel; to repeal conflicting laws;
and for other purposes., approved March 4,1977 (Ga. Laws 1977, p.
270), as amended by an Act approved March 13,1978 (Ga. Laws 1978,
p. 3514); to provide an effective date; to provide conditions for the
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to create a small claims court
in certain counties of this State; to provide for the appointment,
duties, powers, compensations, qualifications, substitutions and
tenure of the judges of such courts; to prescribe the jurisdiction,
pleadings, practice and service of processes therein; to provide for a
clerk and to prescribe his duties and remuneration; to provide for the
validation of acts and proceedings therein; to provide for service of
process by the county sheriff or his deputies; to standardize and fix
the monetary limits of such courts in conformity with preexisting
small claims courts in this State; to provide for the procedure and
practice in garnishments, in the issuance of executions from said
courts, and in the trial of claim cases and illegalities instituted by
third parties; to fix, clarify and make certain the provisions as to costs
in certain cases; to authorize the counties to provide adequate and
suitable quarters, facilities and accommodations for transacting the
business of said courts; to provide for additional personnel; to repeal
conflicting laws; and for other purposes., approved March 4, 1977
(Ga. Laws 1977, p. 270), as amended by an Act approved March 13,
1978 (Ga. Laws 1978, p. 3514), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Lee County
and providing for other matters relative thereto does not pass the
1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
GEORGIA LAWS 1981 SESSION
3491
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
LEE COUNTYSMALL CLAIMS COURT CREATED.
No. 221 (House Bill No. 150).
AN ACT
To create and establish a Small Claims Court of Lee County; to
provide for legislative intent; to provide for the appointment, duties,
powers, compensations, qualifications, substitutions and tenure of
the judge of such court; to prescribe the jurisdiction, pleadings,
practice and service of processes therein; to provide for a clerk and to
prescribe his duties and remuneration; to provide for the validation of
acts and proceedings therein; to provide for service of process by the
county sheriff or his deputies; to standardize and fix the monetary
limits of such court in conformity with preexisting small claims courts
in this State; to provide for the procedure and practice in garnish-
ments, in the issuance of executions from said court, and in the trial of
claim cases and illegalities instituted by third parties; to fix, clarify
and make certain the provisions as to costs in certain cases; to
authorize Lee County to provide adequate and suitable quarters,
facilities and accommodations for transacting the business of said
court; to provide for additional personnel; to provide for the continu-
ation of certain processes, cases, suits, and actions; to provide for
other matters relative thereto; to provide an effective date; to provide
conditions for the effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Lee County. It is the further intent of
the General Assembly that the court created by this Act shall be a
3492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
continuation of the heretofore small claims court created by an Act
approved March 4,1977 (Ga. Laws 1977, p. 270), as amended, which
court shall stand abolished by action of the General Assembly effec-
tive July 1,1981.
Section 2. There is hereby created and established a Small
Claims Court of Lee County. Such 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
$2,500.00, said jurisdiction to be county-wide and to be concurrent
with the jurisdiction of the superior court of Lee county; and such
jurisdiction shall include the power to issue writs of garnishment and
attachment, foreclose chattel mortgages and other instruments pass-
ing or retaining title to personalty the purpose of securing debt; and,
in addition to the powers herein specifically granted, also the powers
granted to justices of the peace by the Constitution and laws of the
State of Georgia.
Section 3. (a) The judge of the small claims court in Lee County
who is serving on the effective date of this Act shall serve until the
expiration of his current term and until his successor is appointed and
qualified under subsection (b).
(b) The judge of the superior court of the judicial circuit shall
appoint and commission a citizen of Lee County to be judge of said
court for a term of office of four years and until a successor is
appointed and qualified. Vacancies for unexpired terms shall be filled
in the same manner as appointments. The judge shall conduct the
trial in such manner as to do substantial justice between the parties
according to the rules of substantive law, and all rules and regulations
relating to pleading, practice and procedure shall be liberally con-
strued so as to administer justice.
Section 4. Whenever the judge of the small claims court shall be
unable, because of absence, sickness, or other cause, to discharge any
duty appertaining to his office, the judge of the superior court of the
judicial circuit shall appoint a temporary judge, who shall perform the
duties of judge of the small claims court during the absence of the
regularly appointed judge.
Section 5. The clerk of the small claims court shall be appointed
by and selected at the discretion of the board of commissioners in Lee
County, and he shall collect all advance costs, docket the case, and
GEORGIA LAWS 1981 SESSION
3493
attach process of service to each suit filed, and his remuneration for
said service, if any, shall be determined by the governing authority.
Section 6. The clerk of the small claims court shall collect $30.00
filing costs when any suit is filed and maintain an itemized statement
showing the case number and costs collected and once a month turn
over all costs to the judge of the small claims court. The judge shall
retain a minimum of $10.00 filing costs or a maximum of $20.00 filing
costs, to be determined by the board of commissioners in Lee County,
as the sole remuneration of the judge, and the remainder of the filing
costs shall be deposited in the general fund of the county to defray
expenses of the court. The judge shall not collect any costs from any
party to any claim in his court. The clerk of the small claims court
shall add no costs for services rendered by the clerk of the small
claims court, and the sheriff shall add no costs for his services. When
either party shall request a fi. fa., the clerk shall collect $2.00 for each
such fi. fa.
Section 7. (a) Actions shall be commenced by the filing of a
statement of claims, including the last known address of the defend-
ant, in clear and 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.
(b) A copy of the verified statement, 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. The sheriff or his deputies shall serve all
processes and make their return to the clerk of the small claims court.
(c) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(d) Said notice shall specify the day and hour of the hearing,
which shall not be less than five nor more than thirty-five days from
the date of the service of said notice.
Section 8. All judgments and executions shall be entered on the
docket and paid over to the clerk of the small claims court who shall
make payments to the party or parties in conformity with said
judgment.
3494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. Immediately prior to the
trial of any case, the judge shall make an earnest effort to settle any
controversy by conciliation. If the judge fails to induce the parties to
settle their difference without a trial, he shall proceed with the
hearing on the merits.
(b) In cases of attachment and garnishment, the legal grounds
thereof shall be as now or hereafter provided by law, and the pleading
and practice in such cases shall be substantially the same as obtained
in courts of justices of the peace; and no formal declaration shall be
required.
(c) If the plaintiff fails to appear, the case may be dismissed for
want of prosecution, or 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, or order the
same dismissed for want of prosecution, or make any other just and
proper disposition thereof, as justice may dictate.
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 in his discretion 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. 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 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. The same practice and procedure shall apply
in cases of illegality affidavits. The plaintiff in attachment or
plaintiff in execution may make written demands for a trial by jury
within five days after a claim affidavit and bond is filed with the
levying officer. The party demanding such jury 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
losing party in said proceeding.
GEORGIA LAWS 1981 SESSION
3495
Section 12. When a judgment is to be rendered and the party
against whom it is to be rendered 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, and 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 the superior court presiding in Lee
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, from time to time, to ensure the proper administration of
justice and to accomplish the purposes hereof. All such rules made by
the judge of the superior court shall be placed in a special book for
that purpose which is to be kept by the judge of the small claims
court.
Section 14. Such small claims court shall hold court at 9:00
oclock a.m. on the first and third Wednesdays of each month in the
calendar year and using the courtroom of the superior court, and in
the event that superior court is in session, then in that event, using
the meeting room in the office of the county board of commissioners;
and each answer to the complaint, summons of garnishment and all
other proceedings shall be followed in conformity with the rules of the
practice and procedure of the superior court.
Section 15. The clerk of the small claims court or, in case of
sickness, absence, or other cause, a deputy clerk of the office of
superior court shall attend small claims court, and the sheriff or one
of his deputies shall attend small claims court.
Section 16. A summons of garnishment may be served by the
sheriff or his deputies. Whenever served in person by a court officer
as aforesaid, such officer shall enter his return of services either on
the back of the original garnishment affidavit, or the attachment writ
or on the back of a conformed copy of the original summons of
garnishment which was given to the garnishee, or such entry of service
may be made on a separate paper, and attached to the said garnish-
ment affidavit or the writ of attachment, as the case may be.
3496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 17. (a) Jury trials may be had upon demand of the
plaintiff at the time of the commencement of his suit or by the
defendant within five days after service of notice by depositing with
the judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. The judge or
clerk shall have the power to subpoena jurymen, and witnesses, and to
compel their attendance.
(b) Unless otherwise demanded, such juries shall consist of six
persons chosen from twelve veniremen, the plaintiff and defendant
having three strikes each.
(c) The judge of a small claims court shall have power to impose
fines of not more than ten dollars or imprisonment for not longer than
24 hours on any person guilty of contempt of court, such fines to be
paid into the county treasury or county depository for county pur-
poses.
Section 18. Judgments of small claims court shall become a lien
on the real estate and personal property of a defendant, from the time
of the filing in the office of the clerk of the superior court for said
county, of an execution based upon such judgment and the entry
thereof by the clerk in the general execution docket for said county.
Section 19. Appeals may be had from judgments rendered in a
small claims court, to the superior court, by the party desiring to
appeal. Said party shall first pay all costs then due. Said party must
file in the superior court a written appeal which shall include the
name and number of the case in the small claims court stating his
grounds for appeal, which grounds must first be heard before the
judge of the superior court. If after a full hearing the grounds for
appeal are denied, said party shall have the right to appeal a higher
court in the same manner as other decisions of the superior court are
appealed.
Section 20. Until otherwise provided by rules of court, the
statement of claims verification, and notice shall be in the following
or equivalent form, and shall be in lieu of any forms now employed
and of any form of summons or process now provided by law;
Small Claims Court of Lee County
_____________Georgia
(County site), Georgia
GEORGIA LAWS 1981 SESSION
3497
Plaintiff
vs.
Defendant
Address
Statement of Claim
(Here the plaintiff will insert a statement of the Plaintiffs claim, and
the original to be filed with the court may, if action is on a contract,
express or implied, 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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn and subscribed before me,
this _____ day of________________, 19
Notary Public
Notice
TO:
Defendant
3498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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________________day of
_______________, 19_____, at__________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
Section 21. All supplies and paraphernalia, forms, docket books,
file jackets, filing cabinets and the like, required by this Act in the
proper operation of a small claims court shall be furnished by the
county commissioners upon requisition of the judge of such court.
Section 22. The governing authority of all Lee County shall
provide adequate and suitable quarters, facilities and accommoda-
GEORGIA LAWS 1981 SESSION
3499
tions for transacting the business of such court, and it may provide
such additional personnel as in its judgment the court may from time
to time require.
Section 23. All mesne and final processes and all actions, suits,
and cases which are pending in the small claims court in Lee County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Lee County which is
created and established by this Act.
Section 24. This Act shall become effective July 1, 1981;
provided, however, that if an Act entitled An Act to repeal an Act
entitled An Act to create a small claims court in certain counties of
this State; to provide for the appointment, duties, powers, compensa-
tions, qualifications, substitutions and tenure of the judges of such
courts; to prescribe the jurisdiction, pleadings, practice and service of
processes therein; to provide for a clerk and to prescribe his duties
and remuneration; to provide for the validation of acts and proceed-
ings therein; to provide for service of process by the county sheriff or
his deputies; to standardize and fix the monetary limits of such courts
in conformity with preexisting small claims courts in this State; to
provide for the procedure and practice in garnishments, in the
issuance of executions from said courts, and in the trial of claim cases
and illegalities instituted by third parties; to fix, clarify and make
certain the provisions as to costs in certain cases; to authorize the
counties to provide adequate and suitable quarters, facilities and
accommodations for transacting the business of said courts; to pro-
vide for additional personnel; to repeal conflicting laws; and for other
purposes., approved March 4, 1977 (Ga. Laws 1977, p. 270), as
amended by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3514); to provide an effective date; to provide conditions for the
effective date; to repeal conflicting laws; and for other purposes.
does not pass the 1981 session of the General Assembly and is not
signed by the Governor or does not become law without his signature,
this Act shall be null and void and shall stand repealed in its entirety.
Section 25. All laws and parts of laws in conflict with this Act
are hereby repealed.
3500 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Lee County; to provide for other matters
relative thereto; and for other purposes.
This the 17th day of December, 1980.
T. P. Tharp,
Clerk
Lee County Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, R. S. Hutchinson who, on oath,
deposes and says that he/she is Representative from the 133rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Albany Herald which is
the official organ of Lee County, on the following dates: December 19,
26,1980 and January 2,1981.
/s/ R. S. Hutchinson
Representative,
133rd District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3501
CITY OF RUSSELLNEW CHARTER.
No. 222 (House Bill No. 187).
AN ACT
To create a new charter for the City of Russell, in the County of
Barrow; to provide for corporate limits; to provide for the powers of
the city; to provide for a mayor and the election thereof; to provide for
the powers, duties and authorities of the mayor; to provide for a
mayor pro tern and the selection and duties thereof; to create a city
council; to provide for the composition thereof; to provide for elec-
tions, terms, qualifications and compensation of the members of the
city council; to provide for the filling of vacancies on the city council;
to provide for certain prohibitions and requirements for officials and
employees of the city and penalties for violations thereof; to authorize
investigations; to provide for meetings of the city council; to provide
for practices and procedures; to provide for ordinances, codes, and
matters related thereto; to provide for emergencies; to provide for
administration of the citys government; to provide for boards, com-
missions, and authorities; to provide for a city attorney and city clerk;
to provide for bonds; to provide for elections; to provide for removal
of officers; to create a municipal court; to provide for judges; to
provide for jurisdiction and powers of the court; to provide for
practices and procedures; to provide for appeals and rules; to provide
for taxes and the practices and procedures related thereto; to provide
for licenses, permits, fees, franchises, and special assessments; to
provide for delinquent taxes and fees; to provide for financial and
fiscal affairs of the city; to provide for budgets, appropriations, and
audits; to provide for a land development code; to provide for existing
personnel and officers and pending matters; to provide for construc-
tion and severability; to provide for penalties; to repeal an Act
incorporating the City of Russell in the Counties of Jackson and
Walton, approved December 18, 1902 (Ga. Laws 1902, p. 569), as
amended; to provide for existing ordinances and regulations; to
provide for other matters relative to the foregoing; to repeal conflict-
ing laws; and for other purposes.
3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
ARTICLE I
INCORPORATION, BOUNDARIES AND POWERS
Section 1.10 Incorporation.
This act shall constitute the charter of the City of Russell. The
city and the inhabitants thereof, are hereby constituted and declared
a body politic incorporate under the name and style of the City of
Russell, Georgia and by that name shall have perpetual duration.
Section 1.11 Boundaries.
(A) The boundaries of the City of Russell shall be as follows:
BEGINNING at the intersection of the center line of the main
trunk line of the Seaboard Coastline Railroad and the present South-
eastern boundary of the Corporate limits of the City of Winder;
commence therefrom in a North, Northeastern direction along and
with the said Southeastern boundary of the Corporate limits of the
City of Winder and its meanderings thereof, until said boundary shall
intersect at a point in the Southerly Right of Way boundary line of
Wright Street; thence along and with the said Southern Right of Way
of Wright Street in an Easterly direction and its meanderings thereof,
until said Right of Way shall intersect at a point in the Western Right
of Way boundary line of Pickle Simon Road; thence along and with
the said Western boundary of Pickle Simon Road in a Southerly
direction and its meanderings thereof, until said Right of Way shall
intersect at a point in the centerline of the Seaboard Coastline
Railroad main trunk line; thence continue along the said Western
Right of Way of Pickle Simon Road until said Right of Way intersects
at a point, in the centerline of U. S. Highway No. 29, commonly
known as the Athens-Winder Highway; thence along and with the
centerline of U. S. Highway No. 29 in a Westerly direction until the
said centerline intersects at a point in an extended centerline of the
South End of Chapel Church Road; thence along and with the
centerline of the said Chapel Church Road in a South, Southwesterly
direction and its meanderings thereof to a point in the centerline of
Georgia State Route No. 53, commonly known as the Hog Mountain
Road; thence along and with the centerline of the said Route 53 in a
Westerly direction to a point in an extended North Western Right of
Way boundary line of Booth Road, commonly referred to as the Golf
GEORGIA LAWS 1981 SESSION
3503
Course Road; thence along and with the said North Western Right of
Way of Booth Road in a Southwesterly direction and its meanderings
thereof to a point in the Southeastern Right of Way boundary line of
Corinth Church Road; thence along and with the said Right of Way of
Corinth Church Road in a Northwesterly direction and its mean-
derings thereof until said Right of Way intersects at a point in the
corporate limits of the City of Winder, said Corporate limits to
include Yargo Heights and Woodland Estate Subdivisions and all
other annexations made prior to this act; thence along and with the
said Corporate limits of the City of Winder in a Northerly direction
and its meanderings thereof to a point in the centerline of U. S.
Highway 29; thence along and with the Corporate limits of the City of
Winder in a Northeasterly direction to the point and place of begin-
ning. There is also included in the corporated limits of the City of
Russell all lands now within said City whether or not said lands are
included in the above description.
(B) These boundaries may be altered from time to time in the
manner provided by the law of the State of Georgia and as provided in
this charter. The boundaries of the City of Russell at all times shall
be shown on a map, written description, or any combination thereof
to be retained permanently in the office of the Clerk of the City of
Russell and to be designated Official Map (or Description) of the
Corporate limits of the City of Russell, Georgia. Photographic,
typed, or other copies of such map or description or combination
thereof certified by the Clerk of the City of Russell may be admitted
as evidence in all courts and shall have the same force and effect as
the original map, description, or combination thereof.
(C) The mayor and council may provide by ordinance for the
redrawing of any such map, rewriting of any such description, or
redrafting of any combination thereof to reflect lawful changes in the
corporate boundaries. A redrawn map, rewritten description, or
redrafted combination thereof shall supersede for all purposes any
earlier map or maps, description or descriptions, or combination or
combinations thereof which it is designated to replace.
Section 1.12 Powers.
(A) The city shall have all powers possible for a city to have under
the present or future Constitution and laws of the State of Georgia as
fully and completely as though they were specifically enumerated in
this charter, including all powers of self-government not specifically
prohibited by the general law or a local Act of the State of Georgia.
3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) The powers of the City of Russell 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 of Russell.
(C) The corporate powers of the City of Russell shall include but
are not limited to the following:
(1) Taxes. To levy and to provide for the assessment,
valuation, revaluation, and collection of taxes on all property subject
to taxation; to levy and collect such other taxes as may be allowed now
or in the future by the law of the State of Georgia;
(2) 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;
(3) Municipal Debts. To appropriate and borrow money for
the payment of debts of the City of Russell 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;
to purchase certificates of deposit or deposit city revenues in any
account;
(4) 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 of Russell;
(5) 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 of Russell and the general welfare of the citizens of
Russell, on such terms and conditions as the donor or grantor may
impose insofar as those terms and conditions accord with the Consti-
tution and laws of the State of Georgia and provisions contained in
this charter and where the mayor and city council formally approve
such terms and conditions by majority vote;
(6) Condemnation. To condemn property, inside or outside
the corporate limits of the City of Russell for present or future use,
GEORGIA LAWS 1981 SESSION
3505
and for any corporate purpose deemed necessary by the governing
authority, under present or future provisions of the laws of the State
of Georgia;
(7) 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;
(8) 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 valid regulations by the Public Service
Commission;
(9) 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;
(10) 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, air-
ports, hospitals, terminals, docks, parking facilities, or charitable,
cultural, educational, recreational, conservation, sport, curative, cor-
rective, detentional, penal and medical institutions, agencies, and
facilities; and any other public improvements, inside or outside the
corporate limits of the City of Russell and to regulate the use thereof,
and for such purposes, property may be acquired by condemnation
under any applicable present or future law of the State of Georgia;
(11) 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
3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conditions under which such repairs and maintenance shall be
effected, including the penalties to be imposed for failure to do so;
(12) 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;
(13) Planning and Zoning. To provide such comprehensive
city planning for development by zoning; subdivision regulation and
the like city council deems necessary and reasonable to insure a safe,
healthy, and aesthetically pleasing community;
(14) Public Peace. To provide for the prevention and
punishment of public drunkenness, public disturbances and breach of
the peace;
(15) Special Areas of Public Regulation. To regulate or
prohibit junk dealers; to regulate or prohibit pawn shops, 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;
(16) Alcohol Regulation. To provide for and regulate the sale,
transportation or manufacture of spiritous liquors, wines, malt bever-
ages and intoxicating liquors of every kind and character and to
impose penalties on persons keeping spiritous liquors, wines, malt
beverages, and intoxicating liquors for sale, transportation, or manu-
facture in violation of any ordinance or ordinances regulating the
same;
(17) Regulation of Roadside Areas. To prohibit or regulate
and control the erection, removal, and maintenance of signs, bill-
boards, trees, shrubs, fences, buildings, and any and all other struc-
tures or obstructions upon or adjacent to the right-of-way of streets
and roads or within view thereof, within or abutting the corporate
GEORGIA LAWS 1981 SESSION
3507
limits of the city and to prescribe penalties and punishment for
violation of such ordinances;
(18) Health and Sanitation. To prescribe standards of health
and sanitation and to provide for the enforcement of such standards;
(19) 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 of Russell;
(20) 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;
(21) Public Hazards, Removal. To provide for the destruc-
tion and removal of any building or other structure which is or may
become dangerous or detrimental to the public;
(22) 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;
(23) 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 or doing business therein benefitting 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;
(24) 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
3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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;
(25) Nuisance. To define a nuisance and provide for its
abatement whether on public or private property;
(26) 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;
(27) Jail Sentences. To provide that persons given jail
sentences in the citys 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;
(28) 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
destruction, when not redeemed as provided by ordinance, to provide
punishment for violation of ordinance enacted hereunder;
(29) 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;
(30) 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;
(31) Pensions. To provide and maintain a system of pensions
and retirement for officers and employees of the City of Russell;
(32) Special Assessments. To levy and provide for the
collection of special assessment to cover the costs of any public
improvements;
GEORGIA LAWS 1981 SESSION
3509
(33) 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;
(34) General Health, Safety, and Welfare. To define, regu-
late 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 of Russell and to provide for the enforce-
ment of such standards;
(35) 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 of Russell 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 now or in the future authorized to be exercised by other
municipal government under other laws of the State of Georgia. No
listing of particular powers in this charter 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.
ARTICLE II
LEGISLATIVE BRANCH
Chapter 1. Governing Body
Section 2.10. City Council Creation;
Composition; Number; Election.
The legislative authority of the government of the City of Russell,
except as otherwise specifically provided in this charter, shall be
vested in a city council to be composed of three (3) seats to be filled by
citizens of the city who shall be called councilmembers and who shall
be elected in the manner provided by Article V of this charter. The
seats on the city council shall be number and referred to as seat one,
seat two and seat three.
Section 2.11. Term and Qualifications of Office.
The councilmembers shall serve for terms of two (2) years and
until their respective successors are elected and qualified. No person
shall be eligible to serve as councilmember unless said person shall
have been a resident of the city immediately prior to the date of the
election to said office; shall continue to reside therein during said
3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
persons period of service; and shall be registered and qualified to vote
in municipal elections of the City of Russell.
Section 2.12. Vacancy; Forfeiture of Office;
Filling of Vacancies.
(A) Vacancies - There shall be a vacancy in a seat on the city
council upon an incumbents 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) Forfeiture of Office - Any councilmember shall forfeit said
office if said person:
(1) lacks at any time during said persons 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;
(3) is convicted of a crime involving moral turpitude; or
(4) abandons said office or neglects to perform the duties
thereof.
(C) Filling of Vacancies - A vacancy in a council seat shall be filled
for the remainder of the unexpired term, if any, as provided for in
Article V of this charter.
Section 2.13. Compensation and Expenses.
The councilmembers shall be entitled to receive their actual and
necessary expenses incurred in the performance of their duties of
office and may fix by ordinance their compensation as authorized by
general law.
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 said person is elected.
GEORGIA LAWS 1981 SESSION
3511
(B) Voting When Personally Interested - No member of the
council shall vote upon any question in which said person is person-
ally 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.
Section 2.16. General Power and Authority
of the Council.
(A) Except as otherwise provided by law or by this charter, the
council shall be vested with all the powers of government of the City
of Russell 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 execu-
tion of such ordinances, resolutions, rules and regulations not incon-
sistent 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, property or well-being of the inha-
bitants of the City of Russell and may enforce such ordinances 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 depart-
ments expressly provided for by this charter.
Chapter 2. Organizations and Procedures
Section 2.20. Organization.
(A) The city council shall meet for organization within 45 days
following election to office. At such meeting and thereafter at the
first regular meeting following an election, the oath of office shall be
administered by the city clerk to the councilmembers beginning a new
term of office as follows:
3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I do solemnly swear (or affirm) that I will well and truly perform
the duties of (mayor or councilmember, as the case may be) of the
City of Russell 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) The council, by majority vote of all the members thereof, shall
elect one of their number to be mayor pro tem., who shall serve for a
term of two (2) years and until his successor is elected and qualified.
The mayor pro tem. shall preside at all meetings of the city council
and shall assume the duties and powers of the mayor upon the
mayors disability, absence or in the event of a vacancy in that office.
Section 2.21. 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 and at
any hour it may fix, and may transact any business at such continued
meeting that may be transacted at any regular meeting.
(B) Special meetings of the council may be held on call of the
mayor or two (2) members of the council. Notice of such special
meetings shall be served on all other members as provided by
ordinance. Such notice shall not be required if the mayor and all
councilmembers are present when the special meeting is called.
Notice of any special meeting may be waived 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 councilmembers
presence. Only the business stated in the notice may be transacted at
the special meeting, unless all council members are present and
consent. 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, except where
otherwise provided by law and notice to the general public of special
meetings shall be made as fully as is reasonably possible prior to such
special meeting.
Section 2.22. Rules of Procedure.
The council shall adopt its rules of procedure and order of
business consistent with the provisions of this charter and shall
GEORGIA LAWS 1981 SESSION
3513
provide for keeping a journal of its proceedings, which shall be a
public record.
Section 2.23. Quorum; Voting.
Any two members of the city council shall constitute a quorum
and shall be authorized to transact business of the council. Voting on
the adopting 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 the quorum shall be required for the adoption of any ordinance,
resolution or motion.
Section 2.24. 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 Russell hereby ordains. . . and every ordi-
nance 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 under Section
2.22 of this charter; provided, however, an ordinance, except emer-
gency ordinances, shall not be adopted the same day it is introduced
except ordinances may be adopted at the first meeting where they are
originally introduced upon the affirmative vote of all members pres-
ent. Upon introduction of any ordinance, the clerk shall distribute a
copy to each member of the council and to the mayor and shall file a
reasonable number of copies in the office of the clerk and at such
other public places as the city council may designate.
Section 2.25. Emergency Ordinances.
To meet a public emergency affecting life, health, property, or
public peace, the council may adopt one or more emergency ordi-
nances 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
217
3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
two members of the council shall be required for adoption. It shall
become effective upon adoption or at such later time as it may specify.
Every emergency ordinance shall automatically stand repealed 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 ordi-
nance.
Section 2.26. 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 a copy of each
adopted code of technical regulations, as well as the adopting ordi-
nance, shall be authenticated and recorded by the clerk pursuant to
Section 2.27.
(B) Copies of any adopted code of technical regulations shall be
made available to the clerk for distribution or for purchase at a
reasonable price.
Section 2.27. 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 council.
(B) The council may by ordinance provide for the preparation of a
general codification of all of the ordinances of the city having the
force and effect of law.
GEORGIA LAWS 1981 SESSION
3515
Section 2.28. Veto Power of Mayor.
(A) Every ordinance adopted by the council shall be presented
promptly by the clerk to the mayor.
(B) The mayor, within ten (10) 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 oclock 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 of its 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 mayors veto as provided by this Section.
ARTICLE III
EXECUTIVE BRANCH
Chapter 1. Mayor
Section 3.10. Chief Executive Officer.
The mayor shall be the chief executive of the City of Russell. He
shall possess, have, and exercise all of the executive and administra-
tive 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 3.11. Election; Forfeiture; Oath; Compensation;
Holding Other Offices; Personal Interests.
The mayor shall be elected in the manner provided in Article V of
this charter and serve for a term of two (2) years and until his
3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
successor is elected and qualified. He shall have the same qualifica-
tions, be administered the oath of office and forfeit his office on the
same grounds and under the same procedures as for council members.
The manner of fixing compensation, and the limitations on holding
other offices and dealing in matters in which he is personally inter-
ested shall be the same for the mayor as is established for council
members.
Section 3.12. Powers and Duties
(A) As the chief executive of the City of Russell, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully
executed;
(2) Appoint and remove all officers, department heads and
employees of the city except as otherwise provided in this charter and
subject to review by the council;
(3) Exercise supervision over all executive and administrative
work of the city and provide for the coordination of administrative
activities;
(4) Prepare and submit to the council a recommended annual
operating budget and recommend capital budget;
(5) Submit to the council at least once a year a statement
covering the financial and general conditions of the city and from
time to time such other information as the council may request;
(6) 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;
(7) Call special meetings of the council as provided for in
Section 2.21;
(8) Approve or disapprove ordinances as provided for in
Section 2.28;
(9) Examine and audit all accounts of the city before pay-
ment;
GEORGIA LAWS 1981 SESSION
3517
(10) Require any department, agency or officer of the city to
submit written reports on the duties thereof whenever he deems it
expedient;
(11) Be the official head of the city for the service of process
and for ceremonial purposes;
(12) See that all funds of the city are properly accounted for
and that all revenues are properly and promptly collected;
(13) Inspect or cause to be inspected the records and books of
account of the officers of the city and shall see that they are properly
and correctly kept;
(14) See that order is maintained in the city and that its
property and effects are preserved;
(15) Perform such other duties as may be required by law,
this charter or ordinance.
(B) The said mayor shall have the authority to:
(1) Bind the city by signing any contract, obligation or other
matter entered into and authorized by ordinance or resolution of the
council, properly passed in accordance with the provisions of this
charter;
(2) Do acts and things as may be proper and necessary in the
proper conduct of the affairs of the city and as may be hereinafter
authorized.
Section 3.13. Mayor Pro Tern.
During the absence or disability of the mayor for any cause, the
mayor pro tern., appointed by the council, or in his absence or
disability for any reason, any councilmember 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.
3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chapter 2. Organization and General Provisions
Section 3.20. Administrative and Service Departments.
(A) The council 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 any departments, offices and agencies hereaf-
ter 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
established in the city shall be distributed among such divisions or
bureaus as may be provided by the council. Each department shall
consist of such officers, employees, and positions as may be provided
by this charter or by ordinance consistent therewith, and shall be
subject to the general supervision and guidance of the mayor and city
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 depart-
ments 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 the city council.
Section 3.21. Boards, Commissions and Authorities.
(A) All members of boards, commissions and authorities of the
city shall be appointed by the council in such manner and for such
terms of office as provided by ordinance, except where other appoint-
ing authority, term of office or manner of appointment is prescribed
by this charter or by applicable State law.
GEORGIA LAWS 1981 SESSION
3519
(B) 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 other-
wise provided by this charter or any applicable State law.
(C) No member of any board, commission or authority shall
assume office until said member shall have executed and filed with
the clerk of the city an oath obligating himself to perform faithfully
and impartially the duties of such office, such oath to be administered
by the mayor.
(D) Any member of a board, commission or authority may be
removed from office for cause by a vote of two (2) members of the
council.
(E) Members of the board, commissions and authorities may
receive expenses in the performance of their official duties as
approved by the council.
(F) The qualifications required of members of boards, commis-
sions, and authorities shall be as prescribed by ordinance.
(G) Except as otherwise provided by this charter or by applicable
State law, each board, commission and authority of the city govern-
ment shall elect one of its members as chairman and one member as
vice chairman for terms of one (1) 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 city clerk.
Section 3.22. City Attorney.
The 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 for services rendered to the city. The city
attorney shall be responsible for representing and defending the city
in all litigation in which the city is a party; shall 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 citys
affairs; and shall perform such other duties as may be required of him
by virtue of his position as city attorney.
3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.23. City Clerk.
The council shall 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 3.24. Tax Collector.
The council shall 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 3.25. Consolidation of Functions.
The council may consolidate any two or more of the positions of
city clerk and city tax collector, or any other positions and may assign
the functions of any one or more of such positions to the holder or
holders of any other positions.
Chapter 3. Personnel Administration
Section 3.30. Personnel Policies.
The council shall adopt rules and regulations consistent with the
charter concerning personnel policies as may be necessary to provide
for adequate and systematic handling of the personnel affairs of the
City of Russell.
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Creation; Name.
There shall be a court to be known as the Municipal Court of the
City of Russell.
Section 4.11. Chief Judge; Associate Judge.
(A) The municipal court shall be presided over by a chief judge
and such part-time, full-time, or standby associate judges as shall be
provided by ordinance.
GEORGIA LAWS 1981 SESSION
3521
(B) No person shall be qualified or eligible to serve as a judge on
the municipal court unless he shall have attained the age of 21 years.
All judges shall be appointed by the city council.
(C) Compensation of the judges shall be fixed by ordinance.
(D) Judges may be removed for cause by a vote of two (2)
members of the city council.
(E) Before entering on the 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. The oath shall be entered upon the minutes of the
city council journal.
Section 4.12. Convening.
The municipal court shall be convened at regular intervals as
designated by ordinance or as provided by ordinance.
Section 4.13. Jurisdiction; Powers.
(A) The municipal court shall have the authority to try and
punish violations of all city ordinances.
(B) The municipal court shall have authority to punish those in
its presence for contempt, provided that such punishment shall not
exceed $50.00 or 10 days in jail.
(C) The municipal court may fix punishment for offenses within
its jurisdiction not exceeding a fine of $500 or imprisonment for 90
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 90 days.
(D) The municipal court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
reimbursement of the cost of meals, transportation and caretaking of
prisoners bound over to superior courts for violations of State law.
(E) The municipal court shall have authority to establish bail and
recognizances to insure the presence of those charged with violations
before said court and shall have discretionary authority to accept cash
3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
(F) The municipal court shall have the authority to bind prisoners
over to the appropriate court when it appears by probable cause that
a State law has been violated.
(G) The municipal court shall have the same authority as superior
courts to compel the production of evidence in the possession of any
party; to enforce obedience to its orders, judgments and sentences;
and to administer such oaths as are necessary.
(H) The municipal court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summons, subpoena and warrants which may be served or executed
by any officer as authorized by this charter or by general State law.
(I) The municipal court is specifically vested with all of the
jurisdiction and powers throughout the entire area of this city granted
by general State laws to mayors, recorders 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 Barrow 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 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.
GEORGIA LAWS 1981 SESSION
3523
Section 4.15. Rules for Court.
With the approval of the city council, the judge shall have full
power and authority to make reasonable rules and regulations neces-
sary and proper to secure the efficient and successful administration
of the municipal court; provided, however, that the city council may
adopt in part or in toto the rules and regulations for procedure in the
superior court under the general laws of the State of Georgia. The
rules and regulations made or adopted shall be filed with the city
clerk, shall be available for public inspection, and, upon request, a
copy shall be furnished to all defendants in municipal court proceed-
ings at least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS
Section 5.10. Applicability of General Laws.
The procedures and requirements for election of all elected offi-
cials of the City of Russell as to primary, special or 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 5.11. Qualifying; Nomination and
Election of Candidates; Absentee Ballots.
The council may, by ordinance, prescribe rules and regulations
consistent with law governing qualifying fees, nomination of candi-
dates, absentee ballots, write-in votes, challenge of votes, purging of
registration lists, and such other rules and regulations as may be
necessary or appropriate to fulfill any options or duties of a munici-
pality under the Georgia Municipal Election Code for the conduct of
elections in the City of Russell. The candidate for mayor receiving
the highest number of votes shall be deemed elected mayor, and the
candidates receiving the highest number of votes for the city council
shall be deemed elected councilmember.
Section 5.12. Appointed Mayor and Council.
There are hereby designated and appointed ALEXANDER
BREVARD RUSSELL, SR. as mayor of the city and MRS. 0. B.
(GERLIE) SMITH, CECIL L. (BO) KELLUM and DENNIS
EDGAR all residents of the city as councilmembers of the city who
3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall immediately take office upon the approval of this charter as
hereinafter provided upon taking the oath of office specified in
Section 2.20 of this charter before any officer authorized by law to
administer oaths. The mayor and councilmembers appointed herein
shall hold their respective offices until their successors are elected
and qualified at an election held in said city as provided in Section
5.13 of this charter or until a vacancy shall occur as provided in
Section 5.14.
Section 5.13. Regular Elections; Time for Holding Oath.
A mayor and three (3) councilmembers shall be elected on the first
Tuesday in December, 1982, and on that date every two (2) years
thereafter. Their terms of office shall begin at the time of taking the
oath of office as provided in Section 2.20 of this charter.
Section 5.14. Vacancies.
In the event that the office of mayor shall become vacant for any
cause whatsoever, the mayor pro tern, shall act as mayor until the next
general election with all the powers and duties of the mayor. In the
event that the office of councilmember shall become vacant for any
cause whatsoever, such vacancy shall be filled by appointment by the
city council. The tenure of office of a councilmember so appointed
shall continue only until the next general election.
Section 5.15. Registration of Electors.
(A) The council may elect either to maintain its own registration
or provide for the registration of electors by resolution or other
appropriate measure, stating that any person who is a resident of the
city and who is registered as an elector with the board of registrars of
the county, and meets the municipal residency requirements, shall be
eligible to vote in an election.
(B) In the event the council does not elect to maintain its own
registration, it may nevertheless appoint registrars as provided by law
whose duties shall include the purging of the citys list of electors
under the provisions of the Georgia Municipal Election Code.
(C) No person shall vote in any City of Russell election unless said
person shall be a registered voter, qualified as required by law to vote
in municipal elections in the City of Russell.
GEORGIA LAWS 1981 SESSION
3525
ARTICLE VI
FINANCE AND FISCAL
Chapter 1. Taxation
Section 6.10. Property Taxes.
All property subject to taxation for State or county purposes,
assessed as of January 1 in each year, may be subject to a property tax
levied by the City of Russell. The council shall use the county
assessment for the year in which the city taxes are to be levied and
shall request the county to furnish appropriate information for such
purpose.
Section 6.11. Tax Levy.
The council shall be authorized to levy an ad valorem tax on all
taxable real and personal property within the corporate limits of the
city for the purpose of raising revenues to defray the costs of operat-
ing the city government, providing governmental services, and for any
other public purposes as determined by the council in its discretion.
The council is also authorized to provide for the sufficient levy to pay
principal and interest on general obligations.
Section 6.12. Tax Due Dates and Tax Bills.
The council shall provide by ordinance when the taxes of the city
shall fall due 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 6.13. Collection of Delinquent Taxes.
The council may provide by ordinance for the collection of delin-
quent taxes by fi. fa. issued by the city clerk or tax collector and
executed by any police officer of the city under the same procedure
provided by 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
3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and all penalties imposed by this charter on delinquent taxes, fees,
assessments, or on other amounts due to the city.
Section 6.14. Licenses; Occupational Taxes;
Excise Taxes.
The council by ordinance shall have full power to levy such
specific or occupation taxes upon the residents of the City of Russell,
both individual and corporate, and upon all those who transact or
offer to transact business therein, or who practice or offer to practice
any profession or calling therein, as the council may deem expedient
for the public health, safety, benefit, convenience or advantage of the
city; to classify businesses, occupations, professions or callings for the
purpose of licensing and taxation in any way which may be lawful; to
require such persons to purchase licenses; to compel the payment of
such licenses and taxes by execution or any other lawful manner; and
to enact ordinances and regulations necessary or proper to carry out
the powers thereof. The council shall have full power and authority to
levy an excise tax not prohibited by general law.
Section 6.15. Service Charges.
The council by ordinance shall have the right, power and authority
to assess and collect fees, charges, and tolls for sewer, sanitary, health
services or any other services rendered both within and without the
corporate limits of the City of Russell for the total cost to the city for
providing such services. If unpaid, such charges shall be collected as
provided in Section 6.18 of this Article.
Section 6.16. Special Assessments.
The council shall have power and authority to assess all or part of
the cost of constructing, reconstructing, widening, paving, or other-
wise improving any public way, street, sidewalk, curbing, gutters,
sewers, other utility mains and appurtenances, or other public
improvements against the abutting property owners, under such
terms and conditions as may be prescribed by ordinance. If unpaid,
such charges shall be collected as provided in Section 6.18 of this
Article.
GEORGIA LAWS 1981 SESSION
3527
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 Development Taxes and
Fees; Transfer of Executions.
The city council by ordinance may provide generally for the
collection of delinquent taxes, fees or other revenue due the city by
whatever reasonable means as are not precluded by general State law.
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 assess-
ment 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 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 require-
ments now exist or as may be hereafter provided by law.
Chapter 2. Indebtedness
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 autho-
rized under this charter or the general laws of the State. Such
bonding authority shall be exercised in accordance with the laws
governing bond issuance by municipalities in effect at the time said
issue is undertaken.
Section 6.21. Revenue Bonds.
Revenue bonds may be issued by the council as State law now or
hereafter provides.
3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.22. Short-term Notes.
Pursuant to applicable State law, the city may obtain and must
repay temporary loans between January 1 and December 31 of each
year or as is otherwise provided by present or future State law.
Chapter 3. Accounting and Budgeting
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 office, department or institution, agency and
activity of the city government, unless otherwise provided by State or
federal law.
Section 6.31. Submission of Operating Budget
to City Council.
On or before a date fixed by the council but not later than thirty
(30) 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 operating budget hereinafter provided for and all
supporting documents shall be filed in the office of the city clerk and
shall be open to public inspection.
Section 6.32. 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 expenditures required by law or by other provisions of
this charter and for all debt service requirements for the ensuing
fiscal year.
(B) The council shall adopt the final operating budget for the
ensuing fiscal year not later than seven (7) days prior to the beginning
thereof. If the council fails to adopt the budget by this date, the
amounts appropriated for the operation for the current fiscal year
shall be deemed adopted for the ensuing fiscal year on a month-to-
month basis, with all items prorated accordingly until such time as
the council adopts a budget for the ensuing fiscal year.
GEORGIA LAWS 1981 SESSION
3529
Section 6.33. 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
taxable real and personal property within the City of Russell. 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 Russell.
Section 6.34. Additional Appropriations.
The council may make appropriations in addition to those con-
tained in the current operating budget, at any regular or special
meeting called for such purpose, but any such additional appropria-
tions may be made only from an existing unappropriated surplus in
the fund to which it applies or on a revised estimate of revenues.
Section 6.35. Capital Improvements Budget.
The council may by ordinance provide for the preparation by the
mayor and submission to the council of a capital improvements
budget.
Chapter 4. Procurement and Property Management
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.
Section 6.41. Centralized Purchasing.
(A) The council shall by ordinance prescribe procedures for a
system of centralized purchasing for the City of Russell.
(B) Except as otherwise provided by law, the council may sell and
convey any real or personal property owned or held by the City of
Russell 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.
3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII
MUNICIPAL SERVICES AND REGULATORY FUNCTIONS
Section 7.10. Streets.
The council is hereby vested with the power to lay out, open,
widen, change, straighten, alter, improve, vacate, abandon and other-
wise to exercise complete control over the public streets, alleys,
squares and sidewalks of the City of Russell. The council shall
provide for the removal of any and all obstacles and nuisances in
regard to the streets, alleys or sidewalks or other public places within
the city and shall adopt appropriate ordinances to accomplish this
purpose.
Section 7.11. Municipal Utilities.
The council shall have the power and authority to acquire, own,
hold, build, maintain and operate a system of waterworks, electric
lights, sewerage and gas distribution; to establish rates and charge
fees for services rendered in any said systems; to finance any of said
systems through appropriate bond issue in accordance with the laws
of Georgia; to exercise the power of eminent domain in regard to and
of said systems, both within and without the corporate limits; and to
contract to furnish the services of any of said systems to consumers
outside the corporate limits of the City of Russell.
Section 7.12. Sewers and Drains.
The council shall have the power and authority to provide for the
establishment, extension and maintenance of a system of sewers and
drains, together with a sewerage disposal system. This power
includes the authority to extend said system beyond the corporate
limits. For these purposes, the city is granted the power of eminent
domain both within and without its corporate limits. The council
may provide by ordinance for reasonable connection fees for tapping
on to the water and sewer lines of said city and may compel citizens to
tap into the same when such service is made available. They may
cause said connection to be made when the owners refuse and issue
executions to be made for the amount so expended, which execution
shall create a lien on the property connected with said water and
sewerage systems from the date of the order of connection.
GEORGIA LAWS 1981 SESSION
3531
Section 7.13. Right-of-Way.
The city shall have the right, easement and franchise of laying the
necessary mains, pipes, conduits and drains for waterworks and
sewerage system purposes along the highways in Barrow County
without cost; it shall have full power and authority to enact and
enforce such rules, regulations and ordinances as may be necessary to
protect the water basin and watershed from which the water supply is
taken from contamination and to protect said waterworks and sewer-
age system, including the mains, pipes and conduits, whether the
same be situated within or without the corporate limits of said city.
Section 7.14. Power to Regulate and License.
The council shall have the power and authority to provide by
ordinance for the registration and licensing of any trade, business,
occupation, vocation, profession or any and every other undertaking
pursued for the purpose of personal gain or profit of whatever nature
engaged in or carried on within the limits of the City of Russell,
regardless of whether or not the subject has an office or establishment
within said city. The council shall be authorized to fix the amount,
terms and manner of issuing and revoking licenses, provided that this
authority is subject to the Constitutions and laws of the United States
and the State of Georgia. This power is conferred for the purpose of
raising revenue for the operation of the city government through the
imposition of a tax or fee on the privilege of operating within the city.
This authority extends over individuals, partnerships, associations,
corporations and their agents, and any other legal entity capable of
transacting business.
Section 7.15. Franchises.
The council shall have authority to exercise control over the use of
the public streets of the City of Russell. The power is hereby
conferred upon the council to grant franchises for the use of said citys
streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, gas companies, and trans-
portation companies. This franchise right extends to, but is not
limited to, the erection of poles, stringing of wires, laying of pipes,
lines or conduits both above and below the ground surface. The
council shall determine the duration, provisions, terms, whether the
same shall be exclusive or nonexclusive, and the consideration of such
franchises; provided, however, that no franchise shall be granted
3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unless the city receives just and adequate compensation therefor.
The council shall provide for the registration of all franchises with the
clerk of council in the 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.
Section 7.16. Building, Housing, Electrical
anti Plumbing Regulations.
The council shall have the power and authority to enact such
reasonable rules and regulations as it may deem necessary or expedi-
ent regarding the construction and maintenance of buildings, remod-
eling of buildings, plumbing, and electrical wiring and equipping of
buildings, in order to promote the safety and welfare of its citizens
and to guard against fire or other property damage. This power may,
in the discretion of the council, be exercised by adoption of any such
standard building, housing, heating, and air-conditioning, electrical
and plumbing codes as may be deemed appropriate. The council shall
be empowered to engage the necessary personnel to enforce such rules
and regulations as adopted, and to charge reasonable fees of inspec-
tions and permits; and may require the obtaining of a permit as a
condition precedent to any construction, building, electrical or
plumbing work. The council may enact all ordinances necessary to
enforce such rules and regulations.
ARTICLE VIII
MISCELLANEOUS
Section 8.10. Official Bonds.
The officers and employees of the City of Russell, 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. Constitution.
The captions to the several Sections of this charter are informative
only and are not to be considered as a part thereof. The singular shall
include the plural and the masculine the feminine and vice versa.
GEORGIA LAWS 1981 SESSION
3533
Section 8.12. Penalties.
The violation of any provision of this charter for which no penalty
is specifically provided for herein is hereby declared to be a misde-
meanor and shall be punishable by a fine of not more than $500.00 or
by imprisonment not to exceed 90 days or both such fine and
imprisonment.
Section 8.13. 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 all Articles, Sections, subsections, paragraphs, sen-
tences or parts thereof be enacted separately and independently of
one another.
Section 8.14. Specific Repealer.
An Act incorporating the City of Russell in the Counties of
Jackson and Walton, approved December 18,1902 (Ga. Laws 1902, p.
569), as amended, is hereby repealed in its entirety.
Section 8.15. 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
1981 session of the General Assembly of Georgia, local legislation in
the form of a bill to amend and revise the charter for the City of
Russell, to create a new charter for the City of Russell, to define the
corporate limits and for other purposes.
3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15th day of December, 1980.
/s/ R. Bruce Russell, Sr.
City Attorney
City of Russell,
Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Russell who, on oath, deposes
and says that he/she is Representative from the 64th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in The Winder News which is the official
organ of Barrow County, on the following dates: December 16, 23, 30,
1980.
/s/ John Russell
Representative,
64th District
Sworn to and subscribed before me,
this 15th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3535
CITY OF UNION POINTCOMPENSATION OF
MAYOR AND COUNCIL.
No. 223 (House Bill No. 189).
AN ACT
To amend an Act creating a new charter for the City of Union
Point, approved March 16, 1978 (Ga. Laws 1978, p. 3966), so as to
change the compensation of the mayor and councilmembers; 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 Union
Point, approved March 16, 1978 (Ga. Laws 1978, p. 3966), is hereby
amended by striking Section 2.13 in its entirety and inserting in lieu
thereof a new Section 2.13 to read as follows:
Section 2.13. Compensation and expenses. The compensation of
each councilmember shall be $50.00 per month. The mayor shall be
compensated in the amount of $100.00 per month. In addition, the
mayor and councilmembers shall be entitled to receive their actual
and necessary expenses incurred in the performance of their duties of
office in the manner provided by ordinance.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating a new charter for the City of Union Point, approved
March 16,1978 (Ga. Laws 1978, p. 3966); and for other purposes.
This 8th day of December, 1980.
Owen O. Scott, Jr.
Mayor
3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Louie Max Clark who, on oath,
deposes and says that he/she is Representative from the 13th 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: December 12,19, 26,
1980.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3537
STATE COURT OF FULTON COUNTYCOMPENSATION
OF CHIEF JUDGE.
No. 224 (House Bill No. 215).
AN ACT
To amend an Act creating the State Court of Fulton County,
approved March 24,1976 (Ga. Laws 1976, p. 3023), so as to change the
compensation of the chief judge of the court; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Fulton County,
approved March 24,1976 (Ga. Laws 1976, p. 3023), is hereby amended
by adding at the end of Section 6 a new subsection (d) to read as
follows:
(d) The chief judge of the court for his services as chief judge
shall be paid from county funds the sum of $200.00 per month. This
compensation for performing the duties of chief judge shall be in
addition to his compensation as a judge of the 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 1981
Session of the General Assembly of Georgia, a bill to Amend an Act of
the General Assembly approved March 24, 1976, (Ga. Laws 1976,
Page 3025), to provide that the Chief Judge of the State Court of
Fulton, for performing his duties as Chief Judge of said Court, shall
receive extra compensation in addition to his regular salary as Judge
of said Court.
3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. C. Daugherty, Sr. who, on oath,
deposes and says that he/she is Representative from the 33rd 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
22,29,1980 and January 5,1981.
/s/ J. C. Daugherty, Sr.
Representative,
33rd District
Sworn to and subscribed before me,
this 16th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY.
No. 225 (House Bill No. 216).
AN ACT
To create the Downtown Bainbridge Development Authority; to
provide for the appointment of members of the authority and their
terms of office; to create the Downtown Bainbridge Central Business
GEORGIA LAWS 1981 SESSION
3539
District; to authorize the authority to levy a tax; to provide for the
powers of the authority; to authorize the authority to issue revenue
bonds; to provide for procedures connected with all of the foregoing;
to repeal a specific Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to the provisions of Article IX, Section VIII,
Paragraph II of the Constitution, there is hereby created in and for
the City of Bainbridge the Downtown Bainbridge Development
Authority, hereinafter referred to as the authority.
Section 2. The authority shall be composed of eight members to
be appointed as hereinafter provided. One member of the authority
shall be the mayor of the City of Bainbridge, two members of the
authority shall be appointed by the said mayor, and the other five
members shall be appointed by the city council from merchants
operating businesses within the Downtown Bainbridge Central Busi-
ness District; provided, however, that five of the eight members shall
be owners of an interest of at least a life estate or greater interest in
real estate located in the Downtown Bainbridge Central Business
District or officers at the time of appointment of a corporation or
other association owning such real estate or in fee or for life of an
undivided interest in such real estate; provided, further, that, of the
five members appointed by the city council, one member shall be
appointed from each subdistrict within the Downtown Bainbridge
Central Business District. All members, with the exception of the
mayor, shall be appointed for terms of three years; provided, however,
with respect to the initial members, the mayor shall appoint one
member for a term of three years and one member for a term of two
years, three members shall be appointed by the city council for terms
of three years, and two members shall be appointed by the city
council for terms of two years. The Downtown Bainbridge Develop-
ment Authority shall adopt and abide by its own bylaws establishing
meeting dates, quorums, the recalling of members, and other perti-
nent procedures.
Section 3. The Downtown Bainbridge Central Business District
shall consist of the following area divided into five subdistricts:
(1) Subdistrict 1 - All of that area bound on the north by
the Seaboard Coastline Railroad, on the east by Scott Street, on
3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the south by Evans Street between Scott and Washington Streets
and then by Shotwell Street between Washington and Bruton
Streets, and on the west by Bruton Street and the Flint River. It
shall also include properties on the east side of Scott Street which
abut on the area included and properties on the south side of
Shotwell Street which abut on the area included.
(2) Subdistrict 2 - All of the properties located on the
north and south sides of Shotwell Street from Scott Street east-
ward to the city limits.
(3) Subdistrict 3 - All of the properties on the east and
west sides of Scott Street between College and Evans Streets.
(4) Subdistrict 4 - All of the properties on the east and
west sides of West Street between U.S. 27-84 Bypass and Evans
Street.
(5) Subdistrict 5 - All of the properties on the north and
south sides of U.S. 84 (Dothan Road) from the Flint River west to
the city limits.
Section 4. The Downtown Bainbridge Development Authority
shall be a body corporate and politic having the power to sue and be
sued in its own name, to contract, to acquire, own, hold, lease, sell, and
convey real and personal property, tangible or intangible, at public or
private sale, with or without advertisement, and to do all things
necessary to the accomplishment of its purposes.
Section 5. The purpose of said authority shall be the redevelop-
ment and improvement of the Downtown Bainbridge Central Busi-
ness District; and said authority shall have the power to employ
engineers, architects, surveyors, landscape architects, planners, and
others in the furtherance of its purpose, to assist public bodies and
private owners in the improvement of public and private properties
by assisting in the planning therefor, to contract for the construction,
remodeling, altering, and demolition of buildings, and to contract
with the City of Bainbridge and other public bodies for the construc-
tion, reconstruction, altering, and changing streets, alleys, parking
lots, and malls.
Section 6. The authority shall have the power to designate the
Downtown Bainbridge Central Business District or any section of
GEORGIA LAWS 1981 SESSION
3541
such district as a special tax district and collect taxes within said
district not exceeding 20 mills based on values fixed by the tax digest
of the City of Bainbridge, Georgia, or the tax digest of the County of
Decatur as provided by law, to defray the costs of foregoing, and to
issue executions and enforce payment of same in the same manner as
tax executions for the City of Bainbridge are issued and enforced.
Such executions shall be issued in the name of the authority and shall
be signed by an authority member as chairman or clerk. Said tax
executions shall bear interest and fi. fa. costs at the same rate and
amount as tax executions of the City of Bainbridge. All taxes levied
by the authority shall become due and payable at the same time as ad
valorem taxes levied by the City of Bainbridge. The authority may
contract with the City of Bainbridge for the collection of any taxes
levied by the authority.
Section 7. The authority shall have the power to issue notes or
other evidences of indebtedness including revenue bonds or revenue
certificates, to pledge revenues and to levy and collect taxes as
hereinabove provided for the retirement of said indebtedness, and to
issue executions for enforcement thereof as provided in Section 6;
provided, however, that the aggregate levy of taxes as provided for in
Section 6 of this Act shall not exceed 20 mills. Obligations of the
authority may be secured by the pledge or conveyance of all or any
part of its assets, real or personal, tangible or intangible, but the
obligations of the authority shall not be obligations of the City of
Bainbridge or the State of Georgia. The authority shall have the right
to accept gifts and grants from whatever source and use them for its
general purpose. The property, obligations, and the interest on the
obligations of the authority shall have the same exemptions from
taxation as the property, obligations, and interest on the obligations
of the City of Bainbridge.
Section 8. No taxes shall be levied by said authority for any
purpose against property other than real property or against any real
property occupied by the owner exclusively as a residence or against
any real property not subject to taxation by the City of Bainbridge.
Section 9. The authority shall have the right and power of
eminent domain for the purpose of acquiring property in the carrying
out of its aims and objectives.
Section 10. No funds of the authority, except for planning,
engineering, and design, shall be spent on the improvement of private
property.
3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. Any project or contract which requires the authority
to levy a tax as provided in Section 6 shall be prohibited unless it is
approved by:
(1) The governing authority of the City of Bainbridge; and
(2) A petition of at least 60 percent of the business owners
and owners of parcels of business or commercial property within
the Downtown Bainbridge Central Business District, or any sub-
district if the tax is only to be levied in a subdistrict, according to
the following rules:
(A) Each business owner shall have one vote or signa-
ture.
(B) Each owner of a parcel of business or commercial
property within the district or subdistrict, as the case may be,
shall have one vote or signature.
(C) No person shall have more than three votes or
signatures regardless of the number of businesses or parcels of
business or commercial property such person owns in the
Downtown Bainbridge Central Business District or any sub-
district, as the case may be.
Section 12. An Act creating the Downtown Bainbridge Develop-
ment Authority, approved April 11,1979 (Ga. Laws 1979, p. 3709), is
hereby repealed in its entirety.
Section 13. 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
1981 session of the General Assembly of Georgia, at the request of the
Mayor and City Council of the City of Bainbridge, an Act creating the
Downtown Bainbridge Development Authority as authorized by the
Constitutional Amendment approved in the General Election of
November 4,1980, and for other purposes.
GEORGIA LAWS 1981 SESSION
3543
This 24th day of December, 1980.
Walter 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 24,31,1980 and January 7,1981.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 16th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF RICHMOND COUNTYACT
AMENDED.
No. 226 (House Bill No. 229).
AN ACT
To amend an Act creating the State Court of Richmond County,
approved September 22, 1881 (Ga. Laws 1880-81, p. 574), as
amended, so as to prohibit the judge of the state court from engaging
in the practice of law; to provide for an assistant solicitor; to provide
for the powers, duties, and compensation of the assistant 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 Richmond County,
approved September 22, 1881 (Ga. Laws 1880-81, p. 574), as
amended, is hereby amended by adding at the end of Section 2 of said
Act an undesignated subsection to read as follows:
The judge of the State Court of Richmond County shall not
engage in the private practice of law.
Section 2. Said Act is further amended by adding at the end of
Section 4 of said Act an undesignated subsection to read as follows:
The solicitor of the State Court of Richmond County is autho-
rized to appoint, subject to the approval of the judge of the state
court, an assistant solicitor. The assistant solicitor shall serve at the
pleasure of the judge and solicitor of the state court. Any assistant
solicitor shall have been a resident of Richmond County for a period
of not less than one year prior to his appointment, shall be at least 21
years of age at the time of appointment, and shall be a member of the
State Bar of Georgia and qualified to practice law. The assistant
solicitor shall, before assuming office, take the same oath of office as
that prescribed for the solicitor. The assistant solicitor shall have
such authority as may be delegated to him by the solicitor and, when
acting on behalf of or for the solicitor, shall have all the power and
authority vested in the solicitor of the State Court of Richmond
County. The salary of the assistant solicitor shall be established by
the governing authority of Richmond County and shall be paid from
county funds.
GEORGIA LAWS 1981 SESSION
3545
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
1981 Session of the General Assembly of Georgia, an Act to amend an
Act to establish a City Court (State Court) in the County of
Richmond (Ga. Laws 1880-81, p. 574), so as to prove that the Judge of
said Court shall not be permitted to engage in the private practice of
law; to provide that the Solicitor of State Court of Richmond County
shall have the right and authority to appoint an Assistant Solicitor,
with the approval of the Judge of said Court, to serve at the pleasure
of the Solicitor and Judge of said Court; to provide the duties of the
Assistant Solicitor of the State Court; to provide qualifications and
salary for the Assistant Solicitor of the State Court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
This 17th day of December, 1980.
Robert C. Danile, 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
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond, who certifies that the legal
notice of intention to apply for local legislation was duly published
once a week for three weeks, as required by law. Said dates of
publication being December 22,29,1980 and January 5,1981.
218
3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ William S. Morris, III
President, Southeastern
Newspapers Corporation
Publisher of
The Augusta Herald,
Richmond County, Georgia
Sworn to and subscribed before me,
this 7th day of January, 1981.
/s/ Marie B. Marriott
Notary Public,
Richmond County, Georgia.
(Seal).
Approved April 6, 1981.
STATE COURT OF FULTON COUNTYJURISDICTION
OF MAGISTRATES, ETC.
No. 227 (House Bill No. 260).
AN ACT
To amend an Act creating the State Court of Fulton County,
approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended,
particularly by an Act creating for said court the office of magistrate,
approved March 25,1980 (Ga. Laws 1980, p. 3735), so as to change the
provisions relative to the jurisdiction of the magistrate; to provide for
other matters relative thereto; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3547
Section 1. An Act creating the State Court of Fulton County,
approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended,
particularly by an Act creating for said court the office of magistrate,
approved March 25,1980 (Ga. Laws 1980, p. 3735), is hereby amended
by striking in its entirety Section 2 of said amendatory Act approved
March 25, 1980 (Ga. Laws 1980, p. 3735) and substituting in lieu
thereof a new Section 2 to read as follows:
Section 2. Magistrate; powers and jurisdiction, (a) Said magis-
trate shall have county-wide jurisdiction to hear and determine cases
involving the following:
(1) Violations of all county ordinances and regulations;
(2) Violations of all state and county traffic laws and regula-
tions;
(3) Civil cases referred by the Chief Judge of the State
Court of Fulton County; and
(4) Violations of all State Game and Fish laws and regula-
tions.
(b) In addition to the jurisdiction specified by subsection (a) of
this Section, said magistrate shall have jurisdiction to accept a plea of
guilty to any misdemeanor except one of a high and aggravated nature
and to pass judgment thereon when the defendant waives, in writing,
the right to arraignment and to trial by judge or jury.
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
1981 session of the General Assembly of Georgia a bill to amend an act
establishing a State Court of Fulton County, approved March 24,
1976, (Ga. L. 1976, p. 3023); and for other purposes.
3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 10th day of December, 1980.
John Tye Ferguson
Associate County
Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bettye Lowe 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 Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: December
19,26,1980 and January 2,1981.
/s/ Bettye Lowe
Representative,
43rd District
Sworn to and subscribed before me,
this 16th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3549
TOWN OF TUNNEL HILLTERMS OF
COMMISSIONERS, ETC.
No. 228 (House Bill No. 303).
AN ACT
To amend an Act incorporating the Town of Tunnel Hill,
approved March 4,1856 (Ga. Laws 1855-56, p. 373), as amended, so as
to change the provisions relating to the election and terms of office of
the commissioners and chairman of the board of commissioners of
said town; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA that an Act incorporating the Town of Tunnel Hill,
approved March 4, 1856 (Ga. Laws 1855-56, p. 373), as amended, is
hereby further amended as follows:
Section 1. (a) From and after the effective date of this section,
for the purposes of electing members to the board of commissioners of
the Town of Tunnel Hill, positions of membership on the board shall
be designated Post 1 through Post 5, respectively. A candidate
offering for election to the board shall designate by number that
position on the board for which he offers as a candidate. Five
commissioners shall be elected at the general city election in 1981.
Candidates who are elected to the board at the 1981 election shall
serve for terms of office of two years; provided, however, that the
candidates elected to Post 1 and Post 2 shall serve an initial term of
one year. Thereafter, candidates elected to the board of commis-
sioners shall serve for terms of office of two years and until their
successors are elected and qualified.
(b) At the first meeting of the board of commissioners following
the annual city election, the board shall elect one of its members to
serve as chairman of the board of commissioners for a term of one year
and until his successor is elected.
(c) Members of the board of commissioners of the Town of
Tunnel Hill serving on the effective date of this section shall continue
to serve out the terms of office to which they were elected.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
3550 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
1981 session of the General Assembly of Georgia a bill to amend an
Act incorporating the Town of Tunnel Hill, approved March 4,1856
(Ga. Laws 1855-56, p. 373), as amended; and for other purposes.
This 19 day of December, 1980.
/s/ 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 Legisla-
tion was published in the Daily Citizen News which is the official
organ of Whitfield County, on the following dates: December 26,1980,
January 2,9,1981.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3551
STATE COURT OF HOUSTON COUNTYTERMS
OF COURT.
No. 229 (House Bill No. 310).
AN ACT
To amend an Act to create and establish the State Court of
Houston County, approved February 28, 1975 (Ga. Laws 1975, p.
2584), 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 to create and establish the State Court of
Houston County, approved February 28, 1975 (Ga. Laws 1975, p.
2584), is hereby amended by striking from the first sentence of
Section 21 of said Act the following:
March, June, October and January,
and substituting in lieu thereof the following:
January, March, May, July, September, and November,
so that when so amended Section 21 of said Act shall read as follows:
Section 21. The terms of court of the State Court of Houston
County shall be the third Monday of January, March, May, July,
September, and November. Dates for guilty pleas, noncontested civil
matters and nonjury matters shall be set by the judge. The judge
may, in his discretion, hold adjourned terms, when business requires
it, to close the dockets and may in the exercise of a sound discretion
cause new juries to be drawn for the same or order the juries drawn for
the regular term to give attendance upon such adjourned terms; and
said judge is authorized to hold special terms of said court for the trial
3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of criminals or for the disposition of civil business, either or both, at
discretion, and either to compel the attendance of jurors of previous
term or to draw new jurors for the same according to the laws now in
force.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating and establishing the State Court of Houston County,
approved February 28,1975 (Ga. Laws 1975, p. 2584), so as to change
the terms of said court; and for other purposes.
This the 18th day of December, 1980.
Ed Barker
Senator,
18th District
Ted W. Waddle
Representative-elect,
113th District
Roy H. Watson
Representative,
114th District
Larry Walker
Representative,
115th District
GEORGIA LAWS 1981 SESSION
3553
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Larry Walker who, on oath, deposes
and says that he/she is Representative from the 115th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Houston Home Journal which is the
official organ of Houston County, on the following dates: December
25,1980 and January 1,8,1981.
/s/ Larry Walker
Representative,
115th District
Sworn to and subscribed before me,
this 19th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PENSION SYSTEM FOR MEMBERS OF PAID FIRE
DEPARTMENTS IN CERTAIN CITIES AMENDED
(MORE THAN 300,000).
No. 230 (House Bill No. 332).
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
3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 1970, 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; particularly as amended by an
Act approved April 4,1978 (Ga. Laws 1978, pp. 4508, et seq.); so as to
clarify certain matters related to the pension application procedure,
employee back pension contributions, and to pension benefits; to
provide that appeals from decisions of the Board of Trustees shall be
by writ of certiorari to the Superior Court of Fulton County, to
provide for definitions; to provide that disability pension benefits and
salary shall not be paid simultaneously; to provide that pension
benefits, when payable, shall be exclusive of interest; 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 for 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 1970,
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. Pension application; procedure. Unless the pension
applicant withdraws a pending application for pension benefits, or
abandons his or her appeal from the denial of such application by the
board of trustees, no new application for a different category of
pension benefits shall be accepted by the board of trustees. Further,
whenever an officer or employee has been granted a certain category
of pension benefits no new application for a different category shall
be accepted by the board of trustees.
Section 2. Appeals from decisions of the board of trustees;
procedure. A majority of the board of trustees shall control on all
disputed questions.
GEORGIA LAWS 1981 SESSION
3555
Whenever an application for disability pension, whether in line of
duty or not in line of duty, has been filed, the applicant shall submit
therewith a signed certificate from a licensed, practicing physician of
Georgia certifying to the applicants total and permanent disability
from his or her regular, assigned or comparable duties with such city
and that, where applicable, in the opinion of such physician such
disability was either caused by or resulted from an accident or injury
sustained on the job. Immediately thereupon, the board of trustees
shall direct the applicant to submit to an examination by physicians
chosen by the board who likewise shall certify the physical or mental
ability or disability of the applicant, and, where applicable, whether
in the opinion of such physicians, such disability was either caused by
or resulted from an accident or injury sustained on the job. In the
event the certificates of the respective physicians shall be in general
agreement with respect to such matters, such facts shall be conclusive
as to the physical or mental condition of the applicant and the board
shall thereupon approve such pension in the proper amount. In the
event the certificate tendered by the applicant and the certification of
the physicians chosen by the board shall disagree as to the condition
of the applicant and where applicable, the cause of the disability, then
and in that event, the board of trustees shall conduct a hearing for the
purpose of determining the true condition of the applicant, and where
applicable, the cause of such disability. Such hearing shall be
conducted informally by the examination of witnesses for and in
opposition to such application who shall be sworn, and the applicant,
the city, and the board of trustees may be represented by legal counsel
if they so desire. The board of trustees shall be authorized to
promulgate reasonable rules and procedures, not inconsistent with
general legal principles, governing the manner in which such hearings
shall be conducted. The decision of the board after the hearing, shall
be final as to the physical or mental condition of the applicant, and
where applicable, as to whether the disability is compensable as one
incurred in the line of duty, provided however, such proceeding shall
be subject to review by writ of certiorari to the Superior Court of
Fulton County. The secretary-treasurer of the board of trustees shall
be authorized to acknowledge service of any such writ and shall,
within the time provided by law, certify and cause to be filed with the
Clerk of said Superior Court, a record of the proceedings before the
board including a copy of the application for disability pension or
other relief involved, the decision of the board and the notice of the
boards action as provided to the pension applicant. Where appeals
are taken by a pension applicant as provided herein, the board of
trustees shall be the respondent and the city shall be the defendant.
3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The method of appeal as provided herein shall also serve as the
method by which all other disputed pension questions shall be
appealed.
Section 3. Definitions. When used in this Act, as amended, the
following terms shall have the following meanings:
(a) Disability - shall mean the total and permanent physical or
mental inability to perform ones regular, assigned or comparable
duties with such city;
(b) Disability or death incurred in line of duty - shall mean
total and permanent physical or mental inability to perform ones
regular, assigned or comparable duties with such city where such
disability or death is the direct result of an event or events occurring
during and as a result of the performance of an officers or employees
regular or assigned duties and where such disability or death is not
the result of such officers or employees willful negligence. Further,
the following conditions and circumstances shall not be deemed a
disability or death incurred in the line of duty but shall be considered
an ordinary disability:
(1) Permanent and total disability or death resulting from a
cardiovascular, pulmonary or musculo-skeletal condition which is
not a direct result of an event or events occurring in the perfor-
mance of duty;
(2) Permanent and total disability or death resulting from
the aggravation of a preexisting physical or mental defect, disease
(either functional or organic), or deformity where such preexisting
condition is not a direct result of an event or events occurring in
the performance of duty.
Section 4. Employee back pension contributions, deductions
from benefits; assignment of group life insurance proceeds, (a) In the
event an officer or employee obligated to pay back pension contribu-
tions should retire or die before said payments into the fund are
completed, the secretary of the retirement fund is authorized to
deduct an appropriate amount, as determined by the board of trust-
ees, from the monthly retirement or beneficiary benefits, or in lieu
thereof, such lump sum amounts as the board, in its discretion, deems
appropriate until the obligation is discharged.
GEORGIA LAWS 1981 SESSION
3557
(b) In the event an officer or employee obligated to pay back
pension contributions should retire before said payments into the
fund are completed, the board of trustees shall require, in consider-
ation of the payment of such indebtedness, an assignment of such
officers or employees group life insurance in an amount sufficient to
satisfy the outstanding obligation.
Section 5. Pension benefits; no simultaneous payment of bene-
fits and salary; no entitlement to interest, (a) Whenever an officer or
employee has been declared eligible for pension benefits, such pen-
sion benefits shall only commence the day following the last day of
paid employment for such city.
(b) In each and every instance where pension benefits shall
become payable pursuant to this Act, as amended, such payments
shall be limited to the statutorily required amount as provided by this
Act as amended and shall be exclusive of interest or other amounts.
Section 6. Subsection (M) of Ga. Laws 1978, pp. 4508,4518,4519
is hereby amended by striking the following language from the second
sentence of the third paragraph thereof,
...in accordance with the procedure provided for in Ga. Laws
1953, Nov. - Dec. Sess., p. 2305.,
and adding in lieu thereof, the following:
...as provided by law.,
so that when amended, said third paragraph of subsection (M) shall
provide as follows:
Thereafter, the Board of Trustees shall make a determination as
to whether such disability or death was incurred in line of duty or not
in line of duty. Should such city, or any person having an interest in
said decision, disagree with such decision of the Board then either
such city or such person may appeal from such decision as provided
by law.
Section 7. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8. Specific repealer. Section 3 of an Act approved
December 14, 1953 (Ga. Laws 1953, Nov. - Dec. Session, p. 2305)
amending Ga. Laws 1924, pp. 167, et seq., approved August 13,1924,
which amendment pertains to appeals from decisions of the board of
trustees, is hereby specifically repealed in its entirety.
Section 9. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
WHEELER COUNTYSMALL CLAIMS COURT CREATED.
No. 231 (House Bill No. 473).
AN ACT
To create and establish a Small Claims Court of Wheeler County,
Georgia, to be known as the Small Claims Court of Wheeler 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 such Small Claims Court; to provide that the
judge of said court shall be exempt from jury duty in the superior
court and any other court existing or that may be created and
established in Wheeler County; 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 and compensa-
tion; to provide for a jury and the number of jurors; to provide for the
service of process of said court; 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 for the costs of court; to provide for
contempt of said court and the penalty therefor; to provide for the
validity of the acts of said court and the proceedings therein; to
provide for all procedures, requirements and other matters connected
GEORGIA LAWS 1981 SESSION
3559
with 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. There is hereby created and established a Small
Claims Court of Wheeler County, Georgia, to be known as the Small
Claims Court of Wheeler County, 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 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 laws of the State of Georgia.
Section 2. (a) Any person appointed as a judge of the Small
Claims Court created by this Act must, at the time of his appoint-
ment, be at least twenty-five years of age, and of good moral charac-
ter. Any person so appointed shall be exempt from jury duty in the
superior court and any other court existing or that may be created and
established.
(b) All other officers appointed to or employed by said court, as
now or hereafter provided, must be at least twenty-one years of age.
Section 3. Whenever the judge of said 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
Wheeler 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. If the judge of the Small Claims
Court is unable to act and the judge of the superior court is unable to
act, upon application of the judge of the Small Claims Court, the clerk
of the superior court shall perform the duties of the judge. If the clerk
of the superior court is unable to act, the judge of the probate court
shall perform such duties.
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 or as deputy clerk, said clerk or deputy clerk to
be compensated, if at all, from the fees herein authorized.
3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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-
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. The judge or clerk may, at the request of any individual,
prepare the statement of claim and other papers required to be filed
in an action.
(b) A copy of the certified 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
in the county by a duly qualified bailiff of said Small Claims Court; or
by registered or certified mail with receipt; or by any person not a
party to, or otherwise interested in the suit, especially 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,
verification and 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 on the record the
date and hour of mailing. When a receipt therefor is returned, 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. 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 for any reason, service may be perfected on
such defendant by any other method as herein this Act prescribed.
(d) When served by a private individual, as hereinbefore pro-
vided, he 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 costs of service shall be
taxable as costs. 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 1981 SESSION
3561
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount. When the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than thirty days from the
date of the service of said notice; provided, however, that where
service is by registered or certified mail, the date of mailing shall be
the date of service.
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. {a) The plaintiff, when he files his claim, shall deposit
with the court the sum of $15.00, 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 which shall not
exceed $15.00; provided, however, the deposit of costs in cases of
attachment, garnishment, trover, statutory foreclosures on person-
alty and replevin by possessory warrant shall be $15.00; 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 $15.00, to be taxed in the discretion of the
court. If a party shall fail to pay any 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 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 $15.00 for every such claim case. The same
practice and procedure shall apply in cases of illegal affidavits.
3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. 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 the merits.
(b) The judge shall conduct the trial in such a manner as to do
substantial justice between the parties according to the rules of
substantive law, and all rules and regulations relating to pleading,
practice, and procedure shall be liberally construed so as to adminis-
ter justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for
want of prosecution, or 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, or 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, and 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 1981 SESSION
3563
Section 13. The judge of the superior court presiding in Wheeler
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, from time to time, 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 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 a
person so appointed shall be known and designated as Small Claims
Court Bailiff and have the powers and authority and be subject to
the penalties of all lawful constables of the State of Georgia, including
the power to serve any and all processes and writs issued from or by
said Small Claims Court, with power also to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment as
such, take and subscribe the oath of office as prescribed in Section 24-
804 and give the bond prescribed in Section 24-811 of the Code of
Georgia and 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 15. Judgments of said Small Claims Court shall become
a lien on the real estate and personal property of a defendant, situated
in any county, from the time of the filing in the office of the clerk of
the superior court for said county of an execution based upon such
judgment and the entry thereof 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 or hereafter provided for by law for appeals from probate courts
to the superior court shall be applicable to appeals from the Small
Claims Court to the superior court.
Section 17. Until otherwise provided by rules of court, the
statement of claims, verification, and notice shall be in the following
or equivalent form, and shall be in lieu of any forms now employed
and of any form of summons now provided by law:
3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Small Claims Court of Wheeler County
Alamo, Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied, be verified by the
plaintiff or his agent as follows:)
State of Georgia,
County of__________________,
_______________, having 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.
Plaintiff
(or Agent)
Sworn to and subscribed before me
this _____ day of________________, 19
Notary Public
(or Attesting Official)
GEORGIA LAWS 1981 SESSION
3565
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).
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
3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 18. All acts performed by the judge or clerk and all
proceedings had before the Small Claims Court of Wheeler County
are hereby validated.
Section 19. Within 30 days after this Act becomes of full force
and effect, the judge of the Superior Court of Wheeler County,
Georgia, shall appoint a duly qualified person to be judge of the Small
Claims Court of Wheeler County, to serve from the date of such
appointment to the first day of November following such appoint-
ment. The person so appointed by the judge of the Superior Court of
Wheeler County shall be nominated by a grand jury convened in
Wheeler County, Georgia, after this Act becomes of full force and
effect. Thereafter, the grand jury in session in Wheeler County
immediately prior to the expiration of the term of such judge shall
nominate and the judge of the Superior Court of Wheeler County
shall appoint a qualified person to serve as judge of Small Claims
Court for a period of four years, beginning on November 1, immedi-
ately following his appointment, and until his successor is duly
appointed and qualified. If, in the opinion of the judge of the
Superior Court of Wheeler County, the person so nominated by the
grand jury is qualified, he may appoint him as judge of the Small
Claims Court of Wheeler County to serve said four-year term; but if
the appointing judge in his sole discretion does not deem such person
qualified or desirable to hold such office, he shall refuse to appoint
him as such judge and shall notify the foreman of the grand jury
nominating such person to nominate another person for such office.
Within five days thereafter it shall be the duty of the grand jury to
nominate another person for appointment to such office, and the
judge of the Superior Court of Wheeler County upon receipt of such
nomination shall use his discretion as aforesaid in making or refusing
to make such appointment. Successors in such office shall be
nominated and appointed each four years in the same manner as
hereinbefore set out, for a four-year term beginning on November 1st
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 judge of the Superior Court
of Wheeler County, with or without any nomination by the grand
jury, in the sole discretion of the appointing judge. The judge of said
Small Claims Court may be removed from office by the judge of the
Superior Court of Wheeler County upon a recommendation being
made by the grand jury of Wheeler County that he be removed. Any
vacancy created by any such removal shall be filled for the unexpired
term in the same manner that other vacancies are filled.
GEORGIA LAWS 1981 SESSION
3567
Section 20. All forms, docket books, file jackets, filing cabinets
and the like required by this Act shall be furnished by the governing
authority of Wheeler County.
Section 21. Said Small Claims Court having no designated
terms at stated periods, the judge thereof shall, in every kind of case,
designate the times when attachments and executions are returnable,
and also designate the time when each answer to a summons of
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, but no judgment shall be rendered against a garnishee before a
final judgment shall have first been rendered against the defendant.
Section 22. A summons of garnishment may be served by a
lawful constable, or by a Small Claims Court bailiff, or by the judge of
the Small Claims Court; or it may be served by registered or certified
mail, provided such service by mail is evidenced by a properly signed
return receipt, which receipt shall be attached to the original garnish-
ment affidavit, or to the writ of attachment; provided further, it shall
be prima-facie evidence of service on the garnishee if the sealed
envelope in which said summons was mailed to the garnishee by
registered or certified mail is returned to sender by U. S. Postal
authorities marked refused, giving the date of refusal and be signed
or initialed by a U. S. Post Office employee or U. S. Mail Carrier to
whom refusal was made. Whenever served 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 or
on the back of a conformed copy of the original summons of garnish-
ment which was given to the garnishee, or such entry of service may be
made on a separate paper and attached to the said garnishment
affidavit or the writ of attachment, as the case may be.
Section 23. The judge of the Small Claims Court shall have the
power to impose fines of not more than $10.00 or imprison for not
longer than 24 hours any person guilty of contempt of court, such fine
to be paid into the county treasury or depository for county purposes.
3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24. The fee of bailiff 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 10 percent (10%) of the first $250.00 and 5 percent (5%) on
all sums over that amount with a minimum of $3.00.
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
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 uncon-
stitutional 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 Intention to Introduce Local Legislation.
At the request of the Board of Commissioners of Wheeler County,
notice is hereby given that there will be introduced at the regular 1981
session of the General Assembly of Georgia, a bill to create a small
claims court for Wheeler County; and for other purposes.
This 2 day of January, 1980.
L. L. Phillips
Representative,
120th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
GEORGIA LAWS 1981 SESSION
3569
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in The Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: January 21,
28, February 4,1981.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
PENSION SYSTEM FOR EMPLOYEES OF CERTAIN
CITIES AMENDED (MORE THAN 300,000).
No. 232 (House Bill No. 338).
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
3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
several Acts amendatory thereof, particularly as amended by an Act
approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), so as to
provide for light duty status where it has been medically determined
that an officer or employee of such cities is unable to perform his or
her regularly assigned duties by reason of physical or mental incapac-
ity or impairment and where such officer or employee has applied for
a disability pension; to provide that the Board of Trustees shall be
authorized to make rules necessary to carry out the provisions of this
amendment; to limit the applicability of this amendment; to amend
an Act approved February 15,1933 (Ga. Laws 1933, pp. 213, et seq.),
as amended, providing for pensions for members of police depart-
ments in cities having a population of 300,000 (Ga. Laws 1973, p.
2832) or more according to the latest census of the United States or
any subsequent census thereof, and for other purposes more fully set
out in the caption of said Act, as amended, particularly as amended
by an Act approved April 4,1978 (Ga. Laws 1978, pp. 4527, et seq.), so
as to provide for light duty status where it has been medically
determined that an officer or employee of such cities is unable to
perform his or her regularly assigned duties by reason of physical or
mental incapacity or impairment and where such officer or employee
has applied for a disability pension; to provide that the Board of
Trustees shall be authorized to make rules necessary to carry out the
provisions of this amendment; to limit the applicability of this
amendment; 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)
according to the latest census of the United States or any subsequent
census thereof, and for other purposes more fully set out in the
caption of said Act, particularly as amended by an Act approved April
4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), so as to provide for light
duty status where it has been medically determined that an officer or
employee of such cities is unable to perform his or her regularly
assigned duties by reason of physical or mental incapacity or impair-
ment and where such officer or employee has applied for a disability
pension; to provide that the Board of Trustees shall be authorized to
make rules necessary to carry out the provisions of this amendment;
to limit the applicability of this amendment; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3571
Section 1. An Act 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, approved
August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, and
particularly as amended by an Act approved April 4,1978 (Ga. Laws
1978, pp. 4546, et seq.), is hereby amended by adding thereto, the
following:
(a) In the event that it has been medically determined that an
officer or employee of such City is unable to perform his or her
regularly assigned duties by reason of physical or mental incapacity or
impairment, and where the officer or employee has applied for
disability pension, whether in line of duty or not in line of duty, and
upon the confirmation and certification of two or more licensed and
practicing physicians of Georgia that such officer or employee is
capable of performing less strenuous employment duties with such
City, such duties to be designated as light duty status, and where
such less strenuous employment duties are available and are offered
to such officer or employee, the officer or employee may, in the
discretion of the appointing authority of such City, be placed into
such light duty status and thereby continue to be carried on the
payroll of such City with no change in salary status or pension fund
membership, pending a further medical determination by two or
more licensed and practicing physicians of Georgia that such officer
or employee is no longer capable of functioning in such light duty
status.
(b) The board of trustees of the pension fund shall be authorized
to make all rules necessary in carrying out the provisions set forth in
subsection (a).
(c) This amendment shall only apply to officers and employees
who become members of the pension fund on or after the effective
date hereof.
Section 2. An Act providing for pensions for members of police
departments in cities having a population of 300,000 (Ga. Laws 1973,
p. 2832) or more according to the latest census of the United States or
any subsequent census thereof, and for other purposes more fully set
out in the caption of said Act, approved February 15, 1933 (Ga. Laws
3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1933, pp. 213, et seq.), as amended, and particularly as amended by an
Act approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), is
hereby amended by adding thereto, the following:
(a) In the event that it has been medically determined that an
officer or employee of such City is unable to perform his or her
regularly assigned duties by reason of physical or mental incapacity or
impairment, and where the officer or employee has applied for
disability pension, whether in line of duty or not in line of duty, and
upon the confirmation and certification of two or more licensed and
practicing physicians of Georgia that such officer or employee is
capable of performing less strenuous employment duties with such
City, such duties to be designated as light duty status, and where
such less strenuous employment duties are available and are offered
to such officer or employee, the officer or employee may, in the
discretion of the appointing authority of such City, be placed into
such light duty status within the same bureau and thereby continue
to be carried on the payroll of such City with no change in salary
status or pension fund membership, pending a further medical deter-
mination by two or more licensed and practicing physicians of
Georgia that such officer or employee is no longer capable of function-
ing in such light duty status.
(b) The board of trustees of the pension fund shall be authorized
to make all rules necessary in carrying out the provisions set forth in
subsection (a).
(c) This amendment shall only apply to officers and employees
who become members of the pension fund on or after the effective
date hereof.
Section 3. An Act 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) according
to the latest census of the United States or any subsequent census
thereof, and for other purposes more fully set out in the caption of
said Act, approved August 13,1924 (Ga. Laws 1924, pp. 167, et seq.),
as amended, and particularly as amended by an Act approved April 4,
1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by adding
thereto, the following:
(a) In the event that it has been medically determined that an
officer or employee of such City is unable to perform his or her
GEORGIA LAWS 1981 SESSION
3573
regularly assigned duties by reason of physical or mental incapacity or
impairment, and where the officer or employee has applied for
disability pension, whether in line of duty or not in line of duty, and
upon the confirmation and certification of two or more licensed and
practicing physicians of Georgia that such officer or employee is
capable of performing less strenuous employment duties with such
City, such duties to be designated as light duty status, and where
such less strenuous employment duties are available and are offered
to such officer or employee, the officer or employee may, in the
discretion of the appointing authority of such City, be placed into
such light duty status within the same bureau and thereby continue
to be carried on the payroll of such City with no change in salary
status or pension fund membership, pending a further medical deter-
mination by two or more licensed and practicing physicians of
Georgia that such officer or employee is no longer capable of function-
ing in such light duty status.
(b) The board of trustees of the pension fund shall be authorized
to make all rules necessary in carrying out the provisions set forth in
subsection (a).
(c) This amendment shall only apply to officers and employees
who become members of the pension fund on or after the effective
date hereof.
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 April 6,1981.
3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (8,750 - 8,950).
No. 233 (House Bill No. 348).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in each county in this State having a population of not less than 8,750
and not more than 8,950 according to the United States Decennial
Census of 1970 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of such small claims court; to prescribe
the jurisdiction, the pleading, practice and service of process therein;
to provide for a clerk and his remuneration; to validate acts and
proceedings therein; to provide for all matters relative to the forego-
ing; to provide an effective date; to repeal conflicting laws; and for
other purposes., approved April 12,1971 (Ga. Laws 1971, p. 4067), as
amended by an Act approved March 31, 1976 (Ga. Laws 1976, p.
3586); to provide an effective date; to provide conditions for the
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in each county in this State having a population of not less than
8,750 and not more than 8,950 according to the United States
Decennial Census of 1970 or any future such census; to provide for the
appointment, duties, powers, compensation, qualifications, substitu-
tion and tenure of office of the judge of such small claims court; to
prescribe the jurisdiction, the pleading, practice and service of pro-
cess therein; to provide for a clerk and his remuneration; to validate
acts and proceedings therein; to provide for all matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes., approved April 12, 1971 (Ga. Laws 1971, p.
4067), as amended by an Act approved March 31, 1976 (Ga. Laws
1976, p. 3586), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Turner
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
GEORGIA LAWS 1981 SESSION
3575
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
CIVIL COURT OF RICHMOND COUNTY-
JURISDICTION, RULES OF PROCEDURE.
No. 234 (House Bill No. 374).
AN ACT
To amend an Act creating the civil court of Richmond County
(formerly the municipal court of Augusta), approved August 28,1931
(Ga. Laws 1931, p. 270), as amended, particularly by an Act approved
March 21, 1974 (Ga. Laws 1974, p. 2410), so as to change the
jurisdictional amount of the civil court of Richmond County; to
change certain rules of practice and procedure; 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
(formerly the municipal court of Augusta), approved August 28,1931
(Ga. Laws 1931, p. 270), as amended, particularly by an Act approved
March 21, 1974 (Ga. Laws 1974, p. 2410), is hereby amended by
striking from Sections 2 and 15 the words and figure ten thousand
($10,000.00) dollars and inserting in lieu thereof the figure
$25,000.00, so that when said Act is so amended the jurisdictional
amount of the court shall be $25,000.00.
Section 2. Said Act is further amended by striking in Section 19
the words and figure five hundred ($500.00) dollars, and inserting
in lieu thereof the figure $750.00, so that when said Act is so
amended the rules of pleading and practice provided for in Section 15,
16, and 17 shall not apply in cases in which the amount in controversy
does not exceed $750.00.
3576 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 Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1981 Session of the General Assembly of Georgia, an Act to amend an
Act creating the Civil Court of Richmond County set forth in Georgia
Laws of 1974, pages 2410-2432, as amended, so as to revise the
amount for which civil suits can be maintained in said court, to
provide for practice, procedure and other matters relative to the
foregoing, to provide an effective date, to repeal conflicting laws; and
for other purposes.
J. Bacheller Flythe and
Oliver K. Mixon
Judges of said Court
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Sam Nicholson who, on oath, deposes
and says that he/she is Representative from the 88th 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 3,10,17,
1981.
/s/ Sam Nicholson
Representative,
88th District
GEORGIA LAWS 1981 SESSION
3577
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
WHITFIELD COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 235 (House Bill No. 369).
AN ACT
To amend an Act creating a small claims court for Whitfield
County, Georgia, approved March 16,1978 (Ga. Laws 1978, p. 3792),
so as to change the provisions relating to jurisdiction of said court; to
change the compensation provisions relating to 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 a small claims court for Whitfield
County, Georgia, approved March 16,1978 (Ga. Laws 1978, p. 3792),
is hereby amended by adding in Section 1, between the words
contractu and in, the following:
and ex delicto,
219
3578 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 for Whitfield County, Georgia, to be known as the Small Claims
Court of Whitfield County, Georgia, which court shall have civil
jurisdiction in cases ex contractu and ex delicto 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 jurisdic-
tion 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 laws of the State of
Georgia.
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. (a) The judge shall receive an annual salary of
$20,000.00, payable in equal monthly installments from the funds of
Whitfield County, in lieu of all fees and commissions herein autho-
rized to be collected by the judge. Said fees and commissions of the
judge shall be diligently collected by the judge and shall be paid into
the treasury of Whitfield County. The judge shall give his full time to
the discharge of his duties as such.
(b) The judge shall also receive an annual cost-of-living increase
as follows: on the first day of January of each year, beginning in 1982,
the base salary of the judge shall be increased by 5 percent. For the
purposes of this subsection only, the base salary of the judge shall be
computed at $20,000.00 January 1, 1982, and thereafter shall be
computed at $20,000.00 plus any cost-of-living increases which such
person serving as judge has received in prior years.
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 1981 SESSION
3579
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly a bill to amend an Act creating
the Small Claims Court of Whitfield County, approved March 16,
1978 (Ga. Laws 1978, p. 3792); and for other purposes.
This 18th day of Dec., 1980.
/s/ Jim Campbell
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-
tion was published in the Daily Citizen-News which is the official
organ of Whitfield County, on the following dates: December 26,1980,
January 2,9,1981.
/s/ R. L. Foster
Representative,
6th District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (16,500 - 16,700).
No. 236 (House Bill No. 349).
AN ACT
To repeal an Act entitled An Act to establish a Small Claims
Court in Counties in this State having a population of not less than
16,500 and not more than 16,700, according to the U. S. Census of
1960 or any such future census; to provide for the appointment,
duties, powers, compensation, qualifications, substitution and tenure
of office of the judge of such court; to prescribe the jurisdiction,
practice, pleading and procedure therein; to provide for a clerk and
his remuneration; to provide an effective date; to repeal conflicting
laws; and for other purposes., approved April 12, 1963 (Ga. Laws
1963, p. 3395), as amended by an Act approved March 10,1965 (Ga.
Laws 1965, p. 2240); to provide an effective date; to provide condi-
tions for the effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to establish a Small Claims
Court in Counties in this State having a population of not less than
16,500 and not more than 16,700, according to the U. S. Census of
1960 or any such future census; to provide for the appointment,
duties, powers, compensation, qualifications, substitution and tenure
of office of the judge of such court; to prescribe the jurisdiction,
practice, pleading and procedure therein; to provide for a clerk and
his remuneration; to provide an effective date; to repeal conflicting
laws; and for other purposes., approved April 12, 1963 (Ga. Laws
1963, p. 3395), as amended by an Act approved March 10,1965 (Ga.
Laws 1965, p. 2240), is hereby repealed in its entirety.
GEORGIA LAWS 1981 SESSION
3581
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Worth
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
COLUMBIA COUNTYPROVISIONS FOR JAIL
AND COURTHOUSE.
No. 237 (House Bill No. 351).
AN ACT
To amend an Act relating to Columbia County, approved Novem-
ber 29, 1794 (Ga. Laws 1794, p. 172), as amended, so as to change
certain provisions relating to the jail and courthouse; to provide for
the site of the construction of a new jail; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to Columbia County, approved
November 29, 1794 (Ga. Laws 1794, p. 172), as amended, is hereby
amended by striking from Section 1 the words:
and jail therein,
so that when so amended Section 1 shall read as follows:
Section 1. BE IT ENACTED by the Senate and House of
Representatives of the State of Georgia in general assembly met, and
3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the authority of the same, That the seat of the public buildings in
the County of Columbia, as far as relates to the courthouse, shall be
on that public lot of land, on the northwest margin of the Big Kiokee
Creek, which was conveyed by William Appling, to the Commis-
sioners of courthouse and jail, it being the lot of land on which the
aforesaid buildings do now stand.
Section 2. Said Act is further amended by adding immediately
following Section 2 a new section, to be designated Section 3, to read
as follows:
Section 3. The Board of Commissioners of Columbia County,
Georgia, is hereby authorized to erect a new jail for Columbia County
on either the county site, on land contiguous thereto, or on tracts of
land consisting of 43.59 acres as shown on a plat prepared by John
Harris, Registered Land Surveyor, dated January 7, 1981, and
recorded in the office of the clerk of the Superior Court of Columbia
County in Plat Book 10, page 55.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Motion to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1981
Session of the General Assembly of Georgia, a bill to amend an Act of
the General Assembly, Ga. Laws, 1794, p. 173 so as to strike therefrom
the word jail; to provide that a new jail can be erected on property
owned by Columbia County; and for other purposes.
This 12th day of December, 1980.
William S. Jackson
Representative,
77th District
GEORGIA LAWS 1981 SESSION
3583
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William S. Jackson who, on oath,
deposes and says that he/she is Representative from the 77th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbia News which is the official
organ of Columbia County, on the following dates: December 17, 24,
and 31,1980.
/s/ William S. Jackson
Representative,
77th District
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF LEESBURGCHARTER AMENDED.
No. 238 (House Bill No. 431).
AN ACT
To amend an Act creating a new charter for the City of Leesburg,
Georgia, approved April 17, 1973 (Ga. Laws 1973, p. 2851), as
amended, so as to change the number of councilmen; to change the
3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
method of electing the mayor and councilmen; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
Leesburg, Georgia, approved April 17,1973 (Ga. Laws 1973, p. 2851),
as amended, is hereby amended by striking Section 2.10 in its entirety
and substituting in lieu thereof a new Section 2.10 to read as follows:
Section 2.10. Creation; composition; number; election. The
legislative authority of the government of the City of Leesburg,
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 IV of this charter.
Section 2. Said Act is further amended by striking the first
sentence of Section 2.11 which reads as follows:
The members of the council shall serve for terms of two years and
until their respective successors are elected and qualified.,
and substituting in lieu thereof the following:
The members of this council shall serve for terms of four years,
except as provided in Article IV of this charter, and until their
respective successors are elected and qualified.
Section 3. Said Act is further amended by striking the first
sentence of Section 2.21 which reads as follows:
The mayor shall be elected for a term of two years and until his
successor is elected and qualified.,
and substituting in lieu thereof the following:
The mayor shall be elected for a term of four years, except as
provided in Article IV of this charter, and until his successor is elected
and qualified.
Section 4. Said Act is further amended by striking Section 4.10
in its entirety and substituting in lieu thereof a new Section 4.10 to
read as follows:
GEORGIA LAWS 1981 SESSION
3585
Section 4.10. Regular elections; time for holding. On the
Tuesday immediately following the first Monday in November, 1981,
an election shall be held for a mayor and six councilmen who shall
take office on the first Tuesday in February, 1982. The mayor and the
three councilmen, whose offices are hereby designated as Post 1, Post
2, and Post 3, respectively, shall serve for a term ending December 31,
1985, and three councilmen, whose offices are hereby designated Post
4, Post 5, and Post 6, respectively, shall serve for a term ending
December 31,1983. On the Tuesday immediately following the first
Monday in November, 1983, and on the Tuesday immediately follow-
ing the first Monday in November every four years thereafter, an
election shall be held for Post 4, Post 5, and Post 6, with said
councilmen to take office on the first day in January following their
election. On the Tuesday immediately following the first Monday in
November, 1985, and on the Tuesday immediately following the first
Monday in November every four years thereafter an election shall be
held for a mayor and Post 1, Post 2, and Post 3 of the council who shall
take office on the first day in January following their election.
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
1981 session of the General Assembly of Georgia a bill to amend the
charter for the City of Leesburg, Georgia, so as to increase the number
of city councilmen and change the terms and method of electing the
mayor and members of the city council, and for other purposes, being
an act to amend an act of the General Assembly of Georgia, approved
April 17,1973, as amended.
This 11th day of December, 1980.
William E. Cannon, Jr.
Attorney for the
City of Leesburg
3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, R. S. Hutchinson who, on oath,
deposes and says that he/she is Representative from the 133rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Albany Herald which is
the official organ of Lee County, on the following dates: December 13,
20,27,1980.
/s/ R. S. Hutchinson
Representative,
133rd District
Sworn to and subscribed before me,
this 23rd day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GORDON COUNTYSCHOOL SUPERINTENDENT,
REFERENDUM.
No. 239 (House Bill No. 385).
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
GEORGIA LAWS 1981 SESSION
3587
amended, so as to provide for the election and term of the school
superintendent of Gordon County; to provide for applicability of
certain laws; to provide for a referendum; to provide for effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new board of education of Gordon
County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as
amended, is hereby amended by striking in its entirety Section 5
thereof, which reads as follows:
Section 5. (a) The board of education created herein shall
appoint, by a majority vote of its members, the county school superin-
tendent who shall serve at the pleasure of the board. The first
superintendent appointed by said board shall be appointed at the
first meeting of the board held in December, 1972. Such superinten-
dent shall take office on January 1,1973. The county school superin-
tendent holding office on the effective date of this Act shall continue
to serve the term of office for which he was elected and until his
successor is appointed by the board as provided herein. In the event a
vacancy occurs in the office of county school superintendent prior to
the expiration of the present term of office, such vacancy shall be
filled by the board.
(b) The county school superintendent appointed by the board
shall receive such compensation as the board shall provide by a
majority vote of its members. The county school superintendent shall
be compensated from State funds with such supplement from county
funds as is deemed desirable by the board, and the amount of such
compensation shall be duly recorded in the minutes of the board. The
county school superintendent appointed by the board shall be subject
to all provisions of law relative to county school superintendents
except those provisions of law which are in conflict with the provi-
sions of this Act.,
and inserting in lieu thereof a new Section 5 to read as follows:
Section 5. (a) The person serving as school superintendent of
Gordon County on the effective date of this Section 5 shall continue
to serve as such until the election and qualification of the school
superintendent pursuant to subsection (b) of this Section. Until such
time, the duties, qualifications, and compensation of such appointed
3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
superintendent and the provisions relating to vacancy in such office
shall continue to be the same as existed immediately prior thereto.
(b) Not less than five nor more than ten days after this Section
becomes effective, the election superintendent of Gordon County
shall issue the call for a special nonpartisan election for the purpose of
electing the school superintendent of Gordon County. The election
superintendent shall set the date of such election for a day not less
than 30 nor more than 45 days after the issuance of the call. The
election superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Gordon County.
(c) The person elected as school superintendent of Gordon
County in the special election provided in this Section shall serve for a
term beginning on the first Monday immediately following the date
upon which are certified the final results of that election and ending
December 31, 1984, and until the election and qualification of a
successor. Successors shall be elected in the general election immedi-
ately preceding the end of the term of office of the incumbent school
superintendent of Gordon County, and they shall serve for terms of
four years, beginning on the first day of January immediately follow-
ing their election, and until the election and qualification of a
successor.
(d) Only qualified electors of the Gordon County School Dis-
trict, excluding those electors residing in the independent school
district of the City of Calhoun, shall be eligible to vote in any election
held pursuant to this Section.
(e) The elected county school superintendent of Gordon County
shall be subject to all provisions of law relative to county school
superintendents except those in conflict with the provisions of this
Act.
Section 2. After the approval of this Act by the Governor or after
it otherwise becomes law, and within 10 days after the voting plan
proposed herein has been approved in accordance with Section 5 of
the Voting Rights Act of 1965, as amended, the election superinten-
dent of Gordon County shall issue the call for an election for the
purpose of submitting this Act to the electors of Gordon County for
approval or rejection. The superintendent shall set the date of such
election for a day not less than 30 days nor more than 35 days after the
GEORGIA LAWS 1981 SESSION
3589
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
Gordon County. The ballot shall have written or printed thereon the
words:
[ ] YES - Shall the Act providing for the election
and term of the school superinten-
dent of Gordon County and provid-
[ ] NO jng for applicability of certain laws
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.
For purposes of this section, a voting plan shall be deemed
to have been approved in accordance with Section 5 of the Voting
Rights Act of 1965, as amended, upon whichever of the following is
first to occur:
(1) Notification by the Attorney General of the
United States that he does not intend to object to the plan;
(2) Expiration of the time period during which the
Attorney General of the United States may object to the
plan, without such objection having been made;
(3) Withdrawal by the Attorney General of the
United States of all objections to the voting plan;
(4) Expiration of the time period during which an
appeal may be had of a declaratory judgment, of the United
States District Court for the District of Columbia, which
approved the voting plan, if no such appeal has been filed;
or
3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) United States Supreme Court affirmance of or
refusal to review a declaratory judgment, of the United
States District Court for the District of Columbia, which
approved the voting plan.
Section 3. For purposes of holding the referendum elec-
tion provided in Section 2 of this Act, 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
only if approved in such referendum election and then shall become
effective when the results of such election are certified to the Secre-
tary of State.
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 1981 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, so as
to provide for the election of the school superintendent of Gordon
County; to provide for terms, duties, vacancies, qualifications, and
compensation; to provide for a referendum; and for other purposes.
This 30th day of Dec. 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,
GEORGIA LAWS 1981 SESSION
3591
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: December 30,1980, January 6,13,1981.
/s/ Ernest Ralston
Representative,
7th District
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STEWART COUNTYCOMPENSATION OF DEPUTY
SHERIFF.
No. 241 (House Bill No. 441).
AN ACT
To amend an Act establishing an annual salary for the sheriff of
Stewart County, approved February 28, 1966 (Ga. Laws 1966, p.
2573), as amended, particularly by an Act approved March 23, 1977
(Ga. Laws 1977, p. 3888), so as to change the compensation of the
sheriffs deputy; to provide an effective date; to repeal conflicting
laws; and for other purposes.
3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing an annual salary for the sheriff of
Stewart County, approved February 28, 1966 (Ga. Laws 1966, p.
2573), as amended, particularly by an Act approved March 23, 1977
(Ga. Laws 1977, p. 3888), is hereby amended by striking the first two
sentences of Section 4, which read as follows:
The sheriff shall have the authority, upon approval of the
governing authority of the county, to appoint a deputy who shall be
compensated in the amount of $7,200.00 per annum for the period
beginning on the effective date of this Act and extending to December
31, 1977, and in the amount of $8,400.00 per annum for the period
beginning January 1,1978, and extending thereafter. Such compen-
sation shall be increased on January 1,1981, and on such date in each
fourth year thereafter, by an amount equal to 5% of the deputys
compensation on the day immediately preceding the day of any such
increase; provided, that the said compensation shall not exceed an
amount of $9,100.00 per annum.,
and inserting in lieu thereof the following:
The sheriff shall have the authority, upon approval of the
governing authority of the county, to appoint a deputy who shall be
compensated in the amount of $9,600.00 per annum.,
so that when so amended, said Section 4 shall read as follows:
Section 4. The sheriff shall have the authority, upon approval of
the governing authority of the county, to appoint a deputy who shall
be compensated in the amount of $9,600.00 per annum. The deputys
compensation shall be payable in equal monthly installments from
the funds of Stewart County. The sheriff shall also have the authority
to appoint extra deputies or other personnel as he shall deem neces-
sary to efficiently and effectively discharge the official duties of his
office. However, the governing authority of said county shall approve
such deputies or other personnel and shall fix their compensation. It
shall be within the sole power and authority of the sheriff, during his
term of office, to designate and name the person or persons who shall
be employed as such deputy, extra deputies, or other personnel and to
prescribe their duties and assignments and to remove or replace any
of such employees at will and within his sole discretion.
GEORGIA LAWS 1981 SESSION
3593
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act abolishing the method of compensating the Sheriff of Stewart
County, known as the fee System, and providing in lieu thereof, an
annual salary, approved Feb. 28, 1966 (Georgia L. 1966, p 2573) as
amended, so as to change the compensation of the Sheriffs Deputy; to
provide an effective date and for other purposes.
This 31st day of December, 1980.
Don Castleberry
Representative,
111th District
Stewart County
Commissioners
Stewart County
Lumpkin, Ga.
State of Georgia
County of Sumter
in the Probate Court
of said State and County:
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Don Castleberry who, on oath,
deposes and says that he/she is Representative from the 111th
3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Stewart-Webster Journal
which is the official organ of Stewart County, on the following dates:
January 8,15,22,1981.
/s/ Don Castleberry
Representative,
111th District
Sworn to and subscribed before me,
this 23rd day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF DOUGLASAD VALOREM TAXATION.
No. 242 (House Bill No. 447).
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, so
as to change the provisions relating to the levy and collection of ad
valorem taxes; to repeal a specific Act; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
3595
Section 1. An Act creating the charter for the City of Douglas,
approved December 20,1899 (Ga. Laws 1899, p. 177), as amended, is
hereby amended by striking Section 13A in its entirety and inserting
in lieu thereof a new Section 13A to read as follows:
Section 13A. For the purpose of raising revenue for the support
and maintenance of said government, the mayor and commission
shall have full power and authority and they shall provide by ordi-
nance for levy and collection of an ad valorem tax on all real and
personal property within the corporate limits of said city not exceed-
ing one and one-half per centum upon the value of said property.
Section 2. An Act entitled An Act to amend the Act approved
December 20,1899, creating a new charter and municipal government
for the City of Douglas, and the several Acts amendatory thereof, so
as to provide: That the City of Douglas shall not levy or collect for its
ordinary current expenses an ad valorem tax upon the property
within its corporate limits exceeding one-half of one per centum upon
the value of said property; to define the term ordinary current
expenses; to vest said city with the authority to levy and collect
annually an ad valorem tax not to exceed one-tenth of one per centum
upon the value of said property to encourage, promote and expand
industrial businesses or enterprises within its corporate limits; to
repeal conflicting laws; and for other purposes., approved March 13,
1957 (Ga. Laws 1957, p. 3238), is hereby repealed in its entirety.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act Creating the Charter for the City of Douglas approved December
20, 1899, (Ga. L. 1899, P. 177), as amended, particularly by an Act
approved March 1,1957, (Ga. L. 1957, p. 3238), as amended by an Act
approved April 18, 1969 (Ga. L. 1969, p. 3090), so as to provide for
audits under General Law; to provide for a limit on Ad Valorem Tax;
to repeal conflicting laws.
3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 14th day of January, 1981.
James C. Moore
Representative,
152nd District, Post 1
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 Intro-
duce Local Legislation was published in the Douglas Enterprise
which is the official organ of Coffee County, on the following dates:
January 15, 22,29,1981.
/s/ James C. Moore
Representative,
152nd District
Sworn to and subscribed before me,
this 27th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3597
CITY OF BROXTONNEW CHARTER.
No. 243 (House Bill No. 448).
AN ACT
To provide a new charter for the City of Broxton, Georgia, in the
County of Coffee; to provide for incorporation, powers, and bound-
aries of said city; to provide for the legislative, executive, and judicial
branches of the city government; to provide for administration, to
provide for elections, vacancies, and removal; to provide for financial
and fiscal matters of the city; to provide for boards and commissions;
to provide general provisions; to provide for penalties; to provide for
all matters relative to the foregoing; to provide for severability; 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. The Charter of the City of Broxton shall read as
follows:
CITY OF BROXTON CHARTER
ARTICLE I
INCORPORATION, POWERS BOUNDARIES
Section 1.1. Incorporation; Name, Corporate Powers.
The City of Broxton, Georgia, in the County of Coffee, and the
inhabitants thereof shall continue to be a body politic and corporate
under the name of the City of Broxton (hereinafter at all times
referred to as the City). The City shall be the legal continuation and
successor to the City as heretofore incorporated and shall continue to
be vested with all of the property and rights of property which now
belong to the City; 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 any of
such property; and may have a common seal and alter and review 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.
3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.2. Corporate Boundaries, (a) The boundaries of
the City shall be those existing on the effective date of the adoption of
this Charter more particularly described as follows: Commencing at
the well in the front yard of the residence of Jesse Lott, Esquire, said
residence presently owned and occupied by Charlie Stalnaker, as the
center of a circle and extending a distance of one mile in every
direction from said center, thus creating a circle two miles in dia-
meter. Alterations in the boundaries of the City may be made from
time to time in the manner provided by law. The boundaries of the
City at all times shall be shown on a map to be retained permanently
in the office of the City Clerk and to be designated Official Map of
the Corporate Limits of the City of Broxton, Georgia. Photographic,
typed, or other copies of such map or description certified by the City
Clerk shall be admitted as evidence in all courts and shall have the
same force and effect as with the original map or description.
(b) The Mayor and Council may provide for the redrawing of
any such map by ordinance to reflect lawful changes in the corporate
boundaries. A redrawn map shall supersede for all purposes the
earlier map or maps which it is designated to replace.
Section 1.3. Powers and Construction, (a) The City shall
have all powers possible for a city to have under the present and any
future Constitution and statute 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. Specified Powers. The corporate powers of this
City shall include, but are not limited to, the following:
(1) Property Taxes-to levy and to provide for the assess-
ment, valuation, revaluation, and collection of taxes on all prop-
erty 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 pro-
vide for the collection of license fees and taxes on privileges,
GEORGIA LAWS 1981 SESSION
3599
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 appropria-
tions for the support of the government of the City, to authorize
the expenditures of money for any purposes authorized by this
Charter, and for any purpose for which a municipality is autho-
rized 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 author-
ity, under Section 36-202 of the Code of Georgia, 1933, or under
other applicable Public Acts as have been or may be enacted;
(9) Municipal Utilities-to acquire, lease, construct, operate,
maintain, sell and dispose of public utilities, including, but not
limited to, a system of waterworks, sewers and drains, sewage
disposal, gas works, electric light plants, transportation facilities,
public airports, and any other public utility; 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;
3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) Public Utilities and Services-to grant franchises or make
contracts for public utilities and public service;
(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 charita-
ble, cultural, educational, recreational, conservation, sport, cur-
ative, 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, 1933,
or other applicable Public Acts, as are or may be enacted;
(13) Sidewalk Maintenance-to require real estate owners to
repair and maintain in a safe condition the sidewalks adjoining
their lots or lands, and to enact ordinances establishing the terms
and conditions under which such repairs and maintenance shall be
effected, including the penalties to be imposed for failure to do so;
(14) Building Regulation-to regulate the erection and con-
struction of buildings and all other structures; to adopt building,
housing, plumbing, electrical, gas and heating and air-condition-
ing 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 Mayor and Council deems necessary and
reasonable to insure a safe, healthy, and aesthetically pleasing
community;
GEORGIA LAWS 1981 SESSION
3601
(16) Public Peace-to provide for the prevention and punish-
ment of drunkenness, riots, and public disturbances;
(17) Special Areas of Public Regulation-to regulate or pro-
hibit junk dealers; pawn shops; the manufacture, sale or trans-
portation of intoxicating liquors; the use and sale of firearms; to
regulate the transportation, storage and use of combustible explo-
sive 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 perfor-
mances, exhibitions, shows of any kind whatever, by taxation or
otherwise; to license, tax, regulate, or prohibit professional for-
tunetelling 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 punish-
ment for violation of such ordinances;
(19) Health and Sanitation-to prescribe standards of health
and sanitation and to provide for the enforcement of such stan-
dards;
(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 firefighting, and to
prescribe penalties and punishment for violation thereof;
(22) Public Hazards, Removal-to provide for the destruction
and removal of any building or other structure which is or may
become dangerous or detrimental to the public;
3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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;
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, main-
taining 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 abate-
ment whether on public or private property;
(27) Municipal Property Protection-to provide for the pres-
ervation 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 sen-
tences in the Citys 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;
GEORGIA LAWS 1981 SESSION
3603
(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 destruction, when not redeemed as provided by ordi-
nance; to provide punishment for violation of 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 insur-
ance on such vehicles in the amounts to be prescribed by ordi-
nance; 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 collec-
tion 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 Delegations 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 ordi-
nance 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 firefighting agency;
3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 emer-
gency for the protection, safety, health or well being of the citizens
of the City;
(39) Urban Redevelopment-to organize and operate an urban
redevelopment program;
(40) Public Transportation-to organize and operate such
public transportation systems as are deemed beneficial;
(41) General Health, Safety, and Welfare-to define, regulate
and prohibit any act, practice, conduct or use of property 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 works and
phrases granting powers, but shall be held to be in addition to such
powers unless expressly prohibited to municipalities under the
Constitution or applicable laws of the State of Georgia.
Section 1.5. 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 execu-
tion as provided by ordinance or as provided by pertinent laws of the
State of Georgia.
GEORGIA LAWS 1981 SESSION
3605
ARTICLE II
MAYOR AND COUNCIL
Section 2.1. Mayor and Council; Composition; Number;
Election. The legislative authority of the government of the City,
except as otherwise specifically provided in this Charter, shall be
vested in a Mayor and a City Council composed of four (4) Council
members. The Mayor and Council members shall be elected in the
manner provided in Article III of this Charter.
Section 2.2. Mayor and Council; Terms and Qualifica-
tions For Office. Except as otherwise provided herein, the Mayor
and members of the City Council shall serve terms of two (2) years
and until their respective successors are elected and qualified.
(b) To be eligible for election as Mayor or Council member, a
person must be a registered and qualified voter of the City at the time
of qualifying for office, and must continue to reside therein during the
term of the office. To be eligible for election as a Council member, a
person must be a resident of the City at the time of qualifying for
office, and must continue to reside therein during the term of office.
A person must be 25 years of age at the time of qualifying for Mayor
and 21 years of age at the time of qualifying for Council member.
(c) In order to qualify for the office, the person elected or
appointed shall take and subscribe the following oath:
I do solemnly swear that I will well and truly perform the duties of
Mayor (or Council member, as the case may be) of the City of
Broxton, to the best of my skill and ability, and as to me shall seem to
be for the best interest and welfare of the City, without fear, favor or
affection, so help me God.
Section 2.3. Compensation. The Mayor and Council under
this Charter shall receive as compensation the same amount received
by the Mayor and Council on the date immediately preceding the
effective date of this Act. All changes in such amount of compensa-
tion shall be made by ordinance and pursuant to the Municipal Home
Rule Act of 1965, as now or hereafter amended. The Mayor and
Council shall establish by ordinance, a policy for reimbursement of
the actual and necessary expenses incurred by its members in the
performance of their official duties.
3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.4. Mayor; Powers and Duties. The Mayor shall
be the official head of the City government and chief representative of
the City and it shall be the Mayors duty:
(1) To preside at meetings of the Mayor and Council. The
Mayor shall have all the rights, powers, and duties and responsi-
bilities as a Council member except that the Mayor shall be
entitled to vote on matters before the Mayor and Council only in
the following instances:
(a) when there is an equal division on the question, and
then the mayor shall determine the matter by his vote;
(b) on the adoption of an emergency ordinance;
(c) in proceedings for the removal of a Council member;
and
(d) to veto ordinances as provided herein.
(2) As provided by law or by action of the Mayor and
Council, to sign contracts on behalf of the City;
(3) To keep informed about financial and other affairs of
the City, and from time to time to present information about the
affairs of the City and to recommend such measures as deemed
best for the City, including statements and reports to the citizens
concerning the affairs of the City;
(4) To serve as a member of boards, commissions and
committees required by law or by action or by action of the Mayor
and Council;
(5) To perform such other duties consistent with this Char-
ter and as may be required by the Council.
Section 2.5. Organizational Meetings; Oath, Election of
Mayor Pro Tempore. The Mayor and Council shall meet for
organization in the Council chamber on the date and at the time of
the first regular meeting in January following each regular municipal
election, or if that date is a legal holiday, on the next following day not
a legal holiday. At the organizational meeting, the Mayor, if newly
elected, and each newly elected Council member shall qualify by
GEORGIA LAWS 1981 SESSION
3607
taking the oath of office prescribed herein. The oath shall be
administered by a person authorized to administer oaths. The
organization of the Mayor and Council shall take place notwithstand-
ing the absence, death, refusal to serve, failure to qualify, or nonelec-
tion of one (1) or more members, but at least a quorum of the
members must be present.
Section 2.6. Mayor Pro Tempore; Duties. The Mayor Pro
Tempore shall exercise all of the powers and discharge all of the
duties of the Mayor during a vacancy in the office, absence or
disability of the Mayor for any cause, and until such vacancy has been
regularly filled or until the return of the Mayor or the removal of the
disability. In the event of the absence or disability of both the Mayor
and Mayor Pro Tempore for any cause, the chairman shall preside
over meetings and shall discharge the duties of Mayor until either the
return of or removal of the disability of the Mayor or Mayor Pro
Tempore.
Section 2.7. Quorum. The Mayor, or Mayor Pro Tempore, and
two (2) members of the Council shall constitute a quorum for the
transaction of business, but a less number may adjourn from time to
time to compel the attendance of absent members in such manner as
may be prescribed by ordinance.
Section 2.8. Meetings; Regular and Special. The Mayor
and Council shall fix a suitable time for its regular meetings and shall
meet at least once each month for the transaction of business. If in
the discretion of the Mayor, or Mayor Pro Tempore, it is deemed
necessary to have an extra meeting, the Mayor or Mayor Pro Tem-
pore, may call the Mayor and Council together immediately for the
purpose of a special meeting. The Mayor and Council may adjourn its
meetings to some definite time in the interim of regular monthly
meetings.
Section 2.9. 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 2.10. City Clerk, City Treasurer; Appointment,
Duties, (a) The Mayor and Council shall appoint a City Clerk and a
City Treasurer who shall take such oath as required by the Mayor and
Council. The City Clerk and City Treasurer may be the same person.
3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Three (3) affirmative votes of the Mayor and Council shall be
required for the appointment of the City Clerk and City Treasurer.
The City Clerk and the City Treasurer shall serve at the pleasure of
the Mayor and Council and may be removed at any time by a vote of
three (3) members of the Mayor and Council adopting a resolution to
that effect. Upon removal, the City Clerk and/or City Treasurer shall
be paid forthwith any accrued salary to the date of removal, plus two
weeks additional salary.
(b) The City Clerk shall be responsible for keeping minutes of
the proceedings of the Mayor and Council, shall be the custodian of
all records and documents pertaining to actions of the Mayor and
Council, and shall exercise those powers and perform those duties
required by law and by the Mayor and Council. The City Clerk shall
attest all formal contracts executed in behalf of the City.
(c) The City Treasurer shall exercise those powers and duties
required by law and by the Mayor and Council and shall provide
requested information to and otherwise assist the City Manager and
the Mayor and Council.
(d) In the event of the absence or disability of the City Clerk or
City Treasurer, or a vacancy in the office of either, the Mayor and
Council shall appoint an Acting City Clerk or City Treasurer to serve
until the return of the City Clerk or City Treasurer or the removal of
disability or until the vacancy in office shall have been regularly
filled. An Acting City Clerk or City Treasurer shall take the same
oath, exercise all of the powers, and discharge all of the duties of the
City Clerk or City Treasurer.
Section 2.11. City Attorney; City Judge; Appointment,
Compensation, Qualifications, Duties, (a) At its first regular
meeting in January of each year, the Mayor and Council, by majority
vote, shall appoint a City Attorney and a City Judge who shall take
such oath as required by the Mayor and Council. The City Attorney
and City Judge shall serve until the first meeting in January of the
following year, and until their successors shall have been appointed
and qualified, unless removed by a majority vote of the Mayor and
Council prior thereto.
(b) The City Attorney and City Judge shall receive such com-
pensation as the Mayor and Council shall determine.
GEORGIA LAWS 1981 SESSION
3609
(c) The City Attorney shall be an attorney at law who has been
licensed to engage in the practice of law in Georgia for a minimum of
two years at the time of appointment. No person may simultaneously
hold the offices of City Attorney and City Judge. The City Judge
shall be a qualified Justice of the Peace or other qualified Judge or a
licensed attorney for a minimum of two years.
(d) The City Attorney shall be the legal advisor to the City and
shall perform such duties as required by law and by the Mayor and
Council.
(e) The City Judge shall preside over the City Court and shall
perform such duties as required by law and by the Mayor and
Council.
Section 2.12. Prohibitions, (a) Except where authorized by
law, neither the Mayor nor any Council member shall hold any other
elective or compensated appointive office in the City or otherwise be
employed by said government or any agency thereof during the term
for which he was elected. No former Mayor and no former Council
Member shall hold any compensated appointive office in the City
until one year after the expiration of tbe 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 2.13. 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
Mayor and Council of the City of Broxton hereby ordain 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 Mayor and Council.
Ordinances shall be considered and adopted or rejected in accordance
with the rules which it shall establish; provided, however, an ordi-
nance shall not be adopted the same day it is introduced, except for
emergencies as provided herein. Upon introduction of any ordinance,
the Clerk shall, as soon as possible, distribute a copy to the Mayor and
to each Council member and shall file a reasonable number of copies
in the office of the Clerk and at such other public places as the Mayor
220
3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and Council may designate. Proposed amendments to a proposed
ordinance may be offered and voted on at the same meeting; pro-
vided, however, that any such proposed amendment is introduced in
writing and pertains only to the subject matter of the proposed
ordinance sought to be amended.
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, all acts of the Mayor and
Council which have the force and effect of law shall be done by
ordinance.
Section 2.15. Emergencies. On call of the Mayor or Mayor
Pro Tempore or any two (2) Council members, the Mayor and Council
may convene and promptly adopt an emergency ordinance to meet a
public emergency affecting life, health, property or public peace, but
such ordinance may not levy taxes, grant, renew or extend a franchise,
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) members of the Mayor and Council shall be required for
adoption. The Mayor is specifically authorized to vote on emergency
ordinances as provided in Section 2.4 of this Charter. An emergency
ordinance shall become effective upon adoption or at such later time
as it may specify. Every emergency ordinance shall automatically
stand repealed forty-five (45) 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 2.16. Votes Required to Adopt Ordinances;
Effective Date. A majority vote of the Mayor and Council shall be
required to adopt any ordinance except an emergency ordinance. All
ordinances, except emergency ordinances, adopted by the Mayor and
Council shall become effective at 12:00 OClock noon on the fifth
(5th) day after adoption, unless a later effective date is provided in
the ordinance, or unless vetoed by the Mayor.
GEORGIA LAWS 1981 SESSION
3611
Section 2.17. Veto of Ordinances. The Mayor may veto any
ordinance by filing written notice thereof and the reasons therefor,
with the City Clerk within four (4) calendar days after its adoption.
An ordinance vetoed by the Mayor shall not become effective unless
adopted by an affirmative vote of three (3) Council members at the
next regular meeting of the Mayor and Council after the filing of the
veto with the City Clerk. An ordinance adopted after veto, as
provided herein, shall become effective upon adoption.
ARTICLE III
ELECTION, REMOVAL AND VACANCY IN OFFICE
Section 3.1. Mayor; Election, Voting. The entire electorate
of the City shall be entitled to vote in elections for Mayor. Such
elections shall be conducted on a plurality vote basis with the
candidate for Mayor receiving the highest total number of votes cast
being elected.
Section 3.2. Council Members; Election, Voting. The
entire electorate of the City shall be entitled to vote in elections for
the four (4) Council members. Such elections shall be conducted on a
plurality vote basis with the four (4) candidates receiving the highest
total number of votes cast being elected. There shall be no full slate
requirement. Each registered voter shall be allowed to cast four votes
for four different candidates; no voter shall be required to cast all four
votes. The Candidate for Council Member receiving the highest total
number of votes cast in the election, shall automatically become
Mayor Pro Tempore without any further action being necessary by
the governing body of the City of Broxton, and shall serve as Mayor
Pro Tempore and perform those duties and exercise the powers
specifically set forth in Article II, Section 2.6 of this Charter, until he
or she resigns, is removed from office, dies, or no longer meets the
qualification of office. In the event the Mayor Pro Tempore should
resign, die, is removed from office or no longer meets the qualification
of office, the candidate for council member receiving next to the
highest number of votes in the election, shall automatically become
Mayor Pro Tempore and serve in that capacity for the remaining
term of office, and exercise those powers and duties specifically set
forth in Article II, Section 2.6 of this Charter.
Section 3.3. Time of Elections. The Mayor and the four (4)
Council members which persons are serving on the date immediately
3612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
preceding the effective date of this Act, shall serve until the first day
of January, 1983, and until their successors are elected and qualified.
On the first Tuesday in December, 1982, 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. Those persons elected to
such offices shall serve for terms of two years and until their succes-
sors 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.
Section 3.4. Polling Place or Places. All elections for Mayor
and Council members, and all other elections, shall be held at a
polling place or polling places designated by the Mayor and Council.
Section 3.5. Applicability of General Laws. Except as
otherwise provided by this Charter, all primaries and elections shall
be conducted in accordance with provisions of the Act of the General
Assembly entitled the Georgia Municipal Election Code, Georgia
Code Annotated Section 34A-101, et seq. (Ga. Laws 1968, p. 885;
effective April 4,1968) as now or hereafter amended.
Section 3.6. Candidates to Specify Office Sought. Every
person who offers for election as Mayor or Council member of the City
shall designate with the proper authority the specific office of Mayor
or Council member for which he or she offers by designating the office
of Mayor or Council member.
Section 3.7. Special Elections. The Mayor and Council shall
have power to call special elections as provided by law. All special
elections shall be conducted in accordance with the applicable provi-
sions of the Georgia Municipal Election Code.
Section 3.8. Occurrence of Vacancies. A vacancy in 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, is removed, or no longer meets the qualifications
of office.
Section 3.9. Filling of Vacancies. In the event the office of
Mayor or of a Council member shall become vacant for any cause
whatsoever, the remaining members of the Mayor and Council shall,
within 10 days after the occurrence of such vacancy, call a special
election as provided by law to fill the balance of the unexpired term of
GEORGIA LAWS 1981 SESSION
3613
office; provided, however, if a regular election for the vacant office is
to be held within six (6) months after such vacancy occurs, the
remaining members of Mayor and Council shall, by majority vote,
appoint a qualified person to the remainder of the unexpired term.
Section 3.10. Other Provisions. Except as otherwise pro-
vided by this Charter, the Mayor and Council, by ordinance, may
prescribe such rules and regulations, including qualifying fees, as
deemed appropriate to exercise any options or perform any duties
under the Georgia Municipal Election Code, Georgia Code Annotated
Section 34A-101, et seq. (Ga. Laws 1968, p. 885), as now or hereafter
amended.
Section 3.11 through Section 3.20. RESERVED.
Section 3.21. Removal of Elected Officials, (a) The Mayor
or a Council member may be removed from office for any one or more
of the following causes:
(1) incompetence, misfeasance or malfeasance in office;
(2) conviction of a crime involving moral turpitude;
(3) failure at any time to possess any of the qualifications of
office as provided by this Charter or by law;
(4) knowingly violating any express prohibition of this
Charter;
(5) abandonment of office or neglect to perform the duties
thereof; or
(6) failure for any other cause to perform the duties of office
as required by this Charter or by law.
(b) Removal of the Mayor or a Council member shall be accom-
plished, after an investigative hearing, by a vote of three (3) of the
remaining members of Mayor and Council with the Mayor specifi-
cally authorized to vote in proceedings for the removal of a Council
member as provided in Section 2.4 of this Charter. In the event the
Mayor or a Council member is sought to be removed, the person so
sought to be removed shall be entitled to a written notice specifying
the ground or grounds therefor and to a public hearing which shall be
3614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
held not less than ten (10) days after the service of such written
notice. Any person removed from office as herein provided shall have
the right of appeal to the Superior Court of Coffee County, Georgia, in
accordance with the provisions governing appeals to the Superior
Court from the Probate Court.
ARTICLE IV
ORGANIZATION AND ADMINISTRATION
Section 4.1. City Departments and Agencies. Except as
provided by this Charter, the departments and agencies of the City
shall be created and established by ordinance, and the departments
shall be responsible for the performance of the functions and services
enumerated therein and as prescribed by administrative regulations
of the City Manager consistent therewith.
Section 4.2. Administrative Reorganization. The Mayor
and Council may by ordinance organize, combine, consolidate, or
discontinue such departments, agencies, or divisions of the City
government as it may from time to time deem desirable.
Section 4.3. Existing Departments and Agencies Contin-
ued. All departments and agencies of the City existing on the date
immediately preceding the effective date of this Act are hereby
continued in existence until reorganized, consolidated, or discon-
tinued by ordinance.
Section 4.4 through Section 4.10. RESERVED.
Section 4.11. City Manager; Appointment, Qualifica-
tions, Term, Compensation. The Mayor and Council shall
appoint a City Manager, if they so desire but an appointment is not
mandatory, who shall be the administrative head of the City govern-
ment, and shall be responsible for the administration of all depart-
ments. Three (3) affirmative votes of the Mayor and Council shall be
required for the appointment of the City Manager. The City Man-
ager shall be appointed with regard to merit only and must be a
resident of the City when appointed. The City Manager shall hold
office during the pleasure of the Mayor and Council, and shall receive
such compensation as the Mayor and Council shall determine. The
City Manager may reside outside the City while in office only with the
approval of the Mayor and Council. In the event the Mayor and
Council exercise their option not to appoint a City Manager, the
GEORGIA LAWS 1981 SESSION
3615
Mayor shall be the administrative head of the City government, and
fulfill the responsibilities as hereinafter enumerated without receiv-
ing any additional compensation, other than his salary as the Mayor.
Section 4.12. RESERVED.
Section 4.13. Mayor and Council Not to Interfere with
Administration. Except for the purpose of inquiry and invest-
igation, the Mayor and Council shall deal with city employees who are
subject to appointment and removal by the City Manager solely
through the City Manager and shall not give orders or directions to
any such employee, either publicly or privately, directly or indirectly.
Section 4.14. City Manager; Suspension and Removal.
The Mayor and Council may remove the City Manager from office in
accordance with the following procedure:
(a) Three (3) affirmative votes of the Mayor and Council shall be
required to adopt a preliminary resolution setting forth reasons for
the removal of the City Manager.
(b) The resolution may also provide for the suspension of the
City Manager for a period not to exceed forty-five (45) days.
(c) A certified copy of the resolution shall promptly be served on
the City Manager.
(d) A public hearing shall be held if a written request therefor is
filed by the City Manager with the City Clerk not later than five (5)
days after service upon him or her of a certified copy of the prelimi-
nary resolution.
(e) The public hearing, if requested, shall be held at a regularly
scheduled council meeting not less than fifteen (15) nor later than
forty-five (45) days after the request is filed. The City Manager may
file with the City Clerk a response to the preliminary removal
resolution not later than three (3) days prior to the public hearing.
(f) Three (3) affirmative votes of the Mayor and Council shall be
required to adopt a final resolution of removal which may be made
effective immediately. Such final resolution of removal may be made
at any time after five (5) days from the date when a certified copy of
the preliminary resolution was served on the City Manager if no
3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
public hearing has been requested in writing, or at any time after the
public hearing if a request therefor has been properly and timely
filed.
(g) The City Manager shall be entitled to receive his salary up
until the effective date of a final resolution of removal.
(h) The action of the Mayor and Council in suspending or
removing a City Manager shall not be subject to review by any court
or agency except for the determination of constitutional questions.
Section 4.15. Acting City Manager, (a) In the event of the
absence or disability of the City Manager or a vacancy in the office,
the Mayor and Council shall appoint an Acting City Manager to serve
until the return of the City Manager or the removal of disability or
until the vacancy in office shall have been regularly filled.
(b) An Acting City Manager shall take the same oath, exercise all
of the powers, and discharge all of the duties of the City Manager.
ARTICLE V
RECORDERS COURT
Section 5.1. Creation; Name. There shall be a court to be
known as the Recorders Court of the City of Broxton, Georgia.
Section 5.2. Jurisdiction; Powers, (a) The Recorders Court
shall try and punish violations of all City ordinances.
(b) The Recorders Court shall have authority to punish those in
its presence for contempt, provided that such punishment shall not
exceed $100.00 or ten (10) days in jail, or both.
(c) The Recorders Court may fix punishment for offenses within
its jurisdiction not exceeding a fine of $500.00 or imprisonment for
sixty (60) 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.
(d) The Recorders Court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
reimbursement for the cost of meals, transportation and caretaking of
prisoners bound over to superior courts for violations of State law.
GEORGIA LAWS 1981 SESSION
3617
(e) The Recorders 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 security for the appearance
of persons charged with violations. Whenever any person shall give
bail for appearance and shall fail to appear at the time fixed for trial,
the bond shall be forfeited by the City Judge, and an execution issued
thereon by serving the defendant and his sureties with a rule nisi, at
least three (3) 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 such defendant fails to appear
at the time and place fixed for trial, the cash so deposited shall be, on
order of the judge, declared forfeited to the City, or the property so
deposited shall have a lien against it for the value forfeited, which lien
shall be enforceable in the same manner and to the same extent as a
lien for City property taxes.
(f) The Recorders Court 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.
(g) The Recorders Court shall have the same authority as supe-
rior courts to compel the production of evidence in the possession of
any party; to enforce obedience to its orders, judgments and sen-
tences; and to administer such oaths as are necessary.
(h) The Recorders Court may compel the presence of all parties
necessary to a proper disposition of each case by the issuance of
summons, subpoenas and warrants which may be served by any
officer as authorized by this Charter or by general State law.
(i) The Recorders Court is specifically vested with all of the
jurisdiction and powers throughout the entire area of this City
granted by general State laws to Mayors, recorders and police courts,
and particularly by such laws as authorize the abatement of nuisances
and prosecution of traffic violations.
Section 5.3. Appeal. The right of appeal and any bond as may
be required to secure the costs on appeal to the Superior Court of
Coffee County from the Recorders Court shall lie in the same manner
and under the same procedure as generally prescribed for appeals and
appeal bonds from the probate court. An appeal to the superior court
shall be a de novo proceeding.
3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.4. Absence or Disability of City Judge;
Vacancy in Office. In the event of the absence or disability of the
City Judge or a vacancy in the office, the Mayor and Council may
appoint an Acting City Judge to exercise all of the powers and
discharge all of the duties of the City Judge until the return of the
City Judge or the removal of disability or until the vacancy in office
has been regularly filled.
ARTICLE VI
FINANCE AND FISCAL
Section 6.1. Property Tax. The Mayor and 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 Mayor and Council in its discretion.
Section 6.2. Millage Rate; Due Dates, Payment Methods.
The Mayor and 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 Mayor
and Council, by ordinance, shall have the power to levy such occupa-
tion or business taxes as are not denied by general State law. Such
taxes may be levied on both individuals and corporations who trans-
act 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
Mayor and 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. Licenses; Permits; Fees. The Mayor and
Council by ordinance shall have the power to require any individuals
or corporations who transact business in this City or who practice or
GEORGIA LAWS 1981 SESSION
3619
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. The
Mayor and City Council by ordinance may establish reasonable
requirements for obtaining or keeping such licenses as the public
health, safety, and welfare necessitates.
Section 6.15. Franchises. The Mayor and Council shall have
the power to grant franchises for the use of this Citys streets and
alleys, for the purpose of railroads, street railways, telephone compa-
nies, electric companies, cable television, gas companies, trans-
portation companies and other similar organizations. The Mayor and
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 thirty-five (35) years, and no franchise shall be
granted unless the City receives just and adequate compensation
therefor. The Mayor and City Council shall provide for the registra-
tion of all franchises with the City Clerk in a registration book. The
Mayor and City Council may provide by ordinance for the registra-
tion within a reasonable time of all franchises previously granted.
Section 6.6. Service Charges, (a) The Mayor and Council
shall have the right, power, and authority, by ordinance, to assess and
collect fees, charges, and tolls for sewer services rendered both within
and without the corporate limits of the City and to provide for the
cost and expense of providing for the collection and disposal of sewage
through the sewerage facilities of the City. If unpaid, the 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 City property taxes and shall be enforceable as provided in
Section 6.9.
(b) The Mayor and City Council shall have authority by ordi-
nance to provide for, to enforce, to levy and to collect the cost of
sanitary and health services, including the power to fix, assess, and
collect a garbage, refuse, and trash collection and disposal and other
sanitary 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 in the City benefiting from such service.
3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 services provided, as may be fixed by ordi-
nance. The sanitary taxes and the assessments thereto shall be a
charge and lien against the real estate in respect to which the 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 as provided in Section 6.9.
Section 6.7. Special Assessments. The Mayor and Council
shall have the power, by ordinance, 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 Mayor and
Council 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 Mayor and 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. fa; 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 provid-
ing for the assignment or transfer of tax executions.
Section 6.10. 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
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.
GEORGIA LAWS 1981 SESSION
3621
Section 6.11. Revenue Bonds. Revenue bonds may be issued
by the Mayor and Council as provided by an Act of the General
Assembly of Georgia, approved March 31,1937, known as the Reve-
nue Bond Law (Ga. Laws 1937, p. 71), as now or hereafter amended, or
by any other Georgia law as now or hereafter provided.
Section 6.12. Short-term Notes. Pursuant to applicable
State law, the City may obtain temporary loans between January 1
and December 31 of each year.
Section 6.13. Fiscal Year. The fiscal year of the City shall be
as fixed by ordinance of the Mayor and Council. The fiscal year shall
constitute the budget year and the year for financial accounting,
planning and reporting of each department, office, agency, or activity
of the City.
Section 6.14. Budget Preparation and Adoption. The
Mayor and Council shall provide by ordinance for the adoption of an
annual operating budget, a capital improvement program and a
capital budget which shall apply to all departments and agencies of
the City. The ordinance shall prescribe the procedures and require-
ments for the preparation, adoption, and execution of the annual
operating and capital budgets; provided, however, such budgets shall
be prepared and submitted by the City Manager to the Mayor and
Council for its consideration prior to the commencement of the
ensuing fiscal year.
Section 6.15 through Section 6.20. RESERVED.
Section 6.21. External Audit, (a) The Mayor and Council
shall provide annually for an independent audit of the accounts and
other evidences of financial transactions of the government of the
City of Broxton and of its every office, department, board, authority,
commission, or other agency. The audit shall be made by an accoun-
tant or an accounting firm, the members of which have no personal
interest, direct or indirect, in the fiscal affairs of the City or of any of
its departments, offices, boards, commissions or agencies. The desig-
nated accountant shall be a certified public accountant, or, if an
accounting firm is employed, the members thereof shall be so certi-
fied and thoroughly qualified by training and experience in govern-
mental accounting to perform the audit.
3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The audit may be conducted on a quarterly or continuing
basis and the final report of the annual audit shall be completed as
soon as practicable after the close of the fiscal year, and in no event
later than six (6) months after the close of the fiscal year. The audit
report shall be available to the public.
(c) The Mayor and Council may at any time order an examina-
tion or special audit of any office, department, board, commission, or
other agency of the City.
ARTICLE VII
BOARDS AND COMMISSIONS
Section 7.1. Authority to Create. Except as prescribed by
general law or special Act of the General Assembly, the Mayor and
Council shall have authority to create commissions, councils, or
boards which shall perform duties prescribed by the Mayor and
Council, including, but not limited to, making studies, conducting
research and investigations, holding hearings, and preparing recom-
mendations as to needed ordinances and resolutions and for such
other purposes authorized by the Mayor and Council.
Section 7.2. Composition; Appointment, Bylaws, (a)
Except as otherwise provided by law, the Mayor and Council shall
have the authority to provide for the manner of appointment,
makeup and composition of such commissions, councils, or boards,
and 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 commis-
sions in the performance of their official duties. The Mayor and
Council shall have the authority to annually appropriate and donate
money derived from taxation, contributions, or otherwise for and to
such commissions, councils, and boards to provide for their operation,
either in whole or in part.
(b) Any vacancy in office of any member of a board or commis-
sion shall be filled for the unexpired term in the manner prescribed
for original appointment.
(c) Any member of a board or commission may be removed from
office for cause by a majority vote of the Mayor and Council.
GEORGIA LAWS 1981 SESSION
3623
(d) Each board and commission may establish such bylaws, rules
and regulations, not inconsistent with this Charter, ordinances of the
Mayor and Council, or applicable State law, as it deems appropriate
and necessary for the conduct of its affairs.
Section 7.3. Existing Boards and Commissions. All
boards and commissions existing on the date immediately preceding
the effective date of this Act are hereby continued in existence until
reorganized, combined, consolidated, or discontinued by ordinance.
ARTICLE VIII
GENERAL PROVISIONS
Section 8.1. Sale of City Property, (a) The Mayor and
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 (Ga. Laws 1976, p. 350).
(b) The Mayor and Council may quitclaim any rights it may
have to property not needed for public purposes upon report by the
City Manager and adoption of a resolution, both finding that the
property is not needed for public or other purposes and that the
interest of the City has no readily ascertainable monetary value.
(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 Mayor and Council may authorize the
Mayor and City Clerk to execute and deliver in the name of the City a
deed conveying said cutoff or separated parcel or tract of land to an
abutting or adjoining property owner or owners in exchange for
rights-of-way of said street, avenue, alley or public place or in
settlement of any alleged damages sustained by said abutting or
adjoining property owner. All deeds and conveyances heretofore and
hereafter so executed and delivered shall convey all title and interest
the City has in such property, notwithstanding the fact that no public
sale after advertisement was or is hereafter made.
Section 8.2. Eminent Domain. The Council is hereby empow-
ered to acquire, construct, operate and maintain public ways, parks,
public grounds, cemeteries, markets, market houses, public buildings,
libraries, sewers, drains, sewage treatment, water works, electrical
systems, gas systems, airports, hospitals, and charitable, educational,
3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
recreational, sport, curative, corrective, detentional, penal and medi-
cal institutions, agencies and facilities, and any other public improve-
ments 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 8.3. 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
Mayor and Council may from time to time require by ordinance or as
may be provided by State law.
Section 8.4. RESERVED.
Section 8.5. Ordinances and Regulations. Existing ordi-
nances and resolutions of the City and existing rules and regulations
of the City and its agencies not inconsistent with the provisions of this
Charter shall be effective ordinances and resolutions of the City or of
its agencies at which time this Act is approved by the General
Assembly of Georgia and signed into law by the Governor, until they
have been repealed, modified, or amended.
Section 8.6. Contracts and Obligations; Proceedings, (a)
All contracts, orders, leases, bonds and other obligations or instru-
ments 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 of Broxton.
(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 shall continue in effect according to the
terms thereof, as obligations and rights of the City.
(c) The existing 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.
Section 8.7. 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
GEORGIA LAWS 1981 SESSION
3625
fine of not more than $500.00 or by imprisonment not to exceed sixty
(60) days, or both such fine and imprisonment.
Section 8.8. Section Captions. The captions of the several
Sections of this Charter are informative only and are not to be
construed as a part thereof.
Section 8.9. 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 provisions of
application, and to this end the provisions of this Charter are declared
to be severable.
Section 2. This Act shall become effective upon the approval of
the Governor or upon its becoming law without his approval.
Section 3. An Act incorporating the City of Broxton, Georgia,
approved July 27,1904, (Ga. Laws 1904, pps. 368, et seq.); as amended
by acts approved August 21,1906, (Ga. Laws, 1906, pps. 555, et seq.);
as amended July 20, 1918, (Ga. Laws, 1918, pps. 756, et seq.) as
amended March 22,1935 (Ga. Laws, 1935, pps. 969-971) together with
all other amendments to said act, are hereby repealed in their
entirety.
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
1981 Session of the General Assembly of Georgia, a bill to provide a
new charter for the City of Broxton, Georgia; to provide for all
matters relative thereto; and for other purposes.
This 11th day of December, 1980.
James C. Moore
Representative,
152nd District, Post 1
3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
County of Coffee.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James C. Moore, who, on oath
deposes and says that he is Representative from the 152nd District,
Post 1, and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Douglas Enterprise which is
the official legal organ of Coffee County, Georgia, on the following
dates: December 11,1980, December 18,1980 and December 24,1980.
/s/ James C. Moore
Representative,
152nd District, Post 1
Sworn to and subscribed before me,
this 27th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
COFFEE COUNTYSCHOOL SUPERINTENDENT,
REFERENDUM.
No. 244 (House Bill No. 449).
AN ACT
To provide for the election of the school superintendent of Coffee
County; to provide for terms of office; to provide for compensation; to
GEORGIA LAWS 1981 SESSION
3627
repeal a specific section of law; to provide for a referendum; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The school superintendent of Coffee County shall
be elected at the 1982 general election by the voters of the county for a
term of four years and until his successor is elected and qualified. The
person so elected shall take office on January 1, 1983. The person
elected shall receive a majority of the votes cast for such office.
Thereafter, successors to such office shall be elected at the general
election immediately preceding the expiration of the respective terms
of office for terms of four years and until their successors are duly
elected and qualified.
(b) In the event a vacancy occurs in the office of county school
superintendent prior to December 31, 1982, the board of education
shall appoint a successor to serve in such office through December 31,
1982.
(c) Beginning January 1,1983, vacancies in the office of county
school superintendent shall be filled according to general law.
Section 2. The county school superintendent shall receive such
compensation not in conflict with general law as the board shall
provide by a majority vote of its members. The compensation of the
superintendent shall be fixed by the board, and the amount of such
compensation shall be duly recorded in the minutes of the board. The
county school superintendent shall be subject to all provisions of law
relative to county school superintendents except those provisions of
law which are in conflict with the provisions of this Act.
Section 3. An Act creating a new board of education of Coffee
County, approved March 10, 1970 (Ga. Laws 1970, p. 2441), as
amended, is hereby amended by striking and repealing in its entirety
Section 6 which reads as follows:
Section 6. (a) The board of education created herein shall
appoint, by a majority vote of its members, the county school superin-
3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tendent who shall serve at the pleasure of the board. The first
superintendent appointed by said board shall be appointed at the
first meeting of the board held in 1971. Such superintendent shall
take office immediately after his appointment. The county school
superintendent holding office on the effective date of this Act shall
continue to serve the term of office for which he was elected and until
his successor is appointed by the board as provided herein. In the
event a vacancy occurs in the office of county school superintendent
prior to the expiration of the present term of office, such vacancy shall
be filled as provided herein. No election for county school superin-
tendent by the people shall be held in 1972.
(b) The county school superintendent appointed by the board
shall receive such compensation as the board shall provide by a
majority vote of its members. The compensation of the superinten-
dent shall be fixed by the board, and the amount of such compensa-
tion shall be duly recorded in the minutes of the board. The county
school superintendent appointed by the board shall be subject to all
provisions of law relative to county school superintendents except
those provisions of law which are in conflict with the provisions of this
Act.
Section 4. It shall be the duty of the election superintendent of
Coffee County to call for an election for the purpose of submitting
this Act to the electors of the Coffee County School District for
approval or rejection. The superintendent shall set the date of such
election for Tuesday, June 2, 1981. 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 Coffee County. The ballot shall have written or
printed thereon the words:
[ ] YES - Shall the Act providing for the election
of the school superintendent of Cof-
fee County by the qualified electors
[ ] NO of the Coffee 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.
GEORGIA LAWS 1981 SESSION
3629
The expense of such election shall be borne by Coffee
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 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 1981 Session of the General Assembly of Georgia, a bill calling
for a referendum to choose the manner in which the Superintendent
of Coffee County Schools is selected, the terms of office, qualifica-
tions, salary and other purposes.
This the 11th day of December, 1980.
James C. Moore
Representative,
152nd District, Post 1
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 Intro-
duce Local Legislation was published in the Douglas Enterprise
which is the official organ of Coffee County, on the following dates:
December 11,18,25,1980.
/s/ James C. Moore
Representative,
152nd District
3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 27th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CHATTAHOOCHEE COUNTYCOMPENSATION OF
CLERK OF BOARD OF COUNTY COMMISSIONERS.
No. 245 (House Bill No. 452).
AN ACT
To amend an Act creating the Board of Commissioners of
Chattahoochee County, approved March 16,1937 (Ga. Laws 1937, p.
1283), as amended, particularly by an Act approved March 13, 1978
(Ga. Laws 1978, p. 3248), so as to remove certain restrictions upon the
amount of compensation which may be paid to the clerk of said
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
Chattahoochee County, approved March 16,1937 (Ga. Laws 1937, p.
1283), as amended, particularly by an Act approved March 13, 1978
(Ga. Laws 1978, p. 3248), is hereby amended by striking from Section
9 thereof the following:
, not to exceed the sum of three hundred ($300.00) dollars per
month,
GEORGIA LAWS 1981 SESSION
3631
so that when so amended said Section 9 shall read as follows:
Section 9. The Commissioners shall elect a clerk for said Board,
whose duty it shall be to keep, in a well-bound book, a complete
record of the acts and doings of said Board and said clerk shall
perform any other duties as the Board may require of him and shall
hold office at the will of said Board, and shall receive such compensa-
tion as the Board may fix. Before entering upon the discharge of his
duties, said clerk shall give bond in the amount of one thousand
($1,000.00) dollars subject to the approval of the Commissioners,
conditioned for the faithful performance of his duties as clerk,
payable to the Governor.
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 to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of Georgia a bill to change the
compensation of the Clerk for the Board of Commissioners of
Chattahoochee County; to repeal conflicting laws; and for other
purposes.
/s/ Julian Greer
Julian Greer, Chairman
Chattahoochee County
Board of Commissioners
Notary Seal.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Don Castleberry who, on oath,
deposes and says that he/she is Representative from the 111th
3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Columbus Enquirer
which is the official organ of Chattahoochee County, on the following
dates: January 16,23,30,1981.
/s/ Don Castleberry
Representative,
111th District
Sworn to and subscribed before me,
this 2nd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF STEPHENS COUNTYTERMS.
No. 246 (House Bill No. 461).
AN ACT
To amend an Act establishing the State Court of Stephens
County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as
amended, particularly by an Act approved March 17,1958, (Ga. Laws
1958, p. 2701), so as to change the quarterly 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:
GEORGIA LAWS 1981 SESSION
3633
Section 1. An Act establishing the State Court of Stephens
County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as
amended, particularly by an Act approved March 17,1958, (Ga. Laws
1958, p. 2701), is hereby amended by striking Section 4 in its entirety
and substituting in lieu thereof the following:
Section 4. Be it further enacted by the authority aforesaid, that
the terms of said State Court shall be monthly and quarterly, the
monthly terms for the trial and disposition of both criminal and civil
business in which trial by jury is not demanded, and the quarterly
terms for the trial and disposition of both civil and criminal business
requiring trial by jury. On and after May 25,1981, the quarterly terms
of said Court shall begin on the fourth Monday in May next after the
approval of this Act, and thereafter quarterly on the fourth Monday
in February, the fourth Monday in May, the fourth Monday in
August, and the third Monday in November of each year; the said
monthly terms shall be held as follows: on the fourth Mondays in
January, March, April, June, July, September, October, and the third
Monday in December of each year; provided, that the Judge of said
State Court may dispense with the holding of any one or more of said
monthly terms, when, in his opinion, the business before the Court
does not justify holding the same; and providing, further, that said
Court shall at all times be open for the purpose of receiving pleas of
guilty in criminal cases and passing sentence thereon. All terms of
said Court shall be held at the Courthouse in the City of Toccoa, in
the said County of Stephens, and shall last until the business is
disposed of, unless sooner adjourned for good cause. The Judge of
said Court may hold adjourned terms of the regular monthly and
quarterly terms of said State Court; and the Judge may also, in his
discretion, set cases for trial at convenient times, and the same may
then be tried as of the term, whether the Court has been held from
day to day until said time or not.
Section 2. This Act shall become effective May 25,1981.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice to Introduce Legislation.
Notice is hereby given that a bill will be introduced in the 1981
Session of the General Assembly of the State of Georgia to change the
November Term of the State Court of Stephens County from the
fourth Monday to the third Monday in November.
This 6th day of January, 1981.
Jack Irvin
State Representative,
10th District
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
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: January 8,15, and 22,1981.
/s/ Jack Irvin
Representative,
10 District
Sworn to and subscribed before me,
this 4th day of February, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3635
STATE COURT OF STEPHENS COUNTY-
COMPENSATION OF JUDGE AND SOLICITOR.
No. 247 (House Bill No. 462).
AN ACT
To amend an Act establishing the State Court of Stephens
County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as
amended, particularly by an Act approved March 13,1978, (Ga. Laws
1978, p. 3156), so as to change the compensation of the Judge and
Solicitor of said Court; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Stephens
County approved February 22, 1937, (Ga. Laws 1937, p. 1214), as
amended, particularly by an Act approved March 13,1978, (Ga. Laws
1978, p. 3156), is hereby amended by striking Section 10 in its entirety
and substituting in lieu thereof the following:
Section 10. Be it further enacted by the authority aforesaid, that
there shall be a Judge of said State Court, who shall be appointed and
commissioned by the Governor, by and with the consent and advice of
the Senate, who shall hold his office until December 31, 1940, and
until his successor shall qualify, and thereafter, except in the case of a
vacancy, the Judge of said State Court shall hold his office by virtue
of an election by the qualified voters of Stephens County, and shall
hold his office for a term of four years, beginning on the first day of
January, 1941. At the regular election of county officers of Stephens
County, in the year 1940, there shall be elected by the qualified voters
of said County of Stephens a Judge of said State Court who shall be
commissioned by the Governor and shall hold his office for a term of
four years from January 1,1941, and at each of the regular elections
held for the election of county officers, every four years thereafter, a
3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Judge of said Court shall be elected. Any vacancy in said office shall
be filled by the appointment by the Governor for the unexpired term.
The Judge of said State Court shall receive a salary of Twelve
Thousand ($12,000.00) Dollars per annum which shall be paid
monthly by the Clerk of the Board of Commissioners or other person
or persons who are now or may hereafter be charged by law with the
paying out of money of the County of Stephens, and shall be fur-
nished an office in the Courthouse as other county officers; and it
shall be the duty of the Commissioners of Roads and Revenue of said
County, or other proper officers, to make provision annually in
levying taxes for this purpose. The said Judge shall receive no other
compensation but shall not be disqualified to practice law in courts
other than his own.
Section 2. Said Act is further amended by striking Section 14 in
its entirety and substituting in lieu thereof the following:
Section 14. Be it further enacted by the authority aforesaid, that
there shall be a Solicitor of said State Court, appointed, commis-
sioned and confirmed in the same manner provided for the appoint-
ment and confirmation of the Judge of said Court, whose appointed
term of office shall be until the first day of January, 1941, and who
shall thereafter be elected and commissioned in the same manner, at
the same time and for the same terms as is hereinbefore provided for
the election of the Judge of said Court; and it shall be the duty of said
Solicitor to prosecute for all offenses cognizable before said Court.
The said Solicitor shall receive the same fees for each written accusa-
tion as are allowed for each indictment in the Superior Court, and his
fees for all other services rendered shall be the same as for a District
Attorney in the Superior Court; but all such fees shall be paid into the
County treasury by the said Solicitor as collected, and in lieu thereof
he shall receive the sum of Twelve Thousand ($12,000.00) Dollars per
annum, the same to be paid monthly out of the County treasury. The
said Solicitor shall receive no other fees or compensation for his
services, except that the Solicitor of said State Court shall for his
services in the Supreme Court and Court of Appeals be paid out of the
treasury of the State in the same manner as the District Attorney of
the Superior Court is paid for like services rendered in said Courts.
Section 3. This Act shall become effective on July 1,1981.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3637
Notice to Introduce Legislation.
Notice is hereby given that a bill will be introduced in the 1981
Session of the General Assembly of the State of Georgia to provide for
an increase in the salary of the Judge and the Solicitor of the State
Court of Stephens County.
This 6th day of January, 1981.
/s/ Jack Irvin
State Representative,
10th District
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
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: January 8,15, and 22,1981.
/s/ Jack Irvin
Representative,
10 District
Sworn to and subscribed before me,
this 4th day of February, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved April 6,1981.
3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FLOYD COUNTY MERIT SYSTEM ACT AMENDED.
No. 248 (House Bill No. 468).
AN ACT
To amend an Act known as the Floyd County Merit System Act,
approved April 9,1969 (Ga. Laws 1969, p. 2505), as amended, so as to
provide an additional exemption from coverage under the Merit
System; to abolish the present Floyd County Merit System Board and
create a new Board composed of five members; to provide for rights,
duties, and powers of the Board; to provide qualifications for mem-
bers of the Board; to designate membership positions; to provide for
appointment, election, and selection of Board members and the
procedures connected therewith; to provide for terms and vacancies;
to provide for removal of members and procedures connected there-
with; to provide for a chairman and a vice chairman; to provide for
compensation and allowances; to provide for meetings; to provide for
office space, equipment, and 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 known as the Floyd County Merit System
Act, approved April 9,1969 (Ga. Laws 1969, p. 2505), as amended, is
hereby amended by adding at the end of the listing of exceptions in
the first undesignated paragraph of Section 2 thereof the following:
(w) The Chief Deputy Clerk of the Judge of the Probate Court
of Floyd County.
Section 2. Said Act is further amended by striking in its entirety
Section 3 thereof and inserting in lieu thereof a new Section 3 to read
as follows:
GEORGIA LAWS 1981 SESSION
3639
Section 3. (a) The members of the Floyd County Merit System
Board serving immediately prior to the effective date of this Section
shall continue to serve their terms of office until all initial members of
the new Board created by subsection (b) of this Section shall have
taken office, at which time the Merit System Board on which these
three persons served shall be abolished.
(b) There is hereby created a new Floyd County Merit System
Board which shall consist of five members and which shall be the
successor to all the rights, duties, and powers of that Board abolished
pursuant to subsection (a) of this Section.
(c) No person shall be a member of the Board created in subsec-
tion (b) unless that person shall have been a resident of Floyd County
for at least two years prior to becoming a member of the Board and
unless that person remains a resident of Floyd County during such
service as a member of that Board. No person shall be a member of
that Board if such person was an elective county officer in Floyd
County at any time during the 12 month period immediately preced-
ing that persons becoming a Board member or if such person holds
any elective public office during such persons term of office as a
Board member. No person shall be a member of that Board if such
person was an employee subject to the provisions of this Act at any
time during the 12 month period immediately preceding that persons
becoming a Board member or if such person becomes an employee
subject to the provisions of this Act during such employees term of
office as a Board member.
(d) Each of the five members of the Board created by this
Section shall occupy a position, designated as Positions 1, 2, 3,4, and
5, on the Board as follows:
(1) Within 30 days after the effective date of this Section
the governing authority of Floyd County shall appoint one person
as a member of the Board for Position 1 and one person as a
member of the Board for Position 2. The person initially
appointed for Position 1 shall serve for a term of office ending
December 31,1981. The person initially appointed for Position 2
shall serve for a term of office ending December 31,1983.
(2) Within 30 days after the effective date of this Section
the employees subject to the provisions of this Act shall elect one
person as a member of the Board for Position 3 and one person as a
3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member of the Board for Position 4. The person initially elected
for Position 3 shall serve for a term of office ending December 31,
1982. The person initially elected for Position 4 shall serve for a
term of office ending December 31, 1984. All elections for mem-
bers for Positions 3 and 4 shall be by secret ballot, with the results
thereof certified by the Senior Superior Court Judge of the Rome
Judicial Circuit and entered upon the minutes of the governing
authority of Floyd County.
(3) A majority of the members in Positions 1, 2, 3, and 4
shall select a member of the Board for Position 5. If they are
unable to select a member within 30 days after the last of their
number takes office for the initial term specified in paragraphs (1)
or (2) of this subsection or, after the initial term of office, are
unable to select a member within 30 days after a vacancy occurs in
Position 5 or within 30 days before the end of term of office occurs
in Position 5, the grand jury of Floyd County serving at that time
shall appoint a member for Position 5. The member initially
selected for Position 5 shall serve for a term of office ending
December 31,1982.
(4) After the initial terms of office specified in paragraphs
(1) through (3) of this subsection, each member of the Board shall
serve for a term of office of three years. Within 30 days before the
expiration of a members term of office, a successor shall be
selected in the same manner in which the incumbent was selected
and shall take office on the first day of January immediately
following such selection. Vacancies shall be filled for the unex-
pired term within 30 days after the vacancy occurs and in the same
manner in which the office was originally filled. All members shall
serve until the end of their specified term of office and until a
successor is selected pursuant to this paragraph and takes office
for the following term of office.
(e) The Floyd County Merit System Board shall consist of five
members at all times. No member 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 calendar days prior to the date set for the hearing.
GEORGIA LAWS 1981 SESSION
3641
(f) The five members of the said Merit System Board shall
designate one of their number as chairman and another as vice
chairman.
(g) The members of the Merit System Board shall be paid $20.00
per diem for time actually devoted to the business of the Board. Said
members shall not be paid a per diem for more than 60 days in any
one calendar year.
(h) 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.
(i) 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.
Section 3. This Act shall become effective June 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
1981 Session of the General Assembly of Georgia a bill to amend an
Act creating the Floyd County Merit System, approved April 9,1969
(Ga. Laws 1969, p. 2505); and for other purposes.
This 6th day of January, 1981.
E. M. (Buddy) Childers
Representative,
15th District
Dan Fincher
Senator,
52nd District
Ken Fuller
Representative,
221
3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
16th District
John Adams
Representative-Elect
14th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. M. Childers who, on oath, deposes
and says that he/she is Representative from the 15th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Rome News Tribune which is the
official organ of Floyd County, on the following dates: January 8,15,
22,1981.
/s/ E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 26th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3643
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (23,500 - 24,100).
No. 249 (House Bill No. 470).
AN ACT
To repeal an Act entitled An Act creating and establishing a
Small Claims Court in each county in this State having a population
of not less than 23,500 and not more than 24,100 according to the last
United States Census of 1960 or any future such census; to prescribe
the jurisdiction of said courts; to prescribe the pleading and practice
in said courts; to provide for the appointment, duties, powers, com-
pensation, qualifications, substitution and tenure of the office of the
judges of such Small Claims Courts; to provide that the judges of said
courts shall be exempt from jury duty in the superior court and any
other court existing or that may be created and established in the
county wherein such judge presides; to provide for clerks of and for
said courts and for their duties and compensation; to provide for one
or more bailiffs of and for said courts and for their duties and
compensation; to provide for a jury and the number of jurors; to
provide for the services of processes of said courts; 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 prescribe the costs of court; to provide
for the furnishing of certain law books to said courts; to provide for
contempts of said courts and the penalty therefor; to provide for the
validating of the acts of said courts and the proceedings therein; to
provide for severability; to repeal conflicting laws; and for other
purposes., approved April 12, 1963 (Ga. Laws 1963, p. 3501), as
amended by an Act approved March 21, 1974 (Ga. Laws 1974, p.
2638); to provide an effective date; to provide conditions for the
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating and establishing a
Small Claims Court in each county in this State having a population
of not less than 23,500 and not more than 24,100 according to the last
United States Census of 1960 or any future such census; to prescribe
the jurisdiction of said courts; to prescribe the pleading and practice
in said courts; to provide for the appointment, duties, powers, com-
3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pensation, qualifications, substitution and tenure of the office of the
judges of such Small Claims Courts; to provide that the judges of said
courts shall be exempt from jury duty in the superior court and any
other court existing or that may be created and established in the
county wherein such judge presides; to provide for clerks of and for
said courts and for their duties and compensation; to provide for one
or more bailiffs of and for said courts and for their duties and
compensation; to provide for a jury and the number of jurors; to
provide for the services of processes of said courts; 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 prescribe the costs of court; to provide
for the furnishing of certain law books to said courts; to provide for
contempts of said courts and the penalty therefor; to provide for the
validating of the acts of said courts and the proceedings therein; to
provide for severability; to repeal conflicting laws; and for other
purposes., approved April 12, 1963 (Ga. Laws 1963, p. 3501), as
amended by an Act approved March 21, 1974 (Ga. Laws 1974, p.
2638), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Upson
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3645
MONTGOMERY COUNTYSMALL CLAIMS COURT
CREATED.
No. 250 (House Bill No. 472).
AN ACT
To create and establish a Small Claims Court of Montgomery
County, Georgia, to be known as the Small Claims Court of
Montgomery 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, substitu-
tions, and tenure of the office of the judge of such Small Claims Court;
to provide that the judge of said court shall be exempt from jury duty
in the superior court and any other court existing or that may be
created and established in Montgomery County; 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 and compensation; to provide for a jury and the number of
jurors; to provide for the service of process of said court; 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 for the costs of
court; to provide for contempt of said court and the penalty therefor;
to provide for the validity of the acts of said court and the proceedings
therein; to provide for all procedures, requirements and other matters
connected with 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. There is hereby created and established a Small
Claims Court of Montgomery County, Georgia, to be known as the
Small Claims Court of Montgomery County, which court shall have
civil jurisdiction in cases at law 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 laws of the State of Georgia.
3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. (a) Any person appointed as a judge of the Small
Claims Court created by this Act must, at the time of his appoint-
ment, be at least twenty-five years of age, and of good moral charac-
ter. Any person so appointed shall be exempt from jury duty in the
superior court and any other court existing or that may be created and
established.
(b) All other officers appointed to or employed by said court, as
now or hereafter provided, must be at least twenty-one years of age.
Section 3. Whenever the judge of said 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
Montgomery 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. If the judge of the Small Claims
Court is unable to act and the judge of the superior court is unable to
act, upon application of the judge of the Small Claims Court, the clerk
of the superior court shall perform the duties of the judge. If the clerk
of the superior court is unable to act, the judge of the probate court
shall perform such duties.
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 or as deputy clerk, said clerk or deputy clerk to
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-
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. The judge or clerk may, at the request of any individual,
prepare the statement of claim and other papers required to be filed
in an action.
(b) A copy of the certified statement of claim, together with a
notice of hearing in the form hereinafter prescribed, shall be served
GEORGIA LAWS 1981 SESSION
3647
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
in the county by a duly qualified bailiff of said Small Claims Court; or
by any person not a party to, or otherwise interested in the suit,
especially appointed by the judge of said court for that purpose.
(c) When served by a private individual, as hereinbefore pro-
vided, he 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 costs of service shall be
taxable as costs. 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount. When the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(f) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than thirty days from the
date of the service of said notice.
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
with the court the sum of $15.00, 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 which shall not
exceed $15.00; provided, however, the deposit of costs in cases of
attachment, garnishment, trover, statutory foreclosures on person-
alty and replevin by possessory warrant shall be $15.00; 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 $15.00, to be taxed in the discretion of the
court. If a party shall fail to pay any 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
3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 $15.00 for every such claim case. The same
practice and procedure shall apply in cases of illegal affidavits.
Section 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. 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 the merits.
(b) The judge shall conduct the trial in such a manner as to do
substantial justice between the parties according to the rules of
substantive law, and all rules and regulations relating to pleading,
practice, and procedure shall be liberally construed so as to adminis-
ter justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for
want of prosecution, or 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, or 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
GEORGIA LAWS 1981 SESSION
3649
have full discretionary power to stay the entry of judgment, and 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 presiding in
Montgomery 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, from
time to time, 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 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 a
person so appointed shall be known and designated as Small Claims
Court Bailiff and have the powers and authority and be subject to
the penalties of all lawful constables of the State of Georgia, including
the power to serve any and all processes and writs issued from or by
said Small Claims Court, with power also to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment as
such, take and subscribe the oath of office as prescribed in Section 24-
804 and give the bond prescribed in Section 24-811 of the Code of
Georgia and 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 15. Judgments of said Small Claims Court shall become
a lien on the real estate and personal property of a defendant, situated
in any county, from the time of the filing in the office of the clerk of
the superior court for said county of an execution based upon such
judgment and the entry thereof by the clerk in the general execution
docket for said county.
3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 16. Appeals may be had from judgments returned in the
Small Claims Court to the superior court, and the same provisions
now or hereafter provided for by law for appeals from probate courts
to the superior court shall be applicable to appeals from the Small
Claims Court to the superior court.
Section 17. Until otherwise provided by rules of court, the
statement of claims, verification, and notice shall be in the following
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 Montgomery County
Mt. Vernon, Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied, be verified by the
plaintiff or his agent as follows:)
State of Georgia,
County of__________________,
, having 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.
Plaintiff
(or Agent)
GEORGIA LAWS 1981 SESSION
3651
Sworn to and subscribed before me
this _____ day of________________, 19
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).
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.
3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
You may come with or without an attorney.
Judge-Clerk of the
Small Claims Court
Section 18. All acts performed by the judge or clerk and all
proceedings had before the Small Claims Court of Montgomery
County are hereby validated.
Section 19. Within 30 days after this Act becomes of full force
and effect, the judge of the Superior Court of Montgomery County,
Georgia, shall appoint a duly qualified person to be judge of the Small
Claims Court of Montgomery County, to serve from the date of such
appointment to the first day of November following such appoint-
ment. The person so appointed by the judge of the Superior Court of
Montgomery County shall be nominated by the grand jury convened
in Montgomery County, Georgia, after this Act becomes of full force
and effect. Thereafter, the grand jury in session in Montgomery
County immediately prior to the expiration of the term of such judge
shall nominate and the judge of the Superior Court of Montgomery
County shall appoint a qualified person to serve as judge of Small
Claims Court for a period of four years, beginning on November 1,
immediately following his appointment, and until his successor is
duly appointed and qualified. If, in the opinion of the judge of the
Superior Court of Montgomery County, the person so nominated by
the grand jury is qualified, he may appoint him as judge of the Small
Claims Court of Montgomery County to serve said four-year term;
but if the appointing judge in his sole discretion does not deem such
person qualified or desirable to hold such office, he shall refuse to
appoint him as such judge and shall notify the foreman of the grand
jury nominating such person to nominate another person for such
office. Within five days thereafter it shall be the duty of the grand
jury to nominate another person for appointment to such office, and
the judge of the Superior Court of Montgomery County upon receipt
of such nomination shall use his discretion as aforesaid in making or
refusing to make such appointment. Successors in such office shall be
nominated and appointed each four years in the same manner as
hereinbefore set out, for a four-year term beginning on November 1st
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 judge of the Superior Court
GEORGIA LAWS 1981 SESSION
3653
of Montgomery County, with or without any nomination by the grand
jury, in the sole discretion of the appointing judge. The judge of said
Small Claims Court may be removed from office by the judge of the
Superior Court of Montgomery County upon a recommendation
being made by the grand jury of Montgomery County that he be
removed. Any vacancy created by any such removal shall be filled for
the unexpired term in the same manner that other vacancies are
filled.
Section 20. All forms, docket books, file jackets, filing cabinets
and the like required by this Act shall be furnished by the governing
authority of Montgomery County.
Section 21. Said Small Claims Court having no designated
terms at stated periods, the judge thereof shall, in every kind of case,
designate the times when attachments and executions are returnable,
and also designate the time when each answer to a summons of
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, but no judgment shall be rendered against a garnishee before a
final judgment shall have first been rendered against the defendant.
Section 22. A summons of garnishment may be served by a
lawful constable, or by a Small Claims Court bailiff, or by the judge of
the Small Claims Court; or it may be served by registered or certified
mail, provided such service by mail is evidenced by a properly signed
return receipt, which receipt shall be attached to the original garnish-
ment affidavit, or to the writ of attachment; provided further, it shall
be prima-facie evidence of service on the garnishee if the sealed
envelope in which said summons was mailed to the garnishee by
registered or certified mail is returned to sender by U. S. Postal
authorities marked refused, giving the date of refusal and be signed
or initialed by a U. S. Post Office employee or U. S. Mail Carrier to
whom refusal was made. Whenever served 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 or
on the back of a conformed copy of the original summons of garnish-
3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment which was given to the garnishee, or such entry of service may be
made on a separate paper and attached to the said garnishment
affidavit or the writ of attachment, as the case may be.
Section 23. The judge of the Small Claims Court shall have the
power to impose fines of not more than $10.00 or imprison for not
longer than 24 hours any person guilty of contempt of court, such fine
to be paid into the county treasury or depository for county purposes.
Section 24. The fee of bailiff 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 10 percent (10%) of the first $250.00 and 5 percent (5%) on
all sums over that amount with a minimum of $3.00.
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
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 uncon-
stitutional 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 Intention to Introduce Local Legislation.
At the request of the Montgomery County grand jury, notice is
hereby given that there will be introduced at the regular 1981 session
of the General Assembly of Georgia, a bill to create a small claims
court for Montgomery County; and for other purposes.
This 2 day of January, 1981.
GEORGIA LAWS 1981 SESSION
3655
L. L. Phillips
Representative,
120th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Montgomery Monitor which is the
official organ of Montgomery County, on the following dates: January
7,14,21,1981.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RICHMOND COUNTYDUTIES OF SUPERINTENDENT
OF SCHOOLS.
No. 251 (House Bill No. 495).
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 March 18, 1980 (Ga. Laws 1980, p.
3257), so as to provide for an additional method of executing employ-
ment contracts to allow the Superintendent to execute employment
contracts through the use of a facsimile signature under such rules
and regulations as approved by the Board of Education; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act 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 March 18,1980 (Ga. Laws 1980, p. 3257), is
hereby amended by adding after subsection (e) of Section 6 of Section
G a new subsection (f) to read as follows:
(f) The Superintendent shall have the sole responsibility of
executing on behalf of the School Board, each contract of employ-
ment required to be signed by any employee. The signature of the
Superintendent on such contracts of employment may be by facsimile
signature of the Superintendent under such reasonable rules and
regulations as the Board of Education may from time to time deem
necessary for the use of such facsimile signature.
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 1981 SESSION
3657
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 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 allow the Superintendent of Schools to sign employee
contracts by the use of a facsimile signature; to provide for editorial
revision; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other similiar purposes.
This 5 day of January, 1981.
Leonard 0. Fletcher, Jr.
Attorney For County Board
of Education of Richmond
County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Sam Nicholson who, on oath, deposes
and says that he/she is Representative from the 88th 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 8,15, 22,
1981.
/s/ Sam Nicholson
Representative,
88th District
3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF GRIFFINCHAIRMAN OF BOARD OF
COMMISSIONERS.
No. 252 (House Bill No. 497).
AN ACT
To amend an Act creating a new charter for the City of Griffin,
approved July 21,1921 (Ga. Laws 1921, p. 959), as amended, particu-
larly by an Act approved April 17,1973 (Ga. Laws 1973, p. 3393), so as
to provide for the election of the chairman of the board of commis-
sioners; 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 a new charter for the City of Griffin,
approved July 21,1921 (Ga. Laws 1921, p. 959), as amended, particu-
larly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3393), is
hereby amended by striking Section 10 of said Act, which reads as
follows:
Section 10. At the first meeting of the Board of Commissioners
conducted after the members of the Board elected to said Board in
the 1975 general election shall assume office, the members of the
Board shall elect one of their members to serve as chairman for the
GEORGIA LAWS 1981 SESSION
3659
next ensuing twelve months. Thereafter, the Board shall elect one of
their members to serve as chairman for a term of office of one year
and until a successor is duly elected. No Commissioner shall be
eligible to succeed himself as chairman. The chairman shall hold the
title of Honorary Mayor of the City of Griffin.,
and substituting in lieu thereof a new Section 10 to read as follows:
Section 10. At the first regular meeting of the Board of Commis-
sioners in December of each year, and as the first order of new
business after the swearing in of the newly elected Commissioner or
Commissioners, the members of the Board of Commissioners shall
elect one of their members to serve as Chairman for the next ensuing
12 months and until a successor is duly elected. No Commissioner
shall be eligible to succeed himself as Chairman. The Chairman shall
hold the position as Honorary Mayor.
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 is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to provide for
the Chairman of the Board of Commissioners of the City of Griffin
shall be elected as the first order of new business after the swearing in
of the newly elected Commissioner or Commissioners at the first
regular meeting in December of each year; and for other purposes.
This 23rd day of December, 1980.
/s/ Roy L. Inman,
City Manager
3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Spalding County.
Personally appeared before the undersigned officer, duly autho-
rized to administer oaths, Quimby Melton, Jr., who, upon oath, says
that he is the publisher of a newspaper known as the Griffin Daily
News, and the official newspaper of Spalding County, Georgia, and
certifies that the within notice of Home Rule Amendment, pertaining
to election, by the Commission, of Chairman to serve the next ensuing
year, was published in said newspaper on December 31,1980, January
9,1981 and January 16,1981.
This 28th day of January, 1981.
/s/ Quimby Melton, Jr.
Sworn to and subscribed before me,
this 29th day of January, 1981.
/s/ Joan C. Jones
Notary Public, Spalding County, Ga.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3661
WHEELER COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 253 (House Bill No. 498).
AN ACT
To amend an Act creating the office of commissioner of Wheeler
County, approved August 7, 1924 (Ga. Laws 1924, p. 378), as
amended, particularly by an Act approved April 5, 1961 (Ga. Laws
1961, p. 2870), so as to change the provisions relating to the compen-
sation of the commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of commissioner of Wheeler
County, approved August 7, 1924 (Ga. Laws 1924, p. 378), as
amended, particularly by an Act approved April 5, 1961 (Ga. Laws
1961, p. 2870), is hereby amended by striking Section 2 of the
amendatory Act approved April 5, 1961 (Ga. Laws 1961, p. 2870), in
its entirety and substituting in lieu thereof a new Section 2 to read as
follows:
Section 2. The commissioner of Wheeler County shall receive an
annual salary of $12,000.00 to be paid from the funds of Wheeler
County. Said salary shall be paid in weekly, semimonthly, or monthly
installments as the commissioner shall fix and determine.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the office of Commissioner of Wheeler County, approved
August 7, 1924 (Ga. Laws 1924, p. 378), as amended, so as to change
the provisions relative to the compensation of said Commissioner;
3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15 day of January, 1981.
W. H. Thomas, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: January 21,
28, February 4,1981.
M L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3663
WHEELER COUNTYJUDGE OF PROBATE COURT
PLACED ON SALARY BASIS.
No. 254 (House Bill No. 499).
AN ACT
To abolish the present mode of compensating the judge of the
Probate Court of Wheeler 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, 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 a specific Act; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the
Probate Court of Wheeler 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 judge of the probate court shall receive an annual
salary of $14,000.00, 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, forfei-
tures, commissions, costs, allowances, penalties, funds, monies, and
all other emoluments and perquisites formerly allowed him as com-
pensation for 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 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.
3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. 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 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 office of the
judge of the probate court, 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, furnish-
ings, 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 Wheeler County.
Section 6. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 7. An Act entitled: An Act to provide for the yearly
compensation of the judge of the probate court of Wheeler County in
addition to fees which he now receives; to repeal conflicting laws; and
for other purposes. approved April 5,1961 (Ga. Laws 1961, p. 3027),
as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p.
2619), is hereby repealed in its entirety.
Section 8. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3665
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to provide a
salary for the Judge of the Probate Court of Wheeler County in lieu of
fee system of compensation; and for other purposes.
This 15 day of January, 1981.
W. H. Thomas, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: January 21,
28, February 4,1981.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEELER COUNTYCOMPENSATION OF SHERIFF.
No. 255 (House Bill No. 500).
AN ACT
To amend an Act providing an annual salary for the sheriff of
Wheeler County, approved March 30,1965 (Ga. Laws 1965, p. 2970),
as amended, so as to change the provisions relating to the compensa-
tion 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 an annual salary for the sheriff of
Wheeler County, approved March 30,1965 (Ga. Laws 1965, p. 2970),
as amended, 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 sheriff shall receive an annual salary of $14,000.00
payable in equal monthly installments from the funds of Wheeler
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
1981 session of the General Assembly of Georgia, a bill to amend an
GEORGIA LAWS 1981 SESSION
3667
Act creating the office of Sheriff of Wheeler County, as amended, so
as to change the provisions relative to the compensation of said
Sheriff; and for other purposes.
This 15 day of January, 1981.
W. H. Thomas, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: January 21,
28, February 4,1981.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BOARDS OF ELECTIONS CREATED IN CERTAIN
COUNTIES (45,550 - 50,550).
No. 256 (House Bill No. 508).
AN ACT
To provide for a board of elections in certain counties; to define its
powers and duties concerning primaries, elections, and registration of
electors; to provide a method for appointment, resignation, and
removal of its members; to provide for the qualifications and terms of
its members; to provide for a chairman, clerical assistants, and other
employees; to provide for compensation of such persons and the
members of the board; to relieve the judge of the probate court and
board of registrars of each such county from certain responsibilities;
to abolish the county board of registrars in each such 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. There is hereby created in each county of this state
having a population of not less than 45,550 and not more than 50,550
according to the 1970 United States decennial census or any future
such census a board of elections which shall have jurisdiction over the
conduct of primaries and elections in such counties.
Section 2. The board of elections in each such county shall be
composed of five members, each of whom shall be an elector of said
county, shall be a resident of said county for a period of two years,
shall be 25 years of age at the time of assuming office, and shall be
selected in the following manner:
(1) Two members shall be appointed by the chairman of the
county executive committee of the political party whose candi-
dates, at the last preceding general election, received the largest
number of votes in this state for members of the General Assem-
bly. Two members shall be appointed by the chairman of the
county executive committee of the political party whose candi-
dates at such election received the next largest number of such
votes. One member shall be appointed by the last regularly
scheduled grand jury convening in such county preceding the date
on which such member is to take office.
GEORGIA LAWS 1981 SESSION
3669
(2) Each of the appointments made by the respective execu-
tive committee chairmen shall have been ratified by a majority of
the members of each of such respective executive committees
voting at a meeting duly called and held for such purposes. In the
event such appointments are not ratified by a majority of the
members of such executive committees at least 30 days preceding
the date on which such members are to take office, then such
members shall be appointed in accordance with the provisions of
Section 3 of this Act.
Section 3. The appointment or election of each appointed or
elected member shall be made by the respective appointing or elec-
ting authority by filing an affidavit with the clerk of the superior
court no later than 30 days preceding the date at which such member
is to take office, stating the name and residential address of the
person appointed or elected and certifying that such member has
been duly appointed or elected as provided in this Act. The clerk of
the superior court shall record each of such certifications on the
minutes of the court, shall certify the name of each such appointed or
elected member to the Secretary of State, and shall provide for the
issuance of appropriate commissions to the members and chairmen
within the same time and in the same manner as provided by law for
registrars. In the event any appointing or electing authority fails to
make a regular appointment or election within the times specified in
this section and in subsection (2) of Section 2 or to make an interim
appointment or election to fill a vacancy within 60 days after the
creation of such vacancy, such regular member or the member to fill
such vacancy shall be appointed forthwith by the grand jury of such
county.
Section 4. Two of the initial members of the board, one
appointed or elected from each of the political parties, pursuant to
subsection (1) of Section 2 shall serve for an initial term of two years
or until their successors are appointed or elected and qualified. Two
members, one appointed or elected from each of the political parties,
and the member appointed by the grand jury shall serve an initial
term of office of four years. Thereafter, successors to the initial
members shall serve for terms of office of four years or until their
successors are duly appointed or elected and qualified. Each member
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 respective
appointing or electing authority and to the clerk of superior court. All
members shall be subject to removal from the board at any time, for
3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cause after notice and hearing, in the same manner and by the same
authority as provided for removal of registrars.
Section 5. In the event a vacancy occurs in the office of any
appointed or elected member before the expiration of his term by
removal, death, resignation, or otherwise, the respective appointing
or electing authority shall appoint or elect a successor to serve the
remainder of the unexpired term. The clerk of superior court shall be
notified of interim appointments or elections and shall record and
certify such appointments or elections and changes in the same
manner as the regular appointments or election of members.
Section 6. The first members of the board under this Act shall
take office 30 days from the effective date of this Act or as soon
thereafter as practicable. 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 7. No person who holds elective or appointive office or is
a salaried employee of the governing body of said county, any
municipality in said county, or any board of education or commission
appointed by the governing body or any municipality in said county
shall be eligible for appointment or election to the board of elections if
he has so served within three months immediately preceding his
appointment as a member of the board of elections or within three
months immediately preceding his qualifying to run for any position
on said board; provided, however, any member of the board of
elections shall be eligible for reappointment to said board.
Section 8. The members of the board of elections shall elect their
own chairman who shall serve as such for a term of office of one year.
No member of the board of elections shall be eligible to offer for
elective public office for a period of six months following his service
on the board.
Section 9. 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.
GEORGIA LAWS 1981 SESSION
3671
Section 10. Compensation for the chairman of the board of
elections, clerical assistants, and other employees shall be such as
may be fixed by the governing authority. Compensation for the other
members of the board of elections shall be the same as received by
members of the board of registrars, not including the chief registrar.
Said compensation shall be paid totally from county funds.
Section 11. The board of elections shall have the following
powers and duties:
(1) It shall succeed to and exercise all of the duties granted
to and incumbent upon the judge of the probate court of each such
county pursuant to the provisions of Title 34 of the Code of
Georgia, as now or hereafter amended, and any other provision of
law.
(2) It shall succeed to and exercise all of the duties and
powers granted to an incumbent upon the board of registrars in
each such county pursuant to Title 34 of the Code of Georgia, as
now or hereafter amended, and any other provision of law.
(3) It shall formulate, adopt, and promulgate rules and
regulations, consistent with law and the rules and regulations of
the state executive committee of each political party, governing
the conduct of primaries to the end that, insofar as practicable, all
primaries shall be uniformly conducted by the board of elections,
poll workers shall be properly trained, and voters shall be ade-
quately informed and instructed. Any rule or regulation promul-
gated by a county executive committee under the provisions of
Code Section 34-902, as amended, relating to the conduct of
primaries, shall be null and void if in conflict with a valid rule or
regulation of the board of elections.
(4) 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. The board shall be authorized to employ not less
than two full-time employees and such other employees as the
governing authority shall approve.
Section 12. The board shall be authorized and empowered to
organize itself, elect its officers, determine its procedural rules and
3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such action as is appropriate to the
management of the affairs committed to its supervision; provided,
however, that no such action shall be in conflict with any other
provision of law.
Section 13. With the consent of the governing authority, the
board of elections shall be authorized to expend public funds for the
purpose of distributing sample ballots, voter information booklets,
and other material designed to inform and instruct adequately elec-
tors of the county with regards to elections.
Section 14. The judge of the probate court and the county board
of registrars in each such county are hereby 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 pertain-
ing to such powers and duties. Also, at such time, the board of
registrars in each such county shall be abolished. However, the judge
of the probate court in each such county shall continue to swear in all
persons elected to public office.
Section 15. The governing authority of the county shall provide
the board with such proper and suitable offices and with the supplies
and equipment necessary to perform its duties.
Section 16. The board of elections shall have the authority to
contract with any municipality located within the county for the
holding of any primary or election by the board to be conducted
within the municipality.
Section 17. 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 18. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
3673
Section 19. All laws and parts of laws in conflict with this Act
are hereby repealed.
Approved April 6,1981.
RICHMOND COUNTYAD VALOREM TAXATION.
No. 257 (House Bill No. 509).
AN ACT
To carry into effect an amendment to the Constitution, as found
in Ga. Laws 1980, p. 2162, to provide for the governing authority of
Richmond County to grant a discount for early payment of county ad
valorem taxes; to provide for the amount of the discount; to provide
for the amount of payment and date to qualify for discount; 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 governing authority of Richmond County shall
have the authority to provide by resolution for every taxpayer who
pays county ad valorem taxes in Richmond County within twenty (20)
days from the original billing date of the county ad valorem taxes an
incentive discount not to exceed four percent (4%) for early payment
of said taxes. No such discount shall be granted except upon payment
in full by the taxpayer of all ad valorem taxes due and payable for
county taxes. The governing authority of Richmond County may
from time to time by appropriate resolution change the amount of
discount allowed provided such modification does not exceed the
maximum discount allowed herein.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
222
3674 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 local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to carry into
effect an amendment to the Constitution, as found in Georgia Laws
1980, pp. 2162, et seq. to provide for early payment of County ad
valorem taxes; to provide for the amount of the discount; to provide
an effective date; to repeal conflicting laws; and for other purposes.
This 17th day of December, 1980.
David Swann
Representative,
90th District,
Richmond County, Georgia
State of 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
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond, who certifies that the legal
notice of intention to apply for local legislation was duly published
once a week for three weeks, as required by law. Said dates of
publication being December 22,29,1980 and January 5,1981.
GEORGIA LAWS 1981 SESSION
3675
/s/ William S. Morris, III
President,
Southeastern Newspapers
Corporation
Publisher of
The Augusta Herald,
Richmond County, Georgia
Sworn to and subscribed before me,
this 7th day of January, 1981.
/s/ Marie B. Marriott
Notary Public, Richmond County, Georgia.
My Commission Expires June 29, 1981.
(Seal).
Approved April 6,1981.
RICHMOND COUNTYSCHOOL TAXES.
No. 258 (House Bill No. 510).
AN ACT
To carry into effect an amendment to the Constitution, as found
in Ga. Laws 1980, p. 2162; to provide for the governing authority of
the Public School System of Richmond County to grant a discount for
early payment of School ad valorem taxes; to provide for the amount
of the discount; to provide for the amount of payment and date to
qualify for discount; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. The County Board of Education of Richmond County
shall have the authority to provide by resolution for every taxpayer
who pays School ad valorem taxes in Richmond County within twenty
(20) days from the original billing date of the School ad valorem taxes
an incentive discount not to exceed four percent (4%) for early
payment of said taxes. No such discount shall be granted except upon
payment in full by the taxpayer of all ad valorem taxes due and
payable for School taxes. The County Board of Education may from
time to time by appropriate resolution change the amount of discount
allowed provided such modification does not exceed the maximum
discount allowed herein.
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 local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to carry into
effect an amendment to the Constitution, as found in Georgia Laws
1980, p. 2162, et seq. to provide for early payment of School ad
valorem taxes; to provide for the amount of the discount; to provide
for the payment and date to qualify for discount; to provide an
effective date; to repeal conflicting laws; and for other purposes.
This 5th day of January, 1981.
Leonard 0. Fletcher, Jr.
Attorney for County Board
of Education
of Richmond County
GEORGIA LAWS 1981 SESSION
3677
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, David Swann who, on oath, deposes
and says that he/she is Representative from the 90th 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 8,15, 22,
1981.
/s/ David Swann
Representative,
90th District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
RICHMOND COUNTYMEMBERS OF BOARD OF
EDUCATION, REFERENDUM.
No. 259 (House Bill No. 511).
AN ACT
To amend an Act regulating public instruction in the County of
Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as
3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 revi-
sion; to provide for other matters relative to the foregoing; to provide
for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act 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 1 thereof in its entirety and
substituting in lieu thereof a new Section 1 to read as follows:
Section 1. Richmond County, a single school district, composi-
tion 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.
GEORGIA LAWS 1981 SESSION
3679
(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 dis-
trict 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 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 years 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) mem-
bers. There shall be one member elected or appointed for each of the
following districts or combinations thereof (Said combinations or
districts being sometimes referred to herein as 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
EDS 42, 43, 44 & 45
CT 4
EDS 50, 51 & 52
CT 6
EDS 53, 54, 55, 56, 57 & 58
CT 7
EDS 59, 60, 61 & 62
CT 8
3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EDS 46, 47, 48 & 49
CT 9
EDS 63, 64, 65, 66, 67, 68 & 69
CT 10
EDS 37, 38, 39, 40 & 41
CT 13
EDS 81, 82 & 83
CT 14
EDS 77, 78, 79 & 80
CT 103
ED 104
CT 15
EDS 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
EDS 105, 106, 107, 108 & 109
CT 104
EDS 97, 98, 99, 100, 101, 102 & 103
CT 105.1
EDS 136 & 137
CT 105.2
GEORGIA LAWS 1981 SESSION
3681
EDS 119, *120, 121, 122 & 123
*That portion of ED 120 lying West of Highway #1 (Deans
Bridge Road).
CT 106
EDS 90, 91, 92, 93, 94, 95 & 96
Total
1970 26,701
1978 29,285
SCHOOL BOARD DISTRICT III
CT 1
EDS 27, 28, 29, 30 & 31
CT 2
EDS 22, 23, 24, 25 & 26
CT 11
EDS 34 & 36
CT 12
ED 89
CT 101
EDS 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
EDS *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
3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EDS 85, 86, 87 & 88
CT 13
EDS 84
CT 16
EDS 32 & 33
CT 101
ED *11
*That portion of ED 11 lying Southwest of Bobby Jones
Expressway.
CT 102
EDS *12, *13, 14, 15, 16, 17, 18, 19, 20 & 21
*That portion of ED 12 lying West of Raes Creek.
*That portion of ED 13 extending South from Crane Creek.
CT 103
ED 110
CT 105.1
EDS 133, 134 & 135
CT 107
ED *141
*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
EDS *120, 124, 125 & 127
GEORGIA LAWS 1981 SESSION
3683
*That portion of ED 120 lying East of Highway #1 (Deans
Bridge Road).
CT 105.1
ED 138
CT 107
EDS *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
EDS 143, 144, *146 & 147
*That portion of ED 146 lying West of Highway #25 (Peach
Orchard Road).
CT 108
EDS *139 & 140
*That portion of ED 139 lying South of 4th Avenue (Fort
Gordon Military Reservation) and extending to
Richmond County Line.
Total
1970 28,307
1978 35,224
SCHOOL BOARD DISTRICT VI
CT 105.2
EDS 128, 129, 130, 131 & 132
CT 105.3
EDS 111, 112, 113, 114, 115, 116, 117 & 118
CT 107
EDS 141 & *142
*That portion of ED 141 lying East of Highway #25 (Peach
Orchard Road) between Highway #25 and Central of Georgia
Railroad.
3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
*That portion of ED 142 lying East of Highway #25 (Peach
Orchard Road).
CT 109
EDS 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
listings as to the old district being replaced by the districts hereinaf-
ter 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);
District 4, district wide, Post #1 (Old 1269th
District);
GEORGIA LAWS 1981 SESSION
3685
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 121st
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 #1 (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
four (4) 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 which was held on the first Tuesday after
the first Monday in November, 1980, four members of the Board
were 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).
Such members so elected 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 thereaf-
ter, their term shall be for four (4) years.
3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) At the election to be held on the first Tuesday after the
first Monday in November, 1981, four (4) members of the 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 four (4)
years which shall expire on December 31, 1986. When the candi-
dates 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 five (5) 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 qualifi-
cation 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.
GEORGIA LAWS 1981 SESSION
3687
Any candidates desiring to qualify in the special election 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 days nor more than 45 days prior to
the first Tuesday after the first Monday in November, 1981, it shall
be the duty of the election superintendent of Richmond County to
issue the cdl 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 first Tuesday after the first Monday in November, 1981. The
superintendent of elections 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 Richmond County Board of
[ ] NO 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 1981 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.
3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 revi-
sion; to provide for other matters relative to the foregoing; to repeal
conflicting laws; and for other similar purposes.
This 5 day of January, 1981.
Leonard 0. Fletcher, Jr.
Attorney for County
Board of Education
of Richmond County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, David Swann who, on oath,
deposes and says that he/she is Representative from the 90th 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 8,15, 22,
1981.
/s/ David Swann
Representative,
90th District
GEORGIA LAWS 1981 SESSION
3689
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
JEFFERSON COUNTYPERSONNEL IN TAX
COMMISSIONERS OFFICE.
No. 260 (House Bill No. 517).
AN ACT
To amend an Act creating the office of tax commissioner of
Jefferson County, approved March 21,1968 (Ga. Laws 1968, p. 2573),
so as to change provisions relating to the personnel of the tax
commissioners office; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Jefferson County, approved March 21,1968 (Ga. Laws 1968, p. 2573),
is hereby amended by striking Section 5, which reads as follows:
Section 5. The tax commissioner is authorized to employ such
personnel to assist him in discharging the official duties of his office
as he shall deem proper. Such personnels compensation shall be paid
from county funds. However, the total compensation to be paid by the
county for all such personnel shall not exceed $9,300.00 during any
one calendar year.
3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All expenses incurred by the tax commissioner in operating and
discharging the official duties of his office, including, but not limited
to, office equipment, supplies, fixtures and utility expenses, shall be
paid by the county from county funds.,
and inserting in its place a new section to read as follows:
Section 5. The tax commissioner may appoint two full-time
deputy tax commissioners and such part-time personnel as are autho-
rized by the county governing authority upon the request of the tax
commissioner. The compensation of the deputy tax commissioners
and part-time personnel shall be fixed by the county governing
authority.
All expenses incurred by the tax commissioner in operating and
discharging the official duties of his office, including, but not limited
to, office equipment, supplies, fixtures, and utility expenses, shall be
paid by the county 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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act creating the office of Tax Commissioner of Jefferson County so as
to make provisions relative to the employment of personnel within
that office, to provide that their compensation shall be fixed by the
Board of Commissioners of Jefferson County, and for other purposes.
This 12th day of January, 1981.
E. E. Bargeron
State Representative
GEORGIA LAWS 1981 SESSION
3691
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 follow-
ing dates: January 15,22,29,1981.
/s/ Emory E. Bargeron
Representative,
83rd District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
JEFFERSON COUNTYPERSONNEL IN SHERIFFS
OFFICE.
No. 261 (House Bill No. 518).
AN ACT
To amend an Act placing the sheriff of Jefferson County on an
annual salary, approved March 10,1965 (Ga. Laws 1965, p. 2226), as
3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved April 28, 1969 (Ga. Laws
1969, p. 3722), so as to change provisions relating to the 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 Jefferson County on an
annual salary, approved March 10,1965 (Ga. Laws 1965, p. 2226), as
amended, particularly by an Act approved April 28, 1969 (Ga. Laws
1969, p. 3722), as amended, is hereby amended by striking Section 8,
which reads as follows:
Section 8. The sheriff of Jefferson County is hereby authorized
to appoint two full-time deputies and two full-time office clerks. In
the event the sheriff deems that a jailer and other part-time deputies,
in addition to the full-time deputies and clerks provided for above,
are needed, he shall be authorized to employ such personnel. The
compensation to be received by the full-time and part-time employ-
ees of the sheriffs office shall be fixed by the board of commissioners
of Jefferson County and shall be paid from the funds of Jefferson
County.,
and inserting in its place a new section to read as follows:
Section 8. The sheriff may employ the following personnel:
three jailers; not more than nine deputies; one investigator; two full-
time clerks; and such part-time personnel as are authorized by the
county governing authority upon the request of the sheriff. The
compensation to be paid to such personnel shall be fixed by the
county governing authority.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act placing the Sheriff of Jefferson County upon an annual salary so
as to make provisions relative to the employment of personnel within
GEORGIA LAWS 1981 SESSION
3693
the Sheriffs Office, to provide that their compensation shall be fixed
by the Board of Commissioners of Jefferson County, and for other
purposes.
This 12th day of January, 1981.
E. E. Bargeron
State Representative
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 follow-
ing dates: January 15,22,29,1981.
/s/ Emory E. Bargeron
Representative,
83rd District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JEFFERSON COUNTYPERSONNEL IN OFFICE OF
CLERK OF SUPERIOR COURT.
No. 262 (House Bill No. 519).
AN ACT
To amend an Act placing the Clerk of the Superior Court of
Jefferson County on an annual salary, approved April 17, 1975 (Ga.
Laws 1975, p. 3612), as amended, so as to change provisions relative to
personnel of the clerks office; 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
Jefferson County on an annual salary, approved April 17, 1975 (Ga.
Laws 1975, p. 3612), as amended, is hereby amended by striking
Section 4, which reads as follows:
Section 4. The Clerk of the Superior Court of Jefferson County
shall have the authority to appoint a Deputy Clerk who shall receive
an annual salary of not less than $5,500.00 nor more than $7,500.00.
The Clerk may also appoint a part-time assistant as he shall deem
necessary. The Clerk shall, from time to time, recommend to the
governing authority of the court the 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 of Jefferson
County, during his term of office, to designate and name the person or
persons who shall be employed as such deputy or assistant, and to
prescribe their duties and assignments, and to remove or replace any
of such employees at will and within his sole discretion.,
and inserting in its place a new section to read as follows:
Section 4. The clerk may appoint two full-time deputy clerks
and such part-time personnel as are authorized by the county govern-
ing authority upon the request of the clerk. The compensation of the
deputy clerks and part-time personnel shall be fixed by the county
governing authority.
GEORGIA LAWS 1981 SESSION
3695
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act placing the Clerk of Superior Court of Jefferson County upon an
annual salary so as to make provisions relative to the employment of
personnel within the Clerks Office, to provide that their compensa-
tion shall be fixed by the Board of Commissioners of Jefferson
County, and for other purposes.
This 12th day of January, 1981.
E. E. Bargeron
State Representative
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 follow-
ing dates: January 15,22,29,1981.
/s/ Emory E. Bargeron
Representative,
83rd District
3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
ACT PLACING CORONERS IN CERTAIN COUNTIES ON
SALARY BASIS REPEALED (28,300 - 29,600).
No. 263 (House Bill No. 523).
AN ACT
To repeal an Act entitled An Act to provide an annual salary for
the coroner of each county of this State having a population of not less
than 28,300 and not more than 29,600, according to the United States
Decennial Census of 1970, or any future such census; to repeal
conflicting laws; and for other purposes., approved March 11, 1977
(Ga. Laws 1977, p. 345); to provide an effective date; to provide
conditions for the effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to provide an annual salary
for the coroner of each county of this State having a population of not
less than 28,300 and not more than 29,600, according to the United
States Decennial Census of 1970, or any future such census; to repeal
conflicting laws; and for other purposes., approved March 11, 1977
(Ga. Laws 1977, p. 345), is hereby repealed in its entirety.
GEORGIA LAWS 1981 SESSION
3697
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act amending an Act placing the coroner of
Douglas County on a salary in lieu of a fee basis of compensation,
approved March 28,1961 (Ga. Laws 1961, p. 2511), so as to change the
compensation of the coroner of Douglas County; and for other pur-
poses does not pass the 1981 session of the General Assembly and is
not signed by the Governor or does not become law without his
signature, this Act shall be null and void and shall stand repealed in
its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
CATOOSA COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 265 (House Bill No. 539).
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 26,1980
(Ga. Laws 1980, p. 4255), 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 Tax Commissioner of
Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p.
1267), as amended, particularly by an Act approved March 26, 1980
(Ga. Laws 1980, p. 4255), is hereby amended by striking in its entirety
Section 5 thereof, which reads as follows:
3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. The compensation of the Tax Commissioner of
Catoosa County, as full compensation for any and all duties per-
formed 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 sem-
imonthly installments; and the sum of twenty-five thousand eight
hundred dollars ($25,800.00) per annum, to be paid in equal sem-
imonthly 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.,
and inserting in lieu thereof the following new Section 5 to read as
follows:
Section 5. The compensation of the Tax Commissioner of
Catoosa County, as full compensation for any and all duties per-
formed by him as receiver and collector of school district and school
bond taxes, and of county taxes for the first 90 percent of the ad
valorem net digest, shall be a fixed salary of $6,000.00 per annum, to
be paid in equal semimonthly installments; and the sum of $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 and on all
taxes collected in excess of 90 percent of the total taxes due according
to the ad valorem net digest, which total taxes due shall include,
without being limited to, those motor vehicle taxes listed in said
digest. Said tax commissioner shall also be entitled to the fees now
GEORGIA LAWS 1981 SESSION
3699
allowed tax commissioners for motor vehicle license tags pursuant to
an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as now or
hereafter amended, and for certain motor vehicle title transactions
pursuant to an Act approved March 3,1961 (Ga. Laws 1961, p. 68), as
now or hereafter amended. All commissions due to said tax commis-
sioner 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.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the Georgia General Assembly, a bill relative to the
Office of Tax Commissioner of Catoosa County relative to commis-
sions and for other purposes.
/s/ Robert G. Peters
State Representative
3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs 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 1,8, and 15,1981.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 20 day of January, 1981.
/s/ June B. Hester
(Seal).
Approved April 6,1981.
DOOLY COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 266 (House Bill No. 543).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Dooly County into the office of tax commissioner of Dooly
County, approved February 25, 1949 (Ga. Laws 1949, p. 1628), as
amended, 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:
GEORGIA LAWS 1981 SESSION
3701
Section 1. An Act consolidating the offices of tax receiver and
tax collector of Dooly County into the office of tax commissioner of
Dooly County, approved February 25,1949 (Ga. Laws 1949, p. 1628),
as amended, is hereby amended by striking from Section 3 the
following:
six thousand ($6,000.00) dollars,
and inserting in lieu thereof the following:
seven thousand two hundred ($7,200.00) dollars,
so that when so amended Section 3 shall read as follows:
Section 3. The salary of the tax commissioner of Dooly County
shall be seven thousand two hundred ($7,200.00) dollars per annum
and shall be paid in equal monthly installments from the funds of
Dooly County. The tax commissioner shall be authorized to employ
assistants and clerical help and the salaries of these assistants and
clerks shall be fixed by the board of commissioners of roads and
revenues of Dooly County.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Proposed Local Legislation.
Notice is hereby given of the intention to apply to the General
Assembly of Georgia, at its session beginning January 1981, for the
enactment of a local bill to amend an Act entitled An Act to abolish
the offices of tax collector and tax receiver in the County of Dooly and
for other purposes approved February 25, 1949 (Ga. L. 1949, p.
1628), amended (Ga. L. 1963, p. 3317), so as to authorize the commis-
sioners of roads and revenues for the County of Dooly to fix the salary
of the tax commissioner of Dooly County, and for other purposes.
This January 12, 1981.
Dooly County Board of
Commissioners
By: Billy S. Giles, Chairman
Attest: Frances K. Smith,
Clerk
3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Intro-
duce Local Legislation was published in the Vienna News-Observer
which is the official organ of Dooly County, on the following dates:
January 14,21,28,1981.
/s/ Howard H. Rainey
Representative,
135th District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3703
DOOLY COUNTYBOARD OF COUNTY
COMMISSIONERS.
No. 267 (House Bill No. 544).
AN ACT
To amend an Act creating a board of commissioners of roads and
revenues for the County of Dooly, approved August 18, 1913 (Ga.
Laws 1913, p. 373), as amended by an Act approved August 9, 1919
(Ga. Laws 1919, p. 639), an Act approved August 13,1929 (Ga. Laws
1929, p. 594), an Act approved March 2,1943 (Ga. Laws 1943, p. 951),
an Act approved February 26, 1947 (Ga. Laws 1947, p. 143), an Act
approved March 12,1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3291), an
Act approved March 17, 1960 (Ga. Laws 1960, p. 2882), and an Act
approved April 4,1967 (Ga. Laws 1967, p. 2586), so as to create new
road districts for the election of commissioners; to provide for the
election, terms, and qualifications of commissioners; to provide for all
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of roads
and revenues for the County of Dooly, approved August 18,1913 (Ga.
Laws 1913, p. 373), as amended by an Act approved August 9, 1919
(Ga. Laws 1919, p. 639), an Act approved August 13,1929 (Ga. Laws
1929, p. 594), an Act approved March 2,1943 (Ga. Laws 1943, p. 951),
an Act approved February 26, 1947 (Ga. Laws 1947, p. 143), an Act
approved March 12,1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3291), an
Act approved March 17, 1960 (Ga. Laws 1960, p. 2882), and an Act
approved April 4,1967 (Ga. Laws 1967, p. 2586), is hereby amended
by striking in its entirety Section 2 and inserting in its place a new
section to read as follows:
Section 2. Dooly County shall be divided into three road districts
as described below:
Dooly County Road District No. 1
All that portion of Dooly County, Georgia, lying northerly and
easterly of a line defined as follows: Begin at the northwest corner of
Lot of Land No. 11 in the Second Land District of Dooly County,
3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, and thence proceed south along the west line of General
Militia District No. 1466 to the southwest corner of Lot of Land No.
150 in the Second Land District of Dooly County, Georgia, being the
southwest corner of General Militia District No. 1466; thence con-
tinue south along the west line of General Militia District No. 1479 to
its point of intersection with the center run of the north prong of
Little Pennahatchee Creek; thence proceed in a southwesterly direc-
tion along the center run of the north prong of Little Pennahatchee
Creek to its point of intersection with the centerline of County Road
No. 116; thence proceed in an easterly direction along the center line
of County Road No. 116 to its point of intersection with the center
line of State Route No. 7, also known as U. S. Highway No. 41; thence
proceed in a northeasterly direction along the center line of State
Route No. 7 to its point of intersection with the center line of County
Road No. 155; thence proceed in an easterly direction along the center
line of County Road No. 155 to its point of intersection with the
center line of County Road No. 154; thence proceed in a northeasterly
direction along the center line of County Road No. 154 to its point of
intersection with the center line of County Road No. 215; thence
proceed in an easterly direction along the center line of County Road
No. 215 to its point of intersection with the center run of Wildcat
Creek; thence continue in an easterly direction along the center run of
Wildcat Creek to its point of confluence with the center run of
Bratcher Creek to form Cedar Creek; thence continue in an easterly
direction along the center run of Cedar Creek to the east county line
of Dooly County, Georgia.
Dooly County Road District No. 2
All that portion of Dooly County, Georgia, lying westerly of a line
defined as follows: Begin at the northwest corner of Lot of Land No.
11 in the Second Land District of Dooly County, Georgia, and thence
proceed south along the west line of General Militia District No. 1466
to the southwest corner of Lot of Land No. 150 in the Second Land
District of Dooly County, Georgia, being the southwest corner of
General Militia District No. 1466; thence continue south along the
west line of General Militia District No. 1479 to its point of inter-
section with the center run of the north prong of Little Pennahatchee
Creek; thence proceed in a southwesterly direction along the center
run of the north prong of Little Pennahatchee Creek to its point of
intersection with the center line of County Road No. 116; thence
proceed in an easterly direction along the center line of County Road
No. 116 to its point of intersection with the center line of State Route
GEORGIA LAWS 1981 SESSION
3705
No. 7, also known as U. S. Highway No. 41; thence proceed in a
southerly direction along center line of State Route No. 7 to its point
of intersection with the north corporate limit of the City of Vienna,
Georgia; thence proceed in a counterclockwise direction along the
corporate limit of the City of Vienna, Georgia, to its point of inter-
section again with the center line of State Route No. 7 in Lot of Land
No. 59 in the Seventh Land District of said Dooly County, Georgia;
thence proceed south along the center line of State Route No. 7 to its
point of intersection with the south county line of Dooly County,
Georgia.
Dooly County Road District No. 3
All that portion of Dooly County, Georgia, lying easterly and
southerly of a line defined as follows: Begin at the point of inter-
section of the center line of State Route No. 7, also known as U. S.
Highway No. 41, and the south county line of Dooly County, Georgia;
thence proceed in a northerly direction along the center line of State
Route No. 7 to its point of intersection with the south corporate limit
of the City of Vienna, Georgia; thence proceed in a clockwise direction
along the corporate limit of the City of Vienna, Georgia, to its point of
intersection again with the center line of State Route No. 7 in Lot of
Land No. 55 in the Seventh Land District of Dooly County, Georgia;
thence proceed in a northerly direction along the center line of State
Route No. 7 to its point of intersection with the center line of County
Road No. 155; thence proceed in an easterly direction along the center
line of County Road No. 155 to its point of intersection with the
center line of County Road No. 154; thence proceed in a northeasterly
direction along the center line of County Road No. 154 to its point of
intersection with the center line of County Road No. 215; thence
proceed in an easterly direction along the center line of County Road
No. 215 to its point of intersection with the center run of Wildcat
Creek; thence continue in an easterly direction along the center run of
Wildcat Creek to its point of confluence with the center run of
Bratcher Creek to form Cedar Creek; thence continue in an easterly
direction along the center run of Cedar Creek to the east county line
of Dooly County, Georgia.
Section 2. Said Act is further amended by repealing in their
entirety the amendatory Act approved March 2,1943 (Ga. Laws 1943,
p. 951) and the amendatory Act approved February 26, 1947 (Ga.
Laws 1947, p. 143).
223
3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking in its entirety
Section 4 and inserting in its place a new section to read as follows:
Section 4. (a) The members of the Board of Commissioners of
Dooly County who are in office on the effective date of this section
and who were elected pursuant to the order of the United States
District Court for the Middle District of Georgia in Civil Action No.
79-43-AMER shall serve for the terms provided in that order, which
terms are: until January 1, 1985, for the District 1 Commissioner;
until January 1, 1983, for the District 2 Commissioner; and until
January 1,1987, for the District 3 Commissioner.
(b) (1) A successor to each of these current members and their
successors shall be elected from the road district of the same
number at the general election preceding the expiration of each
term; and each such future member shall serve for a term of six
years beginning on January 1 following his election and until his
successor is elected and qualified.
(2) Each candidate in such future elections must be a resi-
dent of the district he seeks to represent at the time he qualifies.
(3) Election of each such future member shall be by the
voters of the district represented only.
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 Proposed Local Legislation.
Notice is, as provided by the Constitution of the State of Georgia,
hereby given that there will be introduced at the regular 1981 Session
of the General Assembly of Georgia, a bill to amend an Act creating a
board of commissioners of roads and revenues for the County of
Dooly, approved August 18,1913 (Ga. Laws 1913, p. 373), as amended
by an Act approved August 9, 1919 (Ga. Laws 1919, p. 639), an Act
approved August 13, 1929 (Ga. Laws 1929, p. 594), an Act approved
March 2,1943 (Ga. Laws 1943, p. 951), an Act approved February 26,
GEORGIA LAWS 1981 SESSION
3707
1947 (Ga. Laws 1947, p. 143), an Act approved March 12, 1953 (Ga.
Laws 1953, Jan.-Feb. Sess., p. 3291), an Act approved March 17,1960
(Ga. Laws 1960, p. 2882), and an Act approved April 4,1967 (Ga. Laws
1967, p. 2586), so as to create new road districts for the election of
commissioners; to provide for the election, terms, and qualifications
of commissioners; to provide for all related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
This, 31st day of December, 1980.
Howard Rainey
Representative,
District 135
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 Intro-
duce Local Legislation was published in the Vienna News-Observer
which is the official organ of Dooly County, on the following dates:
January 7,14,21,1981.
/s/ Howard H. Rainey
Representative,
135th District
Sworn to and subscribed before me,
this 21st day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SUGAR HILLCOUNCIL MEMBERS,
TERMS, ETC.
No. 268 (House Bill No. 552).
AN ACT
To amend an Act providing a new charter for the City of Sugar
Hill, Georgia, approved April 17, 1975 (Ga. Laws 1975, p. 3232), as
amended, so as to change the terms and election time of certain
council members; to provide for designations for office; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Sugar
Hill, Georgia, approved April 17, 1975 (Ga. Laws 1975, p. 3232), as
amended, is hereby amended by designating the first paragraph of
Section 2.11 thereof as subsection (a) and by adding immediately
thereafter a new subsection (b) to read as follows:
(b) Notwithstanding the provisions of subsection (a) of this
Section, any person desiring to succeed to the office on the council
held on February 1,1981, by Ms. Michael Smith shall so designate at
the time of qualifying for election to such office in 1982. The person
elected to such office in 1982 shall take office on January 1,1983, for a
term of office ending on December 31, 1985, and upon the election
and qualification of a successor. Thereafter all successors to such
office shall be elected in the odd-numbered year in which the term of
such office expires, shall take office on the first day of January
immediately following such election, and shall serve for a term of
office of two years and until the election and qualification of a
successor. Beginning in 1984, the mayor and two members of the
council shall be elected in even-numbered years, shall take office on
the first day of January following such election, and shall st.'ve for a
term of office of two years and until the election and qualification of a
GEORGIA LAWS 1981 SESSION
3709
successor. Beginning in 1985, the remaining three members of the
council shall be elected in odd-numbered years, shall take office on
the first day of January following such election, and shall serve for a
term of office of two years and until the election and qualification of a
successor.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Local Legislation.
Notice is hereby given by the undersigned that local legislation
will be introduced in the General Assembly of Georgia, which con-
venes in January, 1981, to amend Section 2.11 of the present Charter
of the City of Sugar Hill, Georgia, Acts of 1975, Pp. 3234-3269 to
change the terms of office of the Mayor and Council so as to provide
that the Mayor and two council persons shall be elected in even years
and the other three council persons shall be elected in odd years and
to provide for transition required by the proposed Amendment. This
notice is given in compliance with Georgia Code Annotated Section 2-
1309 and 47-801.
/s/ Jack Bramblett
City Manager
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Martin who, on oath, 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 7,
13,20,1981.
/s/ Charles Martin
Representative,
60th District
3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BARROW COUNTYEXPENSE ACCOUNTS OF
BOARD OF COMMISSIONERS.
No. 269 (House Bill No. 562).
AN ACT
To amend an Act recreating and establishing a board of commis-
sioners of Barrow County, approved April 2,1976 (Ga. Laws 1976, p.
4033), as amended, particularly by an Act approved March 24,1978
(Ga. Laws 1978, p. 4232), so as to change provisions relating to the
expense allowance of members of said 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 recreating and establishing a board of com-
missioners of Barrow County, approved April 2,1976 (Ga. Laws 1976,
p. 4033), as amended, particularly by an Act approved March 24,1978
(Ga. Laws 1978, p. 4232), is hereby amended by striking subsection
GEORGIA LAWS 1981 SESSION
3711
(a) of Section 11 and inserting in lieu thereof a new subsection (a) of
Section 11 to read as follows:
(a) (1) The chairman of the Board shall be compensated in the
amount of $12,000.00 per annum; provided, that beginning on the
first day of the term for which a chairman is elected at the general
election to be held in 1980, the chairman shall be compensated in
the amount of $15,000.00 per annum. The salary of the chairman
shall be paid in equal monthly installments from the funds of
Barrow County. The chairman shall be on a full-time basis and
shall devote himself solely to the duties of his office.
(2) The members of the Board other than the chairman
shall be compensated in the amount of $200.00 per month, to be
paid from the funds of Barrow County, and shall devote the time
necessary in assisting the chairman.
(3) The chairman and each other member of the Board may
receive an expense allowance of $25.00 per day for each day spent
in the execution of their official duties. The expense allowance
may be payable for not more than six days in each calendar month
and shall not be payable with respect to the one day in each month
upon which a session of the Board is required to be held pursuant
to Section 13 of this Act. The allowance authorized by this
paragraph may be payable monthly upon presentation of a written
statement by the member seeking the allowance of the number of
days for which the allowance is claimed and the official duties
performed by the member on each such day. The statements
required pursuant to this paragraph shall be kept on file with the
Board for not less than four years and shall be available for public
inspection at all reasonable times.
(4) The chairman and members of the Board of Commis-
sioners shall be reimbursed from the funds of Barrow County for
the necessary and actual expenses in the execution of their official
duties and not reimbursed pursuant to paragraph (3) of this
subsection.
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.
3712 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
1981 session of the General Assembly of Georgia a bill to amend an
Act recreating and establishing a Board of Commissioners of Barrow
County, approved April 2,1976 (Ga. Laws 1976, p. 4033), as amended,
particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p.
4232), so as to change provisions relating to expense allowances of
members of the board of commissioners; and for other purposes.
This 19th day of December, 1980.
/s/ Anne J. Segars
Chairman, Board of
Commissioners of
Barrow County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John D. Russell who, on oath, deposes
and says that he/she is Representative from the 64th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Winder News which is the official
organ of Barrow County, on the following dates: December 23, 30,
1980 and January 7,1981.
/s/ John D. Russell
Representative,
64th District
GEORGIA LAWS 1981 SESSION
3713
Sworn to and subscribed before me,
this 29th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF AUGUSTAELECTIONS.
No. 270 (House Bill No. 564).
AN ACT
To amend an Act chartering the City of Augusta as the City
Council of Augusta, approved January 31,1798 (Marburys Digest,
p. 136), and the Acts amendatory thereof, approved February 8,1955
(Ga. Laws 1955, p. 2120), March 4,1964 (Ga. Laws 1964, p. 2403), and
March 25,1980 (Ga. Laws 1980, p. 3863), so as to reinstate a system
whereby council members shall be elected by a plurality of the votes
cast; to provide for a system for breaking ties in the election of
councilmen; to continue the majority election of the mayor of the City
of Augusta; to provide a run-off election where no candidate for
mayor receives a majority of the votes cast in the general election; to
provide for election of the mayor by plurality in any mayoral run-off
election; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act chartering the City of Augusta as the City
Council of Augusta, approved January 31, 1798 (Marburys Digest,
p. 136), and the Acts amendatory thereof, approved February 8,1955
(Ga. Laws 1955, p. 2120), March 4,1964 (Ga. Laws 1964, p. 2403), and
3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
March 25, 1980 (Ga. Laws 1980, p. 3863), are hereby amended by
striking from the last sentence of the section captioned Ascertain-
ment of Election Results, which appears at Ga. Laws 1955, p. 2120,
at pp. 2136 and 2137, the following:
majority,
said word appearing on the twenty-fifth line from the top of Ga. Laws
1955, p. 2137, as amended by Ga. Laws 1980, p. 3863, at p. 3864, and
inserting in lieu thereof the following:
plurality.
Section 2. Said Acts are further amended by striking in its
entirety the section captioned Run-off Election, which appears at
Ga. Laws 1964, p. 2403, at p. 2404, as amended by Ga. Laws 1980, p.
3863, at p. 3864, and inserting in lieu thereof a new section to read as
follows:
Run-off Election: In the event that no person shall have received
the majority of the consolidated votes cast in any election for the
office of mayor, 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
office of mayor 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 deter-
mining those who received the highest number of the consolidated
votes cast, then the three persons receiving the highest number of the
consolidated votes 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 govern 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 1981 SESSION
3715
Section 3. Said Acts are further amended by the addition of the
following section, captioned Ties in Election of Council Members,
to be inserted in the Acts chartering the City of Augusta, next
following the section, captioned Ascertainment of Election Results,
appearing at Ga. Laws 1955, p. 2120, at pp. 2136 and 2137, as
amended by Ga. Laws 1980, p. 3863, at p. 3864:
Ties in Election of Council Members. In an election for Council,
in the event of any two or more candidates having the highest and an
equal number of votes, then the members of the Council shall decide
by a majority vote which of the persons having such equal number
shall be councilman.
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, 1981 Session of the General Assembly of
Georgia, to amend the Charter and Laws pertaining to the City
Council of Augusta, Georgia, so as to rescind the 1980 Act providing
for the majority election of Council members and re-instate the
requirement that Council members be elected by a plurality of the
votes cast.
Samuel F. McGuire
Attorney for the City
Council of
Augusta, Georgia
State of Georgia
County of Richmond.
Personally appeared, W. S. Morris, III, who, being duly sworn
deposes and says that he is the President of Southeastern Newspaper
Corporation, publishers of the Augusta Herald, a daily newspaper in
Augusta, Georgia, in said State and County, and that the advertise-
3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment notice, of which the annexed is a true copy, was published in
said paper on the following dates, to-wit: December 15,22,29,1980.
M W. S. Morris, III
Sworn to and subscribed before me,
this 31st day of Dec., 1980.
/s/ Marie B. Marriott
Notary Public, Richmond County, Ga.
(Seal).
Approved April 6,1981.
CITY OF BLAKELYCHARTER AMENDED.
No. 272 (House Bill No. 581).
AN ACT
To amend an Act incorporating the City of Blakely, approved
December 18,1900 (Ga. Laws 1900, p. 219), as amended, particularly
by an Act approved March 17,1960 (Ga. Laws 1960, p. 2414), an Act
approved March 5, 1968 (Ga. Laws 1968, p. 2112), and an Act
approved March 10,1970 (Ga. Laws 1970, p. 2311), so as to change the
compensation of the mayor and councilmen; to authorize the mayor
and council to establish appropriate schedules of fees for the collec-
tion of garbage and waste; to authorize the city to acquire, construct,
operate, and maintain property or facilities by condemnation or
otherwise, inside or outside the city limits; to authorize the city to
establish and enforce rules and regulations by ordinance to preserve
order, peace, and dignity on any property or facility so acquired inside
or outside the corporate limits of the city; to repeal conflicting laws;
and for other purposes.
GEORGIA LAWS 1981 SESSION
3717
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Blakely, approved
December 18,1900 (Ga. Laws 1900, p. 219), as amended, particularly
by an Act approved March 17,1960 (Ga. Laws 1960, p. 2414), an Act
approved March 5, 1968 (Ga. Laws 1968, p. 2112), and an Act
approved March 10,1970 (Ga. Laws 1970, p. 2311), is hereby amended
by striking Section 2 of the amendatory Act, approved March 17,1960
(Ga. Laws 1960, p. 2414), in its entirety and inserting in lieu thereof a
new Section 2 of said amendatory Act to read as follows:
Section 2. The salary of the mayor of the City of Blakely is
hereby increased from $100.00 per annum to $150.00 per month, and
that of each of the councilmen of said city from $25.00 per annum to
$100.00 per month, said increased salaries to become effective begin-
ning with the calendar month next subsequent to that of the approval
of this Act.
Section 2. Said Act is further amended by striking Section 18A
in its entirety and inserting in lieu thereof a new Section 18A to read
as follows:
Section 18A. The mayor and council are authorized to provide by
municipal ordinance for the collection and disposal of garbage and
waste within the corporate limits of said city. The mayor and council
are further authorized to establish appropriate schedules of fees.
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:
Section 22. 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, ceme-
teries, public buildings, libraries, sanitary landfill, sewers, drains,
sewage treatment or waterworks systems, electrical or gas systems,
airports, hospitals, and charitable, educational, flood control, recrea-
tional, 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 regula-
tions necessary to preserve order, peace, and dignity on any property
or facilities so acquired inside or outside the corporate limits of the
city.
3718 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 Legislature.
Notice is hereby given that there will be introduced at the 1981
regular session of the General Assembly of Georgia, a Bill to amend an
Act incorporating the City of Blakely, approved December 18, 1900
(Ga. Laws 1900, page 219), as amended; and for other purposes.
This 15th day of January, 1981.
/a/ C. H. Jacob, Jr.
Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ralph J. Balkcom who, on oath,
deposes and says that he/she is Representative from the 140th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Early County News
which is the official organ of Early County, on the following dates:
January 15,22,29,1981.
/s/ Ralph J. Balkcom
Representative,
140th District
GEORGIA LAWS 1981 SESSION
3719
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
WALKER COUNTYCORONERS COMPENSATION.
No. 273 (House Bill No. 586).
AN ACT
To amend an Act placing the coroner of Walker County upon a
monthly salary, approved March 29,1965 (Ga. Laws 1965, p. 2710), as
amended by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3271), so as to provide for a mileage allowance for the coroner; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Walker County upon a
monthly salary, approved March 29,1965 (Ga. Laws 1965, p. 2710), as
amended by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3271), is hereby amended by adding at the end of Section 1 the
following:
The Coroner shall also receive a mileage allowance of 20m per
mile when traveling by personal motor vehicle in the performance of
his duties.,
3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended Section 1 shall read as follows:
Section 1. The Coroner of Walker County is hereby placed upon
a salary of $300.00 per month in lieu of the fee system of compensa-
tion formerly allowed said officer. Said salary shall be in lieu of all
fees, commissions, emoluments, and perquisites of whatever kind
formerly allowed the Coroner of Walker County for his services as
such. The Coroner shall also receive a mileage allowance of 20c per
mile when traveling by personal motor vehicle in the performance of
his duties.
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 Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill relative to a
mileage allowance for the Coroner of Walker County; and for other
purposes.
This 7th day of January, 1981.
Wayne Snow, Jr.
Representative,
1st District
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
GEORGIA LAWS 1981 SESSION
3721
Legislation was published in the Walker County Messenger which is
the official organ of Walker County, on the following dates: January
14,21 and 28,1981.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
WALKER COUNTYCOMPENSATION OF PERSONNEL
IN TAX COMMISSIONERS OFFICE.
No. 274 (House Bill No. 587).
AN ACT
To amend an Act creating the office of Tax Commissioner of
Walker County, approved January 27,1964 (Ga. Laws 1964, p. 2018),
as amended, so as to change the maximum compensation of person-
nel; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating the office of Tax Commissioner of
Walker County, approved January 27,1964 (Ga. Laws 1964, p. 2018),
as amended, is hereby amended by striking from subsection (a) of
Section 5 the figure:
$45,000.00,
and inserting in lieu thereof the figure:
$50,000.00,
so that when so amended said subsection shall read as follows:
(a) The Tax Commissioner shall have authority to appoint his
deputies, clerks, assistants and other personnel. Said Tax Commis-
sioner shall have the authority to set the salary of his deputies, clerks,
assistants and other personnel. The combined salaries of said depu-
ties, clerks, assistants or other personnel appointed by said official
shall not exceed the total sum of $50,000.00 per year. Each deputy,
clerk, assistant or other personnel shall be paid monthly. Said
salaries shall be paid from the special fund created by Section 2A of
this Act. If said special fund has insufficient funds with which to pay
all of said salaries, the special fund shall first be extinguished for said
purposes and the remainder of said salaries shall be paid from the
general funds of the county.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the office of Tax Commissioner of Walker County,
approved January 27, 1964 (Georgia Laws 1964, page 2018), as
amended; and for other purposes.
GEORGIA LAWS 1981 SESSION
3723
This 16th day of January, 1981.
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
the official organ of Walker County, on the following dates: January
21,28 and February 4,1981.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WALKER COUNTYCOMPENSATION OF PERSONNEL
IN OFFICE OF CLERK OF SUPERIOR COURT.
No. 275 (House Bill No. 588).
AN ACT
To amend an Act placing the clerk of the Superior Court of Walker
County on an annual salary, approved January 27, 1964 (Ga. Laws
1964, p. 2024), as amended, 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 the Superior Court of
Walker County on an annual salary, approved January 27,1964 (Ga.
Laws 1964, p. 2024), as amended, is hereby amended by striking from
subsection (a) of Section 4 the figure:
$45,000.00,
and inserting in lieu thereof the figure:
$50,000.00,
so that when so amended said subsection (a) shall read as follows:
(a) The above named officer shall have authority to appoint his
deputies, clerks, assistants and other personnel. Said clerk shall have
the authority to set the salary of his deputies, clerks, assistants and
other personnel. The combined salaries of said deputies, clerks,
assistants and other personnel appointed by said officer shall not
exceed the total sum of $50,000.00 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.
GEORGIA LAWS 1981 SESSION
3725
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the Clerk of the Superior Court of Walker County on an
annual salary approved January 27, 1964 (Georgia Laws 1964, page
2024), as amended; and for other purposes.
This 16th day of January, 1981.
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
the official organ of Walker County, on the following dates: January
21,28 and February 4,1981.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CAMILLAELECTIONS.
No. 276 (House Bill No. 591).
AN ACT
To amend an Act creating a new charter for the City of Camilla,
approved March 27,1972 (Ga. Laws 1972, p. 2919), as amended by an
Act approved April 17,1973 (Ga. Laws 1973, p. 3008), so as to redefine
the number of electors required on a nominating petition in city
elections; to eliminate the requirement of a nominating petition
where no party primary is conducted; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Camilla,
approved March 27,1972 (Ga. Laws 1972, p. 2919), as amended by an
Act approved April 17, 1973 (Ga. Laws 1973, p. 3008), is hereby
amended by striking in its entirety the second sentence in the last
paragraph of Section 2-3, which reads as follows:
No candidates name shall appear on a general election ballot
unless his name shall be certified as the winner of a political party
primary, or unless 35% of the registered voters of the city shall
petition to include the name of said candidates on the ballot.,
so that when so amended the last paragraph of Section 2-3 shall read
as follows:
In all elections held by the City of Camilla for the purpose of
selecting new members to the city council, candidates must declare by
number which post on the city council they are offering to fill. The
candidate receiving a majority of the votes cast for each respective
position shall be elected to the city council to fill that particular
vacancy on the council.
GEORGIA LAWS 1981 SESSION
3727
Section 2. Said Act is further amended by striking Section 5-2 in
its entirety and substituting in lieu thereof a new Section 5-2 to read
as follows:
Section 5-2. Qualification of candidates. Each candidate desir-
ing to have his name placed on the ballot for an office to be filled in a
city election shall file notice of candidacy in accordance with the
provisions of Code Section 34A-901 and shall pay such qualification
fee as may be fixed by the city council pursuant to Code Section 34A-
904. A candidate not having been nominated in a party primary shall
be required to accompany notice of candidacy with a nominating
petition except where no party primary is conducted for the purpose
of nominating candidates for the particular office sought. A nominat-
ing petition shall be signed by a number of electors of not less than 35
percent of the total number of electors eligible to vote in the last
regular city 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
1981 Session of the General Assembly of Georgia a bill to amend the
charter of the City of Camilla, Georgia, Ga. Laws, 1972, page 2919, as
amended, so as to redefine the number of electors required on a
nominating petition in city elections; to eliminate the requirement of
a nominating petition where no party primary is conducted; to repeal
conflicting laws; to provide an effective date, and for other purposes.
This 7th day of January, 1981.
Ron H. Raburn
City Manager
City of Camilla, Georgia
Frank S. Twitty, Jr.
City Attorney
3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Sheriffs advertisements regularly appear.
Deponent further states that the above and foregoing Notice of
Intention to Introduce Local Legislation was published in the said
Camilla Enterprise, once a week for three weeks, to-wit: January 9,
16, and 23,1981.
/s/ B. T. Burson
Sworn to and subscribed before me,
this 23rd day of January, 1981.
/s/ Adayna B. Broome
Notary Public.
Mv Commission Expires June 4, 1982.
(Seal).
Approved April 6,1981.
MITCHELL COUNTYFEES RECEIVED BY JUDGE
OF PROBATE COURT.
No. 277 (House Bill No. 592).
AN ACT
To amend an Act placing the Judge of the Probate Court of
Mitchell County, Georgia, on an annual salary, approved March 26,
GEORGIA LAWS 1981 SESSION
3729
1980 (Ga. laws 1980, p. 4088), so as to require all fees and other
compensation received by the Judge of the Probate Court of Mitchell
County, Georgia, as custodian of vital records and issuing certified
copies of such records shall not be retained by her but shall be paid
over into the county treasury; 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
Mitchell County, Georgia, on an annual salary, approved March 26,
1980 (Ga. Laws 1980, p. 4088), is hereby amended by striking from
Section 3 thereof the following:
and local custodian of vital records, including issuing certified
copies,
so that when so amended said Section 3 shall read as follows:
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for all services in any capacity, excepting compensation as
local registrar, 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.
3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
1981 Session of the General Assembly of Georgia a bill to require that
the fees and other compensation received by the Judge of Probate
Court of Mitchell County, Georgia, as custodian of vital records and
issuing certified copies of such records shall not be retained by her but
paid over into the County Treasury, and for other purposes.
This 7th day of January, 1981.
Board of Commissioners of
Mitchell County, Georgia
Frank S. Twitty
County Attorney
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 Sheriffs advertisements regularly appear.
Deponent further states that the above and foregoing Notice of
Intention to Introduce Local Legislation was published in the said
Camilla Enterprise, once a week for three weeks, to-wit: January 9,
16, and 23,1981.
/s/ B. T. Burson
GEORGIA LAWS 1981 SESSION
3731
Sworn to and subscribed before me,
this 23rd day of January, 1981.
/s/ Adayna B. Broome
Notary Public.
My Commission Expires June 4, 1982.
(Seal).
Approved April 6,1981.
MITCHELL COUNTYACT PLACING CORONER ON
SALARY BASIS REPEALED.
No. 278 (House Bill No. 593).
AN ACT
To repeal an Act placing the Coroner of Mitchell County, Georgia,
on a salary with travel allowances in lieu of the fee system, approved
March 26,1980 (Ga. Laws 1980, p. 4290); 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 Mitchell County,
Georgia, on a salary with travel allowances in lieu of the fee system,
approved March 26,1980 (Ga. Laws 1980, p. 4290), is hereby repealed
in its entirety.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3732 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
1981 Session of the General Assembly of Georgia a bill to repeal the
law placing the Coroner of Mitchell County, Georgia on a salary, and
for other purposes.
This 7th day of January, 1981.
Board of Commissioners of
Mitchell County, Georgia
Frank S. Twitty
County Attorney
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 Sheriffs advertisements regularly appear.
Deponent further states that the above and foregoing Notice of
Intention to Introduce Local Legislation was published in the said
Camilla Enterprise, once a week for three weeks, to-wit: January 9,
16, and 23,1981.
/s/ B. T. Burson
GEORGIA LAWS 1981 SESSION
3733
Sworn to and subscribed before me,
this 23rd day of January, 1981.
/s/ Adayna B. Broome
Notary Public.
My Commission Expires June 4, 1982.
(Seal).
Approved April 6,1981.
LAURENS COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 279 (House Bill No. 594).
AN ACT
To amend an Act creating and establishing a Small Claims Court
for Laurens County, approved March 2, 1979 (Ga. Laws 1979, p.
3071), as amended, particularly by an Act approved March 26, 1980
(Ga. Laws 1980, p. 4265), so as to change certain jurisdictional limits;
to provide for the judge of the Superior Court to serve as judge of the
Small Claims Court under certain circumstances; to change the
judges compensation; to provide an effective date; to repeal conflict-
ing 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 for Laurens County, approved March 2,1979 (Ga. Laws 1979, p.
3071), as amended, particularly by an Act approved March 26, 1980
(Ga. Laws 1980, p. 4265), is hereby amended by striking from Section
1 the following:
$1,000.00,
3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Laurens County. Said court shall have civil jurisdic-
tion 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,
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 Section
3 the following:
judge of the State Court,
and inserting in lieu thereof the following:
judge of the Superior Court,
so that when so amended Section 3 shall read as follows:
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
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 3. Said Act is further amended by striking from Section
5 the following:
$7,500.00,
GEORGIA LAWS 1981 SESSION
3735
and inserting in lieu thereof the following:
$9,000.00,
so that when so amended Section 5 shall read as follows:
Section 5. For his services as judge under this Act, the judge of
the Small Claims Court of Laurens County shall receive as his sole
compensation a salary of $9,000.00 per year. Such salary shall be
payable in equal monthly installments from the funds of Laurens
County. Any fee which this Act provides such judge for such services
shall be paid into the county treasury.
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.
Legal Ad.
Notice is hereby given that there will be introduced in the 1981
regular session of the General Assembly of Georgia, a bill to amend
the Act creating the Small Claims Court of Laurens County, by
raising the jurisdictional limit, altering the compensation of certain
court officials, to provide an effective date, and for other purposes.
Leon Green
County Attorney
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 Courier Herald which is the official
3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
organ of Laurens County, on the following dates: January 24, 31, and
February 7,1981.
/s/ J. Roy Rowland
Representative,
119th District
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY
AMENDED.
No. 280 (House Bill No. 606).
AN ACT
To amend an Act creating the Downtown Marietta Development
Authority, approved April 10, 1971 (Ga. Laws 1971, p. 3459), as
amended, so as to enlarge the Downtown Marietta District; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Downtown Marietta Develop-
ment Authority, approved April 10,1971 (Ga. Laws 1971, p. 3459), as
amended, is hereby amended by adding at the end of Section 3 the
following:
GEORGIA LAWS 1981 SESSION
3737
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
more particularly described as follows:
Beginning at the land lot corner of Land Lots 1290,1291,1230 and
1231, thence south 0 8 22 west a distance of 245.44 feet to an iron
pin at the right of way of Reynolds Street; thence along said right of
way of said Reynolds Street north 88 30 05 east a distance of 71.35
feet to an iron pin; thence continuing along said right of way north 84
11 03 east a distance of 106.75 feet to an iron pin; thence north 0 26
west along the boundary of the Downtown Marietta District and
other property a distance of 115.43 feet to an iron pin; thence north
86 58 09 west a distance of 9.35 feet to an iron pin; thence north 01
03 west a distance of 120.54 feet to an iron pin on the south right of
way of Tramell Street; thence south 88 42 51 west a distance of
164.55 feet along the right of way of said Tramell Street to an iron pin
and the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1231 of the 16th District, 2nd Section, Cobb County, Georgia, being
more particularly described as follows:
Beginning at a right of way marker at the intersection of the
northerly right of way of Crescent Circle with the westerly right of
way of Powder Springs Connector, and running thence southwesterly
along the boundary of the Downtown Marietta District and along the
right of way of Crescent Circle and following the curvature thereof a
total of 190.4 feet to a corner and property of Alice Heck; running
thence northwesterly 122 feet along said property to an iron pin;
running thence northerly 35.7 feet to a fence corner; running thence
easterly along property of the City of Marietta on which is located the
Total Activities Center 255.4 feet to the point of beginning.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
224
3738 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
1981 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 9th day of Jan., 1981.
/s/ Joe Mack Wilson
Representative
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: January 9,16,
23,1981.
/s/ Joe Mack Wilson
Representative,
19th District
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3739
WORTH COUNTYNAMED ACTS REPEALED.
RELATING TO WORTH AND OTHER NAMED COUNTIES.
No. 281 (House Bill No. 631).
AN ACT
To repeal certain obsolete or superseded laws relating in whole or
in part to Worth County; 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. The following laws, as amended, are hereby repealed
in their entirety:
(1) An Act to prevent the killing of Deer at certain periods of the
year in the Counties of Burke and Worth, approved February 18,1854
(Ga. Laws 1853-54, p. 336).
(2) An Act to make penal the using of any poisonous substance
in any of the water courses in the Counties of Thomas and Worth, for
the purpose of poisoning and catching fish, approved February 7,
1854 (Ga. Laws 1853-54, p. 343).
(3) An Act to reduce the Sheriffs bond of Worth, Hart and
Pickens counties, approved March 5,1856 (Ga. Laws 1855-56, p. 407).
(4) An Act to consolidate the offices of Tax Receiver and Tax
Collector of the county of Worth, approved March 1,1856 (Ga. Laws
1855-56, p. 407).
(5) An Act to protect the citizens of the counties of Worth,
Richmond, Clinch, Berrien and Bryan from the injurious conse-
quences of camp hunting by non-residents, approved March 4, 1856
(Ga. Laws 1855-56, p.411).
3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) An Act to compensate the petit Jurors of the counties of
Dougherty, Lee, Worth, Calhoun and Polk, approved February 13,
1856 (Ga. Laws 1855-56, p. 493).
(7) An Act to reduce the work on roads in the counties of Worth,
Irwin and Wayne, approved December 15, 1857 (Ga. Laws 1857, p.
296).
(8) An Act to authorize the Inferior Court of Worth county to
levy an extra tax, approved December 13, 1858 (Ga. Laws 1858, p.
191).
(9) An Act to prevent the pedling of Spirituous Liquors in the
county of Worth, approved December 17, 1860 (Ga. Laws 1860, p.
211).
(10) An Act to compensate the revisers of the jury-boxes, and
their clerk, in the county of Worth, approved August 26, 1872 (Ga.
Laws 1872, p.482).
(11) An Act to authorize the Ordinary of Worth county to assess
and levy a tax, as soon as he deems proper, and proceed to collect the
same, approved March 2,1874 (Ga. Laws 1874, p. 328).
(12) An Act to repeal all acts now of force in relation to the per
diem of Grand and Petit Jurors, so far as relates to the county of
Worth, approved March 2,1874 (Ga. Laws 1874, p. 367).
(13) An Act to allow the County Treasurer of Worth County to
have his office at his own residence, approved February 28,1874 (Ga.
Laws 1874, p. 406).
(14) An Act to protect the citizens of Worth and other counties of
this State from the injurious effects of camp hunting, approved
March 2,1874 (Ga. Laws 1874, p. 406).
(15) An Act to regulate the compensation of jurors in the counties
of Dougherty, Worth and Baker, approved February 25, 1875 (Ga.
Laws 1875, p. 94).
(16) An Act to prevent fishing in the waters of Worth County with
seines, traps, gill nets, or otherwise, except as hereinafter provided,
approved February 17,1876 (Ga. Laws 1876, p. 352).
GEORGIA LAWS 1981 SESSION
3741
(17) An Act to regulate the pay of grand and petit jurors in the
county of Worth, approved February 2,1876 (Ga. Laws 1876, p. 383).
(18) An Act to order an election to determine if the sale of
intoxicating liquors, malt drinks, or intoxicating spirits of any kind
shall be prohibited in the county of Worth, State of Georgia,
approved September 29,1881 (Ga. Laws 1880-81, p. 633).
(19) An Act to amend an Act entitled an Act to order an election
to determine if the sale of intoxicating liquors, malt drinks, or
intoxicating spirits of any kind shall be prohibited in the county of
Worth, State of Georgia, by adding a fifth section to said Act
prescribing a penalty for the violation of the same, approved
December 12,1882 (Ga. Laws 1882-83, p. 564).
(20) An Act to exempt the county of Worth from the operation of
all road laws now in force, which exempts road hands from being
compelled to work on roads more than three miles from their resi-
dences, approved December 12,1882 (Ga. Laws 1882-83, p. 616).
(21) An Act prohibiting seining in any waters, lakes, ponds or
running streams in the county of Worth, approved October 6, 1891
(Ga. Laws 1890-91, V.II, p. 956).
(22) An Act to create a school district at Doles, in the sixteenth
district of Worth County, approved August 18,1903 (Ga. Laws 1903,
p. 219).
(23) An Act to create a school district at Fillyaw, in the sixteenth
district of Worth County, approved August 17,1903 (Ga. Laws 1903,
p. 232).
(24) An Act to incorporate the Bradshaw school district in Worth
County, Georgia, approved August 22,1905 (Ga. Laws 1905, p. 436).
(25) An Act to incorporate the Union school district in Worth
County and define the boundaries of the same, approved August 22,
1905 (Ga. Laws 1905, p. 530).
(26) An Act to regulate the butchering, dressing and otherwise
preparing for market any cattle, goats or sheep in Worth county,
Georgia, approved August 12,1910 (Ga. Laws 1910, p. 310).
3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(27) An Act to reduce the official bond of the Sheriff of Worth
County, Georgia, from $10,000 to $5,000, approved December 14,1938
(Ga. Laws 1937-38, p. 915).
(28) An Act to provide for the election of members of the Board of
Education of Worth County by the people and for the appointment of
the County School Superintendent of Worth County by the Board,
approved April 17,1975 (Ga. Laws 1975, p. 4202).
Section 2. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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 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
1981 Session of the General Assembly of Georgia, a bill to repeal
certain obsolete or superseded laws relating in whole or in part to
Worth County; and for other purposes.
This 6th day of January, 1981.
Earleen Sizemore
Representative,
136th District
GEORGIA LAWS 1981 SESSION
3743
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 Intro-
duce Local Legislation was published in the Sylvester Local which is
the official organ of Worth County, on the following dates: January 6,
13,20,1981.
/s/ Earleen Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 12th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
TURNER COUNTYNAMED ACTS REPEALED.
No. 282 (House Bill No. 642).
AN ACT
To repeal certain obsolete or superseded laws relating in whole or
in part to Turner County; to provide for other matters relative to the
foregoing; to provide for severability; to repeal conflicting laws; and
for other purposes.
3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. The following laws, as amended, are hereby repealed
in their entirety:
(1) An Act to fix the compensation of the ordinary of Turner
County for attending to matters pertaining to roads and revenues in
said county, approved August 18,1906 (Ga. Laws 1906, p. 459).
(2) An Act to create a board of commissioners of roads and
revenues for Turner County, approved August 14, 1908 (Ga. Laws
1908, p. 353).
(3) An Act to provide a vice chairman of the board of commis-
sioners of roads and revenues for Turner County, approved August
11,1909 (Ga. Laws 1909, p. 470).
(4) An Act to extend the terms of the members of the board of
commissioners of roads and revenues for Turner County, approved
August 15,1910 (Ga. Laws 1910, p. 304).
(5) An Act to regulate the killing of cattle, hogs, sheep, goats in
the county of Turner, and to require people who butcher said animals,
to register all marks and brands of all such that are killed or offered
for sale in said county, approved August 17,1911 (Ga. Laws 1911, p.
506).
(6) An Act authorizing the County Authorities of Turner County
to pay the Clerk and Sheriff of the Superior Court of said County, and
the Clerk and Sheriff of the City Court of Ashburn their costs in
criminal cases in which the defendant is sent to the chain-gang of said
County, approved August 1,1921 (Ga. Laws 1921, p. 576).
(7) An Act to create a Board of Commissioners of Roads and
Revenues for the County of Turner, State of Georgia, approved
August 14,1925 (Ga. Laws 1925, p. 768).
(8) An Act to amend an Act creating a Board of Commissioners
of Roads and Revenues for Turner County, approved August 18,1927
(Ga. Laws 1927, p. 702), as amended, so as to provide for two (2)
additional members to the board of county commissioners, approved
March 9,1959 (Ga. Laws 1959, p. 2574).
GEORGIA LAWS 1981 SESSION
3745
(9) An Act to create a one member commissioner of roads and
revenues for Turner County, Georgia, approved March 22,1963 (Ga.
Laws 1963, p. 2471).
Section 2. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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 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
1981 Session of the General Assembly of Georgia, a bill to repeal
certain obsolete or superseded laws relating in whole or in part to
Turner County; and for other purposes.
This 8th day of January, 1981.
Earleen Sizemore,
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 Intro-
3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duce Local Legislation was published in the Wiregrass Farmer which
is the official organ of Turner County, on the following dates: January
8,15,22,1981.
/s/ Earleen Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 12th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
TOWN OF RESACANEW CHARTER.
No. 283 (House Bill No. 659).
AN ACT
To incorporate the Town of Resaca in the County of Gordon and
provide a charter therefor; to provide for the corporate powers of said
Town; to provide for the governing authority; to provide for the
administrative affairs of said Town; to provide for a municipal court;
to provide for elections; to provide for financial and fiscal affairs of
said Town; to provide for certain general provisions; to provide for
other matters relative to the foregoing; to provide for severability; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1981 SESSION
3747
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 Resaca. The Town of Resaca, Georgia, in the
County of Gordon and the inhabitants thereof, are hereby constituted
and declared a body politic and corporate under the same name and
style of the Mayor and Town Council of Resaca, 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.
Sectionl.il. Corporate Boundaries, (a) The boundaries of the
Town of Resaca shall extend a distance of three quarters of one mile
in every direction from the present intersection of U. S. Highway 41
with Georgia State Highway 136 with such alterations as may be
made from time to time in the manner provided by law. The current
boundaries of the Town of Resaca, at all times, shall be shown on a
map to be retained permanently in the office of Town Clerk and to be
designated: Town of Resaca, Georgia. Alterations in these bound-
aries shall be indicated by appropriate entries upon or additions to
such map. Such entries or additions shall be made by and under the
directions of the Mayor. Photographic or other copies of such map
certified by the Mayor shall be admitted as evidence in all courts and
shall have the same force and effect as with the original map.
(b) The Town 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
Town 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;
3748 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
Town taxes or fees;
(4) Appropriations and Expenditures. To make appropriations
for 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) Municipal Debts. To appropriate and borrow money for the
payment of debts of the Town and to issue bonds for the purpose of
raising revenue to carry out any project, program or venture autho-
rized 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
Town;
(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 Town 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 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 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 1981 SESSION
3749
(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, estab-
lish 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; 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, con-
struction, 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 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 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 construc-
tion 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
3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
like as the Town 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 inflam-
mable 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 itiner-
ant trades, theatrical performances, exhibitions, shows of any kind
whatever, by taxation or otherwise; to license, tax, regulate or pro-
hibit 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 Town 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 Town;
(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;
GEORGIA LAWS 1981 SESSION
3751
(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 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;
(25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to
assure the acquiring, constructing, equipping, operating, maintain-
ing, 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 abate-
ment whether on public or private property;
(27) Municipal Property Protection. To provide for the preserva-
tion 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;
(28) Jail Sentences. To provide that persons given jail sentences
in the Towns court may 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;
(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,
3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Town;
(31) Taxicabs. To regulate and license vehicles operated for hire
in the Town; to limit the number of such vehicles; to require the
operators thereof to be licensed; to require public liability insurance
on such vehicles in the amounts to be prescribed by ordinance; and to
regulate 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 Town;
(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) Town Agencies and Delegation of Power. To create, alter or
abolish departments, boards, offices, commissions and agencies of the
Town, and to confer upon such agencies the necessary and appropri-
ate authority for carrying out all the powers conferred upon or
delegated to same;
(36) Penalties. To provide penalties for violations of any ordi-
nance adopted pursuant to the authority of this charter and the laws
of the State of Georgia;
(37) Police and Fire Protection. To exercise the power of arrest
through duly appointed policemen and to organize and operate a fire
fighting agency;
(38) Emergencies. To establish procedures for determining and
proclaiming that an emergency situation exists 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;
GEORGIA LAWS 1981 SESSION
3753
(39) Urban Redevelopment. To organize and operate an urban
redevelopment program;
(40) Public Transportation. To organize such public trans-
portation 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 Town 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 Town and its inhabi-
tants; 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 Town, its officers, agencies, or
employees shall be carried into execution as provided by this charter.
If this charter makes no provision, such shall be carried into execution
as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation; Composition; Number; Election. The
governing authority of this Town shall be composed of a Mayor and
four Councilmen who shall be elected in the manner provided by
Article V of this charter.
3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.11. Terms and Qualification of Office. Except for
certain initial terms, the members of the Town Council shall serve for
terms of four years and until the election and qualification of their
respective successors. The Mayor shall serve for a term of two years
and until the election and qualification of a successor. No person
shall be eligible to serve as Mayor or Councilman unless such person
shall have been a resident of the area comprising the corporate limits
of the Town of Resaca for a period of one year immediately prior to
the date of the election of Mayor or member 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 Town.
Section 2.12. Vacancy; Filling of; Forfeiture of Office, (a) The
office of Mayor or Councilman shall become vacant upon the incum-
bents 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 qualifica-
tions 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 Town shall be fixed by said Mayor and
Council at the first regularly scheduled meeting in the month follow-
ing the Towns regular election except as otherwise limited by the
general laws of the State of Georgia and shall not exceed $50.00 a
month for the Mayor and $10.00 a month for each Councilman. The
Mayor and Councilmen shall be entitled to receive their actual and
necessary expenses incurred in the performance of their duties.
GEORGIA LAWS 1981 SESSION
3755
Section 2.14. Prohibitions. Except as authorized by law, no
member of the Council shall hold any other elective Town office or
Town 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 Town.
Section 2.16. Inquiries and Investigations. The Council may
make inquiries and investigations into the affairs of the Town and the
conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the Council shall be punished as provided by ordinance.
Section 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 Town 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 inconsis-
tent 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, sanita-
tion, comfort, convenience, prosperity, or well-being of the inhabi-
tants of this Town. 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 Town and may
assign additional functions to any of the offices, agencies and depart-
ments expressly provided for by this charter.
Section 2.18. Chief Executive Officer. The Mayor shall be the
chief executive of this Town. 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 administra-
tive powers contained in this charter.
3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.19. Powers and Duties of Mayor. As the chief
executive of this Town, the Mayor:
(a) shall see that all laws and ordinances of the Town 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) may appoint and remove all officers, department heads, and
employees of the Town by and with the consent of Council as
otherwise provided for in this charter;
(d) shall exercise supervision over all executive and administra-
tive work of the Town and provide for the coordination of administra-
tive 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 Town 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 Town, 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 in
Section 2.23(b);
(i) shall approve or disapprove ordinances as provided in Section
2.20;
(j) may examine and audit all accounts of the Town;
(k) may require any department or agency of the Town 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 1981 SESSION
3757
Section 2.20. Submission of Ordinances to the Mayor; Veto
Power, (a) Every ordinance adopted by the Council shall be pre-
sented promptly by the Clerk to the Mayor.
(b) The Mayor, within ten calendar days of receipt of an ordi-
nance, 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 oclock 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 Mayors 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 Tem; Selection; Duties. 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
Mayors 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 2.22. Organization Meeting, (a) The Mayor and
Council initially elected under this charter shall meet for organization
on the second Tuesday in May, 1981, and biennially thereafter. The
initial meeting shall be called to order by the presiding judge of the
Superior Court of Gordon County who shall also administer the
following oath to those newly elected Mayor and Council members:
3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I do solemnly swear that I will well and truly perform the
duties of (Mayor or Councilman as the case may be) of this
Town and that I will support and defend the charter thereof as
well as the Constitution and laws of the State of Georgia and of
the United States of America.
(b) Following the induction of members, the Council, by major-
ity vote of all the members thereof, shall elect one of their number to
be Mayor Pro Tern, who shall serve for a term of office of two years
and until the election and qualification of a successor.
(c) All organizational meetings after the initial one shall be
called to order by the Town Clerk, who shall also administer the oath
of office provided in this Section to the newly elected members.
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 and notice to the public of special
meetings shall be made as fully as is reasonably possible forty-eight
hours prior to such meetings.
Section 2.24. Rules of Procedure. The Council shall adopt its
rules of procedure and order of business consistent with the provi-
GEORGIA LAWS 1981 SESSION
3759
sions 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 consti-
tute 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 a majority of the Council shall be required for
the adoption of any ordinance, resolution, or motion except as other-
wise provided in this charter.
Section 2.26. Action Requiring an Ordinance. 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 Town of Resaca
hereby ordains... and every ordinance shall so begin.
Section 2.27. Emergency Ordinances. To meet a public emer-
gency 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 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 intro-
duced but the affirmative vote of a majority of the Council shall be
required for adoption. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance shall
automatically stand repealed 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 adop-
tion of a repealing ordinance in the same manner specified in this
Section for adoption of emergency ordinances.
3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ordi-
nances 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 Town Clerk pursuant to Section 2.29 of this
charter.
(b) Copies of any adopted code of technical regulations may
be made available by the Town Clerk for distribution or for purchase
at a reasonable price.
Section 2.29. Signing, Authenticating, Recording; Codifying,
Printing, (a) The Town Clerk shall authenticate by his or her
signature and record in full in a properly indexed book kept for the
purpose all ordinances adopted by 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 Town. The general codifica-
tion 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 Town of Resaca, Georgia. Copies of the Code may be
furnished to all officers, departments, and agencies of the Town 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. Follow-
ing publication of the first Code of this Town 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
GEORGIA LAWS 1981 SESSION
3761
shall be suitable in form for incorporation 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 agen-
cies of the Town, as necessary for the proper administration of the
affairs and government of this Town.
(b) Except as otherwise provided by this charter or general State
law, department heads and other appointed officers of the Town 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 department heads shall receive
such compensation as prescribed by Council.
(d) There may be a supervisor of each department or agency who
shall be its principal officer. Each supervisor shall, subject to the
direction and supervision of the Mayor, be responsible for the admin-
istration and direction of the affairs and operations of his department
or agency.
(e) All supervisors 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 supervisors under his
supervision. The supervisor involved may appeal to the Council who,
after a hearing, may override the Mayors action by a vote of four
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-legisla-
tive function the Council deems necessary and shall by ordinance
establish the composition, period of existence, duties and powers
thereof.
3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) All members of boards, commissions and authorities of the
Town 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 reim-
bursement 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
Town 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 Town 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 four members of the
Council.
(g) Except as otherwise provided by this charter or by general
State law, each board, commission or authority of the Town shall
elect one of its members as chairman and one member as vice
chairman and may elect as its secretary one of its 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 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 Town.
Section 3.12. Town Attorney. The Council may appoint a Town
Attorney, together with such assistant Town Attorneys as may be
authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the Town. The Town Attorney
shall be responsible for representing and defending the Town in all
litigation in which the Town is a party; may be the prosecuting officer
in the municipal court; shall attend the meetings of the Council as
directed; shall advise the Council, Mayor and other officers and
GEORGIA LAWS 1981 SESSION
3763
employees of the Town concerning legal aspects of the Towns affairs;
and shall perform such other duties as may be required of him by
virtue of his position as Town Attorney.
Section 3.13. Town Clerk. The Council may appoint a Town
Clerk to keep a journal of the proceedings of the Town Council and to
maintain in a safe place all records and documents pertaining to the
affairs of the Town 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 Town subject to the provisions of this charter and the ordi-
nances of the Town, and the Tax Collector shall diligently comply
with and endorce all general laws of the State of Georgia relating to
the collection, sale or foreclosure of taxes by municipalities.
Section 3.15. Town Accountant. The Council may appoint a
Town 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 Town Clerk, Town
Tax Collector and Town 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.
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Creation of Recorders Court. There is hereby
established a court to be known as the Recorders Court of the Town
which shall have jurisdiction and authority to try offenses against the
laws and ordinances of the Town and to punish for a violation of the
same.
Section 4.11. Mayor to be Judge of Recorders Court, (a) The
Recorders Court shall be presided over by the Mayor 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 an Associ-
ate Judge of the Recorders Court unless he shall have attained the
age of 21 years and be a resident of the same judicial circuit as the
3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Recorders Court is located in. All Associate Judges shall be
appointed by Council.
(c) Compensation of the Judges shall be determined by a major-
ity of the Council who may also remove for cause such Judge or
Judges by an affirmative vote of four members of the Council.
(d) Before entering on duties of his office, each Judge shall take
an oath given as provided by ordinance, 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 Recorders Court shall be con-
vened 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 Recorders Court
shall try and punish for crimes against the Town and for violation of
its ordinances. The Recorders Court shall have authority to punish
those in its presence for contempt, provided that such punishment
shall not exceed one hundred dollars. The Recorders Court may fix
punishment for offenses within its jurisdiction not exceeding a fine of
five hundred dollars or imprisonment for sixty days, or both. As an
alternative to fine or imprisonment, the Recorders Court may sen-
tence 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 sixty days.
(b) The Recorders 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 Recorders 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
GEORGIA LAWS 1981 SESSION
3765
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 Town 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.
(d) The Recorders 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 Recorders 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 Recorders 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 Recorders Court is specifically vested with all of the
jurisdiction and powers throughout the entire area of the Town
granted by general State laws generally to mayors, recorders and
police courts and particularly by such laws as authorize the abate-
ment of nuisances and prosecution of traffic violations.
Section 4.14. Appeal. The right of appeal shall exist in all cases
from the judgment of the Recorder to the Superior Court of Gordon
County 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
to the Superior Court in either of the above cases within thirty days of
the date of his conviction in the Recorders Court shall be deemed to
have waived any such right. An appeal to the Superior Court shall be
a de novo proceeding.
Section 4.15. Rules for Court. With the approval of 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 Recorders Court; provided, however,
that the Council may adopt in part or in toto the rules and regulations
3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 may be filed with the Town 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.
Section 5.11. Election of Council and Mayor, (a) On the second
Tuesday in April, 1981, and on that day biennially thereafter, the
general municipal election for Mayor and Council of the Town of
Resaca shall be conducted as herein provided.
(b) For purposes of electing members of the Council, there shall
be four Council Posts designated as Council Post 1, Council Post 2,
Council Post 3, and Council Post 4. Any person offering for member-
ship on the Council shall designate at the time of qualifying for
election that Council Post for which such person is offering.
(c) The Mayor and Council Members initially elected to Council
Post 1 and Council Post 2 shall begin their terms upon taking office as
provided in Section 2.22 of this charter and shall serve for an initial
term of office of two years and until the election and qualification of
their respective successors. Successors to the office of Mayor shall be
elected at each general municipal election, shall begin their terms
upon taking office as provided in Section 2.22 of this charter, and
shall serve for a term of office of two years and until the election and
qualification of their respective successors. Successors to the office of
Council Post 1 and Council Post 2, after the initial terms ending in
1983, shall be elected at the general municipal election immediately
preceding the expiration of the term of office of Council Post 1 and
Council Post 2, shall begin their terms upon taking office as provided
in Section 2.22 of this charter, and shall serve for terms of office of
four years and until the election and qualification of their respective
successors.
(d) The Council Members initially elected to Council Post 3 and
Council Post 4 shall begin their terms upon taking office as provided
GEORGIA LAWS 1981 SESSION
3767
in Section 2.22 of this charter and shall serve for an initial term of
office of four years and until the election and qualification of their
respective successors. Successors to the office of Council Post 3 and
Council Post 4, after the initial term ending in 1985, shall be elected
at the general municipal election immediately preceding the expira-
tion of the term of office of Council Post 3 and Council Post 4, shall
begin their terms upon taking office as provided in Section 2.22 of this
charter, and shall serve for terms of office of four years and until the
election and qualification of their respective successors.
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 remaining members of the Mayor and Council shall
appoint a successor to fill the balance of the unexpired term of such
office.
Section 5.13. Nonpartisan Elections. Political parties shall not
conduct primaries for Town offices and all names of candidates for
Town offices shall be listed without party labels.
Section 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
3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 meth-
ods:
(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 of the
Council to the Superior Court of Gordon 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 Gordon 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 Town that is subject to such taxation by the
State and County. This tax is for the purpose of raising revenues to
defray the costs of operating the Town government; providing gov-
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 6.11. Millage Rate, Due Dates, Payment Methods. The
Council, by ordinance, shall establish a millage rate for the Town
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
GEORGIA LAWS 1981 SESSION
3769
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 Town.
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
Town or who practice or offer to practice any profession or calling
therein to the extent such persons have a constitutionally sufficient
nexus to the Town 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 6.13. License, Permits, Fees. The Council, by ordi-
nance, shall have the power to require any individuals or corporations
who transact business in this Town or who practice or offer to practice
any profession or calling therein to obtain a license or permit for such
activity from the Town 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 Town regulation. Such fees may
reflect the total cost to the Town 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 Town for the total cost to the
Town 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, side-
walk, curbing, gutters, sewers or other utility mains and appurte-
nances, from the abutting property owners, under such terms and
conditions as may be prescribed by ordinance. Such special assess-
ments shall become delinquent thirty days after their due dates, shall
thereupon be subject, in addition to fi. fa. charges, to a penalty of ten
225
3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Town property taxes. Said
lien shall also be enforceable by the same procedures and under the
same remedies as provided for in this Article for Town property taxes.
Section 6.16. Construction, Other Taxes. The Town 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 6.17. 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 Town 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
Town licenses for failure to pay any Town taxes or fees; allowing
exceptions for hardship; and providing for the assignment or transfer
of tax executions.
Section 6.18. 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
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 Town, 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
GEORGIA LAWS 1981 SESSION
3771
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 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 Town 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 Town 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 improve-
ment 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, how-
ever, 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 improve-
ments 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, struc-
ture, 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
3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inhabitants, provided that such authorization is passed by two-thirds
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-
ever, that the Mayor may submit amendments to the capital improve-
ments 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 Town accounts, funds and financial trans-
actions by a Certified Public Accountant selected by the Council.
The audit shall be conducted according to generally accepted govern-
mental accounting principles. Any audit of any funds by the State or
Federal governments may be accepted as satisfying the requirements
of this charter. Copies of all audit reports shall be available at
printing cost to the public.
Section 6.27. Contracting Procedures. No contract with the
Town shall be binding on the Town 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 purchas-
ing for the Town.
Section 6.29. Sale of Town Property, (a) The Council may sell
and convey any real or personal property owned or held by he Town
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 prop-
erty 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 Town has no
readily ascertainable monetary value.
GEORGIA LAWS 1981 SESSION
3773
(c) Whenever in opening, extending or widening any street,
avenue, alley or public place of the Town, a small parcel or tract of
land is cut off or separated by such work from a larger tract or
boundary of land owned by the Town, the Council may authorize the
Mayor to execute and deliver in the name of the Town a deed
conveying said cut-off or separated parcel or tract of land to an
abutting or adjoining property owner or owners in exchange for
rights-of-way of said street, avenue, alley or 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 Town has in such property, notwithstanding the fact that no
public sale after advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Eminent Domain. The Council is hereby empow-
ered 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 medi-
cal institutions, agencies and facilities and any other public improve-
ments inside or outside the Town, 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 Towns 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 Town
receives just and adequate compensation therefor. The Council shall
provide for the registration of all franchises with the Town 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 fran-
chises previously granted.
3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.12. Official Bonds. The officers and employees of the
Town, 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. Penalties. The violation of any provisions of this
charter, except those provisions which have been amended by home
rule action, for which a penalty is not specifically prescribed by this
charter, is hereby declared to be a misdemeanor; and a person
convicted thereof shall be punished by a fine of not more than
$500.00, by imprisonment not to exceed 60 days, or both such fine and
imprisonment.
Section 7.14. Qualified Electors. For the purposes of the first
municipal election to be held under this charter, the qualified electors
of the Town of Resaca shall be those qualified electors of Gordon
County residing within the area comprising the corporate limits of the
Town of Resaca. At subsequent municipal elections, the qualified
electors of the Town of Resaca shall be determined pursuant to the
authority of Code Title 34A, the Georgia Municipal Election Code.
Section 7.15. Conduct of Initial Election. Only for the purpose
of holding and conducting the first municipal election of the Town of
Resaca under this charter, the election superintendent of Gordon
County is hereby vested with the powers and duties of the election
superintendent of the Town of Resaca and the powers and duties of
the governing authority of the Town of Resaca. It shall be the duty of
the election superintendent of Gordon County to hold and conduct
such first municipal election and to certify the result thereof to the
Secretary of State. Within twelve months after the holding of such
first municipal election, the Town of Resaca shall reimburse Gordon
County for the expenses of such election.
Section 7.16. 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 Town shall mean the Town of Resaca, Georgia
and its governing authority.
GEORGIA LAWS 1981 SESSION
3775
(d) The word Council shall mean the Town Council of this
Town.
(e) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 7.17. 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 7.18. 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 7.19. 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
1981 Session of the General Assembly of Georgia a bill to incorporate
the City of Resaca and provide for all matters relating thereto; and for
other purposes.
This 30th day of Dec., 1980.
Ernest Ralston
Representative,
7th District
3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Legisla-
tion was published in the Calhoun Times and Gordon County News
which is the official organ of Gordon County, on the following dates:
January 7,14,21,1981.
/s/ Ernest Ralston
Representative,
7th District
Sworn to and subscribed before me,
this 13th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GARDEN CITYCITY ADMINISTRATOR.
No. 284 (House Bill No. 667).
AN ACT
To amend an Act creating a new charter for the municipality of
Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as
amended, so as to authorize the mayor and councilmen to delegate
GEORGIA LAWS 1981 SESSION
3777
certain functions, powers, and duties to a city administrator; to
provide that a city administrator shall be appointed by the mayor to
serve at his pleasure; 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 municipality of
Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as
amended, is hereby amended by adding at the end of Section 2.16 a
new subsection, to be designated as subsection (d), to read as follows:
(d) The council may, by ordinance or resolution, delegate or
assign to a city administrator such powers, functions, and duties as
are conferred upon the council by this charter and such delegation of
powers may, by ordinance or resolution, be terminated, altered, or
otherwise changed as the council shall deem necessary, expedient, or
helpful in the conduct of the affairs of the city.
Section 2. Said Act is further amended by adding at the end of
subsection (b) of Section 3.12 a new paragraph (4) to read as follows:
(4) The mayor may, when authorized by ordinance or resolu-
tion of the council, delegate or assign to a city administrator such
powers, functions, and duties as are conferred upon the mayor by this
charter and such delegation of powers may be terminated, altered, or
otherwise changed as the mayor shall deem necessary, expedient, or
helpful in the conduct of the affairs of the city. The city administra-
tor as an appointed officer of the city shall be appointed by the mayor
to serve at his pleasure.
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 of intention to apply for local legislation in
the 1981 Session of the General Assembly of Georgia to amend an Act
creating the Charter of Garden City, Georgia, (Ga. Laws 1973, page
3581, et seq.), as amended, to provide for the extension, change and
redefining of the corporate limits of the City and for other purposes.
3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Charles L. Sparkman
City Attorney For
Garden City, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Triplett who, on oath, deposes
and says that he/she is Representative from the 128th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Savannah Evening Press which is the
official organ of Chatham County, on the following dates: January 2,
9,16,1981.
/s/ Tom Triplett
Representative,
128th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3779
CHATSWORTHMURRAY COUNTY WATER AND
SEWERAGE AUTHORITY.
No. 285 (House Bill No. 668).
AN ACT
To create the Chatsworth-Murray County Water and Sewerage
Authority; to authorize such authority to acquire, construct, equip,
operate, maintain, own, and improve self-liquidating projects
embracing: sources of water supply; the treatment, distribution, and
sale of water to individuals, private concerns, and governmental units;
the collection, treatment, and disposal of sewage waste and storm
water; and any related facilities; to confer powers and impose duties
on the authority; to provide for the membership and for the appoint-
ment of members of the authority and their term of office; to
authorize the authority to contract with the City of Chatsworth,
Murray County, and others pertaining to the water and sewerage
facilities, to execute leases, and to do all things deemed necessary or
convenient for the operation of such undertakings or projects; to
authorize the issuance of revenue bonds of the authority payable from
the revenues, tolls, fees, charges, and earnings of the authority and to
pay the cost of such undertakings or projects; to authorize the
collection and pledging 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 and to define the rights of
the holders of such obligations; to provide that no debt of the City of
Chatsworth or Murray County shall be incurred in the exercise of any
of the powers granted by this Act; to make the bonds and other
obligations of the authority exempt from taxation; to provide for the
authoritys power to condemn property; to fix the venue or jurisdic-
tion of actions relating to any provisions of this Act; to provide for
construction of this Act; to provide for intent; to provide for other
matters relative to the foregoing; to provide for severability; to repeal
conflicting laws; and for other purposes.
WHEREAS, the population of Murray County is steadily increas-
ing and the matter of obtaining and distributing potable water to and
providing sewerage collection, treatment, and disposal services for
consumers and users, including municipal corporations, located
therein is of prime importance and essential to the health and welfare
of citizens within the boundaries and environs of Murray County; and
3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, it is advisable to authorize the financing, in whole or
in part, of the acquisition, construction, extension, and improvement
of water supply and distribution facilities and sewerage collection,
treatment, and disposal facilities throughout the county and its
environs by the issuance of revenue bonds of the authority for that
purpose.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This may be cited as the Chatsworth-
Murray County Water and Sewerage Authority Act.
Section 2. Chatsworth-Murray County Water and Sewerage
Authority, (a) There is hereby created, effective July 1,1981, a body
corporate and politic to be known as the Chatsworth-Murray County
Water and Sewerage Authority. The authority shall be deemed to be 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;
provided, however, that the authority or the trustee acting under any
trust indenture shall in no event be liable for any torts committed by
any of its officers, agents, or employees.
(b) (1) The authority shall consist of five members whose
initial appointment and terms shall be as follows:
(A) One member appointed by the governing authority
of the City of Chatsworth whose term shall expire June 30,
1982;
(B) One member appointed by the governing authority
of the County of Murray whose term shall expire June 30,
1983;
(C) One member appointed by the governing authority
of the City of Chatsworth whose term shall expire June 30,
1984;
(D) One member appointed by the governing authority
of the County of Murray whose term shall expire June 30,
1985; and
GEORGIA LAWS 1981 SESSION
3781
(E) One member appointed by the governing authority
of the City of Chatsworth whose term shall expire June 30,
1986.
(2) The initial members of the authority shall enter upon
the duties of their office on July 1,1981, and shall serve until their
successors are appointed and qualified as provided in paragraph
(3). Except as provided in paragraph (1), the members of the
authority shall serve for a term of five years and until their
successors are appointed and qualified as provided in paragraph
(3).
(3) (A) Vacancies which occur due to the expiration of a
regular term of office shall be filled by the remaining mem-
bers of the authority who shall select one individual from a
list of three names submitted by the governing authority of
the City of Chatsworth or the County of Murray. The succes-
sor of the member whose term expires June 30,1982, shall be
selected from a list submitted by the governing authority of
the County of Murray. Thereafter, the city and the county
shall alternate in submitting the list from which the member
shall be selected.
(B) Vacancies which occur for any reason other than
the expiration of a regular term of office shall be filled by the
remaining members of the authority who shall select one
individual from a list of three names submitted by the govern-
ing authority who submitted the list from which that individ-
ual was originally selected. The member selected shall serve
for the remainder of the term and until his successor is
appointed and qualified.
(c) Effective July 1, 1981, the members of the authority shall
enter upon their duties and as soon as is practicable thereafter they
shall hold an organizational meeting. The members shall elect a
secretary and treasurer, who need not be members of the authority.
Three members of the authority shall constitute a quorum. No
vacancy on the authority shall impair the authority of the quorum to
exercise all of the rights and powers of and perform all of the duties
and obligations of the authority. The members of the authority shall
not be entitled to any compensation for their services but shall be
reimbursed for their actual expenses necessarily incurred in the
performance of their duties. The authority shall make rules and
regulations for its own government. It shall have perpetual existence.
3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Definitions. As used in this Act the following words
and terms shall have the following meanings:
(1) Authority shall mean the Chatsworth-Murray County
Water and Sewerage Authority created by Section 2 of this Act.
(2) Cost of the project shall mean the cost of construction;
the cost of all lands, properties, rights, easements, and franchises
acquired; the cost of all machinery and equipment; financing
charges; interest prior to and during construction; and, for one
year after completion of construction, the cost of engineering,
architectural, fiscal, and legal expenses; and the cost of plans and
specifications, and other expenses necessary or incident to deter-
mining the feasibility or practicability of the project; administra-
tive expense; and such other expenses as may be necessary or
incident to the financing herein authorized, the construction of
the project, the placing of the same in operation, and the condem-
nation of property necessary for such construction and operation.
The cost of any project may also include a fund or funds for the
creation of a debt service reserve, a renewal and replacement
reserve, and such other reserves as may be reasonably required by
the authority with respect to the financing and operating of its
projects and as may be authorized by any bond resolution or trust
agreement or indenture pursuant to the provisions of which the
issuance of any 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 issued
under the provisions of this Act for such project.
(3) Project shall mean and include the acquisition and
construction of systems, plants, works, instrumentalities, and
properties: (A) used or useful in connection with the obtaining of
a water supply and the conservation, treatment, distribution, and
sale of water for public and private uses; (B) used or useful in
connection with the collection, treatment, and disposal of sewer-
age, waste, and storm water; together with all parts of any such
system, plant, work, instrumentality, and property and all appur-
tenances thereto, including lands, easements, rights in land, water
rights, contract rights, franchises, approaches, dams, reservoirs,
generating stations, sewerage disposal plants, intercepting sewers,
trunk connecting and other sewers and watermains, filtration
works, pumping stations, and equipment.
GEORGIA LAWS 1981 SESSION
3783
(4) Revenue bonds and bonds shall mean revenue
bonds authorized to be issued pursuant to this Act. Revenue
bonds may be issued by the authority as authorized herein without
any other actions or proceedings.
(5) Self-liquidating project shall mean any project in
which, 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, together with any grants,
will be sufficient both to pay the cost of operating, maintaining,
repairing, improving, and extending the project and to pay the
principal and interest of the revenue bonds which may be issued
for the cost of such project or projects.
Section 4. Powers. The authority shall have powers;
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to
hold, lease, and dispose of real and personal property of every kind
and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, or by
condemnation in accordance with the provisions of any and all
existing laws applicable to the condemnation of property for
public use, real property or rights of easements therein or fran-
chises necessary or convenient for its corporate purposes; 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. In any proceed-
ings 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. No
property shall be acquired under the 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 is deposited in
trust to pay and redeem the fair value of such lien or incumbrance;
3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) To enter into an agreement with the City of Chatsworth
or Murray County or both with respect to acquiring a source of
water supply; providing sewerage service; preparing engineering
data, plans, and specifications for the water and sewerage system;
extending watermains; apportioning the costs of constructing,
extending, and maintaining a water or sewerage system or both;
providing for the testing and inspection of facilities constructed;
providing for rates to be charged for water and sewerage services
furnished to users of the said system; providing for the reading of
meters and keeping of pertinent records; apportioning or desig-
nating the responsibility for any functions normally maintained
by a water and sewerage system; providing for the ownership of
the various facilities constructed or acquired; and providing for
such other matters or contingencies as might be necessary or
desirable in order to secure for the City of Chatsworth, Murray
County, and the residents thereof a satisfactory and reliable water
and sewerage system at the most reasonable cost possible.
(5) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural, and construction
experts, fiscal agents, and attorneys and to fix their respective
compensations.
(6) To make contracts and leases and to execute all instru-
ments necessary or convenient, including contracts for construc-
tion 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 gener-
ality 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 and sewerage service and facilities, or either of
them, by the authority to such municipal corporations and coun-
ties and by such municipal corporations and counties to the
authority for a term not exceeding 50 years. As to any political
subdivision, department, institution, or agency of this state which
shall enter into an agreement under the authority granted herein
or in paragraph (4) above, the obligation to perform and fulfill
such agreement shall constitute a general obligation of such entity
for which its full faith and credit shall be and hereby is pledged.
GEORGIA LAWS 1981 SESSION
3785
(7) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage pro-
jects, as hereinabove defined. The cost of any such project is to be
paid in whole or in part from the proceeds of revenue bonds of the
authority or from such proceeds and any grant from the United
States of America or any agency or instrumentality thereof or
from the State of Georgia or any agency, instrumentality, or
political subdivision thereof;
(8) To make loans with, and accept grants of money or
materials or property of any kind from, the United States of
America or any agency or instrumentality thereof, upon such
terms and conditions as the United States of America or such
agency or instrumentality may impose;
(9) To make loans with, and accept grants of money, materi-
als, or property of any kind from, the State of Georgia or any
agency, instrumentality, or political subdivision thereof, upon
such terms and conditions as the State of Georgia or such agency,
instrumentality, or political subdivision may impose;
(10) To borrow money for any of its corporate purposes; to
issue negotiable revenue bonds payable solely from funds pledged
for that purpose; and to provide for the payment of the same and
for the rights of the holders thereof;
(11) To exercise any power usually possessed by private
corporations performing similar functions, including the power to
make short-term loans and to approve, execute, and deliver appro-
priate evidence of any such indebtedness, providing no such power
is in conflict with the Constitution or general laws of this state;
and
(12) To do all things necessary or convenient to carry out the
powers expressly given in this Act.
Section 5. Financing projects. The authority, or any authority
or body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall
have power and is hereby authorized at one time, or from time to time,
to borrow money for the purpose of paying all or any part of the cost,
as herein defined, of any one or more projects and to provide by
resolution for issuance of negotiable revenue bonds for that purpose.
3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The principal and interest of such revenue bonds shall be payable
solely from the special fund herein provided for such payment. The
bonds of each issue shall be dated, shall mature at such time or times
not exceeding 30 years from their date or dates, shall be payable in
such medium of payment as to both principal and interest as may be
determined by the authority, and may be made redeemable before
maturity, at the option of the authority, at such price or prices and
under such terms and conditions as may be fixed by the authority in
the resolution providing for the issuance of the bonds. The interest
rate or rates to be borne by any bonds and the time of payment of
such interest shall be fixed, and with respect to any interest rate
which floats in response to a variable, the method of calculation shall
be fixed by the authority in the resolution providing for the issuance
of the bonds. Any bonds issued by the authority shall be exempt from
all laws of the state governing usury or prescribing or limiting interest
rates to be borne by bonds.
Section 6. Revenue bond; 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 and 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 registration,
conversion, and exchangeability privileges and rights of redemption.
The bonds may contain such other terms, covenants, assignments,
and conditions as the resolution or resolutions authorizing the issu-
ance of such bonds may provide.
Section 7. Same; signatures; seals. All such bonds shall bear the
manual or facsimile signature of the chairman of the authority, the
attesting manual or facsimile signature of the secretary of the author-
ity, and the official seal of the authority. The signature of one of such
officers shall be placed manually on each bond. Any coupons
attached thereto shall bear the manual or facsimile signature of the
chairman or the secretary of the authority. Any coupon may bear the
facsimile signature of such person and any bond may bear the
facsimile signature of and may be manually signed, sealed, and
attested on behalf of the authority by such persons who, at the actual
time of the execution of such bonds, shall be duly authorized or hold
the proper office, although at the date of such bonds such persons
may not have been so authorized or shall not have held such office. In
GEORGIA LAWS 1981 SESSION
3787
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 never-
theless 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 negotia-
ble instruments under the laws of the State of Georgia pertaining to
negotiable instruments. Such bonds are declared to be issued for
essential public and governmental purposes and the said bonds, their
transfer, and the income therefrom shall be exempt from all taxation
within the state.
Section 9. Same; sale; price. The authority may sell such bonds
in such manner and for such price as it may determine to be in the
best interest of the authority.
Section 10. Same; proceeds of bonds. The proceeds of such
bonds shall be used solely for the payment of the cost of the project or
projects. Unless otherwise provided in the resolution authorizing the
issuance of the bonds or in any trust indenture, additional bonds may
in like manner be issued to provide the amount of any deficit, which,
unless otherwise provided in the resolution authorizing the issuance
of the bonds or in any trust indenture, shall be deemed to be of the
same issue and shall be entitled to 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 used for paying the principal of and the interest on
such bonds.
Section 11. Same; interim receipts and certificates or temporary
bonds. Prior to the preparation of definitive bonds, the authority
may, under like restrictions, issue interim receipts, interim certifi-
cates, or temporary bonds, with or without coupons, which are
exchangeable for definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The
authority may also provide for the replacement of any bond which
shall become mutilated or be destroyed or lost.
3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. Same; conditions precedent to issuance; object of
issuance. Such revenue bonds may be issued without any other
proceedings or the happening of any other conditions or things than
those proceedings, conditions, and things which are specified or
required by this Act. In the discretion of the authority, revenue bonds
of a single issue may be issued for the purpose of any particular
project. Any resolution providing for the issuance of revenue bonds
under the provisions of this Act shall become effective immediately
upon its passage and need not be published or posted; and any such
resolution may be passed at any regular, special, or adjourned meet-
ing of the authority by a majority of the quorum, as in this Act
provided.
Section 14. Same; credit not pledged. Revenue bonds issued
under the provisions of this Act shall not be deemed to constitute a
debt of the City of Chatsworth or Murray County nor a pledge of the
faith and credit of the said city or county, but such bonds shall be
payable solely from the fund hereinafter provided for. The issuance
of such revenue bonds shall not directly, indirectly, or contingently
obligate said city or county to levy or to pledge any form of taxation
whatever therefor or to make any appropriation for their payment.
All such bonds shall contain recitals on their face covering substan-
tially the foregoing provisions of this section.
Section 15. Same; trust indenture as security. In the discretion
of the authority, any issue of such revenue bonds may be secured by a
trust indenture by and between the authority and a corporate trustee,
which may be any trust company or bank within or without the state
having the powers of a trust company. Such trust indenture may
pledge or assign fees, tolls, charges, revenues, and earnings to be
received by the authority. Either the resolution providing for the
issuance of revenue bonds or such trust indenture may contain such
provisions for protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the authority in
relation to the acquisition of property, the construction of the project,
the maintenance, operation, repair, and insurance of the project, and
the custody, safeguarding, and application of all moneys. The resolu-
tion or trust indenture may also provide that any project shall be
construed and paid for under the supervision and approval of consult-
ing engineers or architects employed or designated by the authority.
Such project shall be satisfactory to the original purchasers of the
bonds issued therefor. The resolution or trust indenture may also
GEORGIA LAWS 1981 SESSION
3789
require that the security given by contractors and by any depositary
of the proceeds of the bonds or revenues or other moneys be satisfac-
tory to such purchasers; it may also contain provisions concerning the
conditions, if any, upon which additional revenue bonds may be
issued. It shall be lawful for any bank or trust company incorporated
under the laws of this state to act as such depositary and to furnish
such indemnifying bonds or pledge such securities as may be required
by the authority. Such indenture may set forth the rights and
remedies of the bondholders and of the trustee, and may restrict the
individual right of action of bondholders as is customary in trust
indentures securing bonds and debentures of private corporations. In
addition 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 mainte-
nance, operation, and repair of the project affected by such indenture.
Section 16. Same; to whom proceeds of bond shall be paid. The
authority shall, in the resolution providing for the issuance of revenue
bonds or in any trust indenture, provide for the payment of the
proceeds of the sale of the bonds to any officer or person who or any
agency, bank, or trust company which shall act as trustee of such
funds and shall hold and apply the same to the purposes hereof,
subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 17. Same; sinking fund. The revenues, fees, tolls,
charges, and earnings derived from any particular project or projects,
regardless of whether or not such fees, tolls, charges, earnings, and
revenues were produced by a particular project for which bonds have
been issued, unless otherwise pledged and allocated together with any
grant funds, may be pledged and allocated by the authority to the
payment of the principal of and interest on revenue bonds of the
authority, as the resolution authorizing the issuance of the bonds or in
the trust instrument may provide. 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 on such revenue bonds
as such interest shall fall due; (2) the principal of the bonds as the
same shall fall due; (3) the necessary charges of paying agents for
paying principal and interest; and (4) any premium upon bonds
3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
retired by call or purchase as hereinabove provided. The use and
disposition of such sinking fund shall be subject to such regulations as
may be provided in the resolution authorizing the issuance of the
revenue bonds or in any trust indenture but, except as may otherwise
be provided in such resolution or trust indenture, such sinking fund
shall be a fund for the benefit of all revenue bonds without distinction
or priority of one over another. Subject to the provisions of the
resolution authorizing the issuance of the bonds or in any trust
indenture, surplus moneys in the sinking fund may be applied to the
purchase or redemption of bonds and any such bonds so purchased or
redeemed shall forthwith be 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 inden-
ture, if any, except to the extent the rights herein given may be
restricted by resolution passed before the issuance of the bonds or by
any trust indenture, may, either at law or in equity, by suit, action,
mandamus, or other proceedings, protect and enforce any and all
rights under the laws of the State of Georgia or granted hereunder or
under such resolution or trust indenture. Such holder and trustee
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 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 authority is further autho-
rized to refund any revenue bonds issued by any city, county, or
authority with respect to any facilities to be acquired by the authority
from any such city, county, or authority. The issuance of such
revenue refunding bonds, the maturities and all other details thereof,
the rights of the holders thereof, and the duties of the authority in
respect to the same shall be governed by the foregoing provisions of
this Act insofar as the same may be applicable.
Section 20. Same; venue and jurisdiction. Any action to protect
or enforce any rights under the provisions of this Act or any suit or
action against such authority shall be brought in the Superior Court
GEORGIA LAWS 1981 SESSION
3791
of Murray County, Georgia, and any action pertaining to validation of
any bonds issued under the provisions of this Act shall likewise be
brought in said court which shall have exclusive, original jurisdiction
of such actions.
Section 21. Same; validation. Bonds of the authority shall be
confirmed and validated in accordance with the procedure of the
Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p.
761), as now or hereafter amended. The petition for validation shall
also make party defendant to such action any municipality, county,
authority, subdivision, or instrumentality of the State of Georgia or
any other party which has contracted with the authority to furnish or
receive the services and facilities of the water and sewerage system for
which bonds are to be issued and sought to be validated; and such
municipality, county, authority, subdivision, or instrumentality or
other party shall be required to show cause, if any exists, why such
contract or contracts and the terms and conditions thereof should not
be inquired into by the court and the validity of the terms thereof
shall 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, subdivi-
sion, instrumentality, or other party contracting with the said
Chatsworth-Murray County Water and Sewerage 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 interests and rights of the holders of such bonds;
and no other entity, department, agency, or authority will be created
which will compete with the authority to such an extent as to affect
adversely the interests and rights of the holders of such bonds. The
provisions of this Act shall be for the benefit of the authority and the
holders of any such bonds and, upon the issuance of bonds under the
provisions hereof, shall constitute a contract with the holders of such
bonds.
Section 23. Moneys received considered trust funds. All moneys
received pursuant to the authority of this Act, whether as proceeds
from the sale of revenue bonds, as proceeds of short-term loans, as
grants or other contributions, or as revenues, fees, and earnings, shall
3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be deemed to be trust funds to be held and applied solely as provided
in this Act.
Section 24. Purpose of the authority. Without limiting the
generality of any provisions of this Act, the general purpose of the
authority is declared to be that of acquiring, constructing, equipping,
maintaining, and operating adequate water supply, treatment, and
distribution facilities and sewerage collection, treatment, and distri-
bution facilities; making such facilities and the services thereof
available to public and private consumers and users located in
Murray County and its environs, including municipalities within and
without the said county and to adjoining counties; extending and
improving such facilities; and doing all things deemed by the author-
ity necessary, convenient, and desirable for an incident to the effi-
cient and proper development and operation of such type of under-
takings.
Section 25. 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 undertak-
ing or project, to issue revenue bonds, as herein provided, to finance
in whole or in part the cost of the acquisition, construction, recon-
struction, improvement, betterment, or extension of the water and
sewerage system; and to pledge to the punctual payment of said bonds
and interest thereon all or any part of the revenues of such undertak-
ing or project, including the revenues of improvements, betterments,
or extensions thereto thereafter made.
Section 26. Tax exempt status of authority. The properties of
the authority, both real and personal, are declared to be public
properties used for the benefit and welfare of the people of the State
of Georgia and not for purposes of private or corporate benefit and
income. Such properties and the authority shall be exempt from all
taxes and special assessments of any city, county, or the state or any
political subdivision thereof.
Section 27. Rules and regulations for operation of projects. It
shall be the duty of the authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act.
GEORGIA LAWS 1981 SESSION
3793
Section 28. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to provide an additional
and alternative method for the doing of the things authorized thereby
and shall be regarded as supplemental and additional to powers
conferred by other laws and shall not be regarded as in derogation of
any powers now existing.
Section 29. Liberal construction of Act. This Act, being for the
welfare of various political subdivisions of the state and its inhabi-
tants, shall be liberally construed to effect the purposes hereof.
Section 30. Limitations. This Act shall not in any way take from
Murray County or any municipality located therein or in any adjoin-
ing county the authority to own, operate, and maintain water systems
or issue revenue bonds as provided by law.
Section 31. 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 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
1981 session of the General Assembly of Georgia, a bill to create the
Chatsworth-Murray County, Water and Sewer Authority and to
define the powers and duties of said authority; and for other pur-
poses.
This 22 day of December, 1980.
3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thomas P. Ramsey III
Representative,
3rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas P. Ramsey, III 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: December 24,
31,1980 and January 8,1981.
/s/ Thomas P. Ramsey, III
Representative,
3rd District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3795
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (13,635 - 14,765).
No. 286 (House Bill No. 669).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in certain counties in this State; to provide for the appointment,
duties, powers, compensation, qualifications, substitution and tenure
of office of the judge of such small claims court; to prescribe the
jurisdiction, the pleading, practice and service of process therein; to
provide for a clerk and prescribe his remuneration; to repeal conflict-
ing laws; and for other purposes., 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 30,1977 (Ga. Laws 1977, p. 4215),
and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3194); to
provide an effective date; to provide conditions for the effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in certain counties in this State; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of such small claims court; to prescribe
the jurisdiction, the pleading, practice and service of process therein;
to provide for a clerk and prescribe his remuneration; to repeal
conflicting laws; and for other purposes., 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 30, 1977 (Ga. Laws 1977, p.
4215), and an Act approved March 18,1980 (Ga. Laws 1980, p. 3194),
is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Brooks
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
CITY OF LOUISVILLEPOLICE COURT FINES.
No. 287 (House Bill No. 671).
AN ACT
To amend an Act creating a new charter for the City of Louisville,
approved December 18,1900 (Ga. Laws 1900, p. 305), as amended, so
as to change the maximum amount of fines which may be levied by
the police court of the city; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
Louisville, approved December 18, 1900 (Ga. Laws 1900, p. 305), as
amended, is hereby amended by striking from Section 25 the follow-
ing:
Said court shall have the power to punish offenses against the
penal ordinances of said city, by the imposition of a fine not to exceed
two hundred dollars,,
and inserting in lieu thereof the following:
Said court shall have the power to punish offenses against the
penal ordinances of said city, by the imposition of a fine not to exceed
$500.00,.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3797
Notice of Local Legislation.
Notice is hereby given that there will be introduced in the ensuing
1981 Session of the General Assembly of Georgia a local bill to amend
an Act establishing a new charter for the City of Louisville, approved
December 18, 1900 (Ga. Laws 1900, p. 305, 25), as amended, so as to
provide that the maximum fine which may be imposed by the Police
Court in the City of Louisville shall be Five Hundred ($500.00)
Dollars; to repeal conflicting laws, and for other purposes.
Emory E. Bargeron
State Representative of
Jefferson County, Georgia
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 follow-
ing dates: December 24,31,1980 and January 7,1981.
/s/ Emory E. Bargeron
Representative,
83rd District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SUMTER COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 288 (House Bill No. 673).
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), as amended, particularly by an Act approved March 18, 1980
(Ga. Laws 1980, p. 3380), so as to change the jurisdiction of the court;
to provide for the deposit of costs; to change certain fees; 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.
3194), as amended, particularly by an Act approved March 18, 1980
(Ga. Laws 1980, p. 3380), is hereby amended by striking from Section
1 of said Act the following:
$1,000.00,
and substituting in lieu thereof the following:
$1,500.00,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court in and for Sumter 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 civil court or courts now
or hereafter established in said county. Said jurisdiction shall include
GEORGIA LAWS 1981 SESSION
3799
the power to issue writs of garnishment and attachment in addition to
the powers herein specifically granted said court. The court shall
have no jurisdiction or authority in criminal matters.
Section 2. Said Act is further amended by striking subsection (a)
of Section 8, which reads as follows:
(a) The plaintiff, when he files his claim, shall deposit the sum
of $7.50 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 $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.,
and substituting in lieu thereof the following:
(a) 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:
$10.00 when the amount of the claim is $500.00 or less; $15.00 when
the amount of the claim exceeds $500.00 but is not more than
$1,001.00; and $20.00 when the amount of the claim exceeds $1,001.00
but is not more than $1,500.00. The deposit of cost in cases of
attachment, garnishment, or trover shall be $10.00 except in cases of
continuing garnishments wherein the deposit of cost shall be $10.00
for each 45 day period covered. 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.,
and by striking from subsection (b) of Section 8 the following:
7.50,
3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and substituting in lieu thereof the following:
10.00,
so that when so amended Section 8 of said Act shall read as follows:
Section 8. (a) 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: $10.00 when the amount of the claim is $500.00 or less;
$15.00 when the amount of the claim exceeds $500.00 but is not more
than $1,001.00; and $20.00 when the amount of the claim exceeds
$1,001.00 but is not more than $1,500.00. The deposit of cost in cases
of attachment, garnishment, or trover shall be $10.00 except in cases
of continuing garnishments wherein the deposit of cost shall be $10.00
for each 45 day period covered. 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 3. Said Act is further amended by striking from Section
24 the following:
$5.00,
and substituting in lieu thereof the following:
$9.00,
GEORGIA LAWS 1981 SESSION
3801
so that when so amended Section 24 of said Act shall read as follows:
Section 24. The fees of the bailiff or sheriff for the execution of a
fi. fa. shall be $9.00, plus a reasonable amount for drayage, to be
determined by the judge of the Small Claims Court. The commission
on all judicial sales shall be $25.00.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
By direction of and pursuant to a Resolution adopted by the
Board of Commissioners of Sumter County, notice is hereby given
that there will be introduced in the regular 1981 session of the
General Assembly of Georgia a bill to amend an Act creating the small
claims court in and for Sumter County, approved April 4,1979 (Ga.
Laws 1979, p. 3194), as amended; and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George Hooks who, on oath, deposes
and says that he/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
30, February 6,13,1981.
/s/ George Hooks
Representative,
116th District
226
3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
UPSON COUNTYSMALL CLAIMS COURT CREATED.
No. 289 (House Bill No. 675).
AN ACT
To create and establish a Small Claims Court of Upson County; to
provide for the initial judge; 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, substitu-
tion and tenure of the office of the judge of such Small Claims Court;
to provide that the judge of said court shall be exempt from jury duty
in the superior court and any other court existing or that may be
created and established in Upson County wherein such judge pre-
sides; 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 and compensation; to provide for a jury and
the number of jurors; to provide for the services of processes of said
court; 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 prescribe
the costs of court; to provide for contempts of said court and the
penalty therefor; to provide for the validating of the acts of said court
and the proceedings therein; to provide for the continuation of certain
processes, actions, suits, and cases; to provide for other matters
GEORGIA LAWS 1981 SESSION
3803
relative to the foregoing; to provide for legislative intent; to provide
for severability; to provide an effective date; to provide conditions for
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 and established a Small
Claims Court of Upson County. Such court shall have civil jurisdic-
tion in cases at law 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 Upson 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 laws of the State of Georgia.
Section 2. Any person appointed as a judge of any Small Claims
Court created pursuant to the provisions of this Act must be a
resident of Upson County in which such court is created, must be at
least twenty-two (22) years of age and must be an attorney-at-law who
has actually engaged in the practice of law for a period of at least one
year.
All other officers appointed to or employed by said court now or
hereafter provided must be at least twenty-one (21) years of age and
must be residents of Upson County in which such court is located.
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 Upson County or any judge of a city court located in Upson
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 to be compensated, if at all, from
the fees herein authorized.
3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. All fees collected by the judge shall be retained by him
as his sole remuneration. The judge shall be authorized to charge the
fee or fees prescribed for justices of the peace by the laws of the State
of Georgia in any action or proceeding when no fee is otherwise
prescribed.
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
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. The judge or clerk may at the request of any individual,
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
in Upson County by any official or person authorized by law to serve
process in the Superior Court or by a duly qualified bailiff of a Small
Claims Court; or by registered mail or certified with receipt; or by any
person not a party to or otherwise interested in the suit, especially
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,
verification and 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 on the record the
date and hour of mailing. 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 sender by U. S. postal
authorities marked refused, giving the date of refusal, and such
notation of refusal is signed or initialed by a U. S. Pi st Office
employee or U. S. 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 above provided, he
shall make proof of service by affidavit, showing the time and place of
such service on the defendant.
GEORGIA LAWS 1981 SESSION
3805
(e) When served as provided, the actual cost of service shall be
taxable as costs. The cost of service shall be advanced by the party
demanded same in addition to the filing fee hereinafter provided, and
shall be taxed as other costs.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five 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 shall be
indicated every proceeding and ruling had in each case.
Section 8. The plaintiff, when he files his claim, shall deposit
with the court an initial fee of $5.00. The plaintiff and other parties
shall, thereafter, be charged the fee or fees prescribed for justices of
the peace by the laws of the State of Georgia, and it shall be lawful for
the judge to charge and collect the same.
Section 9. (a) On the day set for the hearing, or such latter time
as the judge may set, the trial shall be had. 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 the 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, and 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, or 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, or order the
same dismissed for want of prosecution, or make any other just and
proper disposition thereof, as justice may require.
3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 hereof 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, and 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 such 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 presiding in Upson
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, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof.
Section 14. The judge of such 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 Upson County, such bailiffs to
serve at the pleasure of the judge and under his direction, and a
person so appointed shall be known and designated as Small Claims
Court Bailiff and have the powers and authority, and be subject to
the penalties, of all lawful constables of the State of Georgia, includ-
ing the power to serve any and all processes and writs issued from or
by said Small Claims Court, with power, also, to make levies and
conduct judicial sales, and account therefor, in the manner of lawful
constables. All such bailiffs shall, within five days from their appoint-
ment as such, take and subscribe the oath of office as prescribed in
section 24-804 and give the bond prescribed in section 24-811 of the
Code of Georgia, and such bailiffs shall be subject to be ruled for
GEORGIA LAWS 1981 SESSION
3807
failure of duty or malfeasance in office as are other lawful constables
of this State.
Section 15. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and defendant having three
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.
Section 16. Judgments of the Small Claims Court shall become a
lien on the real estate and personal property of a defendant, situated
in any county, from the time of the filing in the office of the clerk of
the superior court for said county, of an execution based upon such
judgment and the entry thereof by the clerk in the general execution
docket for said county.
Section 17. Appeals may be had from judgments returned in a
Small Claims Court, to the superior court, and the same provisions
now provided for by law for appeals from probate courts to the
superior court, shall be applicable to appeals from the small claims
court to the superior court.
Section 18. Until otherwise provided by rules of court the
statement of claims, verification, and notice shall be in the following
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.
Address
County, Georgia
Georgia
Plaintiff
3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Address
vs.
Defendant
Statement of Claim.
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied, be verified by the
plaintiff or his agent, as follows:)
State of Georgia,
County of____________________________.
________________________being first duly sworn on oath, says the forego-
ing is a just and true statement of the amount owing by defendant or
plaintiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or agent)
Sworn and subscribed before me this
_____ day of , 19_____
Notary Public
Notice.
To
Defendant
Home Address
Business Address
GEORGIA LAWS 1981 SESSION
3809
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 (ad-
dress 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.
(Seal).
Section 19. All acts performed by the judge or clerk and all
proceedings before the Small Claims Court of Upson County are
hereby validated.
Section 20. (a) The judge of the small claims court in Upson
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the Grand Jury in Upson County shall appoint
the judge of the small claims court for a term of four years and until
his successor is appointed and qualified. Such terms shall end on the
first Monday in September and the Grand Jury shall appoint each
successor at the session immediately prior to the expiration of each
term.
3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Each judge appointed to any Small Claims Court created and
established pursuant to the provisions of this Act shall be exempt
from jury duty in the superior court or any other court existing or that
may be created or established in Upson County.
Section 21. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act shall be furnished by the Upson
County Commissioners.
Section 22. Such Small Claims Court having no designated
terms at stated periods, the judge thereof shall in each instance, set
dates for all hearings and trials in every kind of case, and, also
designate the times when attachments and executions are returnable
and, also designate the time when each answer to a summons of
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, but no judgment shall be rendered against a garnishee before a
final judgment shall have first been rendered against the defendant.
Section 23. A summons of garnishment may be served by the
sheriff or his deputies, or by a lawful constable, or by a Small Claims
Court bailiff, or by the judge of the Small Claims Court; or it may be
served by registered or certified mail, provided such service by mail is
evidenced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit, or to the writ of
attachment; provided further, it shall be prima facie evidence of
service on the garnishee if the sealed envelope in which said summons
was mailed to the garnishee by registered or certified mail is returned
to sender by U. S. Postal Authorities marked refused, giving the
date of refusal and be signed or initialed by a U. S. Post Office
employee or U. S. Mail Carrier to whom refusal was made. Whenever
served 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 or on the back of a conformed copy of
the original summons of garnishment which was given to the gar-
nishee, or such entry of service may be made on a separate paper and
attached to the said garnishment affidavit or the writ of attachment,
as the case may be.
GEORGIA LAWS 1981 SESSION
3811
Section 24. The judge of a Small Claims Court shall have the
power to impose fines of not more than ten dollars or imprison for not
longer than twenty-four hours any person guilty of contempt of court,
such fines to be paid into the Upson County treasury or depository for
county purposes.
Section 25. The fee of bailiff for the execution of a fi fa shall be
four dollars, 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
per cent (5 %) on all sums oyer that amount, with a minimum of three
($3.00) dollars.
Section 26. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Upson County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Upson County which is
created by this Act.
Section 27. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Upson County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore existing small claims court in Upson
County as created by an Act approved April 12,1963 (Ga. Laws 1963,
p. 3501), as amended, which court shall stand abolished by action of
the General Assembly effective July 1,1981.
Section 28. 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 uncon-
stitutional 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. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating and establishing a Small Claims Court in
each county in this State having a population of not less than 23,500
and not more than 24,100 according to the last United States Census
3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of 1960 or any future such census; to prescribe the jurisdiction of said
courts; to prescribe the pleading and practice in said courts; to
provide for the appointment, duties, powers, compensation, qualifica-
tions, substitution and tenure of the office of the judges of such Small
Claims Courts; to provide that the judges of said courts shall be
exempt from jury duty in the superior court and any other court
existing or that may be created and established in the county wherein
such judge presides; to provide for clerks of and for said courts and for
their duties and compensation; to provide for one or more bailiffs of
and for said courts and for their duties and compensation; to provide
for a jury and the number of jurors; to provide for the services of
processes of said courts; 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 prescribe the costs of court; to provide for the furnishing of certain
law books to said courts; to provide for contempts of said courts and
the penalty therefor; to provide for the validating of the acts of said
courts and the proceedings therein; to provide for severability; to
repeal conflicting laws; and for other purposes., approved April 12,
1963 (Ga. Laws 1963, p. 3501), as amended by an Act approved March
21, 1974 (Ga. Laws 1974, p. 2638); to provide an effective date; to
provide conditions for the effective date; to repeal conflicting laws;
and for other purposes. does not pass the 1981 session of the General
Assembly and is not signed by the Governor or does not become law
without his signature, this Act shall be null and void and shall stand
repealed in its entirety.
Section 30. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Upson County; to provide for other matters
relative thereto; and for other purposes.
This the 14 day of Jan., 1981.
Marvin Adams
GEORGIA LAWS 1981 SESSION
3813
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 28,
February 7,11,1981.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
UPSON COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 290 (House Bill No. 676).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Upson County into the office of tax commissioner of
Upson County, approved February 4,1964 (Ga. Laws 1964, p. 2062),
so as to change the mode of compensation for said office; to provide an
annual salary for said office; to provide for the disposition of fees from
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. An Act consolidating the offices of tax receiver and
tax collector of Upson County into the office of tax commissioner of
Upson County, approved February 4,1964 (Ga. Laws 1964, p. 2062), is
hereby amended by striking Section 4 in its entirety and inserting in
lieu thereof a new Section 4 to read as follows:
Section 4. The tax commissioner of Upson County shall receive a
base salary of $23,000.00 per year, payable in equal monthly install-
ments from the funds of Upson County. The said salary shall be
increased by 2 1/2 percent of the base salary for each year of service
in office by said officer after December 31, 1980. It is specifically
provided that the salary provided herein for the tax commissioner
shall be in lieu of all fees, commissions, costs, fines, percentages,
forfeitures, penalties, and other perquisites of whatever kind, includ-
ing 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 Depart-
ment, and including those commissions allowed by Code Section 91A-
1370, relating to commissions on taxes collected in excess of a certain
percentage of taxes due according to the tax net digest, as now or
hereafter amended; provided, however, that the tax commissioner
shall be entitled to the compensation authorized by Section 15 of an
Act consolidating and combining the board of tax assessors of the City
of Thomaston and the County of Upson, approved March 12, 1970
(Ga. Laws 1970, p. 2487), as now or hereafter amended.
GEORGIA LAWS 1981 SESSION
3815
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act consolidating the offices of tax receiver and tax collector of Upson
County into the office of tax commissioner of Upson County,
approved February 4, 1964 (Ga. Laws 1964, p. 2062); and for other
purposes.
This 14 day of January, 1981.
Marvin Adams
Representative,
79th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Marvin Adams who, on oath, deposes
and says that he/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 28,
February 4,11,1981.
/s/ Marvin Adams
Representative,
79th District
3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
STATE COURT OF CARROLL COUNTYJUDGES
COMPENSATION.
No. 291 (House Bill No. 679).
AN ACT
To amend an Act creating the State Court of Carroll County,
approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended,
particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3516), 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 1. An Act creating the State Court of Carroll County,
approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended,
particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3516), is hereby amended by striking subsection (b) of Section 4,
which reads as follows:
(b) The judge of said court shall receive a salary to be paid
monthly out of the treasury of said county. This salary shall be in the
following amount: for 1978, $1420 per month; effective January 1,
1979, $17,600 per annum; effective January 1, 1980, $18,200 per
annum.,
GEORGIA LAWS 1981 SESSION
3817
and inserting in its place a new subsection to read as follows:
(b) The judge of the court shall receive an annual salary of
$20,000.00, payable in equal monthly installments from county
funds.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia a bill to amend the
Act creating a City Court of Carrollton now known as the State Court
of Carroll County, as amended, so as to change the compensation of
the judge of said court and for other purposes.
This 23rd day of December 1980.
/s/ Gerald L. Johnson
/s/ Charles W. Thomas, Jr.
/s/ Wayne Garner
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Thomas who, on oath,
deposes and says that he/she is Representative from the 66th 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 1, 8,
15,1981.
/s/ Charles Thomas
Representative,
66th District
3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GWINNETT COUNTY WATER AND SEWERAGE
AUTHORITY ACT AMENDED.
No. 292 (House Bill No. 680).
AN ACT
To amend an Act known as the Gwinnett County Water and
Sewerage Authority Act, approved March 13, 1970 (Ga. Laws 1970,
p. 2827), as amended, so as to provide for certain audit requirements;
to provide requirements as to meetings of the authority; to provide
additional procedures for filling of vacancies on the authority and for
appointment of successors to the members of the authority whose
terms expire; to provide for qualifications of members of the author-
ity; 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 Gwinnett County Water and
Sewerage Authority Act, approved March 13,1970 (Ga. Laws 1970,
GEORGIA LAWS 1981 SESSION
3819
p. 2827), as amended, is hereby amended by adding after Section 2
thereof a new Section 2A to read as follows:
Section 2A. Financial and meeting information and applications
for appointment, (a) The authority shall have conducted an annual
audit of the financial affairs, books, and records of the authority. The
audit shall be completed and submitted to the authority not later
than 90 days after the end of each fiscal year. The authority shall
obtain either a certified public accountant or a firm of such accoun-
tants to make the audit required herein in accordance with generally
accepted auditing standards. All audits provided for herein shall
result in submission of the certified public accountants opinion on
the financial statements which shall include, but in no way be limited
to, a balance sheet and a statement of operations or statement of
income or loss, and a statement of receipts and disbursements or
statement of changes in financial position. Such audit shall also
include a list of all written contracts entered into by the authority
during the period covered by the audit which call for the authority to
expend at any time in the aggregate more than $30,000.00. Such list
shall also include any employment or consultant contracts, whether
or not written, under which the employee or consultant, including but
not limited to accountants, engineers, and attorneys, is to be compen-
sated at an annual rate of more than $10,000.00, including direct and
indirect or deferred benefits. A copy of such audit, except the listing
of contracts, shall be published in the official organ of Gwinnett
County within ten days after the final report and audit is submitted
to the authority. The complete audit, including but not limited to the
listing of contracts, shall be filed in the office of the Clerk of the
Superior Court of Gwinnett County and be available there for public
inspection at all times during regular business hours.
(b) The authority shall establish the date, time, and place for all
regular meetings, notice of which shall be published in the official
organ of Gwinnett County. No action taken at such regular meetings
shall be effective unless such meeting was held in conformity with
such notice. The authority shall post a notice of the date, time, and
place of all called meetings. Such notice shall be posted at the door of
the Gwinnett County Courthouse at least 12 hours prior to such called
meeting. No action taken at such called meeting shall be effective
unless such notice was posted as provided and the called meeting was
held in conformity with such notice.
3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The authority shall advertise in the legal organ of Gwinnett
County for at least once a week for the three weeks immediately
preceding the week in which expires the term of office of any member
of the authority, the name of the member whose term will expire and
the date such term expires. The authority shall advertise in the legal
organ of Gwinnett County for at least once a week for two weeks
immediately following the week in which occurs a vacancy on the
authority, the name of the member who has vacated his position on
the authority and the date such vacancy occurred. No person may be
appointed to fill a vacancy in office on the board or to fill a new term
of office on the board until the advertisement has been published as
required herein. The authority shall establish procedures for taking
applications from any person wishing to become a member of the
authority. No person shall serve or be eligible to serve as a member of
the authority unless such person is a resident of Gwinnett County and
has applied for appointment as a member pursuant to the application
procedures established by the authority.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the Gwinnett County Water & Sewerage Authority,
approved March 13, 1970 (Ga. Laws 1970, p. 2827), as amended,
particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p.
5815); and for other purposes.
This 13 day of January, 1981.
/s/ R. T. Phillips
Representative,
59th District
GEORGIA LAWS 1981 SESSION
3821
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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 16,
23,30,1981.
M R. T. Phillips
Representative,
59th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GWINNETT COUNTYAIRPORT AUTHORITY
ACT AMENDED.
No. 293 (House Bill No. 681).
AN ACT
To amend an Act creating and establishing an airport authority
for Gwinnett County, approved April 10, 1971 (Ga. Laws 1971, p.
3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3668), as amended, so as to provide for certain audit requirements; to
provide requirements as to meetings of the authority; to provide
additional procedures for filling of vacancies on the authority and for
appointment of successors to the members of the authority whose
terms expire; to provide for qualifications of members of the author-
ity; 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 an airport authority
for Gwinnett County, approved April 10, 1971 (Ga. Laws 1971, p.
3668), as amended, is hereby amended by adding between Sections 29
and 30 thereof a new Section 29.1 to read as follows:
Section 29.1. Financial and meeting information and applica-
tions for appointment, (a) The authority shall have conducted an
annual audit of the financial affairs, books, and records of the
authority. The audit shall be completed and submitted to the
authority not later than 90 days after the end of each fiscal year. The
authority shall obtain either a certified public accountant or a firm of
such accountants to make the audit required herein in accordance
with generally accepted auditing standards. All audits provided for
herein shall result in submission of the certified public accountants
opinion on the financial statements which shall include, but in no way
be limited to, a balance sheet and a statement of operations or
statement of income or loss, and a statement of receipts and disburse-
ments or statement of changes in financial position. Such audit shall
also include a list of all written contracts entered into by the authority
during the period covered by the audit which call for the authority to
expend at any time in the aggregate more than $30,000.00. Such list
shall also include any employment or consultant contracts, whether
or not written, under which the employee or consultant, including but
not limited to accountants, engineers, and attorneys, is to be compen-
sated at an annual rate of more than $10,000.00, including direct and
indirect or deferred benefits. A copy of such audit, except the listing
of contracts, shall be published in the official organ of Gwinnett
County within ten days after the final report and audit is submitted
to the authority. The complete audit, including but not limited to the
listing of contracts, shall be filed in the office of the Clerk of the
Superior Court of Gwinnett County and be available there for public
inspection at all times during regular business hours.
GEORGIA LAWS 1981 SESSION
3823
(b) The authority shall establish the date, time, and place for all
regular meetings, notice of which shall be published in the official
organ of Gwinnett County. No action taken at such regular meetings
shall be effective unless such meeting was held in conformity with
such notice. The authority shall post a notice of the date, time, and
place of all called meetings. Such notice shall be posted at the door of
the Gwinnett County Courthouse at least 12 hours prior to such called
meeting. No action taken at such called meeting shall be effective
unless such notice was posted as provided and the called meeting was
held in conformity with such notice.
(c) The authority shall advertise in the legal organ of Gwinnett
County for at least once a week for the three weeks immediately
preceding the week in which expires the term of office of any member
of the authority, the name of the member whose term will expire and
the date such term expires. The authority shall advertise in the legal
organ of Gwinnett County for at least once a week for two weeks
immediately following the week in which occurs a vacancy on the
authority, the name of the member who has vacated his position on
the authority and the date such vacancy occurred. No person may be
appointed to fill a vacancy in office on the board or to fill a new term
of office on the board until the advertisement has been published as
required herein. The authority shall establish procedures for taking
applications from any person wishing to become a member of the
authority. No person shall serve or be eligible to serve as a member of
the authority unless such person is a resident of Gwinnett County and
has applied for appointment as a member pursuant to the application
procedures established by the authority.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating and establishing an airport authority for Gwinnett
County, approved April 10, 1971 (Ga. Laws 1971, p. 3668), as
amended; and for other purposes.
3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 13 day of January, 1981.
M R. T. 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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 16,
23,30,1981.
/s/ R. T. Phillips
Representative,
59th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
Is/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3825
GWINNETT COUNTY PUBLIC FACILITIES
AUTHORITY ACT AMENDED.
No. 294 (House Bill No. 682).
AN ACT
To amend an Act creating the Gwinnett County Public Facilities
Authority, approved April 17,1975 (Ga. Laws 1975, p. 4463), so as to
provide for certain audit requirements; to provide requirements as to
meetings of the authority; to provide additional procedures for filling
of vacancies on the authority and for appointment of successors to the
members of the authority whose terms expire; to provide for qualifi-
cations of members of the authority; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Gwinnett County Public Facili-
ties Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4463), is
hereby amended by adding between Section 25 and Section 26 thereof
a new Section 25.1 to read as follows:
Section 25.1. Financial and meeting information and applica-
tions for appointment, (a) The authority shall have conducted an
annual audit of the financial affairs, books, and records of the
authority. The audit shall be completed and submitted to the
authority not later than 90 days after the end of each fiscal year. The
authority shall obtain either a certified public accountant or a firm of
such accountants to make the audit required herein in accordance
with generally accepted auditing standards. All audits provided for
herein shall result in submission of the certified public accountants
opinion on the financial statements which shall include, but in no way
be limited to, a balance sheet and a statement of operations or
statement of income or loss, and a statement of receipts and disburse-
ments or statement of changes in financial position. Such audit shall
also include a list of all written contracts entered into by the authority
during the period covered by the audit which call for the authority to
expend at any time in the aggregate more than $30,000.00. Such list
shall also include any employment or consultant contracts, whether
or not written, under which the employee or consultant, including but
not limited to accountants, engineers, and attorneys, is to be compen-
sated at an annual rate of more than $10,000.00, including direct and
3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
indirect or deferred benefits. A copy of such audit, except the listing
of contracts, shall be published in the official organ of Gwinnett
County within ten days after the final report and audit is submitted
to the authority. The complete audit, including but not limited to the
listing of contracts, shall be filed in the office of the Clerk of the
Superior Court of Gwinnett County and be available there for public
inspection at all times during regular business hours.
(b) The authority shall establish the date, time, and place for all
regular meetings, notice of which shall be published in the official
organ of Gwinnett County. No action taken at such regular meetings
shall be effective unless such meeting was held in conformity with
such notice. The authority shall post a notice of the date, time, and
place of all called meetings. Such notice shall be posted at the door of
the Gwinnett County Courthouse at least 12 hours prior to such called
meeting. No action taken at such called meeting shall be effective
unless such notice was posted as provided and the called meeting was
held in conformity with such notice.
(c) The authority shall advertise in the legal organ of Gwinnett
County for at least once a week for the three weeks immediately
preceding the week in which expires the term of office of any member
of the authority, the name of the member whose term will expire and
the date such term expires. The authority shall advertise in the legal
organ of Gwinnett County for at least once a week for two weeks
immediately following the week in which occurs a vacancy on the
authority, the name of the member who has vacated his position on
the authority and the date such vacancy occurred. No person may be
appointed to fill a vacancy in office on the board or to fill a new term
of office on the board until the advertisement has been published as
required herein. The authority shall establish procedures for taking
applications from any person wishing to become a member of the
authority. No person shall serve or be eligible to serve as a member of
the authority unless such person is a resident of Gwinnett County and
has applied for appointment as a member pursuant to the application
procedures established by the authority.
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.
GEORGIA LAWS 1981 SESSION
3827
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the Gwinnett County Public Facilities Authority,
approved April 17, 1975 (Ga. Laws 1975, p. 4463); and for other
purposes.
This 13 day of January, 1981.
/s/ R. T. 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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 16,
23,30,1981.
/s/ R. T. Phillips
Representative,
59th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY RECREATION AUTHORITY
ACT AMENDED.
No. 295 (House Bill No. 683).
AN ACT
To amend an Act creating the Gwinnett County Recreation
Authority, approved April 17,1975 (Ga. Laws 1975, p. 3108), so as to
provide for certain audit requirements; to provide requirements as to
meetings of the authority; to provide additional procedures for filling
of vacancies on the authority and for appointment of successors to the
members of the authority whose terms expire; to provide for qualifi-
cations of members of the authority; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Gwinnett County Recreation
Authority, approved April 17,1975 (Ga. Laws 1975, p. 3108), is hereby
amended by adding between Sections 25 and 26 thereof a new Section
25.1 to read as follows:
Section 25.1. Financial and meeting information and applica-
tions for appointment, (a) The authority shall have conducted an
annual audit of the financial affairs, books, and records of the
authority. The audit shall be completed and submitted to the
authority not later than 90 days after the end of each fiscal year. The
authority shall obtain either a certified public accountant or a firm of
such accountants to make the audit required herein in accordance
with generally accepted auditing standards. All audits provided for
herein shall result in submission of the certified public accountants
opinion on the financial statements which shall include, but in no way
be limited to, a balance sheet and a statement of operations or
statement of income or loss, and a statement of receipts and disburse-
ments or statement of changes in financial position. Such audit shall
GEORGIA LAWS 1981 SESSION
3829
also include a list of all written contracts entered into by the authority
during the period covered by the audit which call for the authority to
expend at any time in the aggregate more than $30,000.00. Such list
shall also include any employment or consultant contracts, whether
or not written, under which the employee or consultant, including but
not limited to accountants, engineers, and attorneys, is to be compen-
sated at an annual rate of more than $10,000.00, including direct and
indirect or deferred benefits. A copy of such audit, except the listing
of contracts, shall be published in the official organ of Gwinnett
County within ten days after the final report and audit is submitted
to the authority. The complete audit, including but not limited to the
listing of contracts, shall be filed in the office of the Clerk of the
Superior Court of Gwinnett County and be available there for public
inspection at all times during regular business hours.
(b) The authority shall establish the date, time, and place for all
regular meetings, notice of which shall be published in the official
organ of Gwinnett County. No action taken at such regular meetings
shall be effective unless such meeting was held in conformity with
such notice. The authority shall post a notice of the date, time, and
place of all called meetings. Such notice shall be posted at the door of
the Gwinnett County Courthouse at least 12 hours prior to such called
meeting. No action taken at such called meeting shall be effective
unless such notice was posted as provided and the called meeting was
held in conformity with such notice.
(c) The authority shall advertise in the legal organ of Gwinnett
County for at least once a week for the three weeks immediately
preceding the week in which expires the term of office of any member
of the authority, the name of the member whose term will expire and
the date such term expires. The authority shall advertise in the legal
organ of Gwinnett County for at least once a week for two weeks
immediately following the week in which occurs a vacancy on the
authority, the name of the member who has vacated his position on
the authority and the date such vacancy occurred. No person may be
appointed to fill a vacancy in office on the board or to fill a new term
of office on the board until the advertisement has been published as
required herein. The authority shall establish procedures for taking
applications from any person wishing to become a member of the
authority. No person shall serve or be eligible to serve as a member of
the authority unless such person is a resident of Gwinnett County and
has applied for appointment as a member pursuant to the application
procedures established by the authority.
3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the Gwinnett County Recreation Authority, approved
April 17,1975 (Ga. Laws 1975, p. 3108); and for other purposes.
This 13 day of January, 1981.
/s/ R. T. Phillips
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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 16,
23,30,1981.
/s/ R. T. Phillips
Representative,
59th District
GEORGIA LAWS 1981 SESSION
3831
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GWINNETT COUNTY INDUSTRIAL BUILDING
AUTHORITY ACT AMENDED.
No. 296 (House Bill No. 684).
AN ACT
To change certain provisions relating to the Gwinnett Industrial
Building Authority created by an amendment to Article V, Section IX
of the Georgia Constitution pursuant to Resolution Number 179 (Ga.
Laws 1962, p. 927), so as to provide authority for certain amendments;
to provide for certain audit requirements; to provide requirements as
to meetings of the authority; to provide additional procedures for
filling of vacancies on the authority and for appointment of successors
to the members of the authority whose terms expire; to provide for
qualifications of members of the authority; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Gwinnett Industrial Building Authority shall
have conducted an annual audit of the financial affairs, books, and
records of the authority. The audit shall be completed and submitted
to the authority not later than 90 days after the end of each fiscal
year. The authority shall obtain either a certified public accountant
or a firm of such accountants to make the audit required herein in
3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
accordance with generally accepted auditing standards. All audits
provided for herein shall result in submission of the certified public
accountants opinion on the financial statements which shall include,
but in no way be limited to, a balance sheet and a statement of
operations or statement of income or loss, and a statement of receipts
and disbursements or statement of changes in financial position. Such
audit shall also include a list of all written contracts entered into by
the authority during the period covered by the audit which call for the
authority to expend at any time in the aggregate more than
$30,000.00. Such list shall also include any employment or consultant
contracts, whether or not written, under which the employee or
consultant, including but not limited to accountants, engineers, and
attorneys, is to be compensated at an annual rate of more than
$10,000.00, including direct and indirect or deferred benefits. A copy
of such audit, except the listing of contracts, shall be published in the
official organ of Gwinnett County within ten days after the final
report and audit is submitted to the authority. The complete audit,
including but not limited to the listing of contracts, shall be filed in
the office of the Clerk of the Superior Court of Gwinnett County and
be available there for public inspection at all times during regular
business hours.
Section 2. The Gwinnett Industrial Building Authority shall
establish the date, time, and place for all regular meetings, notice of
which shall be published in the official organ of Gwinnett County. No
action taken at such regular meetings shall be effective unless such
meeting was held in conformity with such notice. The authority shall
post a notice of the date, time, and place of all called meetings. Such
notice shall be posted at the door of the Gwinnett County Courthouse
at least 12 hours prior to such called meeting. No action taken at such
called meeting shall be effective unless such notice was posted as
provided and the called meeting was held in conformity with such
notice.
Section 3. The Gwinnett Industrial Building Authority shall
advertise in the legal organ of Gwinnett County for at least once a
week for the three weeks immediately preceding the week in which
expires the term of office of any member of the authority, the name of
the member whose term will expire and the date such term expires.
The authority shall advertise in the legal organ of Gwinnett County
for at least once a week for two weeks immediately following the week
in which occurs a vacancy on the authority, the name of the member
who has vacated his position on the authority and the date such
GEORGIA LAWS 1981 SESSION
3833
vacancy occurred. No person may be appointed to fill a vacancy in
office on the board or to fill a new term of office on the board until the
advertisement has been published as required herein. The authority
shall establish procedures for taking applications from any person
wishing to become a member of the authority. No person shall serve
or be eligible to serve as a member of the authority unless such person
is a resident of Gwinnett County and has applied for appointment as a
member pursuant to the application procedures established by the
authority.
Section 4. For purposes of this Act, the Gwinnett Industrial
Building Authority is that authority created by an amendment
adding a new paragraph to Article V, Section IX of the Georgia
Constitution pursuant to Resolution Number 179 (Ga. Laws 1962, p.
927), and this Act is authorized pursuant to Section N of that new
paragraph.
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 Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to provide
requirements and restrictions concerning audits and meetings of and
vacancies on the Gwinnett Industrial Building Authority created by
Resolution Number 179 (Ga. Laws 1962, p. 927); and for other
purposes.
This 13 day of January, 1981.
/s/ R. T. Phillips
Representative,
59th District
227
3834 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 Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: January 16,
23,30,1981.
/s/ R. T. Phillips
Representative,
59th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
WALTON COUNTYSMALL CLAIMS COURT CREATED.
No. 297 (House Bill No. 699).
AN ACT
To create and establish a Small Claims Court of Walton County;
to provide for the initial judge; to prescribe the jurisdiction of said
court; to prescribe the pleading and practice in said court; to provide
GEORGIA LAWS 1981 SESSION
3835
for the appointment, duties, powers, compensation, qualifications,
substitutions and tenure of the office of the judge of said court; to
provide that the judge of said court shall be exempt from jury duty in
the superior court and any other court existing or that may be created
and established in Walton County; 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 and compensa-
tion; to provide for the service of summons of said court; 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 acts and proceedings of the court; to provide for
the continuation of certain processes, actions, suits, and cases; to
provide for other matters relative to the foregoing; to provide for
legislative intent; to provide for severability; to provide an effective
date; to provide conditions for 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 and established a Small
Claims Court of Walton County. Such court shall have civil jurisdic-
tion 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 Walton 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) Any person appointed as a judge of the Small
Claims Court created by this Act must be a resident of Walton
County, ft least twenty-two years of age, have completed a high
school education, 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 Walton County.
3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Walton County or any judge of a State Court located in
Walton 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-
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 Walton 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 pai y 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
GEORGIA LAWS 1981 SESSION
3837
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 $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.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon the failure of the defendant to appear, 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 proceed-
ing and ruling had in each case shall be indicated.
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. 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.
3838 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 $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.
Section 9. (a) The trial shall be conducted on the day 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, prac-
tice 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
GEORGIA LAWS 1981 SESSION
3839
execution, and to order partial payments in such amounts, over such
periods, and upon such terms as shall seem just under the circum-
stances 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 Walton 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 Walton 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 author-
ity, 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
Walton 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, regard-
less 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.
3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 _____________________ County
____________________________________________________Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim, and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
GEORGIA LAWS 1981 SESSION
3841
Plaintiff (or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
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 heatring 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.
3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
You may come with or without an attorney.
Judge-Clerk of the Small Claims Court
of__________________________County
(Seal).
Section 18. (a) The judge of the small claims court in Walton
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the Governor shall appoint the judge of the small
claims court for a term of four years and until his successor is
appointed and qualified. All vacancies in the office of judge shall be
filled by appointment by the Governor, 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, shall be furnished by the Board of County Commissioners.
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, and he shall also designate the time when each answer to a
summons of garnishment shall be filed. No garnishee may be
required to file his answer sooner than ten days after he is served with
summons, however. Whenever a garnishee shall fail to answer at the
time so stated in the summons served upon him, unless the court, in
its discretion, extends the time for filing, the judge may immediately
render judgment and issue an execution against the garnishee in favor
of the plaintiff for the amount previously adjudged to be due the
plaintiff by the original defendant, and also for costs in the garnish-
ment proceeding, but no judgment shall be rendered against a gar-
nishee before a final judgment shall have first been rendered against
the defendant.
GEORGIA LAWS 1981 SESSION
3843
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, or it may be served
by registered or certified mail, provided such service by mail is
evidenced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit or to the writ of
attachment. It shall be prima facie evidence of service on the
garnishee if the sealed envelope in which said summons was mailed to
the garnishee by registered or certified mail is returned to the sender
by the United States postal authorities marked refused, giving the
date of refusal, and signed or initialed by a United States Postal
Service employee or United States mail carrier to whom refusal was
made. 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, or
on the back of a conformed copy of the original summons of garnish-
ment which was given to the garnishee, or such entry of service may be
made on a separate paper and attached to the said garnishment
affidavit or the writ of attachment, as the case may be.
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 Walton County treasury or
Walton County 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 $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.
Section 24. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Walton County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Walton County which
is created by this Act.
Section 25. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Walton County. It is the further
intent of the General Assembly that the court created by this Act
shall be a continuation of the heretofore existing small claims court in
3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Walton County as created by an Act approved March 28, 1974 (Ga.
Laws 1974, p. 3650), as amended, which court shall stand abolished by
action of the General Assembly effective July 1,1981.
Section 26. 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 uncon-
stitutional 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 27. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act to create and establish a Small Claims Court in and
for each county of the State having a population of not less than
22,830 and not more than 23,500, according to the United States
Decennial Census of 1970 or any future such census; to prescribe the
jurisdiction of said court; to prescribe the pleading and practice in
said court; to provide for the appointment, duties, powers, compensa-
tion, qualifications, substitutions and tenure of the office of the judge
of said court; to provide that the judge of said court shall be exempt
from jury duty in the superior court and any other court existing or
that may be created and established in said county; to provide for
clerks 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 and compensation; to provide for the service of summons of
said court; 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 the furnishing of certain law books to said
court; to provide for validating the acts of said court and the proceed-
ings therein; to provide for severability; to repeal conflicting laws; and
for other purposes., approved March 28, 1974 (Ga. Laws 1974, p.
3650), as amended by an Act approved February 20, 1976 (Ga. Laws
1976, p. 2721); to provide an effective date; to provide conditions for
the effective date; to repeal conflicting laws; and for other purposes.,
does not pass the 1981 session of the General Assembly and is not
GEORGIA LAWS 1981 SESSION
3845
signed by the Governor or does not become law without his signature,
this Act shall be null and void and shall stand repealed in its entirety.
Section 28. All laws and parts of laws in conflict with this Act
are hereby repealed.
Notice to Introduce Local Legislation.
State of Georgia
County of Walton.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to create and
establish a Small Claims Court in and for Walton County, Georgia,
and for other purposes.
This 23rd day of December, 1980.
Neal Jackson
Representative-Elect
From Walton County District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Need Jackson who, on oath, deposes
and says that he/she is Representative from the 75th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walton Tribune which is the official
organ of Walton County, on the following dates: January 8, 15, 22,
1981.
/s/ Neal Jackson
Representative,
75th District
3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (22,830 - 23,500).
No. 298 (House Bill No. 700).
AN ACT
To repeal an Act entitled An Act to create and establish a Small
Claims Court in and for each county of the State having a population
of not less than 22,830 and not more than 23,500, according to the
United States Decennial Census of 1970 or any future such census; 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 that the judge of said court shall be
exempt from jury duty in the superior court and any other court
existing or that may be created and established in said county; to
provide for clerks and for said court and for their duties and compen-
sation; to provide for one or more bailiffs of and for said court and for
their duties and compensation; to provide for the service of summons
of said court; to provide for the procedure and practice in garnish-
ments; to provide for the procedure and practice in issuing of execu-
tions; 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 the furnishing of certain law books
GEORGIA LAWS 1981 SESSION
3847
to said court; 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., approved March 28, 1974 (Ga. Laws
1974, p. 3650), as amended by an Act approved February 20,1976 (Ga.
Laws 1976, p. 2721); to provide an effective date; to provide condi-
tions for the effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to create and establish a
Small Claims Court in and for each county of the State having a
population of not less than 22,830 and not more than 23,500, accord-
ing to the United States Decennial Census of 1970 or any future such
census; 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 that the judge
of said court shall be exempt from jury duty in the superior court and
any other court existing or that may be created and established in said
county; to provide for clerks 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 and compensation; to provide for the service
of summons of said court; 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 the furnishing of certain law books
to said court; 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., approved March 28, 1974 (Ga. Laws
1974, p. 3650), as amended by an Act approved February 20,1976 (Ga.
Laws 1976, p. 2721), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Walton
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
CITY OF MONROECONTRACTS.
No. 299 (House Bill No. 701).
AN ACT
To amend an Act reincorporating the City of Monroe in Walton
County and creating a new charter for such city, approved April 8,
1971 (Ga. Laws 1971, p. 3805), as amended, so as to change the
provision relating to certain contracts entered into by the Water,
Light and Gas Commission; 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 Monroe in Walton
County and creating a new charter for such city, approved April 8,
1971 (Ga. Laws 1971, p. 3805), as amended, is hereby amended by
striking from the first sentence of Section 6.08 the following:
one year,
and inserting in lieu thereof the following:
20 years,
so that when so amended Section 6.08 of said Act shall read as follows:
Section 6.08. Water, Light & Gas CommissionRules and
Regulations. Be it further enacted, that the water, light and gas
commission may make such rules and regulations for distribution and
sales of water, lights, gas and for sewer service charge as they deem
GEORGIA LAWS 1981 SESSION
3849
proper regarding the operation of such systems, but shall not make
any contracts for such systems for a period longer than 20 years, nor
shall they by contract limit or restrain their own power nor that of
their successors to make contracts with other persons, or modify or
discontinue such as they make whenever in their judgment it is best to
do so.
The Commissioners may pass such rules and regulations for the
protection of the systems as they may deem proper, and when
adopted by the council of the city they shall have the force and effect
of ordinances of the city.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
State of Georgia
County of Walton
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act reincorporating the City of Monroe in Walton County and
creating a new charter for such city, approved April 8,1971 (Ga. Laws
1971, p. 3805), as amended; and for other purposes.
This the 7th day of January, 1981.
Neal Jackson
Representative-Elect
From Walton County District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Neal Jackson who, on oath, deposes
3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he/she is Representative from the 75th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walton Tribune which is the official
organ of Walton County, on the following dates: January 1, 8 and 15,
1981.
/s/ Neal Jackson
Representative,
75th District
Sworn to and subscribed before me,
this 12th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
ACT AMENDED.
No. 300 (House Bill No. 707).
AN ACT
To amend an Act creating the Brunswick-Glynn County Charter
Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), as
amended, particularly by an Act approved March 25,1980 (Ga. Laws
1980, p. 3950), so as to extend the time within which said commission
shall complete its work; to provide an effective date; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
3851
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Brunswick-Glynn County Char-
ter Commission, approved April 11,1979 (Ga. Laws 1979, p. 3378), as
amended, is hereby amended by striking from subsection (a) of
Section 8 of said Act wherever it appears in said subsection the
following:
March 31,1981,
and inserting in lieu thereof the following:
September 30,1982,
so that when so amended, subsection (a) of Section 8 of said Act shall
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 September 30, 1982, 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 September 30, 1982. 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 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Brunswick-Glynn County Charter Commission,
3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved April 11,1979 (Ga. Laws 1979, p. 3378), as amended by an
Act approved March 25,1980 (Ga. Laws 1980, p. 3950); and for other
purposes.
This 13 day of January, 1981.
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 21, 28, and
February 4,1981.
/s/ Dean G. Auten
Representative,
154th District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3853
STATE COURT OF CHEROKEE AND FORSYTH
COUNTIESSALARIES, ETC.
No. 301 (House Bill No. 709).
AN ACT
To amend an Act creating the State Court of Cherokee and
Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p.
2114), so as to change the compensation of the judge and solicitor of
said court; to provide for certain editorial changes; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cherokee and
Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p.
2114), 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. Judges qualifications, salary and oath, (a) The judge
of the State Court of Cherokee and Forsyth Counties shall receive a
salary of $21,000.00 per annum and shall be paid monthly by the
commissioner of Cherokee County and by the board of commissioners
of Forsyth County in the way and manner hereinafter provided.
(b) The judge of said court shall not practice law in any case or
matter in Cherokee and Forsyth Counties of which the State Court of
Cherokee and Forsyth Counties has jurisdiction. If for any reason the
judge shall be absent or disqualified to act in any case, the senior
judge of the superior court shall assign a superior court judge to
preside or said senior judge may, in his discretion, appoint a judge pro
hac vice to preside in said case, whose compensation shall be fixed by
the senior judge of the superior court and paid by the commissioner of
Cherokee County and by the board of commissioners of Forsyth
County as herein provided. No person shall be eligible for the office
of judge of said court unless he shall, at the time of qualification, be at
least 30 years of age; a resident of Cherokee County or Forsyth
County at least for six months immediately preceding his appoint-
ment or election; and must have actively practiced law for at least
three years in this state immediately before taking office. Before
entering upon the duties of his office, said judge shall take and
subscribe to the following oath before the judge of the Probate Court
of Cherokee and Forsyth Counties, Georgia:
3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I solemnly swear that I will administer justice without
respect to persons and do equal rights to rich and poor, and I will
faithfully and impartially discharge all duties which may be
required of me as judge of the State Court of Cherokee and
Forsyth Counties according to the best of my ability and under-
standing agreeable to the laws and Constitution of the United
States and of the State of Georgia, so help me God.,
which oath shall be filed with the clerk of the superior court of
each 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. Solicitors qualifications, salary and oath, (a) The
salary of the solicitor of said court shall be the sum of $18,000.00 per
annum and shall be paid monthly by the commissioner of Cherokee
County and by the board of commissioners of Forsyth County in the
manner hereinafter provided.
(b) The solicitor of said court shall receive no other compensa-
tion for his duties as such and shall not practice law in Cherokee and
Forsyth Counties in any case of which the State Court of Cherokee
and Forsyth Counties has jurisdiction. No person shall be eligible to
hold the office of solicitor unless, at the time of his qualification, he
shall be at least 25 years of age and shall have been a resident of either
Cherokee or Forsyth County for a period of at least six months
immediately preceding his election and shall have been actively
engaged in the practice of law in this state for three years immediately
before taking office. Said solicitor, before entering upon the duties of
his office, shall take and subscribe the following oath before the judge
of the Probate Court of Cherokee and Forsyth Counties:
I do solemnly swear that I will faithfully and impartially, and
without favor or affection, discharge my duties as solicitor of the
State Court of Cherokee and Forsyth Counties, so help me God.
If for any reason the solicitor shall be absent or disqualified to act
in any case, the court shall appoint a solicitor pro tempore whose
compensation shall be fixed by the judge of said court and who shall
be paid by the commissioner of Cherokee County and by the board of
commissioners of Forsyth County.
GEORGIA LAWS 1981 SESSION
3855
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating a court to be known as the State Court of Cherokee and
Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p.
2114), so as to change the compensation of the judge and solicitor of
said court; and for other purposes.
This 14th day of January, 1981.
/s/ Wendell T. Anderson
Representative,
8th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wendell T. Anderson, Sr. who, on
oath, deposes and says that he/she is Representative from the 8th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Cherokee Tribune which
is the official organ of Cherokee County, on the following dates:
January 21,28 and February 4,1981.
/s/ Wendell T. Anderson, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating a court to be known as the State Court of Cherokee and
Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p.
2114), so as to change the compensation of the judge and solicitor of
said court; and for other purposes.
This 15 day of January, 1981.
Joe T. Wood,
Representative,
9th District
Jerry D. Jackson,
Representative,
9th District
Bobby Lawson,
Representative,
9th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe T. Wood who, on oath, deposes
and says that he/she is Representative from the 9th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Forsyth County News which is the official
organ of Forsyth County, on the following dates: January 28, Febru-
ary 4,11,1981.
/s/ Joe T. Wood
Representative,
9th District
GEORGIA LAWS 1981 SESSION
3857
Sworn to and subscribed before me,
this 11th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF GRADY COUNTYJURIES.
No. 305 (House Bill No. 725).
AN ACT
To amend an Act establishing the State Court of Grady County,
approved August 8,1906 (Ga. Laws 1906, p. 191), as amended, so as to
change the provision relative to juries; to provide that jurors shall be
drawn from the traverse jury list of the superior court; to provide for
the size and manner of selecting the jurors; 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 the State Court of Grady County,
approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, is
hereby amended by striking Section 24, relating to juries, in its
entirety and substituting in lieu thereof the following:
3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24. The jurors in the State Court of Grady County shall
be drawn from the traverse jury list of the Superior Court of Grady
County. Unless a jury trial is waived, the jury in all civil and criminal
cases shall consist of six jurors selected from a panel of 12 qualified
prospective jurors. Each party shall have three peremptory strikes.
The plaintiff in civil cases and the state in criminal cases shall have
the first strike.
Section 2. This Act shall become effective on 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 that there will be introduced at the 1981
Session of the Georgia General Assembly an Act to amend an Act
establishing the State Court of Grady County (formerly known as the
City Court of Cairo, in and for the County of Grady) approved the 8th
day of August, 1906, as amended, so as to provide for trial in said
court, in civil and criminal cases, by a jury of six (6), and to provide for
the size of the jury panels and the method and manner of selection; to
provide the procedure in connection therewith; to repeal conflicting
laws; and for other purposes.
This 16th day of December, 1980.
Board of Commissioners of
Grady County, Georgia
By: J. Patrick Ward
Attorney for Grady
County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bobby Long who, on oath, deposes
GEORGIA LAWS 1981 SESSION
3859
and says that he/she is Representative from the 142nd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Cairo Messenger which is the official
organ of Grady County, on the following dates: December 26, 1980,
January 6,13,1981.
/s/ Bobby Long
Representative,
142nd District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF GRADY COUNTYELECTION
OF JUDGE, ETC.
No. 306 (House Bill No. 726).
AN ACT
To amend an Act establishing the State Court of Grady County,
approved August 8,1906 (Ga. Laws 1906, p. 191), as amended, so as to
extend the term of the current judge; to provide for the election of
subsequent judges; to provide for other matters relative to the
foregoing; to repeal conflicting laws; and for other purposes.
3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Grady County,
approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, is
hereby amended by designating the current language of Section 4 of
said Act as subsection (a) and by adding immediately following newly
designated subsection (a) the following:
(b) (1) The judge of the State Court of Grady County in office
on July 1, 1981, shall continue in office until December 31, 1982,
and until his successor is elected and qualified under paragraph
(2).
(2) The judge of the State Court of Grady County shall be
elected in the manner provided by law for the election of judges of
the state court at the general election in November, 1982, for a
term of four years beginning on the first day of January, 1983, and
until his successor is elected and qualified. Future successors shall
be elected at the general election each four years after such
election for a term of four years and until their successors are
elected and qualified. They shall take office on the first day of
January following the date of the election.
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 there will be introduced at the 1981
Session of the Georgia General Assembly an Act to amend an Act
establishing the State Court of Grady County (formerly known as the
City Court of Cairo, in and for the County of Grady) approved the 8th
day of August, 1906, as amended, so as to provide for trial in said
court, in civil and criminal cases, by a jury of six (6), and to provide for
the size of the jury panels, and the method and manner of selection; to
provide the procedure in connection therewith; to repeal conflicting
laws; and for other purposes.
This 16th day of December, 1980.
GEORGIA LAWS 1981 SESSION
3861
Board of Commissioners of
Grady County, Georgia
By: J. Patrick Ward
Attorney for Grady
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
Legislation was published in the Cairo Messenger which is the official
organ of Grady County, on the following dates: December 26, 1980,
January 6,13,1981.
/s/ Bobby Long
Representative,
142nd District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TERRELL COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 307 (House Bill No. 727).
AN ACT
To amend an Act to create and establish a Small Claims Court of
Terrell County, approved February 16,1979 (Ga. Laws 1979, p. 3012),
so as to change the jurisdiction of the court; to increase the fees in the
court; 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
of Terrell County, approved February 16, 1979 (Ga. Laws 1979, p.
3012), is hereby amended by striking from Section 1 of said Act the
following:
$1,000.00,
and substituting in lieu thereof the following:
$2,000.00,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court of Terrell County. Said court shall have civil jurisdic-
tion 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 subsec-
tion (d) of Section 6 of said Act the following:
$5.00,
GEORGIA LAWS 1981 SESSION
3863
and substituting in lieu thereof the following:
$7.50,
so that when so amended subsection (d) of Section 6 of said Act shall
read as follows:
(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.
Section 3. Said Act is further amended by striking from subsec-
tion (a) of Section 8 of said Act the following:
The deposit of cost in cases of attachment, garnishment or trover
shall be $10.00.,
and substituting in lieu thereof the following:
The deposit of cost in cases of attachment or trover shall be
$10.00, and the deposit of cost in cases of garnishment shall be
$12.50.,
so that when so amended subsection (a) of Section 8 of said Act shall
read as follows:
Section 8. (a) The plaintiff, when he files his claims, 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 or trover shall be $10.00, and the deposit
of cost in cases of garnishment 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.
Section 4. Said Act is further amended by striking from subsec-
tion (b) of Section 8 of said Act the following:
$7.50,
3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and substituting in lieu thereof the following:
$10.00,
so that when so amended subsection (b) of Section 8 of said Act shall
read as follows:
(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 illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
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 in the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of Terrell County, approved
February 16,1979 (Ga. Laws 1979, p. 3012), as amended; and for other
purposes.
This the 12th day of January, 1981.
Bob Hanner
Representative,
130th District
GEORGIA LAWS 1981 SESSION
3865
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 Dawson News which is the official
organ of Terrell County, on the following dates: January 15, 22, 29,
1981.
/s/ Bob Hanner
Representative,
130th District
Sworn to and subscribed before me,
this 12th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
IRWIN COUNTYCOMPENSATION OF CHAIRMAN OF
BOARD OF COMMISSIONERS.
No. 308 (House Bill No. 729).
AN ACT
To amend an Act creating a board of commissioners for Irwin
County, approved February 16, 1933 (Ga. Laws 1933, p. 571), as
228
3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved February 18, 1977 (Ga.
Laws 1977, p. 2707), so as to change the compensation of the chairman
of the board of commissioners; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Irwin
County, approved February 16, 1933 (Ga. Laws 1933, p. 571), as
amended, particularly by an Act approved February 18, 1977 (Ga.
Laws 1977, p. 2707), is hereby amended by striking from Section 6 the
figure $3,000.00 and inserting in lieu thereof the figure $9,000.00
so that when so amended said Section 6 shall read as follows:
Section 6. Be it further enacted by the authorities aforesaid that
the salaries to be received by the commissioners, except the chairman,
shall be $1,200.00 per year, payable monthly in equal installments.
The chairman of the board of commissioners shall receive a salary of
$9,000.00 per year, payable monthly in equal installments, and such
other necessary expenses as are approved by the board. The chair-
man of the board of commissioners shall also receive a local travel
expense of $6,000.00 per year, payable monthly in equal installments
and the other commissioners shall receive a local travel expense of
$2,400.00 per year, payable monthly in equal installments. No other
allowance shall be made for local necessary expenses. The chairman
of said board of commissioners shall be the chief administrative
officer of the county and shall devote his full time to the duties of his
office.
Section 2. This Act shall become effective on May 1,1981.
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
1981 session of the General Assembly a bill to change the salary of the
Chairman of the Board of Commissioners for Roads and Revenues of
Irwin County, Georgia; and for other purposes.
GEORGIA LAWS 1981 SESSION
3867
This 14th day of January, 1981.
J. C. Harper,
Chairman of the Board of
Commissioners for Roads
and Revenues of Irwin
County, Georgia
Georgia, Irwin County.
Personally appeared W. S. Bradford, Jr., before the undersigned
attesting officer duly authorized to administer oaths, and after being
sworn to speak the truth, says as follows:
My name is W. S. Bradford, Jr., and I am the Editor and Publisher
of The Ocilla Star, the legal organ for Irwin County, Georgia. I
further certify that the following Notice of Intention to Introduce
Legislation was published and did run in said newspaper for the
weeks of January 15,22, and 29,1981, as required by law:
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly a bill to change the salary of the
Chairman of the Board of Commissioners for Roads and Revenues of
Irwin County, Georgia; and for other purposes.
This 14th day of January, 1981.
J. C. Harper, Chairman of
the Board of Commissioners
of Roads and Revenues of
Irwin County, Georgia
This ^th day of February, 1981.
Is/ W. S. Bradford, Jr.(LS)
3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Larry P. Harper
Notary Public
Approved April 6, 1981.
UNION COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT.
No. 309 (House Bill No. 736).
AN ACT
To amend an Act abolishing the method of compensating the
Judge of the Probate Court of Union County known as the fee system
and providing an annual salary for said officer, approved February 27,
1970 (Ga. Laws 1970, p. 2182), as amended by an Act approved
February 18, 1977 (Ga. Laws 1977, p. 2703), so as to change the
provisions relative to the compensation of said officer; to provide an
expense allowance for said officer and for expenses while on official
business outside 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. An Act abolishing the method of compensating the
Judge of the Probate Court of Union County known as the fee system
and providing an annual salary for said officer, approved February 27,
1970 (Ga. Laws 1970, p. 2182), as amended by an Act approved
February 18, 1977 (Ga. Laws 1977, p. 2703), is hereby amended by
striking Section 1 in its entirety and substituting in lieu thereof a new
Section 1 to read as follows:
GEORGIA LAWS 1981 SESSION
3869
Section 1. (a) The Judge of the Probate Court of Union County
shall receive an annual salary of $16,500.00 which shall be paid in
equal monthly installments from the funds of Union County.
(b) In addition to the compensation provided for by subsection
(a) of this Section, the Judge of the Probate Court of Union County
shall receive an expense allowance of $200.00 per month to reimburse
said officer for expenses incurred in carrying out his official duties
within Union County. Said officer shall also be reimbursed for actual
and necessary expenses incurred by said officer when traveling out-
side of Union County on official business. The expenses provided for
herein shall be paid from the funds of Union County. In the event
said officer uses his own automobile in carrying out his official duties,
the expenses for the maintenance and operation of said automobile
shall be paid from county funds, and such expenses shall be paid in
addition to other expenses provided for by this subsection.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act abolishing the fee system of compensation for the Judge of the
Probate Court of Union County and providing an annual salary for
said officer, approved February 27,1970 (Ga. Laws 1970, p. 2182), as
amended; and for other purposes.
This 20th day of January, 1981.
/s/ Carlton Colwell
Representative,
4th District
3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell 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 Legisla-
tion was published in the North Georgia News which is the official
organ of Union County, on the following dates: January 22, 29 and
February 5,1981.
/s/ Carlton Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
COLUMBUS, GEORGIAPERSONNEL REVIEW BOARD.
No. 310 (House Bill No. 749).
AN ACT
To amend the Charter of Columbus, Georgia, approved October 5,
1971 (Ga. L. 1971, Extra. Sess. September-October 1971, p. 2007), as
amended, to provide that the Personnel Review Board shall be a
GEORGIA LAWS 1981 SESSION
3871
Charter authorized Board 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
further amended as follows:
Section 1. That Article IV, Chapter 6 of the Charter of
Columbus, Georgia be, and the same is hereby amended by adding
thereto a new Subchapter B which shall read as follows:
SUBCHAPTER B. ATTACHED TO DEPARTMENTS
Sec. 4-610. Personnel Review Board.
The personnel review board shall make recommendations on
personnel rules and regulations; hear appeals from employees under
procedures established by ordinance of the Council pertaining to
classification, reclassification and allocation of positions within the
merit service; hear appeals from disciplinary actions; investigate
conditions of employment in the service of the consolidated govern-
ment and report thereon at least annually to the Council; and perform
such other functions and duties as may be 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 newspa-
per in which sheriffs 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.
3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Columbus, Georgia.
Notice is hereby given that application will be made at the session
of the General Assembly of Georgia convening in January, 1981, for
the passage of a Bill to provide that the Personnel Review Board shall
be a Charter authorized Board of Columbus, Georgia.
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 Publisher of The Columbus Ledger,
the newspaper published in Columbus, Muscogee County, Georgia, in
which the sheriffs 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, to-wit: January
2,1981, January 9,1981 and January 16,1981.
/s/ Glenn Vaughn, Jr.
Sworn to and subscribed before me,
this the 16 day of January, 1981.
/s/ Hazel R. Jones
Notary Public, Muscogee County, Georgia.
(Seal).
Approved April 6, 1981.
GEORGIA LAWS 1981 SESSION
3873
CITY OF RUTLEDGEPOLICE COURT FINES.
No. 311 (House Bill No. 754).
AN ACT
To amend an Act creating a new charter for the City of Rutledge,
approved August 13,1909 (Ga. Laws 1909, p. 1345), as amended, so as
to change the fine authorized to be imposed in 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 new charter for the City of
Rutledge, approved August 13, 1909 (Ga. Laws 1909, p. 1345), as
amended, is hereby amended by striking from Section 16 of said Act
the following:
$100,
and substituting in lieu thereof the following:
$500.00,
so that when so amended Section 16 of said Act shall read as follows:
Sec. 16. Be it further enacted, That the mayor, or in his absence
or disqualification, any two or more councilmen shall, as often as may
be necessary, hold a police court, to be known as the mayors court for
the trial of all offenders against the laws and ordinances of the City of
Rutledge. Said mayors court shall have full power and authority,
upon conviction, to sentence such offenders to pay a fine not exceed-
ing $500.00, or be imprisoned not exceeding thirty days, or be put at
labor upon the streets or other public works in the 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 power to
3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
preserve order and compel the attendance of witnesses, to punish for
contempt, said punishment not to exceed the punishment hereinbe-
fore provided for offenders against the laws and ordinances.
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 during the
1981 Session of the Georgia General Assembly a bill to amend an Act
creating a new charter for The City of Rutledge, Georgia (Georgia
Laws 1909, 1345), as amended, so as to change certain provisions
relating to the Mayors Court and for other purposes.
This 12th day of January, 1981.
E. Roy Lambert
Representative,
112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy 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 Intro-
duce Local Legislation was published in the Madisonian which is the
official organ of Morgan County, on the following dates: January 15,
22,29,1981.
/s/ E. Roy Lambert
Representative,
112th District
GEORGIA LAWS 1981 SESSION
3875
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
MORGAN COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT.
No. 312 (House Bill No. 755).
AN ACT
To amend an Act placing certain of the county officers of Morgan
County on an annual salary, approved March 17, 1960 (Ga. Laws
1960, p. 2518), as amended, particularly by an Act approved February
18,1977 (Ga. Laws 1977, p. 2741), so as to change the compensation of
the clerk of the superior court; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain of the county officers of
Morgan County on an annual salary, approved March 17, 1960 (Ga.
Laws 1960, p. 2518), as amended, particularly by an Act approved
February 18, 1977 (Ga. Laws 1977, p. 2741), is hereby amended by
striking from Section 2 of said Act the following:
twelve thousand dollars ($12,000),
and substituting in lieu thereof the following:
$15,000.00
3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended Section 2 of said Act shall read as follows:
Section 2. The Clerk of the Superior Court of Morgan County
shall be compensated in the sum of $15,000.00 per annum, to be paid
in equal monthly installments from the funds of Morgan County. The
Clerk is hereby authorized to employ such deputies or other clerical
assistants as may be necessary for the efficient operation of his office
and the compensation of such assistants shall be paid from the funds
of Morgan County. The governing authority of Morgan County shall
fix the compensation of each assistant.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act placing the Sheriff, Clerk of the Superior Court, Probate Court
Judge, Tax Collector and Tax Receiver of Morgan County on a salary
basis in lieu of the fee system of compensation, approved March 17,
1960, (Ga. L. 1960, p. 2518), as amended, so as to change the
compensation of the Clerk of the Superior Court of Morgan County;
and for other purposes.
This 12th day of January, 1981.
E. Roy Lambert
Representative,
112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy Lambert who, on oath,
GEORGIA LAWS 1981 SESSION
3877
deposes and says that he/she is Representative from the 112th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Madisonian which is the
official organ of Morgan County, on the following dates: January 15,
22,29,1981.
/s/ E. Roy Lambert
Representative,
112th District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GREENE COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 313 (House Bill No. 752).
AN ACT
To amend an Act placing certain county officers of Greene County
upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p.
2182), as amended, so as to change the compensation provisions
relating to the clerk of the Superior Court and the judge of the
Probate Court of Greene County; to change the compensation provi-
sions relating to clerical help in such offices; to change the compensa-
tion provisions relating to the coroner; to provide an effective date; to
repeal conflicting laws; and for other purposes.
3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain county officers of Greene
County upon an annual salary, approved March 6, 1961 (Ga. Laws
1961, p. 2182), 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:
Section 3. (a) The clerk of the Superior Court of Greene County
shall receive the minimum salary provided by an Act providing
minimum salaries for clerks of the superior courts, approved March
30,1973 (Ga. Laws 1973, p. 256), as now or hereafter amended. Said
compensation shall be paid in equal monthly installments out of
county funds. The clerk shall be authorized to employ such help as he
deems necessary to perform the duties of his office. The clerk shall
receive for the purpose of employing such secretarial or clerical
assistance an additional sum of $6,500.00 from county funds.
(b) In addition to the compensation provided for the clerk of the
superior court in subsection (a) above, the governing authority of
Greene County at a regularly scheduled meeting, in its discretion,
may supplement said compensation of the clerk of the superior court
in an amount not exceeding $4,000.00. Such supplement shall be paid
in equal monthly installments from county funds.
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. (a) The judge of the Probate Court of Greene County
shall receive the minimum salary provided by an Act providing
minimum salaries for judges of the probate courts of the various
counties, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as now or
hereafter amended. Said compensation shall be paid in equal
monthly installments out of county funds. The judge of the probate
court shall be authorized to employ such help as he deems necessary
to perform the duties of his office. The judge of the probate court
shall receive for the purpose of employing such secretarial or clerical
assistance an additional sum of $6,500.00 from county funds.
(b) In addition to the compensation provided for the judge of the
probate court in subsection (a) above, the governing authority of
Greene County at a regularly scheduled meeting, in its discretion,
GEORGIA LAWS 1981 SESSION
3879
may supplement said compensation of the judge of the probate court
in an amount not exceeding $4,000.00. Such supplement shall be paid
in equal monthly installments from county funds.
Section 3. Said Act is further amended by striking from Section
5 the following:
nine hundred ($900.00) dollars,
and inserting in lieu thereof the following:
nine hundred and seventy-two ($972.00) dollars,
so that when so amended Section 5 shall read as follows:
Section 5. The coroner of Greene County shall be compensated
in the amount of nine hundred and seventy-two ($972.00) dollars per
annum, which shall be paid in equal monthly installments from the
funds of Greene 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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act providing compensation for specified officers in Greene County,
Georgia, approved March 6, 1961, as amended, so as to provide that
the County Commissioners can change the compensation of the Clerk
of the Superior Court, Probate Judge, Tax Commissioner and
Coroner, and so as to change the amount to be paid each office for the
purpose of employing secretarial or clerical assistance.
This 12th day of January, 1981.
3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
E. Roy Lambert
Representative,
112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy 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 Intro-
duce Local Legislation was published in the Herald Journal which is
the official organ of Greene County, on the following dates: January
15,22,29,1981.
/s/ E. Roy Lambert
Representative,
112th District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3881
GREENE COUNTYCOMPENSATION OF TAX
COMMISSIONER, ETC.
No. 314 (House Bill No. 753).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Greene County into the one office of tax commissioner of
Greene County, approved December 12, 1953 (Ga. Laws 1953, Nov.-
Dee. Sess., p. 2506), as amended, so as to change the compensation
provisions relating to the tax commissioner; to provide compensation
for clerical help; 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 Greene County into the one office of tax commissioner
of Greene County, approved December 12, 1953 (Ga. Laws 1953,
Nov.-Dee. Sess., p. 2506), as amended, is hereby amended by adding
between Sections 4 and 5 a new section, to be designated Section 4A,
to read as follows:
Section 4A. In addition to the compensation provided for the tax
commissioner in Section 4, or the minimum salary otherwise provided
by Code Section 91A-1373, as now or hereafter amended, the govern-
ing authority of Greene County at a regularly scheduled meeting, in
its discretion, may supplement said compensation of the tax commis-
sioner in an amount not exceeding $4,000.00. Such supplement shall
be paid in equal monthly installments from county funds.
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. The tax commissioner shall be authorized to employ
such help as he deems necessary to perform the duties of his office.
The tax commissioner shall receive for the purpose of employing such
secretarial or clerical assistance an additional sum of $6,500.00 from
county funds.
3882 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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act providing compensation for specified officers in Greene County,
Georgia, approved March 6,1961, as amended, so as to provide that
the County Commissioners can change the compensation of the Clerk
of the Superior Court, Probate Judge, Tax Commissioner and
Coroner, and so as to change the amount to be paid each office for the
purpose of employing secretarial or clerical assistance.
This 12th day of January, 1981.
E. Roy Lambert
Representative,
112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy 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 Intro-
duce Local Legislation was published in the Herald Journal which is
the official organ of Greene County, on the following dates: January
15,22,29,1981.
/s/ E. Roy Lambert
Representative,
112th District
GEORGIA LAWS 1981 SESSION
3883
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Lounell R. Jones
Notary Public, Georgia State at Large.
My Commission Expires March 27, 1982.
(Seal).
Approved April 6,1981.
MORGAN COUNTYCOMPENSATION OF BOARD
OF COMMISSIONERS.
No. 315 (House Bill No. 756).
AN ACT
To amend an Act creating a board of commissioners of roads and
revenues in and for the County of Morgan, approved March 22,1935
(Ga. Laws 1935, p. 738), as amended, particularly by an Act approved
April 11,1968 (Ga. Laws 1968, p. 3585), so as to change the compensa-
tion of the chairman, vice-chairman, and members of the board; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of roads
and revenues in and for the County of Morgan, approved March 22,
1935 (Ga. Laws 1935, p. 738), as amended, particularly by an Act
approved April 11,1968 (Ga. Laws 1968, p. 3585), is hereby amended
by striking from Section 9 of said Act the following:
3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$200.00,
and substituting in lieu thereof the following:
$300.00,
and by striking the following:
$150.00,
and substituting in lieu thereof the following:
$250.00,
and by striking the following:
$125.00,
and substituting in lieu thereof the following:
$225.00,
so that when so amended Section 9 of said Act shall read as follows:
Section 9. The chairman of said board shall receive a salary of
$300.00 per month. The vice-chairman of said board shall receive a
salary of $250.00 per month. The other members of the board shall
receive the sum of $225.00 per month. In addition thereto, all
members shall receive mileage at the rate of eight cents per mile for
expenses in attending board meetings or otherwise attending to the
duties of their office. All expense bills shall be approved by the board
before payment.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners of Roads and Revenues of
GEORGIA LAWS 1981 SESSION
3885
Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as
amended, so as to change the compensation of the Chairman, Vice-
Chairman, and other members of said Board of Commissioners; to
change the mileage rate for traveling expenses; to provide for an
effective date; and for other purposes.
This 12th day of January, 1981.
E. Roy Lambert
Representative,
112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy 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 Intro-
duce Local Legislation was published in the Madisonian which is the
official organ of Morgan County, on the following dates: January 15,
22,29,1981.
/s/ E. Roy Lambert
Representative,
112th District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WORTH COUNTYSMALL CLAIMS COURT CREATED.
No. 316 (House Bill No. 757).
AN ACT
To create and establish a Small Claims Court of Worth County; to
provide for the initial judge; to provide for the appointment, duties,
powers, compensation, qualifications, substitution and tenure of
office of the judge of such court; to prescribe the jurisdiction, practice,
pleading and procedure therein; to provide for a clerk and his
remuneration; to provide for the continuation of certain processes,
actions, suits, and cases; to provide for other matters relative to the
foregoing; to provide for legislative intent; to provide for severability;
to provide an effective date; to provide conditions for 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 and established a Small
Claims Court of Worth County. Such court shall have civil jurisdic-
tion in cases at law in which the demand or value of the property
involved does not exceed $750.00, said jurisdiction to be concurrent
with the jurisdiction of any other court or courts now or hereafter
established in Worth County. Said jurisdiction shall include the
power to issue writs of garnishment and attachment, and in addition
to the powers herein specifically granted shall include like powers
granted to justices of the peace by the laws of the State of Georgia.
Section 2. The grand jury in Worth County shall appoint a
citizen of Worth County to be judge of the small claims court for a
term of four years and until his successor is appointed and qualified.
All vacancies in the office of the judge shall be filled by appointment
of a successor by the grand jury, and such successor shall serve for the
remainder of the unexpired term.
GEORGIA LAWS 1981 SESSION
3887
Section 3. Whenever the judge of the Small Claims Court shall
be unable, from absence, sickness, or other cause, to discharge any
duty whatsoever appertaining to his office, the judge of the superior
court of Worth County, or any judge of a city court located in Worth
County, on application of any party, or the 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 so 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 to 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-
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. The judge or clerk may at the request of any individual,
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
in Worth County by any official or person authorized by law to serve
process in superior courts; or by registered or certified mail with
return receipt; or by any person not a party to or otherwise interested
in the suit, especially appointed by the judge of the court for that
purpose.
(c) When notice is to be served by registered or certified mail,
the clerk shall enclose a copy of the statement of claim, verification
and notice in an envelope addressed to the defendant, at his last
known address, prepay the postage from the filing fee hereinafter
provided for, mail the same forthwith, noting on the record the day
and hour of mailing. If such receipt is returned, the clerk shall attach
3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the same to the original statement of claim, and it shall be prima facie
evidence of service upon the defendant.
(d) When served by a private individual, as above provided, he
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. 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, the plaintiff shall be required to present proof of his
claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than fifteen 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 shall be
indicated every proceeding and ruling had in each case.
Section 8. The plaintiff, when he files his claim, shall deposit
with the court the sum of five dollars ($5.00), 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 be $7.50. 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.
Section 9. (a) On the day set for the hearing, or such latter time
as the judge may provide, the trial shall be had. 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 the merits.
GEORGIA LAWS 1981 SESSION
3889
(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, and 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, or 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, or 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 hereof 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, and 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 superior court presiding in Worth
County may from time to time make rules for a simple, inexpensive,
and speedy procedure to effectuate the purpose of this Act and shall
have the power to prescribe, modify and improve the forms to be used
therein, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof.
Section 13. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such reasonable sum as the judge may fix to secure
payment of costs incurred by reason of a jury trial. The judge or clerk
shall have the power to subpoena jurymen, and witnesses.
3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 14. Judgments of small claims courts shall become a lien
on the real estate and personal property of a defendant, situated in
any county, from the time of the filing in the office of the clerk of the
superior court for said county, of an execution based upon such
judgment and the entry thereof by the clerk in the general execution
docket for said county.
Section 15. Appeals may be had from judgments returned in a
small claims court, to the superior court, and the same provisions now
provided for by law for appeals from probate courts to the superior
court, shall be applicable to appeals from the small claims court to the
superior court.
Section 16. Until otherwise provided by rules of court the
statement of claims, verification, and notice shall be in the following
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
________________________________________County, Georgia
_______________________________________________Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim.
(Here the plaintiff, or at his request, the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied, be verified by the
plaintiff or his agent, as follows:)
State of Georgia
County of______________________________
GEORGIA LAWS 1981 SESSION
3891
_________________________ being first duly sworn on oath, says the
foregoing is a just and true statement of the amount owing by
defendant or plaintiff, exclusive of all setoffs and just grounds of
defense.
Plaintiff (or agent)
Sworn and subscribed before me this __________day of _______
_________, 19 ____:
Notary Public
Notice.
To
Defendant
Home Address
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).
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.
3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
You may come with or without an attorney.
Judge-Clerk of the Small Claims Court
(Seal).
Section 17. (a) The judge of the small claims court in Worth
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the grand jury in Worth County shall appoint a
citizen of Worth County to be judge of the small claims court for a
term of four years and until his successor is appointed and qualified.
Section 18. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act shall be furnished by the Worth
County Commissioners.
Section 19. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Worth County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Worth County which is
created by this Act.
Section 20. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Worth County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore existing small claims court in Worth
County as created by an Act approved April 12,1963 (Ga. Laws 1963,
p. 3395), as amended, which court shall stand abolished by action of
the General Assembly effective July 1,1981.
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 uncon-
stitutional were not originally a part hereof. The General Assembly
hereby declares that it would have passed the remaining parts of this
GEORGIA LAWS 1981 SESSION
3893
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 July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act to establish a Small Claims Court in Counties in this
State having a popolation of not less than 16,500 and not more than
16,700, according to the U. S. Census of 1960 or any such future
census; to provide for the appointment, duties, powers, compensa-
tion, qualifications, substitution and tenure of office of the judge of
such court; to prescribe the jurisdiction, practice, pleading and proce-
dure therein; to provide for a clerk and his remuneration; to provide
an effective date; to repeal conflicting laws; and for other purposes.,
approved April 12,1963 (Ga. Laws 1963, p. 3395), as amended by an
Act approved March 10,1965 (Ga. Laws 1965, p. 2240); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes. does not pass the 1981
session of the General Assembly and is not signed by the Governor or
does not become law without his signature, this Act shall be null and
void and shall stand repealed in its entirety.
Section 23. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Worth County; to provide for other matters
relative thereto; and for other purposes.
This the 6th day of January, 1981.
Earleen Sizemore
Representative,
District 136
3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Earleen Wilkerson 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 Intro-
duce Local Legislation was published in the Sylvester Local which is
the official organ of Worth County, on the following dates: January 6,
13,20,1981.
/s/ Earleen Wilkerson Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 12th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF CLAYTON COUNTYCOMPENSATION
OF JUDGE.
No. 317 (House Bill No. 759).
AN ACT
To amend an Act creating the State Court of Clayton County,
approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended,
GEORGIA LAWS 1981 SESSION
3895
particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3890), so as to change the provisions relating to the compensation of
the judges of said court; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Clayton County,
approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended,
particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3890), is hereby amended by striking from Section 3 the following:
$34 980.00,
and inserting in lieu thereof the following:
$37,430.00,
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 $37,430.00 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. 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.
3896 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
1981 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 pur-
poses.
This 12 day of January, 1981.
Rudolph Johnson
Representative,
72nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
deposes and says that he/she is Representative from the 72nd Dis-
trict, 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: January 20,
27, and February 3,1981.
/s/ Rudolph Johnson
Representative,
72nd District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3897
CLAYTON COUNTYCOMPENSATION OF JUDGE
OF PROBATE COURT.
No. 318 (House Bill No. 760).
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
March 18, 1980 (Ga. Laws 1980, p. 3517), 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
March 18, 1980 (Ga. Laws 1980, p. 3517), is hereby amended by
striking from Section 1 the following:
$25,715.00,
and inserting in lieu thereof the following:
$27,515.00,
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 $27,515.00 per annum,
payable monthly by the governing authority out of funds of the
229
3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
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
1981 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 12 day of January, 1981.
Rudolph Johnson
Representative,
72nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
deposes and says that he/she is Representative from the 72nd Dis-
trict, 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: January 20,
27, and February 3,1981.
/s/ Rudolph Johnson
Representative,
72nd District
GEORGIA LAWS 1981 SESSION
3899
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CLAYTON COUNTYCOMPENSATION OF TAX
COMMISSIONER, ETC.
No. 319 (House Bill No. 761).
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), and by an Act approved March 18, 1980 (Ga. Laws 1980, p.
3519), so as to change the provisions relative to the compensation of
the tax commissioner; to change the provisions relative to the com-
pensation of the deputy tax commissioner; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of Tax Receiver and
Tax Collector of Clayton County into the office of Tax Commissioner,
3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
3651), and by an Act approved March 18, 1980 (Ga. Laws 1980, p.
3519), is hereby amended by striking from subsection (b) of Section 7
the following:
$25,715.00,
and inserting in lieu thereof the following:
$27,515.00,
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 $27,515.00 which shall be paid in equal monthly
installments from the funds of Clayton County.
Section 2. Said Act is further amended by striking from subsec-
tion (b) of Section 7A the following:
$17,500.00,
and inserting in lieu thereof the following:
$18,725.00,
so that when so amended subsection (b) shall read as follows:
(b) The deputy tax commissioner shall receive as compensation
for his services a salary to be fixed in the discretion of the tax
commissioner in an amount not to exceed $18,725.00 per annum,
payable in equal monthly installments from the funds of Clayton
County.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3901
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 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 12 day of January, 1981.
Rudolph Johnson
Representative,
72nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
deposes and says that he/she is Representative from the 72nd Dis-
trict, 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: January 20,
27 and February 3,1981.
/s/ Rudolph Johnson
Representative,
72nd District
3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
CLAYTON COUNTYCOMPENSATION OF SHERIFF
AND CLERK OF SUPERIOR COURT.
No. 320 (House Bill No. 762).
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 25,1980 (Ga. Laws 1980, p. 3887), so as to change the
compensation of said officers; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff 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 25,1980 (Ga. Laws 1980, p. 3887), is hereby amended
by striking from Section 1 the following:
$25,715.00,
and inserting in lieu thereof the following:
27,515.00,
GEORGIA LAWS 1981 SESSION
3903
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 $27,515.00 per annum, both salaries
being payable in equal monthly installments by the governing author-
ity 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. 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
1981 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 12 day of January, 1981.
Rudolph Johnson
Representative,
72nd District
3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
deposes and says that he/she is Representative from the 72nd Dis-
trict, 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: January 20,
27 and February 3,1981.
/s/ Rudolph Johnson
Representative,
72nd District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
CLAYTON COUNTYCOMPENSATION OF BOARD OF
COUNTY COMMISSIONERS.
No. 321 (House Bill No. 763).
AN ACT
To amend an Act creating the Board of Commissioners of Clayton
County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as
GEORGIA LAWS 1981 SESSION
3905
amended, particularly by an Act approved March 18,1980 (Ga. Laws
1980, p. 3514), so as to change the provisions relative to the compensa-
tion of the Chairman and the expense allowance of 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 March 18, 1980 (Ga.
Laws 1980, p. 3514), is hereby amended by striking from Section 7 the
following:
$35,000.00 and $1,800.00,
and inserting in lieu thereof, respectively, the following:
$38,500.00 and $2,400.00,
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 $38,500.00 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 $2,400.00 per annum payable in equal
monthly installments. These payments shall be made from the funds
of Clayton County. The Chairman of the Board shall devote his
entire time to the duties of his office and shall be the administrative
and executive official of the Board. All five members of the Board,
however, shall have an equal vote in all matters pertaining to the
affairs of Clayton County, and the Chairman shall carry out and
administer the policies set by the Board. The Chairman shall elect
the Director of Finance/Comptroller, but the Chairmans selection
must be confirmed by a majority vote of the entire Board.
3906 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.
Notice is hereby given that there will be introduced at the regular
1981 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.
This 12 day of January, 1981.
Rudolph Johnson
Representative,
72nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
deposes and says that he/she is Representative from the 72nd Dis-
trict, 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: January 20,
27 and February 3,1981.
/s/ Rudolph Johnson
Representative,
72nd District
GEORGIA LAWS 1981 SESSION
3907
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
CITY OF ADAIRSVILLECORPORATE LIMITS.
No. 322 (House Bill No. 765).
AN ACT
To amend an Act incorporating the City of Adairsville, approved
August 27,1872 (Ga. Laws 1872, p. 121), as amended, so as to extend
the corporate limits of said city; to provide for 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 incorporating the City of Adairsville,
approved August 27, 1872 (Ga. Laws 1872, p. 121), as amended, is
hereby amended by adding at the end of Section 1 the following:
The corporate limits of the City of Adairsville shall include the
following described territory:
All that certain tract or parcel of land comprising 882.71 acres
lying and being in Land Lots 161,162,169,170,191,192,193,198,199,
200, 221, 222 and 223 of the 15th District and 3rd Section of Bartow
County, Georgia, as more particularly shown upon a plat entitled
Annexation to the City of Adairsville, prepared by Smith & Smith,
Land Surveyors, P.C. of Cartersville, Georgia, dated February 22,
3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1980, and recorded in Plat Book 23 at page 385 of the Clerks records
of Bartow Superior Court, which plat is incorporated herein by
reference thereto.
Said property is more particularly described as follows:
BEGINNING at a point on the existing city limits of the City of
Adairsville, Georgia, formed by the intersection of the center line of
Old State Route 140 and Hall Station Road and from said point of
beginning thus established thence run North 79 degrees 26 minutes
West 439.92 feet, North 80 degrees 21 minutes West 505.7 feet, all
along the center line of Old State Route 140 to the center line of
Oothkallooga Creek; thence run along the meandering of the center
line of Oothkallooga Creek North 8 degrees 8 minutes East 145.3 feet,
North 12 degrees 48 minutes East 157 feet, North 13 degrees East 100
feet, North 9 degrees 34 minutes East 100.1 feet, North 17 degrees 56
minutes East 125.1 feet, North 4 degrees 16 minutes West 104.4 feet,
North 24 degrees 50 minutes East 102.4 feet, North 16 degrees 11
minutes East 45.9 feet, North 47 degrees 4 minutes East 113.4 feet,
North 32 degrees 34 minutes East 102.2 feet, North 55 degrees 44
minutes East 102 feet, North 16 degrees 24 minutes East 76.4 feet,
North 6 degrees 5 minutes West 47 feet, North 12 degrees 10 minutes
East 159.8 feet, North 17 degrees 45 minutes East 55.4 feet, North 50
degrees 21 minutes East 69.1 feet, North 22 degrees 55 minutes East
100.2 feet, North 4 degrees 10 minutes West 73.1 feet, North 33
degrees 52 minutes West 187.3 feet, North 19 degrees 18 minutes
West 181.2 feet, North 2 degrees 44 minutes West 101.3 feet, North 2
degrees 58 minutes West 203.4 feet, North 18 degrees 56 minutes
West 88 feet, North 20 degrees 42 minutes West 79.3 feet, North 13
degrees 25 minutes East 231 feet, South 82 degrees 23 minutes East
97.6 feet, North 30 degrees 30 minutes East 103 feet, North 57 degrees
12 minutes East 51.6 feet, North 20 degrees 9 minutes West 97.8 feet,
North 60 degrees 47 minutes West 214.1 feet, North 44 degrees 3
minutes West 145 feet, North 82 degrees 54 minutes West 134.6 feet,
North 24 degrees 30 minutes West 197.5 feet, North 5 degrees 45
minutes West 101.3 feet, North 12 degrees 28 minutes East 132.4 feet,
North 37 degrees 59 minutes West 88.9 feet, North 87 degrees 31
minutes West 69 feet, South 56 degrees 30 minutes West 118.4 feet,
North 65 degrees 2 minutes West 48.3 feet, North 6 degrees 49
minutes East 105.8 feet, North 84 degrees 6 minutes East 40.3 feet to
a placed iron pin; thence run North 84 degrees 6 minutes East 2995.77
feet, South 88 degrees 37 minutes East 2874.15 feet, North 84 degrees
28 minutes East 1828.92 feet, North 87 degrees 16 minutes 30 seconds
GEORGIA LAWS 1981 SESSION
3909
East 2076.24 feet, North 68 degrees 58 minutes East 936.54 feet,
North 39 degrees 51 minutes East 294.76 feet to a placed iron pin;
thence run South 44 degrees 25 minutes East 1507.25 feet, South 27
degrees 0 minutes East 1168.16 feet, to an iron pin placed; thence run
South 88 degrees 55 minutes West 414.70 feet, due West 291.20 feet,
North 89 degrees 33 minutes West 353.60 feet, South 88 degrees 37
minutes West 622.25 feet, to an iron pin placed spike in the East edge
of ramp pavement Interstate 75; thence run South 30 degrees 55
minutes East 2481.07 feet, South 13 degrees 55 minutes East 382.12
feet, South 13 degrees 21 minutes East 359.08 feet to an iron pin
placed spike in the center line of Mitchell Road; thence run North 89
degrees 25 minutes West 1122.10 feet following the center line of
Mitchell Road to an iron pin placed spike; thence run South 1 degree
50 minutes 30 seconds East 1318.79 feet to a placed iron pin; thence
run South 89 degrees 10 minutes West 780.31 feet, South 87 degrees
50 minutes West 412.61 feet, South 87 degrees 15 minutes West
468.25 feet, South 87 degrees 13 minutes West 100.97 feet, South 88
degrees 42 minutes 30 seconds West 909.10 feet, South 88 degrees 43
minutes West 1333.87 feet to an iron pin placed on the existing city
limits of the City of Adairsville; thence run North 3 degrees 5 minutes
West along the existing city limits a distance of 4158.04 feet to a point
formed by the intersection of the existing city limits and the center
line of State Route 140; thence running along the existing city limits
South 84 degrees 26 minutes West 158.88 feet, and continuing along
an arc of 1383.79 feet connected by a chord bearing South 87 degrees
56 minutes West 1382.95 feet, continuing North 88 degrees 38 min-
utes 30 seconds West 1882.83 feet, and continuing along an arc 604.17
feet connected by a chord bearing South 87 degrees 43 minutes 30
seconds West 603.77 feet, South 84 degrees 6 minutes West 1420.04
feet to a point formed by the intersection of the center line of State
Route 140 and the center line of Hall Station Road; thence run South
5 degrees 24 minutes East 575.79 feet, and continuing along an arc
1152.50 feet connected by a chord bearing South 6 degrees 7 minutes
30 seconds West 1144.74 feet, South 17 degrees 27 minutes West
716.02 feet along the existing city limits to the intersection of the
center line of Hall Station Road and the center line of Old State
Route 140, and the same constituting the point of beginning.
Section 2. 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.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act incorporating the City of Adairsville approved August 27, 1872
(Ga. Laws 1872, p. 121) as amended and for other purposes.
This 5th day of January 1981.
/s/ D. F. Williams
Mayor, City of
Adairsville
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe Frank Harris 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 Herald Tribune which is the official
organ of Bartow County, on the following dates: January 15, 22, 29,
1981.
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3911
CITY OF PORT WENTWORTHCORPORATE LIMITS.
No. 323 (House Bill No. 766).
AN ACT
To amend an Act incorporating the City of Port Wentworth,
approved February 6,1957 (Ga. Laws 1957, p. 2003), as amended, so
as to change the corporate limits of said city; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Port Wentworth,
approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, is
hereby amended by adding at the end of Section 2 the following:
The corporate limits of the City of Port Wentworth are hereby
changed so as to exclude all of the following described territory
presently located in said city:
Commencing at the point where the eastern right-of-way of
Seaboard Coastline intersects the southern right-of-way line of
Godley road and then continuing west along the Southern right-of-
way line of Godley Road, a distance of approximately 2.6 miles to a
point on the northern right-of-way line of an easement of Savannah
Electric & Power Company (See Plat Record Book S-118, Clerks
Office, Superior Court, Chatham County), then proceeding on the
said northerly and easterly right-of-way line, along the west side of an
access road to a point on the Barnwell property line and then
proceeding westerly on said property line, enclosing approximately 64
acres as described in Records in the Clerks Office, Superior Court,
Chatham County, in Deed Book 71K Folio 471, said enclosure coming
to a point on the southern property line, 60 feet from the intersection
of the Savannah Electric & Power Company easement and Barnwell
property line, at said point continuing on a line in a southerly
3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
direction parallel to said easement right-of-way, being 60 at any
given distance until said line intersects at a point with the northern
right-of-way line of Godley Road (being the access road to the
Barnwell Property) and then proceeding easterly to a point that
intersects the eastern right-of-way line of Seaboard Coastline Rail-
road and the City Limits of Port Wentworth, Georgia, which extends
northwardly along the eastern right-of-way line of Seaboard Coast-
line Railroad, thence southwardly to a point on the western right-of-
way line of Seaboard Coastline Railroad and Godley Road to the
point of beginning.
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 application will be made at the 1981
session of the General Assembly of Georgia, for the passage of an
Amendment to the City Charter, as amended, City of Port
Wentworth, Chatham County, Georgia, so as to change the corpora-
tion limits of said City by deannexing an area presently in the City
Limits, and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Triplett who, on oath, deposes
and says that he/she is Representative from the 128th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Savannah Evening Press which is the
official organ of Chatham County, on the following dates: January 28,
February 4,11,1981.
/s/ Tom Triplett
Representative,
128th District
GEORGIA LAWS 1981 SESSION
3913
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF WRENSPOLICE COURT FINES.
No. 325 (House Bill No. 776).
AN ACT
To amend an Act incorporating the City of Wrens in Jefferson
County, approved December 17, 1901 (Ga. Laws 1901, p. 722), as
amended, so as to change the maximum amount of the fine which may
be assessed in the police court; 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 authority of same, that the Act described in
the caption hereof, as amended, be and the same is hereby further
amended as follows:
Section 1. On and after the effective date of this Act, the mayor
of the City of Wrens shall preside at the police court, unless disquali-
fied for some reason, and shall try all offenders and inflict such
punishment for offenses against the municipal laws as, in his
judgment, may be proper. He shall have authority to impose fines,
costs, and forfeitures for each offense in an amount not to exceed
$500.00 for the violation of any law or ordinance of the City of Wrens
passed in accordance with the charter and to imprison offenders for a
period of not more than 60 days or at labor on the roads and streets or
3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other public works of said city for not more than 60 days; and the said
mayor 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 mayor shall not have the authority to inflict a greater
punishment for contempt than to impose a fine of $100.00 or impris-
onment not exceeding 20 days, or both.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Jefferson County, Georgia.
Notice is hereby given that I shall introduce a bill in the 1981
Session of the General Assembly to amend the Charter of the City of
Wrens so as to authorize the Recorder of the City to impose a fine not
to exceed $500.00.
This 27th day of January, 1981.
Warren Evans
State Representative
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 News and Farmer and Wadley
Herald which is the official organ of Jefferson County, on the follow-
ing dates: January 29, February 5,12,1981.
/s/ Warren D. Evans
Representative,
84th District
GEORGIA LAWS 1981 SESSION
3915
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
WHEELER COUNTYCLERK OF SUPERIOR COURT
PLACED ON SALARY BASIS.
No. 326 (House Bill No. 785).
AN ACT
To abolish the present mode of compensating the clerk of the
Superior Court of Wheeler 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, 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 a specific Act; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the
Superior Court of Wheeler County, known as the fee system, is hereby
abolished and, in lieu thereof, an annual salary for such officer is
prescribed as hereinafter provided.
3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The clerk of the superior court shall receive an annual
salary of $14,000.00, 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, forfei-
tures, commissions, costs, allowances, penalties, funds, monies, and
all other emoluments and perquisites formerly allowed him as com-
pensation for 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 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. 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 courts 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
GEORGIA LAWS 1981 SESSION
3917
county available for such purpose. The determination of such
requirements shall be at the sole discretion of the governing authority
of Wheeler County.
Section 6. This Act shall become effective on January 1, 1985,
unless a vacancy occurs for any reason in the office of clerk of the
Superior Court of Wheeler County before January 1,1985, and in that
event, this Act shall become effective on the date of such vacancy.
Section 7. An Act providing for the employment of secretarial
help for the clerk of the Superior Court of Wheeler County, approved
April 17, 1973 (Ga. Laws 1973, p. 2937), is hereby repealed in its
entirety.
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
1981 session of the General Assembly of Georgia, a Bill to provide a
salary for the Clerk of Superior Court of Wheeler County in lieu of fee
system of compensation; and for other purposes.
This 15 day of January, 1981.
W. H. Thomas, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: January 21,
28, February 4,1981.
3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ L. L. Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
STATE COURT OF DeKALB COUNTYJUDGES
SECRETARIES.
No. 327 (House Bill No. 786).
AN ACT
To amend an Act creating the State Court of Dekalb County,
approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended,
particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p.
3488), so as to delete the provision for the secretary of each judge to
prepare appeals; 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,
approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended,
particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p.
3488), is hereby amended by striking in its entirety Section 34A,
which reads as follows:
GEORGIA LAWS 1981 SESSION
3919
Section 34A. The secretary of each judge shall prepare and send
to the appellate courts all appeals from actions or orders of the
respective judges, and shall be deputy clerks of said court.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act to creating the State Court of DeKalb County, approved Febru-
ary 14,1951 (Ga. Laws 1951, p. 2401), as amended; to repeal conflict-
ing laws; and for other purposes.
This 19th day of January, 1981.
Judge Jack B. Smith
Judge Ralph E. Carlisle
Judge Clarence F. Seeliger
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Max Davis who, on oath, deposes
and says that he/she is Representative from the 45th 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: January
22,29, and February 5,1981.
/s/ J. Max Davis
Representative,
45th District
3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF ALBANYAD VALOREM TAXATION.
No. 328 (House Bill No. 790).
AN ACT
To amend an Act creating a new charter for the City of Albany,
approved August 18,1923 (Ga. Laws 1923, p. 370), as amended, so as
to change the limit of ad valorem taxes; 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 Albany,
approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, is
hereby amended by striking from Section 27 the words one and one-
half (1.5%) per cent., and inserting in lieu thereof the words and
figures two (2%) per cent., so that when so amended, said section
shall read as follows:
GEORGIA LAWS 1981 SESSION
3921
Section 27. Be it further enacted by the authority aforesaid,
That in addition to the special school tax authorized by the Act of the
General Assembly, approved August 21, 1906, as amended and in
addition to that necessary to pay the principal and interest on its
bonded indebtedness, said City of Albany shall have the right and
power to assess, levy and collect a tax upon all property, both real and
personal and choses in action, within the limits of the city not to
exceed two (2%) per cent, ad valorem and collect a specific or
occupation tax on all businesses, occupations, professions, callings or
trades, public or private, exercised within the city, as may be deemed
just and proper and upon franchises and income; to fix a license on
theatrical exhibitions, circuses and shows of all kinds, and on drays
and hacks, hotels, boarding houses, restaurants, fish stands, billiards,
pool and other kinds of tables, ten-pin alleys, butcher shops, livery
stables, auctioneers, and upon all other classes or kinds of business,
whether of like kind or not, legitimately coming within the police
power of the city, as may be just and reasonable. The taxing power of
said city, except as herein limited, shall be as general, complete and
full as that of the State itself; and said taxes, ad valorem, license or
occupation, shall constitute a lien upon all the property of the
taxpayer or person liable and take rank as provided by law for city
taxes.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Local Legislation.
There will be introduced for passage at the ensuing 1981 session of
the General Assembly of Georgia a local bill to amend the Charter of
the City of Albany (Acts 1923, pages 370-416, approved August 18,
1923) so as to increase the limit of ad valorem taxes which may be
levied by said city from one and one-half (1.5%) per cent to two (2%)
per cent.
This 13th day of January, 1981.
The City of Albany,
Georgia
By: James V. Davis
City Attorney
3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Chambless who, on oath,
deposes and says that he/she is Representative from the 131st Dis-
trict, 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
16,23,30,1981.
/s/ Tommy Chambless
Representative,
131st District
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF THOMSONRECORDERS COURT FINES.
No. 329 (House Bill No. 791).
AN ACT
To amend an Act creating a new charter for the City of Thomson,
approved March 15,1973 (Ga. Laws 1973, p. 2132), as amended, so as
GEORGIA LAWS 1981 SESSION
3923
to change the provisions relating to the jurisdiction of and fines
imposed by the recorders 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 City of
Thomson, approved March 15, 1973 (Ga. Laws 1973, p. 2132), as
amended, is hereby amended by striking from Section 6.03 the
following:
two hundred dollars ($200.00),
and inserting in lieu thereof the following:
five hundred dollars ($500.00),
so that when so amended Section 6.03 shall read as follows:
Section 6.03. Jurisdiction. The recorder shall have power to
impose fines, costs and forfeitures, for the violation of any law or
ordinance of the City of Thomson passed in accordance with this
charter, for each offense in an amount not to exceed five hundred
dollars ($500.00), to imprison offenders for a period of not more than
sixty (60) days, or at labor on the roads and streets or other public
works of said city for not more than 60 days; and the said recorder
shall 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 punish-
ment for contempt than to impose a fine of one hundred dollars
($100.00) or imprisonment not exceeding twenty (20) 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 City of Thomson which
warrants may be executed by an officer of said city, and to commit the
offenders to jail or admit them to bail in bailable cases for their
appearance at the next term of court of competent jurisdiction to be
held in said city. The recorders court shall also have concurrent
jurisdiction with that of the justice of the peace over offenses against
3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the 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 City of Thomson. The recorders court is
specifically invested with all jurisdiction and powers throughout the
entire area within the corporate limits granted by State laws generally
to mayors, recorders, 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.
McDuffie County, Ga.
Notice is hereby given that I shall introduce a bill in the 1981
Session of the General Assembly of Georgia to amend the Charter of
the City of Thomson so as to authorize the Recorder of the City to
impose a fine not to exceed $500.
This 30th day of January, 1981.
Warren Evans
State Representative
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: February 5,
12,19,1981.
GEORGIA LAWS 1981 SESSION
3925
/s/ Warren D. Evans
Representative,
84th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
COFFEE COUNTYCOURT COSTS FOR COUNTY
LAW LIBRARY.
. No. 330 (House Bill No. 794).
AN ACT
To increase the maximum court costs which may be charged for
the county law library fund in Coffee County; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Notwithstanding any other provision of law, the
maximum court costs for the county law library fund which may be
charged and collected in each suit, action, or case in Coffee County
shall be $3.00.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
3926 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
1981 Session of the General Assembly of Georgia, a bill to amend Ga.
Laws 1971 pp. 180, 181; 1973 pp. 700, 701, so as to provide for an
additional two dollars ($2.00) court cost for the purpose of providing
funds for the maintenance of law books, reports, texts, and period-
icals for the Coffee County Law Library.
This the 5th day of February, 1981.
James C. Moore
Representative,
152nd District, Post 1
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 Intro-
duce Local Legislation was published in the Coffee County Progress
which is the official organ of Coffee County, on the following dates:
February 4,11,18,1981.
/s/ James C. Moore
Representative,
152nd District
GEORGIA LAWS 1981 SESSION
3927
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF BREMENCHARTER AMENDED.
No. 331 (House Bill No. 798).
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,
particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p.
2948) and an Act approved February 26, 1962 (Ga. Laws 1962, p.
2199), so as to change the provisions relating to the recorders court of
said city; to change the provisions relating to the compensation of the
mayor and members of council; 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) and an Act approved February 26, 1962 (Ga. Laws 1962, p.
2199), is hereby amended by striking from Section 3 of the aforesaid
amendatory Act of 1960 the following:
fifty ($50.00) dollars,
3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 recorders 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 viola-
tions 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, sum-
mons, subpoenas, or other process issued, requiring appearance or
attendance on said recorders 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 teste in the name of the recorder; said recorders
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 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. Said Act is further amended by striking Section 4 of
the aforesaid amendatory Act of 1960 and inserting in lieu thereof a
new Section 4 to read as follows:
Section 4. It shall be the duty of the city recorder to preside over
the recorders court, with full power and authority to issue warrants
for violation of any municipal ordinance. It shall be the duty of the
city recorder to hold such court as prescribed by this charter or by
ordinance for the trial of offenders against the ordinances of said city
and to impose such penalties for a violation thereof as may be
prescribed by ordinance, except that no fine shall exceed three
hundred ($300.00) dollars. The city recorder shall have full power
GEORGIA LAWS 1981 SESSION
3929
and authority incident to or belonging to the office of the justice of
the peace except for the trial of civil cases. The salary of the city
recorder shall be fixed by the mayor and council.
Section 3. Said Act is further amended by striking Section 1 of
the aforesaid amendatory Act of 1962 and inserting in lieu thereof a
new Section 1 to read as follows:
Section 1. The mayor of the City of Bremen shall be compen-
sated in the amount of three thousand ($3,000.00) dollars per annum
and each member of council shall be compensated in the amount of
one thousand eight hundred ($1,800.00) dollars per annum. The
mayor and each member of council shall be entitled to receive a
reimbursable travel allowance not to exceed fifty ($50.00) dollars per
month for expenses incurred in the performance of official duties
while traveling in their personal motor vehicles. Such travel expenses
incurred shall be reimbursed upon the submission of an itemized
voucher to the paying authority of the city.
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
1981 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 15th day of December, 1980.
/s/ Richard H. Wheeler
230
3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Carroll 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: Dec. 18,25,1980, Jan. 1,8,1981.
Sworn to on the 20 day of
February, 1981.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 20 day of February, 1981.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 6,1981.
HARALSON COUNTYCOMPENSATION OF TREASURER.
No. 332 (House Bill No. 799).
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.
GEORGIA LAWS 1981 SESSION
3931
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), an
Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), and an Act
approved March 25,1980 (Ga. Laws 1980, p. 3967), 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.
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), an
Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), and an Act
approved March.25,1980 (Ga. Laws 1980, p. 3967), is hereby amended
by striking from Section 1 the following:
four thousand six hundred eighty dollars ($4,680.00),
and inserting in lieu thereof the following:
six thousand five hundred dollars ($6,500.00),
so that when so amended Section 1 shall read as follows:
Section 1. The compensation of the Treasurer of Haralson
County shall be six thousand five hundred dollars ($6,500.00) 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
3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to change the
compensation of the Treasurer of Haralson County; and for other
purposes.
George A. Kimball,
Treasurer
Georgia, Carroll 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: Jan. 1,8,15,22,1981.
Sworn to on the 20 day of
February, 1981.
/s/ Stanley Parkman
Publisher
GEORGIA LAWS 1981 SESSION
3933
Sworn to and subscribed before me,
on the 20 day of February, 1981.
/s/ Linda Spence.
Notary Public
(Seal).
Approved April 6,1981.
HARALSON COUNTYCOMPENSATION OF COUNTY
COMMISSIONER.
No. 333 (House Bill No. 800).
AN ACT
To amend an Act creating the office of County Commissioner of
Haralson County, approved August 16,1915 (Ga. Laws 1915, p. 255),
as amended, particularly by an Act approved March 13, 1978 (Ga.
Laws 1978, p. 3346), so as to change the compensation of the County
Commissioner of Haralson County; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of County Commissioner of
Haralson County, approved August 16,1915 (Ga. Laws 1915, p. 255),
as amended, particularly by an Act approved March 13, 1978 (Ga.
Laws 1978, p. 3346), is hereby amended by striking from subsection a.
of Section 13 the following:
eighteen thousand five hundred dollars ($18,500.00),
and inserting in lieu thereof the following:
3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
twenty-four thousand dollars ($24,000.00),
so that when so amended subsection a. of Section 13 shall read as
follows:
a. The County Commissioner of Haralson County shall be
compensated in the amount of twenty-four thousand dollars
($24,000.00) per annum, payable in equal monthly installments from
the funds of Haralson County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia, a bill to change the
compensation of the commissioner of Haralson County; and for other
purposes.
Jim Frank Smith,
Commissioner
Georgia, Carroll 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: Jan. 1,8,15,22,1981.
Sworn to on the 20 day of
February, 1981.
GEORGIA LAWS 1981 SESSION
3935
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 20 day of February, 1981.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 6,1981.
HARALSON COUNTYCOMPENSATION OF JUDGE
OF PROBATE COURT.
No. 334 (House Bill No. 801).
AN ACT
To amend an Act placing the sheriff and the 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 26, 1980 (Ga. Laws 1980, p.
4224), 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 the 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 26, 1980 (Ga.
Laws 1980, p. 4224), is hereby amended by striking from Section 3 the
following:
$14,000.00,
3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
$18,000.00,
so that when so amended Section 3 shall read as follows:
Section 3. The probate judge of Haralson County shall receive an
annual salary of $18,000.00 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
1981 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 6th day of January, 1981.
/s/ W. Harold Blackmon,
Probate Judge
GEORGIA LAWS 1981 SESSION
3937
Georgia, Carroll 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: Jan. 8,15,22,29,1981.
Sworn to on the 20 day of
February, 1981.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 20 day of February, 1981.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 6,1981.
BARTOW COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 335 (House Bill No. 804).
AN ACT
To amend an Act placing certain of the county officers of Bartow
County upon an annual salary, approved March 21, 1958 (Ga. Laws
3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1958, p. 2866), as amended, so as to change the compensation of the
sheriff, the clerk of the Superior Court, and the judge of the Probate
Court of Bartow County; 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 placing certain of the county officers of
Bartow County upon an annual salary, approved March 21,1958 (Ga.
Laws 1958, p. 2866), as amended, is hereby amended by striking
subsection (a) of Section 2 in its entirety and inserting in lieu thereof
a new subsection (a) to read as follows:
(a) (1) The sheriff of Bartow County shall receive a base
salary in the amount of $23,500.00 per annum, to be paid in equal
monthly installments from the funds of Bartow County. Such
compensation shall be in lieu of all fees, costs, and perquisites of
whatever kind heretofore received by the sheriff.
(2) The sheriff shall also receive an annual cost-of-living
increase as follows: on the first day of January of each year,
beginning in 1982, the base salary of the sheriff shall be increased
by 4 percent. For the purposes of this section only, the base
salary of the sheriff shall be computed at $23,500.00 on January 1,
1982, and thereafter shall be computed at $23,500.00 plus any
cost-of-living increases which have been received by the person
serving as sheriff.
Section 2. Said Act is further amended by striking in its entirety
subsection (a) of Section 3 and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) (1) The clerk of the Superior Court of Bartow County
shall receive a base salary in the amount of $23,500.00 per annum,
to be paid in equal monthly installments from the funds of Bartow
County.
(2) The clerk of the superior court shall also receive an
annual cost-of-living increase as follows: on the first day of
January of each year, beginning in 1982, the base salary of the
clerk of the superior court shall be increased by 4 percent. For the
purposes of this section only, the base salary of the clerk shall be
computed at $23,500.00 on January 1,1982, and thereafter shall be
GEORGIA LAWS 1981 SESSION
3939
computed at $23,500.00 plus any cost-of-living increases which
have been received by the person serving as clerk of the superior
court.
Section 3. Said Act is further amended by striking in its entirety
subsection (a) of Section 4 and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) (1) The judge of the Probate Court of Bartow County
shall receive a base salary in the amount of $23,500.00 per annum,
to be paid in equal monthly installments from the funds of Bartow
County.
(2) The judge of the probate court shall also receive an
annual cost-of-living increase as follows: on the first day of
January of each year, beginning in 1982, the base salary of the
judge of the probate court shall be increased by 4 percent. For the
purposes of this section only, the base salary of the judge of the
probate court shall be computed at $23,500.00 on January 1,1982,
and thereafter shall be computed at $23,500.00 plus any cost-of-
living increases which have been received by the person serving as
judge of the probate court.
Section 4. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act placing certain of the county officers of Bartow County upon an
annual salary, approved March 21, 1958 (Ga. Laws 1958 p. 2866) as
amended; and for other purposes.
This 22nd day of December, 1980.
3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Joe Frank Harris
Representative,
District 8
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe Frank Harris 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 Herald Tribune which is the official
organ of Bartow County, on the following dates: December 25, 1980
January 1,8,1981.
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3941
BARTOW COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 336 (House Bill No. 805).
AN ACT
To amend an Act creating the office of tax commissioner of
Bartow County, approved March 17,1958 (Ga. Laws 1958, p. 2683), as
amended, particularly by an Act approved March 30,1971 (Ga. Laws
1971, p. 2455), so as to change the compensation of the tax commis-
sioner of Bartow County; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Bartow County, approved March 17,1958 (Ga. Laws 1958, p. 2683), as
amended, particularly by an Act approved March 30,1971 (Ga. Laws
1971, p. 2455), is hereby amended by striking subsection (a) of Section
4 in its entirety and inserting in lieu thereof a new subsection (a) to
read as follows:
(a) (1) The tax commissioner of Bartow County shall receive
a base salary in the amount of $23,500.00 per annum, to be paid in
equal monthly installments from the funds of Bartow County.
Such compensation shall be in lieu of all fees, costs, and perqui-
sites of whatever kind heretofore received by the tax commis-
sioner. All fees, commissions, costs, and all other perquisites
collected by the tax commissioner shall be the property of Bartow
County and once each month shall be turned over to the fiscal
authority of said county with a detailed, itemized statement
showing the source from which such fees, commissions, costs, or
other perquisites were collected.
(2) The tax commissioner shall also receive an annual cost-
of-living increase as follows: on the first day of January of each
year, beginning in 1982, the base salary of the tax commissioner
shall be increased by 4 percent. For the purposes of this section
only, the base salary of the tax commissioner shall be computed
at $23,500.00 on January 1,1982, and thereafter shall be computed
at $23,500.00 plus any cost-of-living increases which have been
received by the person serving as tax commissioner.
3942 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.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the office of tax commissioner of Bartow County
approved March 17,1958 (Ga. Laws 1958, p. 2683), as amended; and
for other purposes.
This 22nd day of December, 1980.
/s/ Joe Frank Harris
Representative,
District 8
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe Frank Harris 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 Herald Tribune which is the official
organ of Bartow County, on the following dates: December 25, 1980
January 1,8,1981.
/s/ Joe Frank Harris
Representative,
8th District
GEORGIA LAWS 1981 SESSION
3943
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
BARTOW COUNTYCOMPENSATION OF COUNTY
COMMISSIONER.
No. 337 (House Bill No. 806).
AN ACT
To amend an Act creating the office of commissioner of Bartow
County, approved July 28,1924 (Ga. Laws 1924, p. 276), as amended,
particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p.
2984), an Act approved March 1,1963 (Ga. Laws 1963, p. 2078, and an
Act approved March 31,1967 (Ga. Laws 1967, p. 2363), so as to change
the compensation of the commissioner of Bartow County; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of commissioner of Bartow
County, approved July 28,1924 (Ga. Laws 1924, p. 276), as amended,
particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p.
2984), an Act approved March 1,1963 (Ga. Laws 1963, p. 2078), and
an Act approved March 31,1967 (Ga. Laws 1967, p. 2363), is hereby
amended by striking Section 16 in its entirety and inserting in lieu
thereof a new Section 16 to read as follows:
3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 16. The commissioner of Bartow County shall receive a
base salary in the amount of $27,500.00 per annum, to be paid in equal
monthly installments from the funds of Bartow County. The com-
missioner shall also receive an annual cost-of-living increase as fol-
lows: on the first day of January of each year, beginning in 1982, the
base salary of the commissioner shall be increased by 4 percent. For
the purposes of this section only, the base salary of the commissioner
shall be computed at $27,500.00 on January 1, 1982, and thereafter
shall be computed at $27,500.00 plus any cost-of-living increases
which have been received by the person serving as commissioner.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the office of commissioner of Bartow County, approved
July 28, 1924 (Ga. Laws 1924, p. 276), as amended; and for other
purposes.
This 22nd day of December, 1980.
/s/ Joe Frank Harris
Representative,
District 8
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe Frank Harris who, on oath,
deposes and says that he/she is Representative from the 8th District,
GEORGIA LAWS 1981 SESSION
3945
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Herald Tribune which is the official
organ of Bartow County, on the following dates: December 25, 1980
January 1,8,1981.
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
LONG COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 338 (House Bill No. 808).
AN ACT
To amend an Act creating and establishing a Small Claims Court
of Long County, approved March 25,1980 (Ga. Laws 1980, p. 4110), so
as to change the provisions relating to costs; 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:
3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating and establishing a Small Claims
Court of Long County, approved March 25, 1980 (Ga. Laws 1980, p.
4110), 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 plaintiff, when he files his claim, shall deposit
with the court a sum, in accordance with the schedule set forth in
subsection (b) of this section, which shall cover ah 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.
(b) The sum to be deposited by the plaintiff with the court shall
be as follows:
When the amount of the claim is: The deposit shall be:
Up to $500 .............................................$ 10.00
Over $500 but not over $1,000 .......................... 15.00
Over $1,000 but not over $1,500 ........................ 20.00
Over $1,500 but not over $2,000 ........................ 25.00
Over $2,000............................................. 30.00
(c) 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 deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
3947
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the state legislature, a bill to change the filing fee in
the small claims court of Long County, Ga. and other procedural
matters for said court.
Clinton Oliver
State Representative,
Long County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/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: February 5, 12, 19,
1981.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TATTNALL COUNTYCOMPENSATION OF TAX
COMMISSIONER, ETC.
No. 339 (House Bill No. 809).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Tattnall County into the office of tax commissioner of
Tattnall County, approved April 17,1975 (Ga. Laws 1975, p. 3299), so
as to change the compensation of the tax commissioner; to change the
compensation which may be paid to office personnel employed by 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 Tattnall County into the office of tax commissioner of
Tattnall County, approved April 17,1975 (Ga. Laws 1975, p. 3299), 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. The tax commissioner shall receive an annual salary of
not less than $15,000.00, the exact amount to be fixed by the govern-
ing authority of Tattnall County, and said salary shall be paid in
equal monthly installments from the funds of Tattnall County.
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 tax commissioner shall have the authority to
employ such personnel as needed by his 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, to fix their compensation, to prescribe their duties and
assignments and to remove or replace any of such employees at will
and within his sole discretion. However, it shall be within the sole
discretion of the governing authority of said county to fix the total
amount for compensation of such employees at an amount of not less
than $15,000.00 annually.
GEORGIA LAWS 1981 SESSION
3949
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 Local Legislation intro-
duced in the 1981 Georgia General Assembly to change the compensa-
tion of the Tax Commissioner and other purposes. This is to comply
with the unanimous Resolution passed by the Tattnall County Board
of Commissioners in Regular Session January 5,1981.
Frank McCall, Chairman
Tattnall County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/she is Representative from the 121st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Tattnall Journal which is the official
organ of Tattnall County, on the following dates: January 8, 15, 22,
1981.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF COLLEGE PARKELECTIONS.
No. 340 (House Bill No. 811).
AN ACT
To amend an Act establishing a new charter for the City of College
Park, approved December 16, 1895 (Ga. Laws 1895, p. 251), and all
amendatory Acts thereto, particularly an Act approved March 2,1966
(Ga. Laws 1966, p. 2757), so as to change the date of the election of the
mayor and members of the council; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of
College Park, approved December 16, 1895 (Ga. Laws 1895, p. 251),
and all amendatory Acts thereto, particularly an Act approved March
2,1966 (Ga. Laws 1966, p. 2757), is hereby amended by adding at the
end of Section 1 of said amendatory Act, approved March 2,1966 (Ga.
Laws 1966, p. 2757), the following:
Effective with the election to be held in 1981 and for each
election thereafter, the election shall be held on the last Monday in
October.,
so that when so amended Section 2 of said amendatory Act shall read
as follows:
Section 1. Mayor and CouncilmenElection. Said mayor shall
be elected on the first Monday in December 1966 and shall hold office
until December 31, 1969, and thereafter the term of office shall be
four (4) years. Three (3) of said councilmen shall be elected on the
first Monday in December, 1966 and shall hold office until December
31,1969, and thereafter the term of office shall be four (4) years; and
three (3) councilmen shall be elected on the first Monday in
GEORGIA LAWS 1981 SESSION
3951
December, 1967 and every four (4) years thereafter. Said mayor and
councilmen shall be elected by the qualified voters of said city, and
their term of office shall be for four (4) years from the date of their
election or until the election and qualification of their successors,
except as hereinbefore otherwise provided. Effective with the elec-
tion to be held in 1981 and for each election thereafter, the election
shall be held on the last Monday in October.
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 the City of College Park, Georgia,
intends to apply for the passage of local legislation at the 1981 Session
of the General Assembly of Georgia, convening in January 1981, to
amend the Charter of the City of College Park, Georgia (Georgia laws
1895, Page 251, et. Seq.) so as to provide for a change of date for the
election of the Mayor and Council of the City of College Park, and for
other purposes.
Glaze and McNally
City Attorneys
City of College Park
George E. Glaze
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Virlyn B. Smith who, on oath,
deposes and says that he/she is Representative from the 42nd Dis-
trict, 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 2,9,16,1981.
3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Virlyn B. Smith
Representative,
42nd District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BARTOW COUNTYCOMPENSATION OF CORONER.
No. 341 (House Bill No. 818).
AN ACT
To amend an Act placing the coroner of Bartow County upon an
annual salary, approved March 17,1960 (Ga. Laws 1960, p. 2731), as
amended, particularly by an Act approved April 3, 1978 (Ga. Laws
1978, p. 4502), so as to change the compensation of the coroner; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Bartow County upon an
annual salary, approved March 17,1960 (Ga. Laws 1960, p. 2731), as
amended, particularly by an Act approved April 3, 1978 (Ga. Laws
1978, p. 4502), is hereby amended by striking Section 1 in its entirety
and inserting in lieu thereof a new Section 1 to read as follows:
GEORGIA LAWS 1981 SESSION
3953
Section 1. (a) (1) The compensation of the coroner of Bartow
County, which is now based on a fee system, is hereby abolished
and the salary of the coroner of Bartow County shall be $3,600.00
per annum to be paid in equal monthly installments from county
funds.
(2) The coroner shall also receive an annual cost-of-living
increase as follows: on the first day of January of each year,
beginning in 1982, the base salary of the coroner shall be increased
by 4 percent. For the purposes of this section only, the base
salary of the coroner shall be computed at $3,600.00 on January 1,
1982, and thereafter shall be computed at $3,600.00 plus any cost-
of-living increases which have been received by the person serving
as coroner.
(3) In addition to the compensation provided in paragraphs
(1) and (2), the governing authority of Bartow County, in its
reasonable discretion, may reimburse to the coroner all or any part
of his expenses incurred with respect to his official duties.
(4) All fees, commissions, costs, and other perquisites col-
lected by the coroner shall be the property of Bartow County and
once each month shall be turned over to the fiscal authority of said
county with a detailed, itemized statement showing the sources
from which such fees, commissions, costs, and other perquisites
were collected-
(b) The coroner is authorized to appoint a deputy coroner to
serve at the discretion of the coroner. The compensation and
expenses of the deputy coroner, if any, shall be determined within the
reasonable discretion of the governing authority of Bartow County
and shall be paid out of county funds. The deputy coroner shall meet
the same qualifications required of the 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.
3954 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act placing the coroner of Bartow County upon an annual salary,
approved March 17,1960 (Ga. Laws 1960 p. 2731), as amended; and
for other purposes.
This 22nd day of December 1980.
/s/ Joe Frank Harris
Representative,
District 8
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe Frank Harris 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 Herald Tribune which is the official
organ of Bartow County, on the following dates: December 25, 1980
January 1,8,1981.
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3955
LAMAR COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT.
No. 342 (House Bill No. 820).
AN ACT
To amend an Act abolishing the fee system of compensating the
judge of the Probate Court of Lamar County and providing for an
annual salary, approved March 27,1972 (Ga. Laws 1972, p. 2636), as
amended, particularly by an Act approved March 18,1980 (Ga. Laws
1980, p. 3595), so as to change the compensation of the judge of the
probate court; 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
judge of the Probate Court of Lamar County and providing for an
annual salary, approved March 27,1972 (Ga. Laws 1972, p. 2636), as
amended, particularly by an Act approved March 18,1980 (Ga. Laws
1980, p. 3595), is hereby amended by striking from Section 2 of said
Act the following:
$14,000.00,
and substituting in lieu thereof the following:
$15,000.00,
so that when so amended Section 2 of said Act shall read as follows:
Section 2. The judge of the probate court shall receive an annual
salary of $15,000.00. Said salary shall be paid in equal monthy
installments from the funds of Lamar County.
3956 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 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: James W. Butler,
Chairman
State of Georgia.
Before the undersigned officer, duly authorized by law to adminis-
ter oaths, in person, came Walter B. Geiger, Jr., who, after first being
sworn, states as follows: That he/she is Publisher of The Barnesville
Herald-Gazette, the official newspaper of Lamar County, Georgia;
and that the following notice was published in The Barnesville
Herald-Gazette for four consecutive weeks, to-wit: Jan. 28, Feb. 4,
Feb. 11,1981.
/s/ Walter B. Geiger, Jr.
Publisher
GEORGIA LAWS 1981 SESSION
3957
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Katherine K. Williams
Notary Public, State of Georgia.
My Commission Expires Aug. 3, 1984.
(Seal).
Approved April 6,1981.
FITZGERALD AND BEN HILL COUNTY
DEVELOPMENT AUTHORITY ACT AMENDED.
No. 344 (House Bill No. 827).
AN ACT
To amend an Act creating the Fitzgerald and Ben Hill County
Development Authority, approved February 26,1963 (Ga. Laws 1963,
p. 2003), so as to clarify that revenue-anticipation bonds issued by the
Authority shall be issued and validated in accordance with the
applicable provisions of the Revenue Bond Law, as now or hereaf-
ter amended; to provide that the interest rate on or to be borne by any
obligation issued by the Authority shall be fixed by the members of
the Authority and any limitations with respect to interest rates found
in the Revenue Bond Law shall not apply to obligations issued by
said Authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Fitzgerald and Ben Hill County
Development Authority, approved February 26,1963 (Ga. Laws 1963,
p. 2003), is hereby amended by striking subsection (1) of Section 6 of
said Act, which reads as follows:
3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) To issue revenue-anticipation bonds for the purpose of paying
all or any part of the cost of any project of the Authority. Such
revenue-anticipation bonds shall be issued and validated in the
Superior Court of Ben Hill County under and in accordance with the
applicable provisions of the Act of the General Assembly of 1937, (Ga.
L. 1937, pp. 761-774), and as subsequently amended by the Revenue
Bond Law (Ga. L. 1957, pp. 36 et seq.), providing for the issuance of
revenue-anticipation bonds.,
and by substituting in lieu thereof a new subsection (1) of Section 6 to
read as follows:
(1) To issue revenue-anticipation bonds for the purpose of paying
all or any part of the cost of any project of the Authority. Such
revenue-anticipation bonds shall be issued and validated in the
Superior Court of Ben Hill County, Georgia, under and in accordance
with the applicable provisions of the Revenue Bond Law (Ga. Laws
1937, pp. 761-774), as now or hereafter amended, providing for the
issuance of revenue bonds; except, however, the interest rate on or
rates to be borne by any bonds, notes, or other obligations of the
Authority shall be fixed by the members of the Authority and any
limitations with respect to interest rates found in said Revenue Bond
Law shall not apply to obligations issued by said Authority.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Apply for Local Legislation.
In conformity and compliance with the provisions of Article III,
Section VII, Paragraph IX of the Constitution of Georgia, and which
is codified as Section 2-1309 of the Code of Georgia Annotated, notice
is hereby given that there will be introduced in the General Assembly
of the State of Georgia at its regular session convening in January,
1981, a local or special bill affecting the Fitzgerald and Ben Hill
County Development Authority, the title or caption of which reads as
follows:
An Act to amend an Act creating the Fitzgerald and Ben Hill
County Development Authority, approved February 26, 1963,
(Georgia Laws 1963, p. 2003 et seq.), so as to clarify that revenue-
GEORGIA LAWS 1981 SESSION
3959
anticipation bonds issued by the Authority shall be issued and
validated in accordance with the applicable provisions of the Revenue
Bond Law as now or hereafter amended; to provide that the interest
rate on or to be borne by any obligation issued by the Authority shall
be fixed by the members of the Authority and any limitations with
respect to interest rates found in the Revenue Bond Law shall not
apply to obligations issued by said Authority; to repeal conflicting
laws, and for other purposes.
This 26th day of January, 1981.
/s/ Gerald H. Thompson, Chairman
Fitzgerald and Ben Hill
County Development Authority
Georgia, Ben Hill County.
Personally appeared before the undersigned, an officer authorized
by law to administer oaths, Gerald W. Pryor, who after being first
duly sworn on oath says that he is the Publisher of the Fitzgerald
Herald and Leader, the newspaper in which Sheriff s advertisements
for Ben Hill County are published, and that the attached copy of
notice of intention to introduce local legislation was published in the
Fitzgerald Herald and Leader on the following dates: January 29,
1981, February 5,1981, February 12,1981.
/s/ Gerald W. Pryor
Sworn to and subscribed before me,
this 12 day of February, 1981.
/s/ Edna F. McGee
Notary Public.
Ben Hill County, Georgia.
(Seal).
Approved April 6,1981.
3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF HARTWELLELECTIONS, PROHIBITED
POLITICAL ACTIVITY.
No. 345 (House Bill No. 828).
AN ACT
To amend an Act creating a new charter for the City of Hartwell,
approved April 3,1972 (Ga. Laws 1972, p. 3743), so as to prohibit the
mayor or councilmen from running for certain city offices without
resigning from the office held; to change certain prohibitions relating
to officers or employees of the city running for office; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Hartwell,
approved April 3, 1972 (Ga. Laws 1972, p. 3743), is hereby amended
by striking from Section 3.05 the following:
elected office.,
and inserting in lieu thereof the following:
city office. No councilmen or mayor may run for any city office
except the one presently held without first resigning from such
office.,
so that when so amended said Section 3.05 shall read as follows:
Section 3.05. Political Activity Prohibited. Be it further
enacted, that no officer or employee of the city, other than the mayor
and councilmen shall continue in the employment of the city after
becoming a candidate for nomination or election to any city office.
No councilmen or mayor may run for any city office except the one
presently held without first resigning from such office.
GEORGIA LAWS 1981 SESSION
3961
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 1981
Session of the General Assembly of Georgia, a bill to amend Section
3.05. Political Activity Prohibited, of the Charter for the City of
Hartwell, Georgia, which provides:
Section 3.05. Political Activity Prohibited. Be it further
enacted, that no officer or employee of the city, other than the mayor
and councilmen shall continue in the employment of the city after
becoming a candidate for nomination or election to any elected
office; so that after its enactment it will provide as follows:
Section 3.05. Political Activity Prohibited. Be it further
enacted, that no officer or employee of the city, other than the mayor
and councilmen shall continue in the employment of the city after
becoming a candidate for nomination or election to any city office.
No councilmen or mayor may run for any city office except the one
presently held without first resigning from such office.
This, the 8th day of January, 1981.
/s/ Ellis D. Foster,
Administrator,
City of Hartwell, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Billy Milford who, on oath, deposes
and says that he/she is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Hartwell Sun which is the official
organ of Hart County, on the following dates: January 1,8,15,1981.
/s/ Billy Milford
Representative,
13th District
3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
HART COUNTYCOMPENSATION OF CORONER.
No. 346 (House Bill No. 829).
AN ACT
To amend an Act placing the coroner of Hart County on an annual
salary in lieu of the fee system of compensation, approved March 24,
1965 (Ga. Laws 1965, p. 2561), so as to change the compensation of the
coroner; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Hart County on an
annual salary in lieu of the fee system of compensation, approved
March 24, 1965 (Ga. Laws 1965, p. 2561), is hereby amended by
striking from Section 2 thereof the following:
$1,200.00,
GEORGIA LAWS 1981 SESSION
3963
and inserting in lieu thereof the following:
$2,400.00,
so that when so amended said Section 2 shall read as follows:
Section 2. The coroner shall receive an annual salary in the
amount of $2,400.00 payable in equal monthly installments from the
funds of Hart County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice.
This is to serve notice that there will be introduced in the General
Assembly a change in the compensation of the coroner, etc.
/s/ Bob Powell
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Billy Milford who, on oath, deposes
and says that he/she is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Hartwell Sun which is the official
organ of Hart County, on the following dates: January 1,8,15,1981.
/s/ Billy Milford
Representative,
13th District
3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
HART COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT.
No. 347 (House Bill No. 830).
AN ACT
To amend an Act placing the clerk of the superior court and
probate judge of Hart County upon an annual salary, approved
February 28,1966 (Ga. Laws 1966, p. 2285), as amended, particularly
by an Act approved April 17,1973 (Ga. Laws 1973, p. 3223), 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 and
probate judge of Hart County upon an annual salary, approved
February 28,1966 (Ga. Laws 1966, p. 2285), as amended, particularly
by an Act approved April 17,1973 (Ga. Laws 1973, p. 3223), is hereby
amended by striking in its entirety Section 2 thereof, which reads as
follows:
Section 2. The clerk of the superior court shall receive an annual
salary of $8,400.00, payable in equal monthly installments from the
funds of Hart County.,
GEORGIA LAWS 1981 SESSION
3965
and inserting in lieu thereof the following:
Section 2. The clerk of the superior court shall receive an annual
salary in the same amount as that provided for the sheriff of Hart
County pursuant to an Act providing minimum salaries for sheriffs,
approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter
amended. This salary shall be payable in equal monthly installments
from the funds of Hart County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice.
This is to serve notice that there will be introduced in the General
Assembly a change in the compensation of the Clerk of the Superior
Court, etc.
/s/ Betty W. Isbell
Clerk
Hart Superior Court
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Billy Milford who, on oath, deposes
and says that he/she is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Hartwell Sun which is the official
organ of Hart County, on the following dates: January 1,8,15,1981.
/s/ Billy Milford
Representative,
13th District
3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
HART COUNTYBOARD OF FINANCE.
No. 348 (House Bill No. 831).
AN ACT
To amend an Act creating the office of commissioner of roads and
bridges for Hart County and a board of finance for Hart County,
approved March 9, 1959 (Ga. Laws 1959, p. 2580), as amended,
particularly by an Act approved February 28,1962 (Ga. Laws 1962, p.
2479) and an Act approved February 28, 1966 (Ga. Laws 1966, p.
2622), so as to change the compensation and meeting dates, times,
and places of the board of finance; 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 bridges for Hart County and a board of finance for Hart County,
approved March 9, 1959 (Ga. Laws 1959, p. 2580), as amended,
particularly by an Act approved February 28,1962 (Ga. Laws 1962, p.
GEORGIA LAWS 1981 SESSION
3967
2479) and an Act approved February 28, 1966 (Ga. Laws 1966, p.
2622), is hereby amended by striking in its entirety Section 6 thereof,
which reads as follows:
Section 6. The board of finance shall hold a meeting on the
second Monday in each month at which meeting the board shall
transact such business as may come before it. The board shall hold
such other meetings as shall be called by the chairman or by a
majority of the members of the board. The board may also appoint or
designate any one of its members to transact such business connected
with the duties of the board, between regular meetings, as the board
deems proper. All meetings of the board shall be held in the commis-
sioners office in the courthouse in Hartwell, Ga.,
and inserting in lieu thereof the following:
Section 6. The board of finance shall hold at least two regular
meetings each month, at which meetings the board shall transact such
business as may come before it. One of the meetings shall be held on
the second Monday in each month. The other meeting shall be held
at such time as the board shall prescribe by ordinance or resolution.
At least one of the two regular meetings shall be an evening meeting
held after seven oclock P.M. local time. The board shall hold such
other meetings as shall be called by the chairman or by a majority of
the members of the board. The board may also appoint or designate
any one of its members to transact such business connected with the
duties of the board, between regular meetings, as the board deems
proper.
All meetings of the board shall be held in the commissioners office
in the courthouse in Hartwell, Georgia, except that any meeting may
be held in any other room in said courthouse if notice of such meeting
room is posted on the door of said commissioners office.
Section 2. Said Act is further amended by striking from Section
11 thereof the following:
two hundred ($200.00) dollars,
and inserting in lieu thereof the following:
$300.00,
3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended said Section 11 shall read as follows:
Section 11. Each member of the board shall be compensated in
the amount of $300.00 per month. Before entering upon the duties of
his office, each member, except the chairman, shall give bond and
security in the amount of five hundred ($500.00) dollars and the
chairman shall give bond and security in the amount of ten thousand
($10,000.00) dollars, payable to the judge of the probate court of said
county. Each member shall take an oath to faithfully perform the
duties of his office, and the oath and bond shall be recorded in the
office of the judge of the probate court.
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
1981 Session of the General Assembly of Georgia, a bill to change the
number and time of regular meetings of the Hart County Board of
Finance and the compensation of its members, to allow for meetings
of the Hart County Board of Finance to be held at any reasonable
place in the Hart County Courthouse, and for other purposes.
This 20th day of January, 1981.
Hart County Board of Finance
/s/ Alan T. Powell, Chairman
/s/ Hubert O. Moon
/s/ H. Kenneth York
GEORGIA LAWS 1981 SESSION
3969
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Billy Milford who, on oath, deposes
and says that he/she is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Hartwell Sun which is the official
organ of Hart County, on the following dates: January 1,8,15,1981.
/s/ Billy Milford
Representative,
13th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CLARKE COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 349 (House Bill No. 835).
AN ACT
To amend an Act placing the clerk of the Superior Court of Clarke
County, the clerk of the State Court of Clarke County, and the
ordinary of Clarke County (now known as the probate judge) on a
3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
salary system of compensation, approved March 7, 1972 (Ga. Laws
1972, p. 2084), so as to change the provisions authorizing the govern-
ing authority of Clarke County to increase the base or supplementary
salaries of the clerk and ordinary (now known as 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 clerk of the Superior Court of
Clarke County, the clerk of the State Court of Clarke County, and the
ordinary of Clarke County (now known as the probate judge) on a
salary system of compensation, approved March 7, 1972 (Ga. Laws
1972, p. 2084), is hereby amended by striking subsection (c) of Section
2 in its entirety and inserting in lieu thereof a new subsection (c) of
Section 2 to read as follows:
(c) The governing authority of Clarke County is hereby autho-
rized to increase the base or supplementary salaries, or both, of the
clerk and probate judge provided for in subsections (a) and (b) of this
section by the adoption of a resolution providing for such increase.
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 local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to amend an Act
placing the Clerk of Superior Court of Clarke County and Clerk of the
State Court of Clarke County and the Ordinary (now Probate Judge)
of Clarke County on a salary system of compensation and providing
for other matters, approved March 7,1972 (Ga. Laws 1972, p. 2084).
This 24th day of December, 1980.
GEORGIA LAWS 1981 SESSION
3971
Board of Commissioners
of Clarke County, Georgia
Hugh Logan
Representative,
District 62
Bob Argo
Representative,
District 63
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Argo who, on oath, deposes and
says that he/she is Representative from the 63rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Athens Observer which is the official organ of
Clarke County, on the following dates: January 8,15,22,1981.
/s/ Bob Argo
Representative,
63rd District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITYPOWERS.
No. 350 (House Bill No. 837).
AN ACT
To grant to the Athens-Clarke County Industrial Development
Authority created by an amendment to the constitution of Georgia
ratified at the general election held November 8,1960 (Ga. Laws 1960,
page 1379, et seq.), additional powers to carry out the public purpose
for which it was created by authorizing it: to issue revenue bonds to
finance the acquisition, construction, improvement or modification of
any property, real or personal, used as air or water pollution control
facilities for the benefit of industrial users; to issue its revenue bonds
to finance the acquisition of lands, properties and improvements for
development, expansion and promotion of industry and the construc-
tion of building and plants or the acquisition of equipment by lending
the proceeds derived from the sale of the revenue bonds to the user of
the facilities being financed; to provide for certain findings by the
Authority prior to the issuance of its revenue bonds; to provide that
interest rates to be borne by bonds, notes, certificates or obligations of
any kind issued by the Authority which evidence any repayment
obligation for money borrowed shall be exempt from all laws of the
State governing usury or prescribing or limiting interest rates on any
such bonds, notes, certificates or obligations which evidence any
repayment obligation for money borrowed; to provide for the fixing of
the interest rate or rates to be borne by any such bonds, notes,
certificates or obligations which evidence any repayment obligation
for money borrowed; to provide that the interest rate or rates to be
borne by any such bonds, notes, certificates or obligations which
evidence any repayment obligation for money borrowed may floa+ in
response to a variable; 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. DEFINITIONS. As used in this Act:
(a) The term Assisted Person means any private persons,
firms, or corporations for which a project is undertaken or proposed
to be undertaken.
GEORGIA LAWS 1981 SESSION
3973
(b) The term Authority shall mean the Athens-Clarke County
Industrial Development Authority created pursuant to an amend-
ment to the Constitution of Georgia ratified at the general election
held on November 8,1960 (Ga. Laws 1960, p. 1379, et seq.).
(c) The term Authority Act shall mean the above referred to
Constitutional amendment pursuant to which the Authority was
created.
(d) The term Bonds shall mean any bonds, notes, certificates
or obligations of any kind issued by the Authority to evidence any
repayment obligation for money borrowed by the Authority.
(e) The term Cost with respect to any Project herein autho-
rized shall have the same meaning as the definition of cost of
project in the Authority Act.
(f) The term Industrial Project shall mean projects consisting
of lands, properties and improvements for development, expansion
and promotion of industry and the construction of buildings and
plants or the acquisition of equipment for the use and benefit of
Assisted Persons.
(g) The term Pollution Control Project shall mean the acqui-
sition, construction, improvement or modification of any property,
real or personal, to be 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 operation or the
continued operation of the industry or the industries which the same
is to serve and is necessary for the public welfare. For purposes
hereof, the term air pollution control facility shall mean any
property used primarily to abate or control atmospheric pollution or
contamination by removing, containing, altering, disposing or storing
atmospheric pollutants or contaminants if such facility is in further-
ance of Federal, State or local standards for control of atmospheric
pollution or contaminants. For the purposes hereof, the term water
pollution control facility shall mean any property used primarily to
control water pollution by removing, storing, altering or disposing of
pollutants, contaminants, wastes or heat, including, but not limited
to, the necessary intercepting sewers, outfall sewer pumping, power
and other equipment, holding ponds, lagoons and appurtenances
thereto, if such facility is in furtherance of Federal, State or local
standards for the control of water pollution.
3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. PURPOSE. It is the purpose of this Act to grant to
the Authority additional powers so that the Authority may more
effectively carry out the purpose for which it was created, namely
expanding and developing industry in Athens and Clarke County and
for improving the general welfare of said City and County.
Section 3. ADDITIONAL POWERS GRANTED. The Author-
ity is hereby empowered, in addition to the powers granted to it
pursuant to the aforesaid constitutional amendment, to exercise the
powers granted to it by this Act.
Section 4. FINANCING OF POLLUTION CONTROL PRO-
JECTS AUTHORIZED. The Authority may issue Bonds to finance,
for the benefit of Assisted Persons, Pollution Control Projects if any
Federal, State or local agency having jurisdiction in the premises shall
have certified that the project is necessary for the operation or the
continued operation of the industry or industries which the same is to
serve and is necessary for the public welfare.
Section 5. FINANCING OF INDUSTRIAL PROJECTS
AUTHORIZED. The Authority may issue Bonds to finance, for the
benefit of the Assisted Persons, Industrial Projects.
Section 6. USE OF BOND PROCEEDS. The Authority may
use the proceeds derived from the sale of Bonds to finance the cost of
any Pollution Control Project or any Industrial Project by acquiring
the Project in the name of the Authority for the purpose of leasing or
selling the same to the Assisted Person for whom the Project is
undertaken, or by lending the proceeds of the sale of the Bonds to
such Assisted Person so that the Project may be acquired by the
Assisted Person directly, all as shall be provided in the resolution
adopted by the Authority to authorize the issuance of the Bonds.
Section 7. CONDITIONS PRECEDENT TO ISSUANCE OF
BONDS. Prior to the issuance of any Bonds by the Authority for the
benefit of any Assisted Person, the Assisted Person shall have become
irrevocably obligated, by whatever type of contract is deemed to be
appropriate in connection with the form of the transaction selected,
to make payments to the Authority at appropriate times and in
amounts which are at least sufficient to permit the payment of the
principal of, premium (if any) and the interest on the Bonds as the
same mature and become payable, and all costs and expenses in
connection therewith.
GEORGIA LAWS 1981 SESSION
3975
Section 8. VALIDATION. Bonds issued to finance Projects
authorized pursuant to this Act shall be validated pursuant to the
provisions of the Revenue Bond Law (Ga. Laws 1937, page 761, et
seq.), as now or hereafter amended.
Section 9. INTEREST RATES. Any Bonds issued by the
Authority shall be exempt from all laws of the State governing usury
or prescribing or limiting interest rates to be borne by any such
Bonds. The interest rate or rates to be borne by any Bonds issued by
the Authority shall be fixed, and with respect to any interest rate
which floats in response to a variable the method of calculation shall
be fixed, by the governing body of the Authority in the resolution
adopted by the governing body of the Authority authorizing the
issuance of any such Bonds.
Section 10. REPEALER. All provisions in all laws are hereby
repealed to the extent the same are in conflict with the provisions of
this Act.
Section 11. CONSTRUCTION OF ACT. The provisions of this
Act shall be liberally construed to effect the purposes hereof, and
insofar as the provisions of this Act may be inconsistent with the
provisions of any other law, this Act shall control.
Section 12. SEVERABILITY. The provisions of this Act are
hereby declared to be severable. If any provision of this Act or the
application of such provision to any circumstance is held invalid for
any reason whatsoever, the remainder of this Act or the application of
the provision to other circumstances shall not be affected thereby.
Section 13. EFFECTIVE DATE. This Act shall become
effective upon its approval by the Governor or upon its becoming law
without the Governors approval.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to grant addi-
tional powers to the Athens-Clarke County Industrial Development
Authority to carry out the public purpose for which it was created by
an amendment to the Constitution of Georgia ratified at the general
election held November 8,1960 (Ga. Laws 1960, page 1379, et seq.).
3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 6th day of January, 1981.
T. H. Millner, Jr.
Chairman,
Athens-Clarke County
Industrial Development
Authority
Georgia, Clarke County.
Publishers Affidavit
This is to certify that the attached advertisement was published in
the Athens Observer, Athens, Georgia, a newspaper of general circula-
tion in the State and County above and the newspaper which the
advertisements of the Sheriff of Clarke County, are published, and
that the attached was published on January 1,15,22,1981.
Certified this 6th day of February, 1981.
/s/ R. M. McCommons
Publisher,
Athens Observer
Sworn to and subscribed before me,
this 6th day of February, 1981.
/s/ Upshaw C. Bentley, Jr.
Notary Public.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3977
CLARKE COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 351 (House Bill No. 839).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Clarke County into the office of the tax commissioner of
Clarke County, approved March 7,1972 (Ga. Laws 1972, p. 2078), so
as to change the provisions authorizing the governing authority of
Clarke County to increase the base and supplementary salaries 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 Clarke County into the office of the tax commissioner
of Clarke County, approved March 7,1972 (Ga. Laws 1972, p. 2078), is
hereby amended by striking from subsection (b) of Section 3 the last
sentence, which reads as follows:
Any such resolution shall be adopted during the first quarter of
the last calendar year of the term of office of the tax commissioner,
and the salary or salaries established by such resolution shall not
become effective until the beginning of the new term of office
immediately following the adoption of such resolution.,
so that when so amended subsection (b) of Section 3 of that Act shall
read as follows:
(b) The governing authority of Clarke County is hereby autho-
rized to increase the base or supplementary salaries, or both, of the
tax commissioner by the adoption of a resolution providing for such
increase.
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.
3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to amend an Act
consolidating and combining the offices of tax receiver and tax
collector of Clarke County into the one office of tax commissioner of
Clarke County, approved March 7,1972 (Ga. Laws 1972, p. 2078).
This 24th day of December, 1980.
Board of Commissioners of
Clarke County, Georgia
Hugh Logan
Representative,
District 62
Bob Argo
Representative,
District 63
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Argo who, on oath, deposes and
says that he/she is Representative from the 63rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Athens Observer which is the official organ of
Clarke County, on the following dates: January 8,15,22,1981.
/s/ Bob Argo
Representative,
63rd District
GEORGIA LAWS 1981 SESSION
3979
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF DUBLINCHARTER AMENDED.
No. 352 (House Bill No. 841).
AN ACT
To amend an Act providing a new charter for the City of Dublin,
Georgia, approved April 11, 1979 (Ga. Laws 1979, p. 3568), as
amended, particularly by an Act approved March 18,1980 (Ga. Laws
1980, p. 3189), so as to reverse the ward numbers for wards 3 and 4; to
change the method of filling vacancies for the office of Mayor or of a
Council member; 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 Dublin,
Georgia, approved April 11, 1979 (Ga. Laws 1979, p. 3568), as
amended, particularly by an Act approved March 18,1980 (Ga. Laws
1980, p. 3189), is hereby amended by striking subsection (a) of Section
3.3 in its entirety and substituting in lieu thereof a new subsection (a)
to read as follows:
(a) The four ward Council members shall be elected from four
separate, single-member districts called wards, and numbered 1, 2, 3,
and 4. The boundaries of the wards shall be as specifically set forth in
3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the order of the United States District Court for the Southern District
of Georgia, Dublin Division, on October 8, 1975, in Civil Action
Number CV374-14, and the numbers of the wards shall be the same as
set forth in said order except that ward 3 and ward 4 shall be reversed.
The boundaries of the four wards shall at all times be shown on a map
to be retained permanently in the Office of the city Clerk and to be
designated: Official Map of the Council Wards of the City of Dublin,
Georgia. Territory annexed to the City shall become a part of the
ward it abuts. If any such annexed territory abuts more than one
ward, the dividing line between the wards shall be extended along its
present course to make the division.
Section 2. Said Act is further amended by striking Section 3.10
in its entirety and substituting in lieu thereof a new Section 3.10 to
read as follows:
Section 3.10. Filling of Vacancies, (a) Any vacancy occurring in
the office of Mayor or Council member within the last 180 days of any
term of office shall be filled by a vote of a majority of the remaining
members of the Mayor and Council appointing a person to serve out
the unexpired term of office and until a successor is regularly elected
at the next general election for electing municipal officers and until
that successor is qualified.
(b) Any vacancy occurring in the office of Mayor or Council
member other than as provided in subsection (a) shall be filled by a
special election called by the Mayor and Council within 10 days after
said vacancy occurs. Such special election shall be conducted at the
time of the next general election for electing municipal officers if such
general election occurs not less than 45 and not more than 180 days
after such vacancy occurs. Otherwise, such special election shall be
conducted not less than 30 and not more than 45 days after the
issuance of the call. If the special election is not to be held within 60
days after the vacancy occurs, the vacancy shall be filled by a vote of a
majority of the remaining members of the Mayor and Council
appointing a person to serve until a successor is elected at the special
election provided in this subsection and until that successor is
qualified.
(c) A person appointed by the Mayor and Council to fill a
vacancy shall take the oath of office and commence serving at the
meeting of the Mayor and Council at which such appointment is
made or as soon thereafter as practical. A successor elected to fill a
GEORGIA LAWS 1981 SESSION
3981
vacancy at the special election provided in this Section shall take the
oath of office and commence serving at the next regular meeting of
the Mayor and Council following certification of the results of the
special election or as soon thereafter as practical and shall serve out
the unexpired term of office and until the election and qualification of
a successor.
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 Intent to Introduce Local Legislation.
Legislation will be introduced in the 1981 Session of the General
Assembly of Georgia to amend the Charter of the City of Dublin,
Georgia.
J. Roy Rowland
Representative,
119th District
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 Courier-Herald which is the official
organ of Laurens County, on the following dates: January 3, 10, 17,
1981.
/s/ J. Roy Rowland
Representative,
119th District
3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
LAURENS COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 353 (House Bill No. 840).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and
Tax Collector of Laurens County into the office of Tax Commissioner
of Laurens County, approved February 12, 1952 (Ga. Laws 1952, p.
2327), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 3956), so as to change the compensation of the tax
commissioner; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of Tax Receiver and
Tax Collector of Laurens County into the office of Tax Commissioner
of Laurens County, approved February 12, 1952 (Ga. Laws 1952, p.
2327), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 3956), is hereby amended by striking from Section
3 the following:
$17,617.00,
GEORGIA LAWS 1981 SESSION
3983
and inserting in lieu thereof the following:
$19,617.00,
so that when so amended Section 3 shall read as follows:
Section 3. The Tax Commissioner of Laurens County shall be
compensated in the amount of $19,617.00 per annum, to be paid in
equal monthly installments from the funds of Laurens County. This
shall be his full and complete compensation and shall be in lieu of all
commissions, fees, or charges of any kind, whatsoever, heretofore or
hereafter received by said tax commissioner. It is hereby specifically
provided that he shall not be entitled to the amount provided in 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. All funds collected from any source under color of said
office, except the salary provided herein, shall be county funds and
shall be accounted for by the tax commissioner as such.
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 Ad.
Notice is hereby given that there will be introduced in the 1981
regular session of the General Assembly of Georgia, a bill to alter the
compensation of the Tax Commissioner of Laurens County, Georgia,
to provide an effective date, and for other purposes.
Leon Green
County Attorney
3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Courier-Herald which is the official
organ of Laurens County, on the following dates: February 7, 14, 21,
1981.
/s/ J. Roy Rowland
Representative,
119th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
JOHNSON COUNTYCOMPENSATION OF BOARD
OF COMMISSIONERS.
No. 354 (House Bill No. 859).
AN ACT
To amend an Act creating a board of commissioners for Johnson
County, approved March 27, 1941 (Ga. Laws 1941, p. 887), as
GEORGIA LAWS 1981 SESSION
3985
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 3863), so as to change the compensation and expense allow-
ance of the chairman and members of said 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 for Johnson
County, approved March 27, 1941 (Ga. Laws 1941, p. 887), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 3863), is hereby amended by striking in its entirety Section 11
thereof, which reads as follows:
Section 11. The chairman of said board shall receive an annual
salary of $2,400.00 and the other members of said board shall receive
an annual salary of $2,100.00. In addition to their salaries, the
chairman shall receive an expense allowance of one hundred fifty
dollars ($150) per month and each of the other members of the board
shall receive an expense allowance of one hundred twenty-five dollars
($125) per month. Such salaries and expense allowances shall be paid
monthly out of the general funds of the county. Shall it be necessary
for any member of said board to transact business for the county
outside the limits of said County of Johnson, then his or their actual
expenses shall also be paid out of the general funds of the county.,
and inserting in lieu thereof a new Section 11 to read as follows:
Section 11. The chairman of said board shall receive an annual
salary of $3,000.00 and the other members of said board shall receive
an annual salary of $2,700.00. In addition to their salaries, the
chairman shall receive an expense allowance of $225.00 per month
and each of the other members of the board shall receive an expense
allowance of $175.00 per month. Such salaries and expense allowances
shall be paid monthly out of the general funds of the county. Shall it
be necessary for any member of said board to transact business for the
county outside the limits of said County of Johnson, then his or their
actual expenses shall also be paid out of the general funds of the
county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
There will be a Bill introduced into the 1981 Session of General
Assembly to change compensation for the County Commissioners of
Johnson County and for other purposes.
Jimmy Lord
105 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 22,
29, and February 5,1981.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3987
WASHINGTON COUNTYCOMPENSATION OF
SHERIFF, ETC.
No. 355 (House Bill No. 860).
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) and an Act
approved March 18,1980 (Ga. Laws 1980, p. 3508), so as to change the
compensation of the sheriff and various personnel in the sheriffs
office; to provide for additional compensation to certain supervisory
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 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) and an Act approved March 18,1980 (Ga. Laws 1980, p. 3508),
is hereby amended by striking from Section 2 thereof the following:
not less than $13,350.00 per annum and not more than $16,000.00
per annum,
and inserting in lieu thereof the following:
not less than $17,800.00 per annum and not more than $25,000.00
per annum,
so that when so amended said Section 2 shall read as follows:
Section 2. The Sheriff of Washington County shall receive an
annual salary not less than $17,800.00 per annum and not more than
$25,000.00 per annum, the exact amount to be determined by the
governing authority of Washington County. The sheriff shall be paid
in equal monthly installments from the funds of Washington County.
It is specifically stipulated that the annual salary provided herein for
the sheriff shall be in lieu of all fees, fines, forfeitures, commissions,
3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
costs, allowances, penalties, funds, moneys, salaries, and all other
emoluments and perquisites of whatever kind formerly allowed him
as compensation for services in any capacity, including services as
Sheriff of the City of Sandersville.
Section 2. Said Act is further amended by striking in its entirety
Section 5 thereof, which reads 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 sheriffs 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 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; 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 invest-
igator 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.,
and inserting in lieu thereof a new Section 5 to read as follows:
Section 5. The Sheriff of Washington County shall be authorized
to recommend, appoint and determine, within the limits provided
GEORGIA LAWS 1981 SESSION
3989
herein, the number and salary of, and persons to serve as, each of the
following sheriffs office personnel: not less than and not more than
one chief deputy, to be compensated in an amount not less than
$12,000.00 per annum and not more than $16,000.00 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 $10,000.00 per
annum and not more than $14,000.00 per annum, but the sheriff may
compensate any supervisory regular deputies in an amount not to
exceed the amount payable to nonsupervisory regular deputies plus 8
percent of such amount; 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 per annum 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 $5,000.00 per
annum and not more than $11,000.00 per annum, but the sheriff may
compensate any supervisory jailer-dispatchers in an amount not to
exceed the amount payable to nonsupervisory jailer-dispatchers plus
8 percent of such amount; and no more than one investigator,
although no investigator shall be required to be appointed or recom-
mended for appointment, to be compensated in an amount not less
than $12,000.00 per annum and not more than $18,000.00 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.
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.
3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 1981 General Assembly of Georgia to amend the act to change the
compensation of the Sheriff of Washington County, Georgia, and his
employees, and for other purposes.
Jimmy Lord
Representative,
District 105
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: February
5,12,19,1981.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
AnnrovpH Anril fi. 1981.
GEORGIA LAWS 1981 SESSION
3991
WASHINGTON COUNTYCOMPENSATION OF
CLERK OF SUPERIOR COURT.
No. 356 (House Bill No. 861).
AN ACT
To amend an Act abolishing the fee system of compensation of the
clerk of the superior court of Washington County and establishing in
lieu thereof an annual salary, approved March 12, 1965 (Ga. Laws
1965, p. 2392), as amended, particularly by an Act approved April 11,
1979 (Ga. Laws 1979, p. 3854), 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 abolishing the fee system of compensation of
the clerk of the superior court of Washington County and establishing
in lieu thereof an annual salary, approved March 12,1965 (Ga. Laws
1965, p. 2392), as amended, particularly by an Act approved April 11,
1979 (Ga. Laws 1979, p. 3854), is hereby amended by striking from
Section 2 thereof the following:
not more than $16,500, payable in equal monthly installments,
and inserting in lieu thereof the following:
not more than $20,000, payable in equal monthly installments
from funds of Washington County,
so that when so amended said Section 2 shall read as follows:
Section 2. The governing authority of Washington County shall
fix the annual salary of the clerk of the superior court at an amount
not less than $15,100 and not more than $20,000, payable in equal
3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
monthly installments from funds of Washington County. It is specifi-
cally declared that the annual salary provided herein for the clerk of
the superior court shall be in lieu of all fees, fines, forfeitures, monies,
salaries, and other emoluments and perquisites of whatever kind
formerly allowed him as compensation for services in any capacity.
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 1981 General Assembly of Georgia to amend the act to change the
compensation of the Clerk of Superior Court of Washington County,
Georgia, and for other purposes.
Jimmy Lord
Representative of
District 105
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: February
2,12,19,1981.
/s/ Jimmy Lord
Representative,
105th District
GEORGIA LAWS 1981 SESSION
3993
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GLASCOCK COUNTYCOMPENSATION OF CLERK
OF SUPERIOR COURT.
No. 357 (House Bill No. 862).
AN ACT
To provide for a supplement to the compensation of the clerk of
the Superior Court of Glascock County to be paid out of the funds of
Glascock 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. In addition to all other fees, commissions, costs, or
any other perquisites presently being received by the clerk of the
Superior Court of Glascock County, the governing authority of
Glascock County is hereby authorized and directed to supplement the
compensation of the clerk in an amount determined by said governing
authority but not to exceed $4,992.00 per annum. Such supplement
shall be paid to the clerk in equal monthly installments out of the
funds of Glascock County.
232
3994 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.
There will be introduced into next term of the General Assembly
of the State of Georgia a bill to authorize the supplement of the Clerk
of Superior Court of Glascock County and for other purposes.
Jimmy Lord
Representative,
105 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 Gibson Record and Guide which is
the official organ of Glascock County, on the following dates: January
16,23,30,1981.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
3995
GLASCOCK COUNTYCOMPENSATION OF JUDGE
OF PROBATE COURT.
No. 358 (House Bill No. 863).
AN ACT
To amend an Act providing for a supplement to the compensation
of the Judge of the Probate Court of Glascock County, approved
March 28, 1974 (Ga. Laws 1974, p. 3567), as amended by an Act
approved March 31,1976 (Ga. Laws 1976, p. 3732), so as to change the
supplement to the compensation of the Judge of the Probate Court of
Glascock County; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a supplement to the compensa-
tion of the Judge of the Probate Court of Glascock County, approved
March 28, 1974 (Ga. Laws 1974, p. 3567), as amended by an Act
approved March 31,1976 (Ga. Laws 1976, p. 3732), is hereby amended
by striking from Section 1 thereof the following:
in the amount of $3,600.00 per annum,
and inserting in. lieu thereof the following:
in an amount determined by said governing authority but not to
exceed $5,568.00 per annum,
so that when so amended Section 1 shall read as follows:
Section 1. In addition to all other fees, commissions, costs or any
other perquisites presently being received by the Judge of the Pro-
bate Court of Glascock County, the governing authority of Glascock
County is hereby authorized and directed to supplement the compen-
3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sation of the judge of the probate court in an amount determined by
said governing authority but not to exceed $5,568.00 per annum, and
such supplement shall be paid to the judge of the probate court in
equal monthly installments out of the funds of Glascock 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.
There will be introduced into next term of the General Assembly
of the State of Georgia a bill to change the supplement of the Probate
Judge of Glascock County and for other purposes.
Jimmy Lord
Representative,
105 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 Gibson Record and Guide which is
the official organ of Glascock County, on the following dates: January
16,23,30,1981.
/s/ Jimmy Lord
Representative,
105th District
GEORGIA LAWS 1981 SESSION
3997
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
WASHINGTON COUNTYCOMPENSATION OF
TAX COMMISSIONER.
No. 359 (House Bill No. 864).
AN ACT
To amend an Act placing the Tax Commissioner of Washington
County upon an annual salary and abolishing the fee system of
compensation, approved March 29,1971 (Ga. Laws 1971, p. 2292), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 3863), so as to change the compensation of said tax commis-
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 placing the Tax Commissioner of Washington
County upon an annual salary and abolishing the fee system of
compensation, approved March 29,1971 (Ga. Laws 1971, p. 2292), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 3863), is hereby amended by striking from Section 2 thereof
the following:
not more than $16,500,
3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
not more than $20,000,
so that when so amended said Section 2 shall read as follows:
Section 2. The governing authority of Washington County shall
fix the annual salary of the Tax Commissioner in an amount not less
than $14,000 and not more than $20,000.
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 1981 General Assembly of Georgia to amend the act to change the
compensation of the Tax Commissioner of Washington County,
Georgia, and for other purposes.
Jimmy Lord
Representative,
District 105
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: February
5,12,19,1981.
GEORGIA LAWS 1981 SESSION
3999
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
WASHINGTON COUNTYCOMPENSATION OF
JUDGE OF PROBATE COURT.
No. 360 (House Bill No. 865).
AN ACT
To amend an Act placing the Judge of the Probate Court of
Washington County upon an annual salary and abolishing the fee
system, approved March 29, 1971 (Ga. Laws 1971, p. 2289), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 3858), so as to change the compensation of said judge; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Judge of the Probate Court of
Washington County upon an annual salary and abolishing the fee
system, approved March 29, 1971 (Ga. Laws 1971, p. 2289), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1979, p. 3858), is hereby amended by striking from Section 2 thereof
the following:
not more than $14,500,
and inserting in lieu thereof the following:
not more than $18,500,
so that when so amended said Section 2 shall read as follows:
Section 2. The governing authority of Washington County shall
fix the annual salary of the Judge of the Probate Court in an amount
not less than $12,200 and not more than $18,500, payable in equal
monthly installments.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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 1981 General Assembly of Georgia to amend the act to change the
compensation of the Probate Judge of Washington County, Georgia,
and for other purposes.
Jimmy Lord
Representative,
District 105
GEORGIA LAWS 1981 SESSION
4001
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: February
5,12,19,1981.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
HENRY COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 361 (House Bill No. 866).
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), as
4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3958), so as to change the jurisdiction of the court; to repeal conflict-
ing 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), as
amended by an Act approved March 25, 1980 (Ga. Laws 1980, p.
3958), is hereby amended by striking from Section 1 the figure:
$1,000.00,
and inserting in lieu thereof the figure:
$1,500.00,
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 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 $1,500.00, 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.
Said court shall further have concurrent jurisdiction to hear and rule
on violations of county ordinances.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating a Small Claims Court of Henry County, approved April
7, 1976 (Ga. Laws 1976, p. 4463), as amended, so as to change the
jurisdiction of said court; and for other purposes.
GEORGIA LAWS 1981 SESSION
4003
This 23rd day of January, 1981.
Glenn E. McCreary
Judge, Small Claims
Court of Henry County
Georgia, Fulton County.
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 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: January 28, February
4,11,1981.
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTYCOMPENSATION OF TREASURER.
No. 362 (House Bill No. 867).
AN ACT
To amend an Act providing for the election and salary of the
treasurer of Henry County, approved July 28,1921 (Ga. Laws 1921, p.
502), as amended, particularly by an Act approved April 1,1969 (Ga.
Laws 1969, p. 2449), so as to change the compensation of the trea-
surer; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the election and salary of the
treasurer of Henry County, approved July 28,1921 (Ga. Laws 1921, p.
502), as amended, particularly by an Act approved April 1,1969 (Ga.
Laws 1969, p. 2449), is hereby amended by striking Section 4 and
inserting in its place a new Section 4 to read as follows:
Section 4. The treasurer of Henry County shall receive an annual
base salary of $2,750.00, payable in equal monthly installments from
Henry County funds. Said annual salary shall be increased by 3 1/2
percent of the base amount on July 1,1981, and on July 1 of each year
thereafter. In addition to said salary, he shall also receive from
county funds such sums as he may pay to a surety company as
premiums for his official bond.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the office of treasurer of Henry County, approved July
GEORGIA LAWS 1981 SESSION
4005
28, 1921 (Ga. Laws 1921, p. 502), as amended, so as to change the
compensation of the treasurer of Henry County; and for other pur-
poses.
This 23 day of January, 1981.
Jason J. Patrick
County Treasurer
of Henry County
Georgia, Fulton County.
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 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: January 28, February
4,11,1981.
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 363 (House Bill No. 868).
AN ACT
To amend an Act placing the sheriff, probate judge, clerk of
superior court, and tax commissioner of Henry County on an annual
salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 4189), so as to change the compensation of said officers; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff, probate judge, clerk of
superior court, and tax commissioner of Henry County on an annual
salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 4189), is hereby amended by striking Section 2 and adding a
new Section 2 to read as follows:
Section 2. (a) The salary of the Sheriff of Henry County shall be
$22,000.00 per year to be paid in equal monthly installments out of
county funds.
(b) (1) The sheriff shall be authorized to employ one chief deputy.
The salary of the chief deputy shall be fixed by the governing
authority of Henry County and paid in equal monthly install-
ments from county funds.
(2) In addition to the chief deputy, the sheriff is hereby
authorized to employ other deputies and assistants and to set
their salaries, but the number of such deputies and assistants and
the salaries thereof shall be subject to the final approval of the
governing authority of Henry County.
(3) The governing authority of Henry County shall furnish
suitable vehicles to the sheriff and chief deputy sheriff and pay the
expenses of operation of same, for the use of said sheriff and chief
deputy sheriff in the performance of their official duties.
GEORGIA LAWS 1981 SESSION
4007
(c) (1) Effective July 1,1981, the annual salary of the sheriff shall
be increased by an additional 3 1/2% on said date and on the first
day of July each year thereafter.
(2) In addition to the amounts provided by paragraph (1) of
this subsection, the sheriff shall receive an additional 5% salary
increase on January 1,1982.
(d) The sheriff shall also receive a contingent expense allowance
of $100.00 per month.
Section 2. Said Act is further amended by striking from Section
3 the following:
80%,
and inserting in lieu thereof the following:
85% ,
and by adding at the end of the section the following:
The clerk of the superior court shall also receive a monthly
contingent expense allowance of 85 % of that of the sheriff.,
so that when so amended said Section 3 shall read as follows:
Section 3. The Clerk of the Superior Court of Henry County
shall be paid a salary of $16,000 per year to be paid in equal monthly
installments out of county funds. The clerk of the superior court is
hereby authorized to employ such deputies and other assistants as he
deems necessary, to prescribe their duties and to set their salaries, but
the number of such deputies and assistants and the salaries thereof
shall be subject to the final approval of the Board of Commissioners
of Henry County. Effective January 1,1980, the annual salary of the
clerk shall be increased by an additional 3 1/2% on said date.
Effective July 1,1980, the annual salary of the clerk shall be increased
by an additional 3 1/2% on said date and on the first day of July each
year thereafter. In no event shall the annual salary of the clerk of the
superior court be less than 85% of the annual salary of the Sheriff of
Henry County as now or hereafter provided by local or general law.
The clerk of the superior court shall also receive a monthly contingent
expense allowance of 85% of that of the sheriff.
4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking from Section
4 the following:
80% ,
and inserting in lieu thereof the following:
85% ,
and by adding at the end of the section the following:
The judge of the probate court shall also receive a monthly
contingent expense allowance of 85% of that of the sheriff.,
so that when so amended said Section 4 shall read as follows:
Section 4. The Judge of the Probate Court of Henry County shall
be paid an annual salary of $16,000.00. The annual salary of said
officer shall be increased by an additional 3 1/2% on January 1,1980.
Said annual salary shall be further increased by 3 1/2% on July 1,
1980, and on the first day of July of each year thereafter. In no event
shall the annual salary of the judge of the probate court be less than
85% of the annual salary of the Sheriff of Henry County as now or
hereafter provided by local or general law. Said salary shall be paid in
equal monthly installments out of county funds. The Judge of the
Probate Court is hereby authorized to employ such clerks and other
assistants as he deems necessary, to prescribe their duties and to set
their salaries, but the number of such clerk and assistants and the
salaries thereof shall be subject to the final approval of the Board of
Commissioners of Henry County. The annual salary provided for the
judge of the probate court shall be his full compensation and shall be
in lieu of any and all fees or salary now or previously provided for
handling traffic cases. The judge of the probate court shall also
receive a monthly contingent expense allowance of 85% of that of the
sheriff.
Section 4. Said Act is further amended by striking from Section
4A the following:
80% ,
and inserting in lieu thereof the following:
GEORGIA LAWS 1981 SESSION
4009
85% ,
and by adding at the end of the section the following:
The tax commissioner shall also receive a monthly contingent
expense allowance of 85% of that of the sheriff.,
so that when so amended said Section 4A shall read as follows:
Section 4A. The tax commissioner of Henry County shall receive
an annual salary of fifteen thousand six hundred eighty dollars
($15,680.00) payable in equal monthly installments from the funds of
Henry County. All fees, commissions, costs, fines, percentages,
forfeitures, penalties and other perquisites of whatever kind received
and collected by the tax commissioner shall be received, collected and
held by him as public funds to Henry County. On or before the tenth
day of each month the tax commissioner shall pay over to the fiscal
authority of Henry County all such funds as shall have been collected
by him for the county during the immediately preceding calendar
month with a detailed, itemized statement showing the collections
and the sources from which such funds were collected. It is specifi-
cally provided that the salary provided herein for the tax commis-
sioner shall be in lieu of all fees, commissions, costs, fines, percent-
ages, forfeitures, penalties and other perquisites of whatever kind,
including those commissions allowed by an Act relating to commis-
sions on taxes collected in excess of a certain percentage of taxes due
according to the tax net digest, approved January 17,1938 (Ga. Laws
1937-38, Ex. Sess., p. 297), as amended. The tax commissioner is
hereby authorized to employ such clerks and other assistants as he
deems necessary, to prescribe their duties and to set their salaries but
the number of such clerks and assistants and the salary thereof shall
be subject to the final approval of the board of county commissioners
of Henry County. Said annual salary of the tax commissioner shall be
increased by 3 1/2% on January 1, 1980. Said annual salary shall
further be increased by 3 1/2% on July 1,1980, and on the first day of
July each year thereafter. In no event shall the annual salary of the
tax commissioner be less than 85% of the annual salary of the Sheriff
of Henry County as now or hereafter provided by local or general law.
The tax commissioner shall also receive a monthly contingent
expense allowance of 85% of that of the sheriff.
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.
4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act placing the sheriff, clerk of the superior court, tax commissioner,
and the judge of the probate court of Henry County on an annual
salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as
amended, so as to change the compensation of said officials; and for
other purposes.
This 23 day of January, 1981.
Phillip T. Keen
County Attorney
Georgia, Fulton County.
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 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: January 28, February
4,11,1981.
/s/ G. Richard Chamberlin
Representative,
73rd District
GEORGIA LAWS 1981 SESSION
4011
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
HENRY COUNTY WATER AND SEWERAGE AUTHORITY
ACT AMENDED.
No. 364 (House Bill No. 869).
AN ACT
To amend an Act creating the Henry County Water and Sewerage
Authority, approved March 28, 1961 (Ga. Laws 1961, p. 2588), as
amended, particularly by an Act approved April 17, 1973 (Ga. Laws
1973, p. 3519) and an Act approved March 23,1977 (Ga. Laws 1977, p.
4129), so as to change the membership of the Authority; to provide for
all related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Henry County Water and
Sewerage Authority, approved March 28, 1961 (Ga. Laws 1961, p.
2588), as amended, particularly by an Act approved April 17, 1973
(Ga. Laws 1973, p. 3519) and an Act approved March 23, 1977 (Ga.
Laws 1977, p. 4129), is hereby amended by striking Section 4 and
inserting in its place a new Section 4 to read as follows:
Section 4. (a) The water system is to be constructed, main-
tained, and operated for and on behalf of said county by the Henry
County Water and Sewerage Authority.
4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The five members of the Authority in office on the effective
date of this subsection shall serve out the terms for which they were
appointed. A sixth member shall be appointed by the governing
authority of the county for a term of four years from April 1, 1981.
The sixth member shall be a resident of any county commission
district which does not have a resident who is a member of the
Authority. Upon expiration of those terms expiring on April 1,1983,
the governing authority shall appoint a number of successors which is
one less than the number of members whose terms so expire, so that
the total number of members of the Authority shall again be reduced
to five. Thereafter a successor will be appointed upon the expiration
of each term of office in a manner such that the Authority shall at all
times have five members and such that there will be at all times at
least one member of the Authority from each county commissioner
district. All appointments will be for a term of four years. All terms
shall begin and end on the first day of April.
(c) The Authority shall organize and elect a chairman, vice-
chairman and secretary from among members and shall report their
actions to the governing authority of Henry County on or before July
31 of each year for the immediately preceding year.
(d) Vacancies for the unexpired term shall be filled by the
governing authority of Henry County. No vacancy shall impair the
right of the Authority to act on any matter which may properly come
before it.
(e) Three members shall constitute a quorum for the transaction
of business, and they shall have the right to meet whenever they shall
deem it for the best interest of said Authority. Notice of such meeting
shall be given each member in writing at least three days before such
meeting and a majority of said Authority, or the chairman, may call
such meeting upon giving the required notice.
(f) The officers of said Authority shall serve at the pleasure of
said Authority.
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.
GEORGIA LAWS 1981 SESSION
4013
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Henry County Water Authority, approved March 28,
1961 (Ga. Laws 1961, p. 2588), as amended, so as to change the
provisions relative to the number of members of said authority; and
for other purposes.
This 23 day of January, 1981.
Philip T. Keen
County Attorney
Georgia, Fulton County.
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 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: January 28, February
4,11,1981.
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 24th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTYVACANCIES ON BOARD OF
COMMISSIONERS.
No. 365 (House Bill No. 872).
AN ACT
To amend an Act creating a board of commissioners of Tift
County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 4015), so as to change the date of the special election to fill
certain vacancies in membership on the board; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Tift
County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 4015), is hereby amended by striking subsection (b) of
Section 5 in its entirety and inserting in lieu thereof a new subsection
(b) to read as follows:
(b) When a member of the board of commissioners from com-
missioner district 2, 4, or 5 resigns from office in the same year in
which the general election is held to elect the chairman of the board of
commissioners, the vacancy created by such resignation shall be filled
at a special election to be held at the same time as the general primary
election.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
4015
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to change the time of the special
election to fill the vacancy created by the resignation of a member of
the Board of Commissioners who has resigned to run for chairman-
ship, and for other purposes.
Reinhardt, Whitley and
Rogers, P.C., Attorneys
for Tift County
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: January 10,17,24,1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (11,775 - 12,100).
No. 366 (House Bill No. 873).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in each county in this State having a population of not less than
11,775 and not more than 12,100 according to the U. S. Decennial
Census of 1960 or any future such census, and including the Counties
of Berrien and Cook; providing for the appointment, duties, powers,
compensation, qualifications, substitutions and tenure of office of the
judge of any such Small Claims Court; prescribing the jurisdiction,
the pleading, practice and service of processes therein; providing for a
clerk and prescribing his duties and remuneration; providing for
paraphernalia for such courts; validating acts and proceedings
therein; providing the effective date hereof; to provide for one or more
bailiffs of and for said small claims court; to standardize and fix the
monetary limits of such courts in conformity with preexisting small
claims courts of this State; to provide for the procedure and practice
in garnishments, in the issuing executions from said courts, and in the
trial of claim cases and illegalities instituted by third parties; to fix,
clarify and make certain the provisions as to costs in certain cases; to
enable the county commissioners to provide adequate and suitable
quarters, facilities and accommodations for transacting the business
of said courts and to provide such additional personnel as in their
judgment such courts may require; to repeal conflicting laws; and for
other purposes., approved April 4,1963 (Ga. Laws 1963, p. 2933), as
amended by an Act approved March 10, 1964 (Ga. Laws 1964, p.
2528), and an Act approved March 19,1974 (Ga. Laws 1974, p. 2220);
to provide an effective date; to provide conditions for the effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in each county in this State having a population of not less than
11,775 and not more than 12,100 according to the U. S. Decennial
Census of 1960 or any future such census, and including the Counties
of Berrien and Cook; providing for the appointment, duties, powers,
compensation, qualifications, substitutions and tenure of office of the
judge of any such Small Claims Court; prescribing the jurisdiction,
GEORGIA LAWS 1981 SESSION
4017
the pleading, practice and service of processes therein; providing for a
clerk and prescribing his duties and remuneration; providing for
paraphernalia for such courts; validating acts and proceedings
therein; providing the effective date hereof; to provide for one or more
bailiffs of and for said small claims court; to standardize and fix the
monetary limits of such courts in conformity with preexisting small
claims courts of this State; to provide for the procedure and practice
in garnishments, in the issuing executions from said courts, and in the
trial of claim cases and illegalities instituted by third parties; to fix,
clarify and make certain the provisions as to costs in certain cases; to
enable the county commissioners to provide adequate and suitable
quarters, facilities and accommodations for transacting the business
of said courts and to provide such additional personnel as in their
judgment such courts may require; to repeal conflicting laws; and for
other purposes., approved April 4,1963 (Ga. Laws 1963, p. 2933), as
amended by an Act approved March 10, 1964 (Ga. Laws 1964, p.
2528), and an Act approved March 19,1974 (Ga. Laws 1974, p. 2220),
is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if either an Act creating a Small Claims Court in Cook
County and providing for other matters relative thereto or an Act
creating a Small Claims Court in Berrien County and providing for
other matters relative thereto, or both, do not pass the 1981 session of
the General Assembly and are not signed by the Governor or do not
become law without his signature, this Act shall be null and void and
shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN
COUNTIES REPEALED (23,300 - 23,699).
No. 367 (House Bill No. 874).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in each county in this State having a population of not less than
23,300 and not more than 23,699 according to the U. S. Decennial
Census of 1960 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of such small claims court; to prescribe
the jurisdiction, the pleading, practice and service of process therein;
to provide for a clerk and prescribing his remuneration; to validate
acts and proceedings therein; to provide an effective date; to repeal
conflicting laws; and for other purposes., approved March 11, 1964
(Ga. Laws 1964, p. 2944), as amended by an Act approved March 27,
1965 (Ga. Laws 1965, p. 2678) and an Act approved April 24,1975 (Ga.
Laws 1975, p. 4551); to provide an effective date; to provide condi-
tions for the effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in each county in this State having a population of not less than
23,300 and not more than 23,699 according to the U. S. Decennial
Census of 1960 or any future such census; to provide for the appoint-
ment, duties, powers, compensation, qualifications, substitution and
tenure of office of the judge of such small claims court; to prescribe
the jurisdiction, the pleading, practice and service of process therein;
to provide for a clerk and prescribing his remuneration; to validate
acts and proceedings therein; to provide an effective date; to repeal
conflicting laws; and for other purposes., approved March 11, 1964
(Ga. Laws 1964, p. 2944), as amended by an Act approved March 27,
1965 (Ga. Laws 1965, p. 2678) and an Act approved April 24,1975 (Ga.
Laws 1975, p. 4551), is hereby repealed in its entirety.
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Tift County
and providing for other matters relative thereto does not pass the
1981 session of the General Assembly and is not signed by the
GEORGIA LAWS 1981 SESSION
4019
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
CITY OF CENTERVILLEPUNISHMENT IN
MUNICIPAL COURT.
No. 368 (House Bill No. 882).
AN ACT
To amend an Act incorporating the City of Centerville, approved
March 25,1958 (Ga. Laws 1958, p. 3323), as amended, so as to change
the penalty provisions for offenses tried in the municipal court; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Centerville,
approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, is
hereby amended by striking in its entirety from Section 19 the
following paragraph:
Said court shall have jurisdiction and authority (a) to try offenses
against the laws and ordinances of the municipal government and to
punish for a violation of the same; (b) to punish witnesses for non-
attendance, 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 in said court, to go or move beyond the
reach of the process of the court; (c) to punish for any contempt of
court; (d) through the presiding officer to impose fines not exceeding
three hundred ($300.00) dollars and imprisonment not exceeding
forty (40) days, either or both, in the discretion of the presiding
officer.,
4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof a new paragraph to read as follows:
Said court shall have jurisdiction and authority (a) to try offenses
against the laws and ordinances of the municipal government and to
punish for a violation of the same; (b) 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 in said court to go or move
beyond the reach of the process of the court; (c) to punish for any
contempt of court; (d) through the presiding officer to impose fines
not exceeding $1,000.00 and imprisonment not exceeding six months,
or both, in the discretion of the presiding officer; provided, however,
that each contempt of 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 Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1981
session of the General Assembly of Georgia a bill to amend the charter
of the City of Centerville so as to increase the jurisdiction of the
police court as to fines and imprisonment; to repeal conflicting laws;
and for other purposes.
This 9th day of January, 1981.
Ted Waddle
Representative,
113th District
Georgia, Houston County.
Personally appeared before me this date, R. F. Jones, publisher of
The Houston Home Journal, Perry, Ga., the Official Organ of
GEORGIA LAWS 1981 SESSION
4021
Houston County, Georgia, who certifies that the Legal Notice, Notice
of Intention to Introduce Local Legislation/City of Centerville/Police
Court was published in The Houston Home Journal on the following
dates: January 22,29 and February 5,1981.
This 5th day of February, 1981.
/s/ R. F. Jones
Publisher,
Houston Home Journal
Perry, Georgia
Sworn to and subscribed before me,
this 5th day of February, 1981.
/s/ Sally P. Quinn
Notary Public, Houston County.
My Commission Expires April 22, 1984.
(Seal).
Approved April 6,1981.
JACKSON COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 369 (House Bill No. 885).
AN ACT
To amend an Act creating the office of Tax Commissioner of
Jackson County; placing the Clerk of the Superior Court, the Sheriff,
the Judge of the Probate Court, and the Tax Commissioner on a
salary basis of compensation; and providing for the compensation of
4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Chairman and members of the Board of Commissioners of
Jackson County, approved March 21, 1968 (Ga. Laws 1968, p. 2536),
as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4147), so as to authorize the governing authority to provide cost-of-
living increases; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Tax Commissioner of
Jackson County; placing the Clerk of the Superior Court, the Sheriff,
the Judge of the Probate Court, and the Tax Commissioner on a
salary basis of compensation; and providing for the compensation of
the Chairman and members of the Board of Commissioners of
Jackson County, approved March 21,1968 (Ga. Laws 1968, p. 2536),
as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4147), is hereby amended by inserting a new section following Section
14.1, to be designated Section 14.2, to read as follows:
Section 14.2. The governing authority of Jackson County shall
be authorized to provide cost-of-living salary increases to the Clerk of
the Superior Court, Sheriff, Judge of the Probate Court, Tax Com-
missioner, and the Chairman and members of the Board of Commis-
sioners in the same manner in which cost-of-living salary increases are
provided to other county employees; provided, however, any such
cost-of-living increase which may be granted to those elected officials
shall not exceed any similar cost-of-living increase which may be
granted to other employees of Jackson 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
1981 session of the General Assembly of Georgia, a bill to amend the
Act creating the Office of Tax Commissioner of Jackson County;
placing the Clerk of the Superior Court, the Sheriff, the Judge of the
Probate Court, and the Tax Commissioner on a salary basis of
compensation; and providing for the compensation of the Chairman
and members of the Board of Commissioners of Jackson County,
approved March 21, 1968 (Ga. Laws 1968, p. 2536); and for other
purposes.
GEORGIA LAWS 1981 SESSION
4023
This 26th day of January, 1981.
Lauren McDonald
Representative,
12th District
Affidavit of Publication.
I, Herman Buffington, Publisher of The Jackson Herald, do
hereby certify that the copy of the Legal Notice of Intention to
Introduce Local Legislation appeared in the Jackson Herald,
Jefferson, Georgia on January 28, February 4, February 11.
This 19th day of February, 1981.
/s/ Herman Buffington
Publisher
Subscribed and sworn to before me,
this 19 day of February, 1981.
/s/ Minnie S. Toles
Notary Public.
(Seal).
Approved April 6,1981.
4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF LINCOLNTONCHARTER AMENDED.
No. 370 (House Bill No. 886).
AN ACT
To amend an Act creating a new charter for the City of Lincolnton,
approved March 4,1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3117), as
amended, so as to change the provisions relating to personnel of such
governing authority; to provide for the appointment of personnel and
the filling of vacancies occurring in such offices; to provide for the
compensation of the mayor and councilmen; to change the provisions
relating to the power of the governing authority to make loans; to
provide for the transfer of property to Lincoln County under certain
circumstances; 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
Lincolnton, approved March 4,1953 (Ga. Laws 1953, Jan.-Feb. Sess.,
p. 3117), as amended, is hereby amended by striking Section 19 in its
entirety and inserting in lieu thereof a new Section 19 to read as
follows:
Section 19. (a) Be it further enacted, that the mayor and
councilmen shall appoint a town clerk and treasurer, said treasurer to
give bond with security in the sum of $1,000.00 for the faithful
performance of his duties; a marshal, who may be chief of police, and
as many policemen as in the judgment of the mayor and council shall
be necessary; a city attorney; and such other officers as the mayor and
councilmen 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 councilmen may by ordinances pre-
scribe; provided that all bonds of officers shall be made payable to the
City of Lincolnton. Vacancies occurring in any of the appointive
offices shall be filled in the same manner as the original appoint-
ments. Said mayor and councilmen shall have the power and author-
ity to suspend and remove said officers in their discretion; and it shall
be the duty of the mayor and councilmen to fix the salaries or
compensation of all officers, agents, and employees of said city. All
expenditures of the mayor and councilmen for city purposes shall be
paid out of the city funds by an order drawn by the city clerk after the
mayor and councilmen have allowed same. The mayor and council-
GEORGIA LAWS 1981 SESSION
4025
men may at any time employ as many policemen for said city for such
length of time as said mayor and councilmen 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 councilmen. The mayor
and councilmen shall have the authority to employ a waterworks
superintendent and a city attorney and fix their compensation.
(b) The mayor shall receive a salary of $1,200.00 per annum and
each councilman shall receive a salary of $600.00 per annum, said
salaries to be paid in equal monthly installments from city funds;
provided, however, that the governing authority of the city shall be
authorized to change the salaries provided for herein in accordance
with and pursuant to the Municipal Home Rule Act of 1965, as now
or hereafter amended.
Section 2. Said Act is further amended by striking Section 111 in
its entirety and inserting in lieu thereof a new Section 111 to read as
follows:
Section 111. (a) Be it further enacted, that the mayor and
councilmen of said city shall have power and authority, when neces-
sary to supply casual deficiencies in the revenues of said city, to
negotiate a temporary loan or loans not in excess of one year and
execute a note or notes therefor in the name of said city in such
amount as may be provided by special resolution or ordinance for that
purpose.
(b) Be it further enacted, that the mayor and councilmen of said
city, in order to provide funds for capital outlay projects, shall have
the power and authority to negotiate a loan or loans for a term not in
excess of five years and execute a note or notes therefor in the name of
said city not to exceed $50,000.00 as may be provided by special
resolution or ordinances for such purposes.
Section 3. Said Act is further amended by striking Section 115 in
its entirety and inserting in lieu thereof a new Section 115 to read as
follows:
Section 115. (a) Except as otherwise provided in subsection (b),
the mayor and council of said city shall have the power and authority
to sell any property belonging to said town which shall become
unnecessary and useless for said city purposes and to make a good and
sufficient title to the purchaser. However, in the sale of such property
233
4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the city, the following procedure shall be followed: before any such
property shall be sold, a resolution shall be passed and adopted by the
mayor and council either in regular or special session, which resolu-
tion shall state that the property proposed to be sold is no longer
necessary or useful for city purposes and that it is expedient and
beneficial to the city that the same be disposed of. Except as
otherwise provided herein, said property shall be sold only at public
outcry to the highest bidder for cash on the regular sales day on which
sheriffs sales are held and after advertisement of said sale once a
week for four weeks in the newspaper of said county in which the
sheriffs advertisements appear. Such sale shall be at the place and
during the hours of sheriffs sales in said county, and the procedure of
such sales shall be the same as provided for sales of property by a
sheriff. The mayor and council shall have the authority to sell any
personal property of the city with a value not to exceed $500.00 by
private sale without the necessity of advertisement if the mayor and
council shall deem such private sale to be in the best interest of the
city.
(b) The provisions of this section shall not apply where property
will be transferred by the mayor and council of the City of Lincolnton
to the governing authority of the County of Lincoln.
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 1981
Session of the General Assembly of Georgia a bill to amend an Act
creating and establishing a new charter for the City of Lincolnton,
approved March 4,1953 (Ga. L. 1953, p. 3117), as amended; to change
certain sections of the charter as requested by the City Council; to
repeal conflicting laws; and for other purposes.
This 13th day of January, 1981.
Ben Barron Ross
Representative,
76th District
GEORGIA LAWS 1981 SESSION
4027
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Barron Ross who, on oath,
deposes and says that he/she is Representative from the 76th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Lincoln Journal which is the official
organ of Lincoln County, on the following dates: January 15, 22, 29,
1981.
/s/ Ben Barron Ross
Representative,
76th District
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BLECKLEY COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 371 (House Bill No. 889).
AN ACT
To amend an Act creating and establishing a Small Claims Court
in and for Bleckley County, approved March 31,1972 (Ga. Laws 1972,
4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 3248), as amended, so as to change the jurisdiction of the court; to
provide for certain fees; to provide for the operational requirements
of the court; to provide for punishment for contempt; to provide for
an audit; to provide for severability; 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 Bleckley County, approved March 31, 1972 (Ga.
Laws 1972, p. 3248), as amended, is hereby amended by striking from
Section 1 of said Act the following:
$1,500.00,
and substituting in lieu thereof the following:
$2,000.00,
and by striking the following:
pertaining to civil actions,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court in and for Bleckley 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 the first
sentence of subsection (a) of Section 8 of said Act which reads as
follows:
The plaintiff, when he files his claim, shall deposit with the court
the sum of $12.50, 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 be $12.50.,
GEORGIA LAWS 1981 SESSION
4029
and substituting in lieu thereof the following:
The plaintiff, when he files his claim, shall deposit with the court
the sum of $12.50, which shall cover all costs of the proceeding except
service of the notice, and the deposit of cost in cases of attachment or
trover shall be $12.50. In cases of garnishment, the deposit of cost
shall be $12.50 for the original affidavit and summons and $12.50 for
each additional summons thereafter.,
so that when so amended subsection (a) of Section 8 of said Act shall
read as follows:
The plaintiff, when he files his claim, shall deposit with the court
the sum of $12.50, which shall cover all costs of the proceeding except
of service of the notice, and the deposit of cost in cases of attachment
or trover shall be $12.50. In cases of garnishment, the deposit of cost
shall be $12.50 for the original affidavit and summons and $12.50 for
each additional summons thereafter. 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 costs of the proceeding shall be taxed to the losing party.
Section 3. Said Act is further amended by striking in its entirety
Section 19 of said Act and substituting in lieu thereof the following:
Section 19. All office space, courtroom facilities, forms, docket
books, file jackets, 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.
Said authority shall also provide a suitable room in the courthouse for
the holding of said court.
Section 4. Said Act is further amended by striking in its entirety
Section 22 and substituting in lieu thereof the following:
Section 22. 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, or to imprison for not more than 6 hours any person guilty of
contempt of court, or both.
Section 5. Said Act is further amended by adding immediately
following Section 24 two sections, to be designated Section 25 and
Section 26, to read as follows:
4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 25. The books of said court shall be reviewed and
audited annually by the county auditor.
Section 26. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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 6. 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 1981
regular session of the Georgia General Assembly a bill to amend the
act to create and establish a Small Claims Court for Bleckley County,
approved March 31, 1972, Georgia Law 1972, Page 3248, so as to
change Jurisdictional amount and for other purposes.
/s/ Ben Jessup
Representative,
117th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the the 117th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Cochran-Journal which is the official
organ of Bleckley County, on the following dates: February 4, 11, 18,
1981.
GEORGIA LAWS 1981 SESSION
4031
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
JOHNSON COUNTYSMALL CLAIMS COURT CREATED.
No. 372 (House Bill No. 894).
AN ACT
To create and establish a Small Claims Court of Johnson 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
4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
validating the acts of said court 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 Johnson County. Said court shall have civil jurisdic-
tion 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) In order to serve as judge of the small claims court
created by this Act, a person must be a resident of Johnson 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 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
Johnson 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.
GEORGIA LAWS 1981 SESSION
4033
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
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 $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 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 proceed-
ing 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
4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 deter-
mined 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 illegal-
ity. 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 adminis-
ter 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
GEORGIA LAWS 1981 SESSION
4035
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 circum-
stances 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 Johnson
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 accom-
plish 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 consta-
bles. 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.
4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Johnson County
____________________________________________________________Georgia
Plaintiff
Address
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs claim
which is to be filed with the court may be verified by the plaintiff or
his agent as follows:)
GEORGIA LAWS 1981 SESSION
4037
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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
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 $_____________, 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.
4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Johnson County
(Seal).
Section 18. No later than 60 days after the effective date of this
Act, the governing authority of Johnson County shall appoint a duly
qualified person to serve as judge of said court for a term of office of
two years and until his successor is duly appointed by the governing
authority of Johnson County and qualified. All vacancies in the office
of judge shall be filled by appointment of a successor by the governing
authority of Johnson 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, 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
GEORGIA LAWS 1981 SESSION
4039
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.
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 uncon-
stitutional 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.
There will be a Bill introduced into the 1981 Session of General
Assembly to create a small claims court for Johnson County and for
other purposes.
4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jimmy Lord
105 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 22,
29, February 5,1981.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 25th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4041
DOWNTOWN SAVANNAH AUTHORITYPOWERS.
No. 373 (House Bill No. 897).
AN ACT
To enlarge and further define the powers of the Downtown
Savannah Authority which was created by an amendment to the
Constitution which appears at Ga. Laws 1974, p. 1738; to further
define the terms project and cost of project; to provide for the
membership of the Authority; to limit certain powers of the Author-
ity; to provide for nonseverability; 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 membership of the Downtown Savannah Author-
ity, which was created by a constitutional amendment appearing at
Ga. Laws 1974, p. 1738, is hereby changed and constituted as
provided by this Act. This Act is pursuant to the authority granted to
the General Assembly by Section 3 of said constitutional amendment.
In addition to the members named in said amendment, there is
hereby constituted one other member who shall be a nonvoting
member on said Authority and who shall be appointed by a majority
vote of the members of the Georgia General Assembly whose legisla-
tive districts lie wholly or partially within the boundaries of the City
of Savannah.
Said member shall be appointed by said majority and shall take
his seat on said Authority upon transmission of written notification
from the Chatham legislative delegation to the mayor and city council
for the City of Savannah.
Said legislative appointee shall have all powers and rights as
conferred upon all other members of said Authority except the power
to vote. The term of said appointee shall be two years and shall
coincide with that of the members of the General Assembly. Said
appointee may be reappointed for successive terms and may be
removed by majority vote of said delegation; and, if a vacancy occurs
in said position, it shall be filled by majority vote of said delegation.
Section 2. Subject to the provisions and limitations hereinafter
provided, the powers of the Downtown Savannah Authority, which
4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
was created by a constitutional amendment appearing at Ga. Laws
1974, p. 1738, are enlarged and further defined as provided by this
Act. This Act is pursuant to the authority granted to the General
Assembly by Section 31 of said constitutional amendment.
(1) (A) The word projects or project as used in said
constitutional amendment shall include the acquisition, con-
struction, installation, modification, renovation, or rehabili-
tation of buildings, structures, facilities and other improve-
ments and the acquisition, installation, modification, renova-
tion, rehabilitation, or furnishing of fixtures, machinery,
equipment, furniture, and other property of any nature used
in or in connection with any such building, structure, or other
improvement, all for the essential public purposes herein. A
project may be for any industrial, commercial, business,
office, public, or other use, provided that the Authority
determines, by a resolution duly adopted, that the project and
such use thereof would further the public purpose of the
Authority.
(B) The word projects or project shall also include
any project as defined by the Act known as the Development
Authorities Law, approved March 28,1969 (Ga. Laws 1969,
p. 137), as amended and as said law may hereafter be
amended, and shall further be deemed to mean and include
the acquisition, construction, improvement or modification of
any property, real or personal, which shall be suitable for or
used as a hotel or motel, or hotel and motel, providing lodging
for transient guests for overnight accommodations, provided
that such property and facilities shall be determined by the
Authority to be acquired, constructed, improved, or modified,
in connection with the development and promotion of the
constitutional purposes of the Authority.
(C) Every project consisting of any public facility may,
in every case, include all improvements consisting of neces-
sary or useful furnishings, machinery, equipment, landscap-
ing, site preparation, roads, streets, sidewalks, water supply,
outdoor lighting, and improvements for the use of commer-
cial, trade, business, governmental, or administrative under-
takings for lease to other public or private entities, provided
such enumerated improvements shall be determined by the
Authority to be necessary or useful to the project and shall be
GEORGIA LAWS 1981 SESSION
4043
necessary or useful for the accomplishment of one or more of
the constitutional purposes of the Authority and for the
financing of the project.
(2) The term cost of project as used in said constitutional
amendment shall include the term cost of project as defined by
the Act known as the Development Authorities Law, approved
March 28, 1969 (Ga. Laws 1969, p. 137), as amended and as said
law may hereafter be amended.
(3) The powers of the Authority are expanded and further
defined to include all powers necessary or helpful to undertake
and deal with those projects and those costs of projects covered by
this Act in the same manner as other projects and costs of projects
which the Authority is authorized to undertake and deal with.
(4) Notwithstanding any other provision of this Act, the
right or power of condemnation conferred upon the Authority may
be exercised only:
(A) With the approval of the mayor and aldermen of
the City of Savannah by a majority vote after providing notice
in the manner required in Section 3 (1) hereof; and
(B) In the manner and for the purposes for which said
power may be exercised by the mayor and aldermen of the
City of Savannah under other applicable provisions of
Georgia law, or the provisions of that constitutional amend-
ment appearing at Ga. Laws 1974, p. 1738, as it existed prior
to this amending Act.
Section 3. The powers of the Authority are subject to the
limitations herein provided:
(1) Amount of bonded indebtedness. The Authority shall
have no power to create or increase bonded indebtedness when the
aggregate bonded indebtedness of the Authority exceeds or would
thereby exceed $25 million without the express approval of the
mayor and city council. Such approval may be given only after
application therefor has been made to the city council and upon
two readings of said application at open sessions of regularly
scheduled council meetings not closer than seven days apart. At
the second reading of said application opportunity shall be given
4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the city council for full public discussion and debate. Notice of
said application shall be published in the legal organ of Chatham
County not more than ten nor less than three business days prior
to the first reading.
(2) Public notice required. For every bond issue there shall
be a notice of the Authoritys intention to issue the same pub-
lished in the legal organ not less than ten days prior to the
approval of such issue. Not less than seven days prior to the
approval of said issue the Authoritys intention shall be
announced at a regularly scheduled open session of the city
council.
(3) Full disclosure of all costs. The Authority shall within
30 days of the finalizing of all contracts, agreements, and memo-
randa of closing provide to each member of the Authority an
itemized report of all costs incurred for any bond issue; all
payments of fees; and all direct and all indirect remuneration,
compensation, or the like to all persons involved in said bond
issue.
Section 4. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall result in all other sections, subsec-
tions, sentences, clauses, and phrases being declared invalid. The
General Assembly hereby declares that it would not 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 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 Apply for Local Legislation.
Notice is hereby given that pursuant to Section 31, Ga. Laws 1974,
Page 1738 there will be introduced at the regular 1981 Session of the
General Assembly of Georgia a bill to amend the Downtown
Savannah Authority and for other purposes.
GEORGIA LAWS 1981 SESSION
4045
James B. Blackburn,
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bobby Phillips who, on oath, deposes
and says that he/she is Representative from the 125th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Savannah Evening Press which is the
official organ of Chatham County, on the following dates: January 3,
10,17,1981.
/s/ Bobby Phillips
Representative,
125th District
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BERRIEN COUNTYSMALL CLAIMS COURT CREATED.
No. 374 (House Bill No. 909).
AN ACT
To create and establish a Small Claims Court of Berrien County;
to provide for the appointment, duties, powers, compensation, quali-
fications, substitutions, and tenure of office of the judge of any such
small claims court; to prescribe the jurisdiction, the pleading, prac-
tice, and service of processes therein; to provide for a clerk and to
prescribe his duties and remuneration; to provide for paraphernalia
for such court; to validate acts and proceedings therein; to provide the
effective date hereof; to provide for one or more bailiffs of and for said
small claims court; to standardize and fix the monetary limits of such
court in conformity with preexisting small claims courts of this state;
to provide for the procedure and practice in garnishments, in the
issuing of executions from said court, and in the trial of claim cases
and illegalities instituted by third parties; to fix, clarify, and make
certain the provisions as to costs in certain cases; to enable the county
commissioners to provide adequate and suitable quarters, facilities,
and accommodations for transacting the business of said court and to
provide such additional personnel as in their judgment such court
may require; to provide for the continuation of certain processes,
actions, suits, and cases; to provide for other matters relative to the
foregoing; to provide for legislative intent; to provide for severability;
to provide an effective date; to provide for conditions for 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 and established a small
claims court in and for Berrien County. Such court shall have civil
jurisdiction in all cases ex contractu and ex delicto in which the
principal amount of 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 Berrien County; and such jurisdiction shall include the power to
issue writs of garnishment, attachments, petitions for writ of posses-
sion, petitions for dispossessory proceeding and, in addition to the
powers herein specifically granted, also the powers granted to justices
of the peace by the Constitution and laws of the State of Georgia.
GEORGIA LAWS 1981 SESSION
4047
Section 2. (a) Any person appointed as judge of the small claims
court created by this Act must be a resident of Berrien County, be at
least 25 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 20 years of age and must be
residents of the county.
(c) The judge now serving as the small claims court was previ-
ously constituted shall continue to serve as judge of this court for the
remainder of the four-year term for which he was appointed, said
term ending January 1,1983. For the term beginning January 1,1983,
the judge of the superior court shall appoint and commission a citizen
of the county duly qualified under subsection (a) of this section to
serve as judge of said court for a four-year term ending January 1,
1987. All terms thereafter will be for four years and until a successor
is appointed and qualified. All appointments for any unexpired term
shall be made by the judge of the superior court.
Section 3. Whenever the judge of the small claims court shall be
disqualified in any case or unable to serve because of absence,
sickness, or other causes, he shall appoint a qualified, fair, and
impartial citizen who is a resident of the county, preferably an
attorney at law or someone reasonably knowledgeable in legal pro-
ceedings, to perform such duties, and hear and determine all such
matters as may be submitted to him, and to be substituted in all
respects in the place and stead, and in the matter aforesaid, of the
judge so unable to act.
Section 4. Any duties herein prescribed to be performed by the
clerk of a small claims court may be performed by the judge thereof,
although the judge may appoint a person to act as clerk, said clerk to
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-
ant, in clear and concise form and free from technicalities. The
plaintiff or his agent shall verify the statement of claim by oath or
4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
affirmation in the form herein provided, or its equivalent, and shall
affix his signature thereto. The judge or clerk may, at the request of
any individual, prepare the statement of claim and other papers
required to be filed in an action.
(b) A copy of the verified statement, 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 may be made in
Berrien County by an officer or person authorized by law to serve
process in superior courts, by a duly qualified small claims court
bailiff, by registered or certified mail with a return receipt, or by any
private individual not a party to or otherwise interested in the suit
especially appointed by the judge 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,
verification, and 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 on the record the
date and hour of mailing. When a receipt therefor is returned, 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 case; and it
shall be prima-facie evidence of service upon the defendant.
(d) When served by a private individual, as above provided, he
shall make proof of service by affidavit, showing the time and place of
such service on the defendant.
(e) When served as provided, the cost of service shall be taxable
as costs. The cost of service in the sum of $10.00 shall be advanced by
the party demanding same, in addition to the filing fee hereinafter
provided, and shall be taxed as other costs. When service is per-
formed by the sheriff, he shall be entitled to his regular fee, which at
the present time is $15.00.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, the plaintiff shall be required to present proof of his
claim.
GEORGIA LAWS 1981 SESSION
4049
(g) Said notice shall specify the day and hour of the hearing,
which date shall not be less than ten nor more than 35 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 shall be
indicated every proceeding and ruling had in the case.
Section 8. The plaintiff, when he files his claim, shall advance
and deposit with the court a filing fee in the sum of $15.00 which shall
cover all costs of the proceedings, except cost of service of notice as
provided hereinabove in subsection (e) of Section 6. The same filing
fee and costs shall also apply in cases of attachment, foreclosure on
personalty, writ of possession, dispossessory proceedings, possessory
warrants, trover, garnishment, and all other actions which require
essentially the same procedures for filing, docketing, issuing, serving
notice, setting hearings, rendering judgments, and issuing fi. fas. or
orders. In all other matters not specifically mentioned or provided for
herein, the cost shall be the same as now or hereafter provided by the
laws of Georgia for justices of the peace. If a party shall fail to pay the
accrued cost, the judge shall have the power to deny said party the
right to file any new cases while such cost remains 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. When a case involves more than one party defend-
ant, an additional filing fee not to exceed $5.00 may be required.
Section 9. (a) On the day set for the hearing or at such later time
as the judge may set, the trial shall be conducted. 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 the 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; and all rules and regulations relating to pleading,
practice, and procedure shall be liberally construed so as to adminis-
ter justice.
4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) In cases of attachment, garnishment, and trover, the legal
grounds thereof shall be as now or hereafter provided by law and the
pleading and practice in such cases shall be substantially the same as
required in courts of justices of the peace; and no formal declaration
in attachment shall be required.
(d) If the plaintiff fails to appear, the case 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 dictate.
Section 10. If any defendant has any claim against the plaintiff,
the judge may require a statement or setoff to be filed or same may be
waived. If the plaintiff requires time to prepare his defense against
such claim, the judge may in his discretion 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. 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 issue 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 a fee of $10.00 for every such claim case. The same
practice and procedure shall apply in cases of affidavits of illegality.
All attachment proceedings shall be tried by the judge and without a
jury.
Section 12. When a judgment is to be rendered and the party
against whom it is to be rendered requests permission to pay in
installments, 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.
GEORGIA LAWS 1981 SESSION
4051
Section 13. The judge of such small claims court shall not be
obligated to collect such deferred partial payments on judgments so
rendered but, if the plaintiff so requests or consents, he may do so at
the expense of the plaintiff for clerical and accounting costs not to
exceed 10 percent of the amounts collected.
Section 14. The judges of the superior court presiding in Berrien
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, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof. All such rules made by
the judge of the superior court shall be placed in a special book for
that purpose which is to be kept by the judge of the small claims
court.
Section 15. The judge of such court shall have power to appoint
one or more bailiffs of and for said small claims court to act within
and throughout the limits of Berrien County, such bailiffs to serve at
the pleasure of the judge and under his direction; and a person so
appointed shall be known and designated as small claims court
bailiff and have the powers and authority and be subject to the
penalties of all lawful constables of the State of Georgia, including the
power to serve any and all processes and writs issued from or by said
small claims court with the power also to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment
as such, take and subscribe the oath of office as prescribed in Code
Section 24-804 and give the bond prescribed in Code Section 24-811
of the Code of Georgia; and such bailiffs shall be subject to be ruled
for failure 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 all papers issued by the small claims
court, make levies, and conduct sales.
Section 16. Said small claims court shall not necessarily have
designated terms at stated periods; the judge thereof, or the clerk if he
so authorizes, shall in each instance set dates for all hearings and
trials in every kind of case and also designate the times when
attachments and executions are returnable; provided, however, that
all garnishment proceedings shall be conducted in accordance with
Georgia Code Title 46, relating to garnishment, as now or hereafter
amended. A summons of garnishment shall be served on the gar-
4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nishee and a copy of same on the judgment debtor in accordance with
the above-referenced Code section.
Section 17. A summons of garnishment may be served by the
sheriff or his deputies or by a lawful constable or by a small claims
court bailiff; or it may be served by registered or certified mail,
provided such service by mail is evidenced by a properly signed return
receipt, which receipt shall be attached to the original garnishment
affidavit or the writ of attachment. Whenever served in person by a
court officer as aforesaid, such officer shall enter his return of service
either on the back of the summons of garnishment or the affidavit or
in the place provided for such entry of service. The same requirement
for entry of service shall apply in attachment cases. However, such
entry of service may be made on a separate paper and attached to
such garnishment affidavit or writ of attachment, as the case may be.
Section 18. All cases in the small claims court shall be heard and
determined by the judge of said court and without the benefit of jury
trial. Any party dissatisfied with the judgment rendered by the judge
of the small claims court shall have the right and privilege to appeal
the case to the superior court to be determined by a jury as provided
for in Section 21 of this Act.
Section 19. The judge of the small claims court shall have the
power to impose fines of not more than $50.00 or imprison for not
longer than three days any person guilty of contempt of said court,
such fines to be paid into the county treasury or depository for county
purposes.
Section 20. Judgments of small claims courts shall become a lien
on the real estate and personal property of a defendant from the time
of the filing in the office of the clerk of the superior court for said
county of an execution based upon such judgment and at the time the
entry thereof is made by the clerk in the general execution docket for
said county.
Section 21. (a) Appeals may be had from judgments rendered in
the small claims court to the superior court by the party desiring to
appeal. The dissatisfied party desiring the appeal shall first notify the
small claims court in writing of his intention to appeal within ten days
after the rendering of the judgment. The appellant shall pay all court
costs then due the small claims court, plus $10.00 for entering said
appeal, making copies, and transmitting the original suit, motions,
and supporting documents to the clerk of the superior court.
GEORGIA LAWS 1981 SESSION
4053
(b) The formal appeal must be filed with the small claims court
within 30 days from the entering of the judgment in said court. The
written appeal shall include the name and number of the case in the
small claims court and shall state the grounds for appeal. A copy of all
such appeals filed in the superior court shall be served upon the
opposite party, or his attorney, filing the appeal. The means of
serving the opposite party shall be by handing a copy to him person-
ally, or by mailing a copy of the same to him in an envelope properly
addressed and carrying sufficient postage for the delivery thereof. At
the time of filing said appeal, the appellant or his attorney shall
attach a certificate to the appeal showing how the service was made
on the opposite party.
(c) Either party shall have the right to file and have heard by the
superior court judge any motions which are authorized by the
Georgia Civil Practice Act after the appeal is docketed in the
superior court. Cases thus appealed from the small claims court may
be tried by a jury in the superior court, and, if so, the jury shall consist
of six persons chosen from 12 veniremen, the plaintiff and the
defendant having three strikes each.
(d) The appeal shall be accompanied by a deposit in the amount
of $75.00 payable to the clerk of the superior court. The case shall
then be filed and given a superior court number. The $75.00 deposit
shall be used and accounted for as follows: (1) to pay the legal library
fee of $2.00; (2) to pay the prevailing filing fee for the superior court
clerk. The remainder shall be transmitted to the county treasury by
the superior court clerk to help defray the expenses of the court.
(e) If the case is settled, withdrawn, or dismissed, that portion of
the deposit, except the legal library fee of $2.00 and the superior court
clerks filing fee, which would otherwise be transmitted to the county
treasury, shall be refunded to appellant. If the final judgment is in
favor of the appellant, all court costs advanced by appellant may be
recoverable and included in the superior court judgment.
(f) All costs shall be paid by appellant within 30 days from the
date of judgment in the small claims court or the appeal shall be
dismissed by the judge of the superior court.
(g) Either party shall have the right to appeal to higher court in
the same manner as other decisions of the superior court are
appealed.
4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 22. Until otherwise provided by rules of court, the
statement of claims, 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 or process now provided by
law:
Small Claims Court of Berrien County
Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
GEORGIA LAWS 1981 SESSION
4055
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 $______________, 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 Berrien County
(Seal).
4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 23. All acts performed by the judge or clerk and all
proceedings before the Small Claims Court of Berrien County are
hereby validated and all judgments and executions therein or there-
from shall run and be enforceable throughout this state.
Section 24. No time served as judge of said small claims court
shall count toward any retirement as a judge of a superior court.
Section 25. (a) All supplies and paraphernalia, forms, docket
books, file jackets, filing cabinets, and the like required by this Act in
the proper operation of a small claims court shall be furnished by the
county commissioners upon requisition of the judge of such court.
(b) The Berrien County Commissioners shall provide adequate
and suitable quarters, facilities, and accommodations for transacting
the business of such court; and they may provide such additional
personnel as in their judgment the court may from time to time
require.
(c) An additional fee of $2.00 shall be taxed as cost for each case
filed in the small claims court, said fee to be transmitted to the county
treasury to help defray the expenses incurred by the county in the
operation of said court.
Section 26. All mesne and final processes and all actions, suits,
and cases which are pending in the small claims court in Berrien
County, as it exists on the effective date of this Act shall be continued
and shall be the same in the Small Claims Court of Berrien County
which is created by this Act.
Section 27. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Berrien County. It is the further
intent of the General Assembly that the court created by this Act
shall be a continuation of the heretofore small claims court in Berrien
County, as created by an Act approved April 4,1963 (Ga. Laws 1963,
p. 2933), as amended, which court shall stand abolished by action of
the General Assembly effective July 1,1981.
GEORGIA LAWS 1981 SESSION
4057
Section 28. 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 uncon-
stitutional 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. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in each county in this
State having a population of not less than 11,775 and not more than
12,100 according to the U. S. Decennial Census of 1960 or any future
such census, and including the Counties of Berrien and Cook; provid-
ing for the appointment, duties, powers, compensation, qualifica-
tions, substitutions and tenure of office of the judge of any such Small
Claims Court; prescribing the jurisdiction, the pleading, practice and
service of processes therein; providing for a clerk and prescribing his
duties and remuneration; providing for paraphernalia for such courts;
validating acts and proceedings therein; providing the effective date
hereof; to provide for one or more bailiffs of and for said small claims
court; to standardize and fix the monetary limits of such courts in
conformity with preexisting small claims courts of this State; to
provide for the procedure and practice in garnishments, in the issuing
executions from said courts, and in the trial of claim cases and
illegalities instituted by third parties; to fix, clarify and make certain
the provisions as to costs in certain cases; to enable the county
commissioners to provide adequate and suitable quarters, facilities
and accommodations for transacting the business of said courts and
to provide such additional personnel as in their judgment such courts
may require; to repeal conflicting laws; and for other purposes.,
approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended by an
Act approved March 10, 1964 (Ga. Laws 1964, p. 2528), and an Act
approved March 19, 1974 (Ga. Laws 1974, p. 2220); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes., does not pass the 1981
session of the General Assembly and is not signed by the Governor or
does not become law without his signature, this Act shall be null and
void and shall stand repealed in its entirety.
234
4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 30. 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
1981 session of the General Assembly of Georgia a bill amending the
1963 Small Claims Court Act, or a bill re-creating and establishing the
Small Claims Court of Berrien County, to provide for other matters
relating to the Small Claims Court of said county, and for other
purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Edmond Lewis Perry 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 Intro-
duce Local Legislation was published in the Berrien Press which is
the official organ of Berrien County, on the following dates: January
15,22,29,1981.
/s/ Edmond Lewis Perry
Representative,
146th District
Sworn to and subscribed before me,
this 25th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4059
TROUP COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 375 (House Bill No. 912).
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), an
Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), and an Act
approved March 18,1980 (Ga. Laws 1980, p. 3530), so as to increase
the compensation of said 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 Troup
County, approved March 25, 1958 (Ga. Laws 1975, 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), an
Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), and an Act
approved March 18,1980 (Ga. Laws 1980, p. 3530), is hereby amended
by striking from subsection (a) of Section 7 the following:
$4,800.00,'
and inserting in lieu thereof the following:
$6,000.00,
so that when so amended, subsection (a) of Section 7 shall read as
follows:
4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) The Chairman of the Board of Commissioners shall be
compensated in the amount of $6,000.00 per annum payable in equal
monthly installments from the funds of Troup County.
Section 2. Said Act is further amended by striking from subsec-
tion (b) of Section 7 the following:
$3,600.00,
and inserting in lieu thereof the following:
$4,800.00,
so that when so amended, subsection (b) of Section 7 shall read as
follows:
(b) The members of the Board of Commissioners, other than
the Chairman, shall be compensated in the amount of $4,800.00 per
annum payable in equal monthly installments from the funds of
Troup 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
1981 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, (Georgia laws 1958 p. 3068), as amended, so as to
change certain provisions relating to compensation and for other
purposes.
GEORGIA LAWS 1981 SESSION
4061
Georgia, Troup County.
Before me personally appeared Glen 0. 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 Sheriffs 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: Feb. 6,13,
16,1981.
/s/ Glen 0. Long
Publisher
Sworn and subscribed before me,
this 17th day of February, 1981.
/s/ Thelma A. Ledford
Notary Public, Troup County.
(Seal).
Approved April 6,1981.
CHATTOOGA COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 376 (House Bill No. 915).
AN ACT
To amend an Act creating the office of Chattooga County tax
commissioner, approved March 21,1968 (Ga. Laws 1968, p. 2492), as
4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, so as to change the compensation of the tax commissioner;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Chattooga County tax
commissioner, approved March 21,1968 (Ga. Laws 1968, p. 2492), as
amended, is hereby amended by striking in its entirety Section 3 and
inserting in its place a new Section 3 to read as follows:
Section 3. (a) The compensation of the Chattooga County tax
commissioner shall be determined as follows:
(1) The tax commissioner shall receive an annual base
salary equal to the state minimum salary as computed under the
provisions of an Act providing minimum salaries for tax collectors
and tax commissioners approved March 31,1976 (Ga. Laws 1976,
p. 988), as amended, or any general law hereafter enacted for the
same purposes.
(2) (A) In addition to the base salary provided in paragraph
(1) of this subsection, the tax commissioner shall also receive
a commission of 1 percent on all county, county bond, school,
and school bond taxes collected by him which collections are
in excess of 90 percent of the total of taxes due according to
the tax net digest for each such category of taxes.
(B) Any and all other commissions on school taxes
authorized by general law shall be paid over to the county
governing authority.
(3) In addition to the amounts provided by paragraphs (1)
and (2) of this subsection, the tax commissioner in office on the
effective date of this paragraph shall also receive a commission of
1 percent on all county, county bond, school, and school bond
taxes collected by him which taxes became delinquent before he
took office.
GEORGIA LAWS 1981 SESSION
4063
(b) The compensation fixed by subsection (a) shall be paid in
lieu of all fees, costs, fines, and perquisites of whatever kind hereto-
fore received. Except as provided in subsection (a), all fees, costs,
fines, and other perquisites of whatever kind as are now or may
hereafter be allowed by law to be received or collected by the tax
commissioner shall be collected by him for the sole use of Chattooga
County and shall be the property of Chattooga County. Such funds
shall be held as public funds belonging to Chattooga County and shall
be accounted for and paid to the fiscal authority of Chattooga County
by the fifteenth day of every month for the immediately preceding
month. It is specifically provided that the tax commissioner of
Chattooga County shall not be entitled to receive commissions on the
sale of motor vehicle license plates by local tax officials, notwith-
standing 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 commissioner.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the office of tax commissioner of Chattooga County,
approved March 21, 1968 (Ga. Laws 1968, p. 2492), as amended; to
repeal conflicting laws; and for other purposes.
This 26th day of January, 1981.
John G. Crawford
4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: February,
12,19, 26,1981.
/s/ John G. Crawford
Representative,
5th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
COMPENSATION OF ELECTED OFFICIALS IN
CERTAIN COUNTIES (145,000 - 165,000)
(171,000 - 181,000).
No. 377 (House Bill No. 916).
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,
GEORGIA LAWS 1981 SESSION
4065
1976 (Ga. Laws 1976, p. 3155), as amended, particularly by an Act
approved March 21,1980 (Ga. Laws 1980, p. 3723), so as to change the
salaries of certain officials in said counties; to prohibit certain offi-
cials from engaging in the private practice of law; to provide for an
automatic repeal of certain provisions; to provide for the applicability
of other laws; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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, particularly by an Act
approved March 21,1980 (Ga. Laws 1980, p. 3723), is hereby amended
by striking Section 1 of said Act in its entirety and substituting in lieu
thereof a new Section 1 to read as follows:
Section 1. (a) (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............................... $1,967.70
judge of probate court................................ $2,358.40
tax commissioner...................................... $2,225.22
judge of state court.................................. $3,208.33
solicitor of state court.............................. $1,495.20
coroner............................................... $1,200.00
judge of civil court.................................. $2,416.66
associate judge of civil
4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
court............................................. $2,250.00
chairman, board of commissioners.................... $ 783.33
county commissioners................................ $ 583.33
district attorney................................... $ 657.30
judges of the superior
court............................................. $ 890.65
sheriff............................................. $2,575.65.
Provided, however, that the judge of the state court and the
associate judge of the civil court shall not be permitted to engage
in the private practice of law.
(2) Effective on the date the United States Bureau of the
Census publishes the advance report which contains the final
population figures for the 1980 census, paragraph (1) of this
subsection shall be null and void and shall stand repealed in its
entirety.
(b) Effective on the date the United States Bureau of the Census
publishes the advance report which contains the final population
figures for the 1980 census, in all counties of this state having a
population of not less than 171,000 nor more than 181,000 according
to the 1980 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................................$1,967.70
judge of probate court.................................$2,358.40
tax commissioner.......................................$2,225.22
judge of state court...................................$3,208.33
solicitor of state court...............................$1,495.20
coroner................................................$1,200.00
judge of civil court...................................$2,416.66
associate judge of civil court........................$2,250.00
chairman, board of commissioners $ 783.33
county commissioners........................ $ 583.33
district attorney.......................................$ 657.30
judges of the superior court............................$ 890.65
sheriff...............................................$2,575.65.
GEORGIA LAWS 1981 SESSION
4067
Provided, however, that the judge of the state court and the
associate judge of the civil court shall not be permitted to 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.
Approved April 6,1981.
JONES COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 378 (House Bill No. 918).
AN ACT
To amend an Act creating and establishing the Small Claims
Court of Jones County, approved March 21,1974 (Ga. Laws 1974, p.
2573), so as to change the jurisdiction of said court; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing the Small Claims
Court of Jones County, approved March 21,1974 (Ga. Laws 1974, p.
2573), is hereby amended by striking from Section 1 the figure
500.00 in its entirety and inserting in lieu thereof the figure
1,500.00, so that Section 1, when so amended, shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court for Jones County, Georgia, to be known as the Small
Claims Court of Jones County, which court shall have civil jurisdic-
tion in cases ex contractu in which the demand or value of the
4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 laws of the State of Georgia.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act Creating and Establishing the Small Claims Court of Jones
County, approved March 21st, 1974 (Ga. Laws 1974, Page 2573) so as
to change the jurisdiction of said court; and for other purposes.
This 9th day of January 1981.
Benson Ham
Representative,
80th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Benson Ham who, on oath, deposes
and says that he/she is Representative from the 80th 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: February 12,
19,26,1981.
GEORGIA LAWS 1981 SESSION
4069
/s/ Benson Ham
Representative,
80th District
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF STONE MOUNTAINJURISDICTION OF
POLICE COURT.
No. 379 (House Bill No. 921).
AN ACT
To amend an Act creating a new charter and a municipal govern-
ment for the City of Stone Mountain, approved August 21,1929 (Ga.
Laws 1929, p. 1309), as amended, so as to change the jurisdiction of
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 new charter and a municipal
government for the City of Stone Mountain, approved August 21,
1929 (Ga. Laws 1929, p. 1309), as amended, is hereby amended by
striking Section 26 in its entirety and inserting in lieu thereof a new
Section 26 to read as follows:
4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 26. Be it further enacted, that there shall be, and the
same is hereby established, in the City of Stone Mountain, a court to
be known and designated as the police court of the City of Stone
Mountain. The jurisdiction of said court shall extend over all
violations of the laws and ordinances of said city and all others of
which municipalities are allowed jurisdiction under the laws of the
State of Georgia, whenever said violations and offenses are commit-
ted within the corporate limits of the City of Stone Mountain. The
sessions of said court shall be held and presided over by the mayor or
the mayor pro tern., or by the city recorder in the event the mayor and
council shall see fit to create such office as hereinafter provided, at
the city-hall building in the City of Stone Mountain, or at such other
place in said city as the mayor and council may direct, daily or at such
times as in the judgment of the presiding officer of said court may be
necessary. Said mayor, or mayor pro tern., or the recorder, shall have
the power and authority to try all offenses and violations against the
laws and ordinances of said city, committed within the corporate
limits thereof, and, upon conviction, to punish offenders by a fine not
exceeding five hundred dollars, by imprisonment in the city jail or
guard-house, or by compulsory work not exceeding ninety days, on
the streets of the City of Stone Mountain, or upon any of the public
works of said city as the presiding officer of said court may direct.
Any or all of the above punishments may be inflicted in the discretion
of the mayor, or the mayor pro tern., or the recorder, as the case may
be, presiding in said court. And such presiding or trial officer shall
have the authority to impose any of the above punishments in the
alternative. Whenever any person is convicted and sentenced to pay a
fine or to work upon the streets of said city or other public works
thereof, and fails or refuses to pay said fine, the collection thereof
shall be enforced by execution, levy, and sale in the same way and
manner as the collection of taxes is enforced in said city.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Legal Legislation.
Notice is hereby given that there will be introduced at the 1981
Regular Session of the General Assembly of Georgia, a bill to amend
an act incorporating the City of Stone Mountain approved August 5,
1929 (Georgia Laws 1929 Page 1309), so as to change jurisdiction of
the Recorders Court; and for other purposes.
GEORGIA LAWS 1981 SESSION
4071
This 6th day of February 1981.
Cas Robinson
State of Georgia
County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of 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 Stone Mountain, Jurisdiction
of Recorders Court, (Local Legislation) a true copy of which is hereto
annexed, was published in said newspaper in its issue of the 12, 19,
26th day of February, 1981.
/s/ Gerald W. Crane,
Co-publisher
(by) Linda L. Orr,
Agent
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Samme Johnson
Notary Public, Georgia State at Large.
My commission expires Jan. 4, 1982.
(Seal).
Approved April 6,1981.
4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BALDWIN COUNTYDISPOSAL SITES OF HAZARDOUS
WASTES, REFERENDUM.
No. 380 (House Bill No. 924).
AN ACT
To amend an Act creating the Board of Commissioners of Baldwin
County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as
amended, so as to provide for an advisory referendum regarding the
location in Baldwin County of a site or facility for the handling or
disposal of hazardous wastes; 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
Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p.
286), as amended, is hereby amended by adding immediately after
Section 9 thereof a new Section 9.1 to read as follows:
Section 9.1. (a) It is the purpose of this Section to provide for an
advisory referendum within Baldwin County to determine whether or
not the voters of said county wish to have located in the county a site
or facility for the handling or disposal of hazardous wastes. The
results of this advisory referendum shall not be binding upon the
governing authority of Baldwin County.
(b) It shall be the duty of the election superintendent of Baldwin
County to issue the call for an advisory election for the purpose of
submitting to the voters of said county the question of whether or not
they wish to have located in the county a site or facility for the
handling or disposal of hazardous wastes. The superintendent shall
set the date of such election for the same date as the 1982 general
primary election. 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 Baldwin County. The ballot shall have written or
printed thereon the following:
[ ] YES - Should there be located in Baldwin
County a site or facility for the hand-
[ ] NO ling or disposal of hazardous wastes?
GEORGIA LAWS 1981 SESSION
4073
All persons desiring to vote for approval of the location in
Baldwin County of such sites or facilities shall vote Yes, and those
persons desiring to vote for disapproval shall vote No.
(c) It shall be the duty of the election superintendent of
Baldwin 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 Baldwin County. The expense of such election shall
be borne by Baldwin 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 Baldwin
County and is for a public purpose and an essential governmental
function for which public funds may be expended.
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 1981 Session of the General Assembly of Georgia, a bill to
amend an Act creating the Board of Commissioners of Baldwin
County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as
amended, so as to provide for an advisory referendum regarding the
location in Baldwin County of a site or facility for the handling or
disposal of hazardous wastes; to repeal conflicting laws; and for other
purposes.
4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 3rd day of Feb. 1981.
Bobby E. Parham
Representative,
109th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bobby E. Parham who, on oath,
deposes and says that he/she is Representative from the 109th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Union Recorder which is
the official organ of Baldwin County, on the following dates: February
6,13,20,1981.
/s/ Bobby E. Parham
Representative,
109th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4075
TATTNALL COUNTYCOMPENSATION OF BOARD
OF COUNTY COMMISSIONERS.
No. 381 (House Bill No. 926).
AN ACT
To amend an Act creating a board of commissioners for Tattnall
County, approved August 18, 1927 (Ga. Laws 1927, p. 674), as
amended, particularly by an Act approved April 17, 1973 (Ga. Laws
1973, p. 2957), so as to change the compensation of the chairman and
members of the 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 a board of commissioners for Tattnall
County, approved August 18, 1927 (Ga. Laws 1927, p. 674), as
amended, particularly by an Act approved April 17, 1973 (Ga. Laws
1973, p. 2957), is hereby amended by striking Section 15 in its entirety
and inserting in lieu thereof a new Section 15 to read as follows:
Section 15. The members of the board of commissioners shall
receive as their compensation a sum not to exceed $4,800.00 per
annum. The chairman shall receive as his compensation a sum not to
exceed $7,800.00 per annum. The members of the board and the
chairman shall be paid in equal monthly installments out of the funds
of Tattnall County. The chairman shall be authorized to employ a
secretary for his office and said chairman shall receive $1,200.00 per
annum for compensating such secretary. The said commissioners
may elect a clerk of said board whose duty it shall be to keep a record
of the actings and doings of the board at the courthouse in said
county, said records to be open to the inspection of any citizen of said
county at all times, if the same does not conflict with the meetings of
the board. The clerk shall perform such other duties as may be
assigned him by said board and shall keep all the books and records of
his office in a neat first-class and businesslike condition at all times.
Such clerk shall receive compensation for all his duties as such clerk
in the amount of $350.00 per month. Said clerk may be either a man
or woman. Said clerk before entering upon his duties shall give bond
with good security in a sum fixed by the commissioners, not less than
$2,500.00, payable to and approved by the commissioners, condi-
tioned for his faithful performance of all the duties of such clerk. Said
4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
commissioners before entering upon their duties as such shall take an
oath before the ordinary of said county for the faithful performance of
their duties.
Section 2. 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 Local Legislation intro-
duced in the 1981 Georgia General Assembly to change the compensa-
tion of County Commissioners and other purposes. This is to comply
with the unanimous Resolution passed by the Tattnall County Board
of Commissioners in Regular Session January 5,1981.
Frank McCall, Chairman
Tattnall County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/she is Representative from the 121st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Tattnall Journal which is the official
organ of Tattnall County, on the following dates: January 8, 15, 22,
1981.
/s/ Clinton Oliver
Representative,
121st District
GEORGIA LAWS 1981 SESSION
4077
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DADE COUNTYCOMPENSATION OF DEPUTY CLERK
OF SUPERIOR COURT.
No. 382 (House Bill No. 932).
AN ACT
To amend an Act placing the Dade County clerk of superior court
on an annual salary, approved April 10,1971 (Ga. Laws 1971, p. 3824),
as amended, particularly by an Act approved April 11,1979 (Ga. Laws
1979, p. 3969), so as to change the amount of the compensation of the
deputy clerk of superior court and the manner of fixing said salary; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Dade County clerk of superior
court on an annual salary, approved April 10,1971 (Ga. Laws 1971, p.
3824), as amended, particularly by an Act approved April 11, 1979
(Ga. Laws 1979, p. 3969), is hereby amended by striking from Section
4 the following:
$5,000.00 to be determined by the governing authority of the
county,
4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in its place the following:
$7,200.00 to be determined by the clerk of superior court,
so that when so amended said Section 4 shall read as follows:
Section 4. The clerk of the superior court shall have the
authority to appoint a deputy clerk, who shall receive an annual
salary not to exceed $7,200.00 to be determined by the clerk of
superior court, payable in equal monthly installments. 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 who shall
be employed as his deputy, and to prescribe his duties and assign-
ments, and to remove or replace any such employee at will and within
his sole discretion.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the Clerk of the Superior Court of Dade County on an
annual salary, approved April 10,1971 (Georgia Laws 1971, p. 3824),
as amended; and for other purposes.
This 20th day of November, 1980.
Wayne Snow
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,
GEORGIA LAWS 1981 SESSION
4079
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 11,18,
25,1981.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DADE COUNTYCOMPENSATION OF PROBATE COURT
DEPUTIES AND CLERKS.
No. 383 (House Bill No. 933).
AN ACT
To amend an Act placing the Dade County probate judge on an
annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2390), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 3225), so as to change the amount of and the manner of fixing
the compensation of the deputies and clerks of the Dade County
probate judge; to repeal conflicting laws; and for other purposes.
4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Dade County probate judge on an
annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2390), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 3225), is hereby amended by striking in its entirety Section 6
which reads as follows:
Section 6. The Judge of the Probate Court of Dade County may
employ deputies and clerks for said office, but none of such deputies
or clerks shall be paid out of county funds, except that the Commis-
sioner of Dade County shall on or before the 10th day of each month
reimburse said Judge of the Probate Court out of county funds for
such sums as he may have paid out for hire of such deputies or clerks
during the previous calendar month, upon presentation of statement
thereof, provided, however, that such sums shall in no event exceed
$6,000.00 in any calendar year.,
and inserting in its place a new section to read as follows:
Section 6. The Dade County probate judge may employ deputies
and clerks who shall not be paid out of county funds except that on or
before the tenth day of each month the Dade County commissioner
shall reimburse the probate judge out of county funds for such sums
as he may have paid out for the hire of such deputies or clerks during
the previous calendar month. Such sums shall not, however, exceed a
total of $7,200.00 in any calendar year; and the probate judge shall
determine the amount of such sums up to said maximum.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the Judge of the Probate Court of Dade County on an
annual salary, approved March 9,1959 (Georgia Laws 1959, p. 2390),
as amended; and for other purposes.
GEORGIA LAWS 1981 SESSION
4081
This 20th day of November, 1980.
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 Dade County Sentinel which is the
official organ of Dade County, on the following dates: February 11,18,
25,1981.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT.
No. 384 (House Bill No. 934).
AN ACT
To amend an Act placing the judge of the Probate Court of Tift
County upon a salary in lieu of a fee basis, approved March 24,1965
(Ga. Laws 1965, p. 2541), as amended, particularly by an Act
approved March 30,1977 (Ga. Laws 1977, p. 4475), so as to authorize
the board of commissioners of Tift County to fix the salary of the
judge of the Probate Court of Tift County; to provide for minimum
and maximum limits; to provide the procedures connected therewith;
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 Tift
County upon a salary in lieu of a fee basis, approved March 24,1965
(Ga. Laws 1965, p. 2541), as amended, particularly by an Act
approved March 30,1977 (Ga. Laws 1977, p. 4475), 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 not less than $13,700.00 and not more than $18,500.00, the
exact amount to be determined by the board of commissioners of Tift
County, payable in equal monthly installments out of the funds of
Tift County. The board of commissioners shall fix the salary of the
judge of the probate court in April, 1981, for the remainder of 1981,
and at their regular meeting in December in 1981 and each year
thereafter for the succeeding calendar year.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to amend existing laws regarding the
GEORGIA LAWS 1981 SESSION
4083
compensation of the Judge of the Probate Court of Tift County, and
for other purposes.
Reinhardt, Whitley
& Rogers, P. C.
Attorneys for Tift County
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: January 10,17,24,1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 23rd day . of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 385 (House Bill No. 935).
AN ACT
To amend an Act placing the tax commissioner of Tift County
upon a salary, approved March 24, 1965 (Ga. Laws 1965, p. 2705), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 4088), so as to authorize the board of commissioners of Tift
County to fix the salary of the tax commissioner of Tift County; to
provide for minimum and maximum limits; to provide the procedures
connected therewith; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the tax commissioner of Tift County
upon a salary, approved March 24, 1965 (Ga. Laws 1965, p. 2705), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 4088), 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
not less than $14,910.00 and not more than $19,500.00, the exact
amount to be determined by the board of commissioners of Tift
County, payable in equal monthly installments out of the funds of
Tift County. The board of commissioners shall fix the salary of the
tax commissioner in April, 1981, for the remainder of 1981, and at
their regular meeting in December in 1981 and each year thereafter
for the succeeding calendar year.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to amend existing laws regarding the
compensation of the Tax Commissioner of Tift County, and for other
purposes.
GEORGIA LAWS 1981 SESSION
4085
Reinhardt, Whitley
& Rogers, P. C.
Attorneys for Tift County
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: January 10, 17 and 24,
1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT.
No. 386 (House Bill No. 936).
AN ACT
To amend an Act placing the clerk of the Superior Court of Tift
County upon a salary in lieu of a fee basis of compensation, approved
March 24,1965 (Ga. Laws 1965, p. 2608), as amended, particularly by
an Act approved March 30, 1977 (Ga. Laws 1977, p. 4474), so as to
authorize the board of commissioners of Tift County to fix the salary
of the clerk of the Superior Court of Tift County; to provide for
minimum and maximum limits; to provide the procedures connected
therewith; 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 Tift
County upon a salary in lieu of a fee basis of compensation, approved
March 24,1965 (Ga. Laws 1965, p. 2608), as amended, particularly by
an Act approved March 30,1977 (Ga. Laws 1977, p. 4474), 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 shall receive an annual
salary of not less than $15,000.00 and not more than $19,500.00, the
exact amount to be determined by the board of commissioners of Tift
County, payable in equal monthly installments out of the funds of
Tift County. The board of commissioners shall fix the salary of the
clerk of the superior court in April, 1981, for the remainder of 1981,
and at their regular meeting in December in 1981 and each year
thereafter for the succeeding calendar year. The salary provided
herein shall be in addition to the salary received by the clerk of the
superior court for serving as the clerk of the State Court of Tift
County.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
4087
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to amend existing laws regarding the
compensation of the Clerk of the superior and state courts of Tift
County, and for other purposes.
Reinhardt, Whitley
& Rogers, P. C.
Attorneys for Tift County
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: January 10,17,24,1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTYCOMPENSATION OF CHAIRMAN OF
BOARD OF COMMISSIONERS.
No. 387 (House Bill No. 937).
AN ACT
To amend an Act creating a board of commissioners of Tift
County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 4086), so as to authorize the board of commissioners of Tift
County to fix the salary of the chairman of the board of commis-
sioners of Tift County; to provide for minimum and maximum limits;
to provide the procedures connected therewith; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Tift
County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 4086), is hereby amended by striking subsection (b) of
Section 4 in its entirety and inserting in lieu thereof a new subsection
(b) of Section 4 to read as follows:
(b) The chairman of the board of commissioners shall receive
an annual salary of not less than $18,000.00 and not more than
$22,000.00, the exact amount to be determined by the board of
commissioners of Tift County, payable in equal monthly installments
out of the funds of Tift County. The board of commissioners shall fix
the salary of the chairman in April, 1981, for the remainder of 1981,
and at their regular meeting in December in 1981 and each year
thereafter for the succeeding calendar year.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Legal Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to amend existing laws regarding the
GEORGIA LAWS 1981 SESSION
4089
compensation of the Chairman of the Board of Commissioners of Tift
County, and for other purposes.
Georgia, Fulton County.
Reinhardt, Whitley
& Rogers, P. C.
Attorneys for Tift 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: January 10, 17 and 24,
1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
235
4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTYCOMPENSATION OF SHERIFF.
No. 388 (House Bill No. 938).
AN ACT
To amend an Act placing the sheriff of Tift County on a salary
basis, approved March 24,1965 (Ga. Laws 1965, p. 2545), as amended,
particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p.
4084), so as to authorize the board of commissioners of Tift County to
fix the salary of the sheriff of Tift County; to provide for minimum
and maximum limits; to provide the procedures connected therewith;
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 Tift County on a salary
basis, approved March 24,1965 (Ga. Laws 1965, p. 2545), as amended,
particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p.
4084), 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 sheriff shall receive an annual salary of not less
than $19,600.00 and not more than $26,000.00, the exact amount to be
determined by the board of commissioners of Tift County, payable in
equal monthly installments out of the funds of Tift County. The
board of commissioners shall fix the salary of the sheriff in April,
1981, for the remainder of 1981, and at their regular meeting in
December in 1981 and each year thereafter for the succeeding calen-
dar year. The salary provided herein shall be in addition to the salary
received by the sheriff for serving as sheriff of the State Court of Tift
County.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to amend existing laws regarding the
compensation of the Sheriff of Tift County, and for other purposes.
GEORGIA LAWS 1981 SESSION
4091
Reinhardt, Whitley
& Rogers, P. C.
Attorneys for Tift County
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: January 10, 17 and 24,
1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHITFIELD COUNTYCOMPENSATION OF BOARD
OF COMMISSIONERS.
No. 389 (House Bill No. 941).
AN ACT
To amend an Act amending, revising, superseding, and consoli-
dating the laws pertaining to the governing authority of Whitfield
County and creating a Board of Commissioners for said county,
approved February 21, 1964 (Ga. Laws 1964, p. 2175), as amended,
particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p.
3455), so as to change the provisions relative to the compensation and
expense allowances 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 amending, revising, superseding, and consoli-
dating the laws pertaining to the governing authority of Whitfield
County and creating a Board of Commissioners for said county,
approved February 21, 1964 (Ga. Laws 1964, p. 2175), as amended,
particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p.
3455), is hereby amended by striking Section 10 in its entirety and
substituting in lieu thereof a new Section 10 to read as follows:
Section 10. Compensation and allowances, (a) Except as
otherwise provided by subsection (b) of this Section, members of the
Board of Commissioners, other them the Chairman, shall be compen-
sated in an amount not exceeding $250.00 per month; and the
Chairman shall be compensated in an amount not exceeding $300.00
per month.
(b) Effective on or after January 1,1983, members of the Board,
other than the Chairman, shall be compensated in an amount not
exceeding $300.00 per month; and the Chairman shall be compen-
sated in an amount not exceeding $350.00 per month.
(c) The Board of Commissioners shall fix the compensation of
members of the Board, within the limitations specified by subsection
(a) or (b), by resolution duly adopted by the Board.
GEORGIA LAWS 1981 SESSION
4093
(d) In addition to the compensation provided for by subsection
(a) or (b) of this Section, each member of the Board of Commissioners
may be reimbursed for actual and necessary expenses incurred by the
member in carrying out official duties or, as an alternative thereto,
each member may receive an expense allowance of $100.00 per month.
The alternative provided for herein shall be applicable for each
month, but the Board shall adopt a resolution specifying the method
of reimbursement of expenses which shall be applicable and the
period of time during which such method shall be applicable. When
members are reimbursed for actual and necessary expenses, such
expenses shall be itemized and documented by the member claiming
such reimbursement.
(e) The compensation and expenses provided for by this Section
shall be paid 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 regular
1981 session of the General Assembly of Georgia a bill to amend an
Act amending, revising, superseding and consolidating the laws per-
taining to the governing authority of Whitfield County and creating a
board of commissioners for Whitfield County, approved February 21,
1964 (Ga. Laws 1964, p. 2175), and for other purposes.
This 23rd day of January, 1981.
/s/ R. L. Foster
Representative,
6th District
4094 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 Legisla-
tion was published in the Daily Citizen-News which is the official
organ of Whitfield County, on the following dates: February 6,13, 20,
1981.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
McDuffie countycompensation of tax
COMMISSIONER.
No. 390 (House Bill No. 942).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of McDuffie County into the office of tax commissioner of
GEORGIA LAWS 1981 SESSION
4095
McDuffie County, approved March 27,1972 (Ga. Laws 1972, p. 2543),
as amended, so as to change the compensation provisions relating to
the tax commissioner; to provide an effective date; to repeal conflict-
ing 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 McDuffie County into the office of tax commissioner
of McDuffie County, approved March 27, 1972 (Ga. Laws 1972, p.
2543), 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:
Section 3. (a) The tax commissioner of McDuffie County shall
receive an annual base salary of $14,400.00, payable in equal monthly
installments from the funds of McDuffie County. All fees, commis-
sions, costs, fines, percentages, forfeitures, penalties, and other per-
quisites of whatever kind received and collected by the tax commis-
sioner shall be received, collected, and held by him as public funds for
McDuffie County. Once each month, the tax commissioner shall pay
over to the fiscal authority of McDuffie County all funds collected by
him with a detailed, itemized statement showing the collections and
the sources from which such funds were collected. It is specifically
provided that the salary provided herein for the tax commissioner
shall be in lieu of all fees, commissions, costs, fines, percentages,
forfeitures, penalties, and other perquisites of whatever kind, includ-
ing 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 Depart-
ment; provided, however, that the tax commissioner shall be autho-
rized to retain as additional compensation those commissions allowed
by Code Section 91A-1370, relating to commissions on taxes collected
in excess of a certain percentage of taxes due according to the tax net
digest, as now or hereafter amended.
(b) The tax commissioner shall also receive an annual cost-of-
living increase as follows: on the first day of January of each year,
beginning in 1983, 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
4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
previous January 1, the existing compensation of the tax commis-
sioner shall be increased by the amount which results from multiply-
ing the existing base salary by the percentage increase in the Con-
sumer Price Index, not exceeding 5 percent. For the purposes of this
section only, the base salary of the tax commissioner shall be
computed at $14,400.00 January 1, 1983, and thereafter shall be
computed at $14,400.00 plus cost-of-living increases which have been
made in prior years; provided, however, that the total annual salary of
the tax commissioner shall not exceed $20,000.00.
Section 2. Said Act is further amended by striking in its entirety
Section 4, which reads as follows:
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 McDuffie County. Once
each month the tax commissioner shall turn over to the fiscal author-
ity 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, except those commis-
sions 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, 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,
Extra Sess., p. 297), as amended, which commissions the tax commis-
sioner shall be entitled to receive and retain in addition to the salary
provided for herein.
Section 3. Said Act is further amended by striking in its entirety
Section 5A, which reads as follows:
Section 5A. The tax commissioner shall also receive an annual
cost-of-living increase as follows: On the first day of January of each
year, beginning in 1978, 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 compensation of the tax commis-
sioner shall be increased by the amount which results from multiply-
ing the existing base salary by the percentage increase in the Con-
GEORGIA LAWS 1981 SESSION
4097
sumer Price Index, not exceeding 5%. For the purposes of this
section only, the base salary of the tax commissioner shall be
computed at $12,000.00 January 1, 1978, and thereafter shall be
computed at $12,000.00 plus cost-of-living increases which have been
made in prior years.
Section 4. This Act shall become effective July 1,1981.
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act consolidating the offices of Tax Receiver and Tax Collector of
McDuffie County into the office of Tax Commissioner of McDuffie
County, approved March 27, 1972 (Ga. Laws 1972, p. 2543), as
amended; and for other purposes.
This 19th day of January, 1981.
/s/ Warren D. Evans
Representative,
84th 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 22,
29, and February 5,1981.
/s/ Warren D. Evans
Representative,
84th District
4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
DOUGHERTY COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 391 (House Bill No. 949).
AN ACT
To amend an Act placing certain of the county officers of Dough-
erty County upon an annual salary, approved March 7, 1955 (Ga.
Laws 1955, p. 2874), as amended, particularly by an Act approved
March 26,1969 (Ga. Laws 1969, p. 2293), an Act approved January 31,
1974 (Ga. Laws 1974, p. 2021), an Act approved March 11,1977 (Ga.
Laws 1977, p. 3158), and an Act approved March 13,1978 (Ga. Laws
1978, p. 3675), so as to change the compensation of the Sheriff, Judge
of the Probate Court, and Clerk of the Superior Court of Dougherty
County; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
4099
Section 1. An Act placing certain of the county officers of
Dougherty County upon an annual salary, approved March 7, 1955
(Ga. Laws 1955, p. 2874), as amended, particularly by an Act
approved March 26,1969 (Ga. Laws 1969, p. 2293), an Act approved
January 31,1974 (Ga. Laws 1974, p. 2021), an Act approved March 11,
1977 (Ga. Laws 1977, p. 3158), and an Act approved March 13, 1978
(Ga. Laws 1978, p. 3675), is hereby amended by striking Section 2 in
its entirety and substituting in lieu thereof the following:
Section 2. (a) The salary of the Sheriff of Dougherty County
shall be $30,000.00 per annum.
(b) The salary of the Judge of the Probate Court of Dougherty
County shall be $26,000.00. Such salary shall be paid in lieu of all fees
which are now or may hereafter be allowed by law to be received or
collected as compensation by said judge, specifically including those
fees authorized pursuant to Code Chapter 88-17, relating to vital
records, as the same may now or hereafter be amended. All such fees
shall be collected and paid into the county treasury as provided by
Section 5 of this Act.
(c) The salary of the Clerk of the Superior Court of Dougherty
County shall be $28,000.00 per annum.
(d) Each of said officials shall be paid monthly from the general
funds in the county treasury.
Section 2. Said Act is further amended by striking in its entirety
Section 2A.
Section 3. This Act shall become effective on July 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.
There will be introduced at the regular 1981 session of the General
Assembly of Georgia a local bill to amend an Act placing certain of the
county officers of Dougherty County upon an annual salary, approved
March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an
4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act approved March 26, 1969 (Ga. L. 1969, p. 2293), and an Act
approved January 31, 1974 (Ga. L. 1974, p. 2021), an Act approved
March 11,1977 (Ga. L. 1977, p. 3158), and an Act approved March 13,
1978 (Ga. L. 1978, p. 3675), so as to change the compensation of the
Sheriff, Judge of the Probate Court, and Clerk of the Superior Court
of Dougherty County; to repeal conflicting laws; to provide an effec-
tive date; and for other purposes.
This 3rd day of February, 1981.
W. Spencer Lee, IV,
County Attorney
Dougherty County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Chambless who, on oath,
deposes and says that he/she is Representative from the 131st Dis-
trict, 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
5,12,19,1981.
/s/ Tommy Chambless
Representative,
131st District
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4101
STATE COURT OF DOUGHERTY COUNTYCOURT
COSTS.
No. 392 (House Bill No. 950).
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, particularly by 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 costs and fees 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 Dougherty County,
formerly known as the City Court of Albany, approved December 16,
1897 (Ga. Laws 1897, p. 408), as amended, particularly by 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), is
hereby amended by striking Section 24 in its entirety and substitut-
ing in lieu thereof the following:
Section 24. The cost and fees charged in the State Court of
Dougherty County shall be a flat amount of $17.50 which shall be the
total cost of the case and which shall not be refunded. Such fee shall
be charged in garnishment proceedings also.
4102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking in Section 25
the following:
$12.50 on costs of suit,
and substituting in lieu thereof the following:
$17.50 as provided in Section 24,
so that when so amended Section 25 shall read as follows:
Section 25. Each party filing a civil suit or proceeding in said
court shall deposit with the Clerk of said court at the time of the filing
or commencement of said proceeding the sum of $17.50 as provided in
Section 24; provided, however, said 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, and provided, further, if the
party making such deposit shall finally prevail in said suit or proceed-
ings, the amount of said deposit shall be taxed as part of the costs
against the losing party defendant, and shall be refunded to the party
depositing the same after all costs have been paid.
Section 3. This Act shall become effective upon July 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.
There will be introduced for passage of the regular 1981 session of
the General Assembly of Georgia a local bill to amend an Act creating
the State Court of Dougherty County, formerly known as the City
Court of Albany, approved December 16,1897 (Ga. L. 1897, p. 408), as
amended, so as to increase the fees and costs in the State Court of
Dougherty County, Georgia; to set the salary of the Clerk of said
court; to repeal conflicting laws; and for other purposes.
This 3rd day of February, 1981.
W. Spencer Lee, IV,
County Attorney
Dougherty County, Georgia
GEORGIA LAWS 1981 SESSION
4103
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Chambless who, on oath,
deposes and says that he/she is Representative from the 131st Dis-
trict, 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
5,12,19,1981.
/s/ Tommy Chambless
Representative,
131st District
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
UNION COUNTYEXPENSES OF SHERIFFS OFFICE.
No. 393 (House Bill No. 954).
AN ACT
To amend an Act providing a salary for the Sheriff of Union
County in lieu of the fee system, approved March 11,1968 (Ga. Laws
1968, p. 2264), as amended by an Act approved April 3, 1972 (Ga.
Laws 1972, p. 3564), by an Act approved April 17, 1975 (Ga. Laws
1975, p. 4361), and by an Act approved March 11, 1977 (Ga. Laws
1977, p. 3122), so as to change the provisions relative to expenses for
the sheriffs office; to provide for budgeting such expenses; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a salary for the Sheriff of Union
County in lieu of the fee system, approved March 11,1968 (Ga. Laws
1968, p. 2264), as amended by an Act approved April 3, 1972 (Ga.
Laws 1972, p. 3564), by an Act approved April 17, 1975 (Ga. Laws
1975, p. 4361), and by an Act approved March 11, 1977 (Ga. Laws
1977, p. 3122), is hereby amended by striking Sections 4 and 5 in their
entirety and substituting in lieu thereof three new Sections 4, 5, and
5A to read as follows:
Section 4. The sheriff 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, but the compensation for each deputy sheriff shall not
exceed $12,000.00 per annum. Within the limitation provided herein
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
sheriff, during his term of office, to designate and name the person or
persons who shall be employed as such deputies, clerks, assistants, or
other employees, and to prescribe their duties and assignments, and
to remove or replace any of such employees at will and within his sole
discretion.
GEORGIA LAWS 1981 SESSION
4105
Section 5. The necessary operating expenses of the sheriffs 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 mainte-
nance 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 Union County.
Section 5A. The expenses of the sheriffs office, as provided in
Sections 4 and 5 of this Act, shall be budgeted in accordance with
procedures adopted by the governing authority of Union County as
provided by the Act providing for basic local government financial
management standards and procedures, approved April 8, 1980 (Ga.
Laws 1980, p. 1738).
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act placing the sheriff of Union County on a salary in lieu of the fee
system of compensation, approved March 11,1968 (Ga. Laws 1968, p.
2264), as amended; and for other purposes.
This 20th day of January, 1981.
/s/ Carlton Colwell
Representative,
4th District
4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell 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 Legisla-
tion was published in the North Georgia News which is the official
organ of Union County, on the following dates: January 22, 29, and
February 5,1981.
/s/ Carlton Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
FANNIN COUNTYCORONER PLACED ON SALARY
BASIS.
No. 394 (House Bill No. 955).
AN ACT
To provide an annual salary for the coroner of Fannin County in
lieu of the fee system of compensation; to provide for matters relative
GEORGIA LAWS 1981 SESSION
4107
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. The coroner of Fannin County is hereby placed on a
salary basis in lieu of a fee basis for all of his services and shall be
compensated in the amount of $1,500.00 per annum to be paid in
equal monthly installments from the fund of Fannin County. Such
salary shall be in lieu of all fees, costs, commissions, allowances,
moneys, and all other emoluments and perquisites of whatever kind
previously allowed the coroner, and they shall become the property of
Fannin County and shall be paid to the fiscal officer of the county on
or before the fifteenth day of each month for the preceding month.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a Bill to provide an
annual salary for the Coroner of Fannin County; to provide for any
matters relative thereto and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell 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 Legisla-
tion was published in the Blue Ridge Summit-Post which is the
official organ of Fannin County, on the following dates: January 30,
February 6,13,1981.
4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Carlton Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
STATE COURT OF DeKALB COUNTYASSISTANT
SOLICITORS.
No. 395 (House Bill No. 960).
AN ACT
To amend an Act creating the State Court of DeKalb County
(formerly the Civil and Criminal Court of DeKalb County), approved
February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, so as to
change the provisions relating to assistant solicitors of said court; to
provide for appointments and removal; to provide for qualifications;
to provide for compensation; to provide for additional 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 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, particularly
GEORGIA LAWS 1981 SESSION
4109
by an Act approved March 16,1961 (Ga. Laws 1961, p. 2461), and an
Act approved March 22, 1974 (Ga. Laws 1974, p. 3111), is hereby
amended by striking in its entirety the Section 5 substituted by said
later amendatory Act, which reads as follows:
Section 5. The solicitor of the State Court of DeKalb County
shall have authority to appoint two additional assistant solicitors for
said Court subject to the approval of the judges thereof. Such
assistant solicitors may be removed by the concurrent action of the
judges and solicitors. Each of said assistant solicitors shall have been
a resident of DeKalb County at least one year prior to his appoint-
ment, shall be at least 21 years of age at the time of his appointment
and shall be a member of the State Bar of Georgia. The salary of said
assistant solicitors shall be fixed by the Board of Commissioners of
DeKalb County at not less than $6,000.00 per annum, to be paid
monthly out of the county treasury as an expense of the Court.
Section 2. 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, particularly
by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3137), and an
Act approved March 22, 1974 (Ga. Laws 1974, p. 3111), is hereby
amended by striking in its entirety Section 6-A, which reads as
follows:
Section 6-A: Be it further enacted by the authority aforesaid,
and it is hereby enacted by authority of the same, that there shall be
an assistant solicitor of the Civil Court of DeKalb County. Such office
shall be filled by the present assistant solicitor of the City Court of
Decatur at the time of the effective date of this Act, who shall serve
until his successor shall have been chosen in the manner herein
provided. The assistant solicitor of such court shall be nominated by
the solicitor of said court, subject to the approval of the judges
thereof. He may be removed by the concurrent action of the judges
and solicitor. The present assistant solicitor of the Civil and Criminal
Court of DeKalb County shall be named and referred to as the first
assistant solicitor of said court. The salary of said first assistant
solicitor shall be fixed by the Board of Commissioners of Roads and
Revenue of DeKalb County at not less than $7500.00 per annum,
payable monthly, out of the county treasury as an expense of the
court. The qualifications for the office of assistant solicitor shall be
the same as those of the solicitor of such court.,
4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof a new Section 6-A to read as follows:
Section 6-A. The solicitor of the State Court of DeKalb County
shall have authority to appoint five assistant solicitors. Such assis-
tant solicitors may be removed by the solicitor. Each of said assistant
solicitors shall have been a resident of DeKalb County at least one
year prior to his appointment, shall be at least 21 years of age at the
time of his or her appointment and shall be a member of the State Bar
of Georgia. The salary of said assistant solicitors shall be fixed by the
Board of Commissioners of DeKalb County at not less than $6,000.00
per annum, to be paid monthly out of the county treasury as an
expense of the Court.
Section 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.
Notice is hereby given of intention to apply for local legislation at
the regular session of the General Assembly of Georgia, 1981, such
legislation being an act to amend an Act approved February 14,1951,
(Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and
Acts amendatory thereto, and as amended (being the State Court of
DeKalb County), so as to provide for the addition of a fifth and sixth
Assistant Solicitor of said court; to repeal conflicting laws; and for
other purposes.
This 12th day of January, 1981.
John R. Thompson
Solicitor, State Court
of DeKalb County, Georgia
GEORGIA LAWS 1981 SESSION
4111
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: January
15,22,29,1981.
/s/ Peggy Childs
Representative,
51st District
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
WILKES COUNTYCOMPENSATION OF CORONER.
No. 396 (House Bill No. 962).
AN ACT
To amend an Act providing an annual salary for the Wilkes
County coroner, approved March 13,1978 (Ga. Laws 1978, p. 3121), so
as to change the amount of said salary; to repeal conflicting laws; and
for other purposes.
4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Wilkes
County coroner, approved March 13,1978 (Ga. Laws 1978, p. 3121), is
hereby amended by striking from Section 1 the figure $600.00 and
inserting in its place the figure $1,200.00 so that when so amended
said section shall read as follows:
Section 1. The Coroner of Wilkes County is hereby placed on an
annual salary of $1,200.00 in lieu of all fees, costs and emoluments of
whatever kind and nature formerly allowed said officer. Said salary
shall be paid in equal monthly installments out of the funds of Wilkes
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
1981 session of the General Assembly of Georgia a bill to amend an
Act providing an annual salary for the Wilkes County coroner,
approved March 13,1978 (Ga. Laws 1978, p. 3121); to repeal conflict-
ing laws; and for other purposes.
This 16th day of January, 1981.
Ben Barron Ross
Representative,
76th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Barron Ross who, on oath,
deposes and says that he/she is Representative from the 76th District,
and that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1981 SESSION
4113
Legislation was published in the News Reporter which is the official
organ of Wilkes County, on the following dates: January 22, 29, and
February 5,1981.
/s/ Ben Barron Ross
Representative,
76th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CANDLER COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 397 (House Bill No. 963).
AN ACT
To amend an Act creating and establishing a small claims court in
and for Candler County, approved March 11,1977 (Ga. Laws 1977, p.
3132), so as to change the jurisdiction of said court; to change the
method and amount of compensation of the judge of said court; to
change the cost of service; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating and establishing a small claims court
in and for Candler County, approved March 11,1977 (Ga. Laws 1977,
p. 3132), is hereby amended by striking from Section 1 of said Act the
following:
$1,500.00,
and inserting in lieu thereof the following:
$2,500.00,
so that when so amended, Section 1 of said Act shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court in and for Candler 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. Said Act is further amended by striking from subsec-
tion (d) of Section 6 the following:
$7.50,
and inserting in lieu thereof the following:
$15.00,
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 $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.
Section 3. Said Act is further amended by striking Section 5 in
its entirety and inserting in lieu thereof a new Section 5 to read as
follows:
GEORGIA LAWS 1981 SESSION
4115
Section 5. The judge shall be authorized to collect a commission
from the claimant on each claim processed through said court which
shall be a sum equivalent to 10 percent of the amount of the claim or
$25.00, whichever is greater. Such commission shall be retained by
the judge as his sole remuneration. All other fees or costs authorized
herein which are collected by said judge shall be remitted by him to
the county treasury or depository to be used for county purposes.
Section 4. Said Act is further amended by striking from subsec-
tion (b) of Section 8 the following:
The judge shall be entitled to a fee of $10.00 for every such claim
case.,
and inserting in lieu thereof the following:
The claimant shall deposit the sum of $10.00 with the court to
cover the costs of the proceeding.,
so that when so amended, subsection (b) of Section 8 shall read as
follows:
(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 claimant
shall deposit the sum of $10.00 with the court to cover the costs of the
proceeding. 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 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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating and establishing a Small Claims Court in and for Candler
4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, approved March 11, 1977 (Ga. Laws 1977, p. 3132); and for
other purposes.
This 28th day of January, 1981.
John David Miles
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John David Miles 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 Intro-
duce Local Legislation was published in the Metter News and Adver-
tiser which is the official organ of Candler County, on the following
dates: February 4,10,18,1981.
/s/ John David Miles
Representative,
107th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4117
CRISP COUNTYCOMPENSATION OF NAMED COUNTY
OFFICIALS.
No. 398 (House Bill No. 964).
AN ACT
To amend an Act providing a salary for the clerk of the superior
court, judge of the probate court, sheriff, and tax commissioner of
Crisp County, approved February 28,1966 (Ga. Laws 1966, p. 2428),
as amended, particularly by an Act approved April 17,1973 (Ga. Laws
1973, p. 3428), so as to change the provisions relating to the compen-
sation of the clerk of the superior court, judge of the probate court,
and 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 a salary for the clerk of the superior
court, judge of the probate court, sheriff, and tax commissioner of
Crisp County, approved February 28,1966 (Ga. Laws 1966, p. 2428),
as amended, particularly by an Act approved April 17,1973 (Ga. Laws
1973, p. 3428), is hereby amended by striking subsection (a) of Section
2 in its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) The clerk of the superior court shall receive an annual
salary of $20,750.00. The salary of the clerk provided for herein shall
be increased by a percentage equal to the percentage of increase
hereafter granted by the governing authority of Crisp County to
county employees for cost-of-living adjustments, including cost-of-
living adjustments granted to county employees in the form of a
bonus.
Section 2. Said Act is further amended by striking subsection (a)
of Section 3 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The sheriff shall receive an annual salary of $21,750.00. The
salary of the sheriff provided for herein shall be increased by a
percentage equal to the percentage of increase hereafter granted by
the governing authority of Crisp County to county employees for cost-
of-living adjustments, including cost-of-living adjustments granted to
county employees in the form of a bonus.
4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further 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) The judge of the probate court shall receive an annual
salary of $20,750.00. The salary of the judge of the probate court
provided for herein shall be increased by a percentage equal to the
percentage of increase hereafter granted by the governing authority
of Crisp County to county employees for cost-of-living adjustments,
including cost-of-living adjustments granted to county employees in
the form of a bonus.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act placing certain county officers of Crisp County on an annual
salary in lieu of the fee system of compensation, approved February
28, 1966 (Ga. Laws 1966, p. 2428), as amended; and for other pur-
poses.
This 6 day of February, 1981.
Ovis Stephens,
Clerk Superior Court
Ernest W. Forrest,
Sheriff
Elizabeth H. Westbrook,
Judge Probate Court
GEORGIA LAWS 1981 SESSION
4119
State of Georgia, County of Crisp.
Personally appeared before me, the undersigned officer autho-
rized to administer oaths, Jack C. Mathews, who, after being duly
sworn as provided by law, deposes and states that he is publisher of
The Cordele Dispatch, the official organ of Crisp County, Georgia, a
newspaper of general circulation in said County and the newspaper in
which the Sheriffs advertisements regularly appear.
Deponent further states that the above and foregoing notice was
published in The Cordele Dispatch, once a week for three weeks, to-
wit: in the regular issues of February 13,18 and 25,1981.
/s/ Jack C. Mathews,
Publisher,
The Cordele Dispatch,
Cordele, Crisp County,
Georgia
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Kay B. Langford
Notary Public.
My Commission Expires April 6, 1982.
(Seal).
Approved April 6,1981.
4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ELBERT COUNTYCOMPENSATION OF BOARD OF
COMMISSIONERS.
No. 399 (House Bill No. 965).
AN ACT
To amend an Act providing for a board of commissioners of Elbert
County, approved February 27, 1875 (Ga. Laws 1875, p. 253), as
amended, so as to change the compensation provisions relating to
members of the board of commissioners; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a board of commissioners of
Elbert County, approved February 27, 1875 (Ga. Laws 1875, p. 253),
as amended, is hereby amended by striking in its entirety the last
sentence of subsection (a) of Section IB, which reads as follows:
The members of the board are hereby authorized to determine
and fix their own compensation in an amount not to exceed seventy-
five ($75.00) dollars per month payable from the funds of Elbert
County, at any regular monthly meeting of the board, and the amount
of such compensation shall be duly entered on the minutes of such
meeting.,
and inserting in lieu thereof a new sentence to read as follows:
The members of the board are hereby authorized to determine
and fix their own compensation in an amount not to exceed two
hundred ($200.00) dollars per month payable from the funds of
Elbert County, at any regular monthly meeting of the board, and the
amount of such compensation shall be duly entered on the minutes of
such meeting; provided, however, that the chairman shall be compen-
sated as provided in Section 2.
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 1981 SESSION
4121
Notice of Intent to Introduce Local Legislation.
Notice is hereby given of the intent to have introduced at the
regular 1981 session of the General Assembly of Georgia, a bill to
amend an act providing for a board of commissioners of Elbert
County approved February 27, 1875, (Georgia Laws 1875, page 253),
as amended; and for other purposes.
This 9th day of January, 1981.
James I. Roberts
Attorney for Elbert
County
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 Elbert Beacon which is the official
organ of Elbert County, on the following dates: January 16, 23 and 30,
1981.
/s/ Charles C. Mann
Representative,
13th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
236
4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GLYNN COUNTYCOMPENSATION OF DEPUTY
MAGISTRATE.
No. 400 (House Bill No. 966).
AN ACT
To amend an Act creating the Magistrates Court of Glynn
County, approved April 4,1963 (Ga. Laws 1963, p. 2969), as amended,
particularly by an Act approved March 9, 1979 (Ga. Laws 1979, p.
3106), so as to change provisions relating to the compensation of the
deputy magistrate; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Magistrates Court of Glynn
County, approved April 4,1963 (Ga. Laws 1963, p. 2969), as amended,
particularly by an Act approved March 9, 1979 (Ga. Laws 1979, p.
3106), is hereby amended by striking Section 4A and inserting in its
place a new section to read as follows:
Section 4A. The deputy magistrate shall receive an annual salary
of $10,700.00, payable in equal monthly installments from funds of
Glynn 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 1981 SESSION
4123
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of Georgia a bill to amend an
Act creating the Magistrates Court of Glynn County, approved April
4, 1963, (Ga. L. 1963, p. 2969), as amended, to provide for the
compensation of the Magistrate and Deputy Magistrate, to repeal
conflicting laws, and for other purposes.
This 29th day of December, 1980.
Bill Littlefield
Senator,
6th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James R. Tuten, Jr. who, on oath,
deposes and says that he/she is Representative from the 153rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Brunswick News which is
the official organ of Glynn County, on the following dates: January 2,
9,16,1981.
/s/ James R. Tuten, Jr.
Representative,
153rd District
4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CRAWFORD COUNTYCOMPENSATION OF BOARD
OF COMMISSIONERS.
No. 401 (House Bill No. 967).
AN ACT
To amend an Act creating the board of commissioners of Crawford
County, approved March 2,1874 (Ga. Laws 1874, p. 339), as amended,
so as to change the compensation of the members of said 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
Crawford County, approved March 2,1874 (Ga. Laws 1874, p. 339), as
amended, is hereby amended by striking Section 7-A in i s entirety
and inserting in lieu thereof a new Section 7-A to read as follows:
Section 7-A. Each member of the board of commissioners of
Crawford County shall receive an annual salary of $1,800.00, payable
in equal monthly installments from the funds of the county. Each
member shall also receive a travel allowance in the amount of
$2,400.00 per annum, payable in equal monthly installments from
county funds.
GEORGIA LAWS 1981 SESSION
4125
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
Local Legislation.
Pursuant to Section 2-1309 Georgia Code Annotated, notice is
hereby given that Crawford County, Georgia intends to apply for
passage of local legislation so as to have the General Assembly of the
State of Georgia amend the transportation expense allocation paid
monthly to the position of County Commissioner in Crawford
County.
This the 29th day of January, 1981.
Charles Dubyak
County Administrator
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 29,
February 5,12,1981.
/s/ Bryant Culpepper
Representative,
98th District
4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PEACH COUNTY CHARTER COMMISSION CREATED.
No. 402 (House Bill No. 968).
AN ACT
To create the Peach County Charter Commission to study the
provision of governmental services in and by Peach County and the
municipalities therein; to provide for membership, compensation,
and duties of the commission; to provide for repeal of this Act; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There is hereby created the Peach County
Charter Commission.
(b) The commission shall consist of:
(1) Two residents of Fort Valley, to be appointed by the
mayor and council of Fort Valley;
(2) Two residents of Byron, to be appointed by the mayor
and council of Byron;
GEORGIA LAWS 1981 SESSION
4127
(3) Two residents of any part of incorporated or unincorpo-
rated Peach County, to be appointed by the Peach County com-
missioners; and
(4) One resident of any part of incorporated or unincorpo-
rated Peach County, to be appointed by the Peach County delega-
tion of the General Assembly.
(c) No member shall be an elected or appointed government
official.
(d) The members of the commission shall receive no compensa-
tion for their services but shall be reimbursed for actual expenses
incurred in the performance of their duties.
(e) All expenditures of the commission, other than incidental
expenses of the members, shall require the prior concurrent approval
of the governing authorities of Byron, Fort Valley, and Peach County.
(f) The reimbursement of expenses of the members and any
approved expenditures of the commission shall be paid in equal
shares by Byron, Fort Valley, and Peach County.
Section 2. (a) The purpose of the commission shall be to study
the present provision of governmental services in and by Peach
County and the municipalities therein and to develop recommenda-
tions for improving the delivery of such governmental services.
(b) Such study and recommendations may include but shall not
be limited to the following services: fire, police, ambulance, building
code enforcement, water and sewer, tax assessment, data processing,
and communications.
Section 3. Effective July 1,1983, this Act shall stand repealed
and the commission shall be abolished.
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.
4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice.
Notice is hereby given that there will be introduced in the 1981
session of the General Assembly of Georgia, a bill creating the Peach
County Charter Commission.
Bryant Culpepper
Representative,
District 98
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 Leader Tribune which is the official
organ of Peach County, on the following dates: February 12, 19, 26,
1981.
/s/ Bryant Culpepper
Representative,
98th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4129
SPALDING COUNTYCOMPENSATION OF CORONER.
No. 403 (House Bill No. 969).
AN ACT
To amend an Act abolishing the fee system as the mode of
compensation of the coroner of Spalding County and providing in lieu
thereof a salary for the compensation of such officer, approved March
6,1962 (Ga. Laws 1962, p. 3068), as amended, particularly by an Act
approved February 28, 1966 (Ga. Laws 1966, p. 2561), an Act
approved April 5, 1971 (Ga. Laws 1971, p. 3108), an Act approved
March 30,1977 (Ga. Laws 1977, p. 4238), an Act approved March 13,
1978 (Ga. Laws 1978, p. 3196), and an Act approved April 11, 1979
(Ga. Laws 1979, 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 abolishing the fee system as the mode of
compensation of the coroner of Spalding County and providing in lieu
thereof a salary for the compensation of such officer, approved March
6,1962 (Ga. Laws 1962, p. 3068), as amended, particularly by an Act
approved February 28, 1966 (Ga. Laws 1966, p. 2561), an Act
approved April 5, 1971 (Ga. Laws 1971, p. 3108), an Act approved
March 30,1977 (Ga. Laws 1977, p. 4238), an Act approved March 13,
1978 (Ga. Laws 1978, p. 3196), and an Act approved April 11, 1979
(Ga. Laws 1979, p. 3452), is hereby amended by striking Section 2 of
said Act in its entirety and substituting in lieu thereof a new Section 2
to read as follows:
Section 2. The coroner of Spalding County shall be paid a
monthly salary at the rate of $3,000.00 per annum, plus the additional
sum of $150.00 per annum for each regular four-year term or part of
such term which such officer has completed, which compensation
shall be apportioned and payable for the remainder of the current
year 1981 at said annual rate and shall be payable for all subsequent
years at said annual rate from the funds of Spalding County. In
addition thereto, said officer shall receive $100.00 per month as an
expense allowance to cover and provide in full for his expenses of
travel within Spalding County each month, which allowance shall be
payable from the funds of said county. Said compensation and
4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
expense allowance shall be payable in equal monthly installments, as
accrued, on the last day of each month, which said compensation and
expense allowance shall be in full payment of all services rendered by
said officer and shall be inclusive. Said officer shall not receive any
other compensation for services performed or for expenses of travel
within Spalding County incurred by him as coroner of said county.
Section 2. This Act shall become effective on 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
1981 Session of the General Assembly of Georgia, a Bill to change the
compensation of the Coroner of Spalding County; to repeal conflict-
ing laws and for other purposes.
This the 2nd day of January, 1981.
Maureen C. Jackson
As Clerk of Spalding
County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler, who, on oath,
deposes and says that he is a Representative from the 71st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Griffin Daily News, which is the
official organ of Spalding County, on the following dates: January 3,
1981; January 10,1981; and January 17,1981.
/s/ John L. Mostiler
Representative,
71st District
GEORGIA LAWS 1981 SESSION
4131
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF SPALDING COUNTY-
COMPENSATION OF JUDGE AND SOLICITOR.
No. 404 (House Bill No. 970).
AN ACT
To amend an Act establishing the State Court of Spalding County,
formerly known as the City Court of Griffin, approved December 14,
1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act
approved April 11,1979 (Ga. Laws 1979, p. 4301), 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 establishing the State Court of Spalding
County, formerly known as the City Court of Griffin, approved
December 14,1897 (Ga. Laws 1897, p. 462), as amended, particularly
by an Act approved April 11,1979 (Ga. Laws 1979, p. 4301), is hereby
amended by striking from Section 3 the following:
4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
twelve thousand ($12,000.00) dollars per annum,
and inserting in lieu thereof the following:
$13,200.00 per annum,
so that when so amended, Section 3 shall read as follows:
Section 3. Be it further enacted by authority of the same, that
there shall be a judge of the State Court of Spalding County, who shall
be elected by the qualified voters of the County of Spalding and
whose term of office shall be four years, and all vacancies in the said
office shall be filled by appointment of the Governor of Georgia for
the residue of the unexpired term. The first election held under this
provision of this Act shall be at the same time and place and under all
the rules and regulations provided for the election of the county
officers of Spalding County, Georgia, in October, 1908, and shall be
for a term of four years, beginning January 1, 1909. Subsequent
elections shall be held at intervals of four years from the date of this
first election. The judge of the State Court of Spalding County shall
receive a salary of $13,200.00 per annum, which shall not be dimin-
ished during his term of office, and which shall be paid monthly on
the receipt of the said judge out of the treasury of Spalding County. It
shall be the duty of the board of commissioners of said county to make
provisions for this purpose in levying county taxes.
Section 2. Said Act is further amended by striking from Section
5 the following:
twelve thousand ($12,000.00) dollars per annum,
and inserting in lieu thereof the following:
$13,200.00 per annum,
so that when so amended, Section 5 shall read as follows:
Section 5. Be it further enacted by the authority aforesaid, that
there shall be a solicitor of the State Court of Spalding County, to be
elected by the qualified voters of the County of Spalding, whose term
of office shall be four years and all vacancies in said office shall be
filled by appointment of the Governor of Georgia for the residue of
the unexpired term. The first election held under the provisions of
GEORGIA LAWS 1981 SESSION
4133
this Act shall be held at the same time and place and under all the
rules and regulations provided for the election of county officers of
Spalding County on October 19,1908, and shall be for a term of four
years, beginning January 1,1909. Subsequent elections at intervals of
four years from the date of the first election at the regular election for
county officers. Any person to be eligible to the position of solicitor of
the State Court of Spalding County must have reached the age of 25
years, must have practiced law at least three years, and must have
been a citizen of Spalding County at least three years. The said
solicitor shall receive for each written accusation filed with the clerk
of court the sum of $6.25; shall receive for each person prosecuted to
trial or plea of guilty for any offense the sum of $6.25; his fees for all
other services rendered shall be the same as are allowed a district
attorney of the superior court; for his services in the Supreme Court
he shall be paid out of the treasury of the state in the same manner as
the district attorney of the superior court is paid for like services,
provided that at the end of each term of the state court the solicitor of
the State Court of Spalding County shall collect the full amount of his
fees at the distribution of the same by the judge of the state court and
pay over the same into the treasury of the County of Spalding; and at
all times he shall collect and pay over into the treasury of said county
all the money he receives under this fee system. For all his services the
said solicitor shall receive a salary of $13,200.00 per annum which
shall be paid him monthly out of the treasury of Spalding County
upon receipt of said solicitor of State Court of Spalding County, said
salary shall not be diminished during his term of office, and his salary
shall be his only compensation for the services rendered by the said
solicitor of the State Court of Spalding County. Before entering upon
the duties of his office the said solicitor shall give a bond payable to
the Governor and his successors in office with good security to be
approved by the judge of said court, in the sum of $2,000.00, condi-
tioned to account for all money which may come into his hands as
solicitor and for the faithful discharge of the duties of said office, and
in addition to the oath required of all civil officers take and subscribe
the following oath: I do swear that I will faithfully and impartially
and without fear, favor, or affection, discharge my duties as solicitor
of the State Court of Spalding County, so help me God. Said bond
and oath shall be entered on the minutes of the court by the clerk of
the State Court of Spalding County and may be sued on by any person
interested. In case of his absence or disqualification to act in any case,
the court shall have power to appoint a solicitor pro tern.
4134 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
1981 Session of the General Assembly of Georgia, a Bill to change the
compensation of the Judge and Solicitor of the State Court of
Spalding County; to repeal conflicting laws and for other purposes.
This the 2nd day of January, 1981.
Maureen C. Jackson
As Clerk of Spalding
County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler, who, on oath,
deposes and says that he is a Representative from the 71st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Griffin Daily News, which is the
official organ of Spalding County, on the following dates: January 3,
1981; January 10,1981; and January 17,1981.
/s/ John L. Mostiler
Representative,
71st District
GEORGIA LAWS 1981 SESSION
4135
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
SPALDING COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 405 (House Bill No. 971).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Spalding County, approved February 16,1950 (Ga. Laws
1950, p. 2583), as amended, particularly by an Act approved February
28,1966 (Ga. Laws 1966, p. 2659), an Act approved April 5,1971 (Ga.
Laws 1971, p. 3110), an Act approved February 25, 1977 (Ga. Laws
1977, p. 2791), and an Act approved April 11,1979 (Ga. Laws 1979, p.
4135), so as to change the compensation of the tax commissioner of
Spalding County; to provide for payment thereof; to provide for other
matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and
tax collector of Spalding County, approved February 16, 1950 (Ga.
Laws 1950, p. 2583), as amended, particularly by an Act approved
February 28,1966 (Ga. Laws 1966, p. 2659), an Act approved April 5,
1971 (Ga. Laws 1971, p. 3110), an Act approved February 25, 1977
(Ga. Laws 1977, p. 2791), and an Act approved April 11, 1979 (Ga.
4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Laws 1979, p. 4135), is hereby amended by striking subsection (a) of
Section 3 thereof in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The tax commissioner of Spalding County shall be paid a
monthly salary at the rate of $21,175.00 per annum, which shall be in
addition to the sum authorized in subsection (c).
Section 2. Said Act is further amended by striking subsection
(b) of Section 3 in its entirety and substituting in lieu thereof a new
subsection (b), which shall read as follows:
(b) Said salary shall be apportioned and payable for the
remainder of the current year 1981 at said annual rate and shall be
payable for all subsequent years at said annual rate from the funds of
Spalding County and shall be payable, as accrued, in equal monthly
installments on the last day of each month.
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
1981 Session of the General Assembly of Georgia, a Bill to change the
compensation of the Tax Commissioner of Spalding County; to repeal
conflicting laws and for other purposes.
This the 2nd day of January, 1981.
Maureen C. Jackson
As Clerk of Spalding
County Commissioners
GEORGIA LAWS 1981 SESSION
4137
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler, who, on oath,
deposes and says that he is a Representative from the 71st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Griffin Daily News, which is the
official organ of Spalding County, on the following dates: January 3,
1981; January 10,1981; and January 17,1981.
/s/ John L. Mostiler
Representative,
71st District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
SPALDING COUNTYCOMPENSATION OF NAMED
COUNTY OFFICIALS.
No. 406 (House Bill No. 972).
AN ACT
To amend an Act abolishing the fee system as the mode of
compensation of certain Spalding County officers and providing in
4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lieu thereof salaries for the compensation of such officers, approved
March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act
approved February 28, 1966 (Ga. Laws 1966, p. 2210), an Act
approved April 10 1971 (Ga. Laws 1971, p. 3985), an Act approved
March 30, 1977 (Ga. Laws 1977, p. 4217), and an Act approved April
11,1979 (Ga. Laws 1979, p. 4138), so as to change the compensation of
the clerk of the Superior Court of Spalding County, including com-
pensation for his services as clerk for the State Court of Spalding
County; to change the compensation of the sheriff of Spalding
County, including compensation for his services as sheriff of the State
Court of Spalding County; to change the compensation of the judge of
the Probate Court of Spalding County; to provide for other matters
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system as the mode of
compensation of certain Spalding County officers and providing in
lieu thereof salaries for the compensation of such officers, approved
March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act
approved February 28, 1966 (Ga. Laws 1966, p. 2210), an Act
approved April 10 1971 (Ga. Laws 1971, p. 3985), an Act approved
March 30,1977 (Ga. Laws 1977, p. 4217), and an Act approved April
11, 1979 (Ga. Laws 1979, p. 4138), is hereby amended by striking
Section 2 of said Act in its entirety and inserting in lieu thereof a new
Section 2 to read as follows:
Section 2. (a) The clerk of the Superior Court of Spalding
County, including his services as clerk (or ex officio clerk) of the State
Court of Spalding County, shall be paid a monthly salary at the rate of
$21,175.00 per annum.
(b) The sheriff of Spalding County, including his services as
sheriff of the State Court of Spalding County, shall be paid a monthly
salary at the rate of $23,200.00 per annum.
(c) Said salaries or compensation of each of the two aforesaid
officers shall be apportioned and payable for the remainder of the
current year 1981 at said respective annual rates and shall be payable
for all subsequent years at said respective annual rates.
GEORGIA LAWS 1981 SESSION
4139
Section 2. Said Act is further amended by striking Section 3 in
its entirety and inserting in lieu thereof a new Section 3 to read as
follows:
Section 3. (a) The judge of the Probate Court of Spalding
County formerly known and designated as the Ordinary of Spalding
County shall be paid a monthly salary at the rate of $20,080.00 per
annum.
(b) Said salary or compensation shall be apportioned and pay-
able for the remainder of the current year 1981 at said respective
annual rate and shall be payable for all subsequent years at said
annual rate.
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
1981 Session of the General Assembly of Georgia a Bill to change the
compensation of the Sheriff of Spalding County, the Judge of the
Probate Court of Spalding County, and the Clerk of the Superior
Court of Spalding County and Ex-Officio Clerk of the State Court of
Spalding County; to repeal conflicting laws and for other purposes.
This the 2nd day of January, 1981.
Maureen C. Jackson
As Clerk of Spalding
County Commissioners
4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler who, on oath,
deposes and says that he is a Representative from the 71st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Griffin Daily News which is the
official organ of Spalding County, on the following dates: January 3,
1981; January 10,1981; and January 17,1981.
/s/ John L. Mostiler
Representative,
71st District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
SPALDING COUNTYCOMPENSATION OF BOARD
OF COMMISSIONERS.
No. 407 (House Bill No. 973).
AN ACT
To amend an Act creating the board of commissioners of Spalding
County, approved February 5, 1873 (Ga. Laws 1873, p. 289), as
GEORGIA LAWS 1981 SESSION
4141
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 3454), so as to provide for additional compensation for the
chairman and members of the board of commissioners of Spalding
County, Georgia, in the form of an expense allowance for travel within
Spalding County; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Spalding County, approved February 5,1873 (Ga. Laws 1873, p. 289),
as amended, particularly by an Act approved April 11,1979 (Ga. Laws
1979, p. 3454), is hereby amended by striking Section II of said Act in
its entirety and substituting in lieu thereof a new Section II to read as
follows:
Section II. (a) The chairman of the board of commissioners of
Spalding County, Georgia, shall be paid a salary at the rate of
$8,160.00 per annum for his or her services and each of the other two
commissioners of said board shall respectively be paid a salary at the
rate of $7,440.00 per annum for his or her services, which said salaries
shall be apportioned and payable for the remainder of the current
year 1979 and for all subsequent years at said respective annual rates
from the funds of Spalding County and shall be payable, as accrued,
in monthly installments or other periodic installments at the discre-
tion of the majority of said three commissioners.
(b) The chairman of the board of commissioners of Spalding
County, Georgia, shall receive $200.00 per month as an expense
allowance to cover and provide in full for his expenses of travel within
Spalding County each month, which compensation shall be payable in
monthly installments on the last day of each month from the funds of
Spalding County and shall be in addition to the salary and any other
compensation received by such officer.
(c) Each of the other two members of the board of commis-
sioners of Spalding County, Georgia, shall receive $150.00 per month
as an expense allowance to cover and provide in full for his expenses
of travel within Spalding County each month, which compensation
shall be payable in monthly installments on the last day of each
month from the funds of Spalding County and shall be in addition to
the salary and other compensation received by such member.
4142 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.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of Georgia a Bill to change the
compensation of the Commissioners of Spalding County and the
Chairman of the Board of Commissioners of Spalding County; to
repeal conflicting laws for other purposes.
This the 2nd day of January, 1981.
Maureen C. Jackson
As Clerk of Spalding
County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler who, on oath,
deposes and says that he is a Representative from the 71st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Griffin Daily News which is the
official organ of Spalding County, on the following dates: January 3,
1981, January 10,1981, and January 17,1981.
/s/ John L. Mostiler
Representative,
71st District
GEORGIA LAWS 1981 SESSION
4143
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
SWAINSBORO PUBLIC FACILITIES AUTHORITY.
No. 408 (House Bill No. 976).
AN ACT
To create a body corporate and politic and an instrumentality of
the State of Georgia to be known as the Swainsboro 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 Swainsboro, for its governmental,
proprietary, and administrative functions, to authorize the City of
Swainsboro 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 Swainsboro to enter into contracts and
leases pertaining to the use of such facilities, which contracts and
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
Swainsboro 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 reve-
nues, rents, and earnings, and other funds of the Authority to pay the
4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 define
the scope of the Authoritys operations; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Swainsboro Public Facilities Authority created.
There is hereby created a public body corporate and politic to be
known as the Swainsboro Public Facilities Authority, herein called
the Authority which shall be an instrumentality and a public corpora-
tion of the State of Georgia, the purpose of which shall be to acquire,
construct, and equip self-liquidating projects including buildings and
facilities for use by the City of Swainsboro for its governmental,
proprietary, and administrative functions and the City of Swainsboro
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 the Act known as the
Georgia State Financing and Investment Commission Act,
approved April 13,1973 (Ga. Laws 1973, p. 750), as amended, codified
in Ga. Code Ann., Ch. 87-1A. The Authority shall have its principal
office in Emanuel County, and its legal situs or residence for the
purpose of this Act shall be Emanuel County.
Section 2. Membership. The Authority shall consist of the
Mayor and each of the six councilmen of the City of Swainsboro. The
members of the Authority shall hold office for the terms of office to
which they were elected and until their successors are elected and
GEORGIA LAWS 1981 SESSION
4145
qualified. The Mayor shall serve as Chairman of the Authority and
the Mayor Pro Tempore shall serve as Vice-Chairman. The Secre-
tary-Treasurer of the Authority shall be the City Clerk of the City of
Swainsboro, who shall not be a member of the Authority. 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, 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 perfor-
mance of their duties. The Authority shall make rules and regula-
tions 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:
(a) The word Authority shall mean the Swainsboro Public
Facilities Authority, created hereby.
(b) The word project shall mean and include real and personal
property acquired or held by the Authority for one or a combination
of two or more of the following governmental functions and undertak-
ings in which the general public is concerned: buildings and facilities
intended for use as a city hall, jail, police department, fire depart-
ment, administrative offices, governmental offices, proprietary and
utility offices, stadia and sports and recreation facilities, parking
facilities for the control of traffic and the relief of traffic congestion,
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 Swainsboro in the performance
of its governmental, proprietary, and administrative functions.
(c) The term cost of project shall include the cost of lands,
buildings, improvements, machinery, equipment, property, ease-
ments, rights, franchises, material, labor, services acquired or con-
tracted 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 practica-
4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bility 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.
(d) The term revenue bonds shall mean revenue bonds issued
under the provisions of the Act known as the Revenue Bond Law
approved March 31, 1937 (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 Author-
ity in the manner authorized under said 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:
(a) to sue and be sued;
(b) to adopt and alter a corporate seal;
(c) to make and execute with public and private persons and
corporations, contracts, leases, rental agreements, and other instru-
ments 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 Swainsboro; and,
without limiting the generality of the foregoing, authority is specifi-
cally granted to the City of Swainsboro 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 fifty years, and the
City of Swainsboro may enter into lease contracts and related agree-
ments for the use of any structure, building, or facility or a combina-
tion of two or more structures, buildings, or facilities of the Authority
for a term not exceeding fifty 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;
GEORGIA LAWS 1981 SESSION
4147
(d) to acquire in its own name by purchase on such terms and
conditions and in such manner as it may deem proper or by condem-
nation 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 pro-
vided 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 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 Swainsboro the governing authority of the City of Swainsboro
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 Swainsboro, as grantor, taking into consideration the
public benefit to be derived from such conveyance;
(e) to improve, extend, add to, reconstruct, renovate, or remodel
any project or part thereof already acquired;
(f) to pledge or assign any revenues, income, rent, charges, and
fees received by the Authority;
(g) to appoint and select agents, engineers, architects, attorneys,
fiscal agents, accountants, and employees and to provide for their
compensation and duties;
(h) to construct, reconstruct, acquire, own, alter, repair,
remodel, maintain, extend, improve, operate, manage, and equip
4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 contribu-
tion, 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;
(i) 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;
(j) (1) to borrow money for any of its corporate purposes and (2)
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;
(k) to exercise all powers usually possessed by private corpora-
tions performing similar functions, which are not in conflict with the
Constitution and laws of this state; and
(l) pursuant to proper resolution of the Authority to issue reve-
nue 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 laws 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
GEORGIA LAWS 1981 SESSION
4149
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 accord-
ance 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.
Section 5. Credit not pledged and debt not created by bonds.
Revenue bonds issued under the provisions thereon shall not consti-
tute a debt or a plege of the faith and credit of the State of Georgia or
the City of Swainsboro, 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 issu-
ance 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 equita-
ble, 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 obliga-
tion 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, Art. 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.
4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 accom-
plish 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 autho-
rized 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 outstand-
ing, 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.
GEORGIA LAWS 1981 SESSION
4151
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 Emanuel County, Georgia, and any
action pertaining to validation of any bonds issued under the provi-
sions hereof shall be brought in said court which shall have exclusive,
original jurisdiction of such actions.
Section 9. Revenue Bond Validation. The petition for valida-
tion 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, 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 Emanuel 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 Author-
ity 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
4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fixed and adjusted as to provide a fund sufficient with other revenue,
if any, of such project or projects or of the Authority;
(i) to pay the cost of operating, maintaining, and repairing
the project or projects, including reserves for insurance and extra-
ordinary 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;
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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 inden-
ture or of achieving ready marketability of and low interest rates
on such bonds;
(vi) 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 com-
mencement of rental payments to the Authority prior to the comple-
tion 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
GEORGIA LAWS 1981 SESSION
4153
and projects regardless of the cause of the necessity of such mainte-
nance, 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 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 pay-
able 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 sucb bonds;
(g) The use and disposition of the Authoritys 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
237
4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 issuance 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 Author-
ity 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 exemp-
tion 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 liabil-
ity 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 1981 SESSION
4155
Section 18. Scope of Operations. The scope of the Authoritys
operation shall be limited to the territory embraced within the
corporate limits of the City of Swainsboro as the same now or may
hereafter exist.
Section 19. Effective Date. This amendment 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 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 Swainsboro, or title to any such property
may be conveyed prior to such dissolution in accordance with provi-
sions which may be made therefor in any resolution or trust instru-
ment 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 1981
Session of the General Assembly of Georgia for passage of a local bill
to create and establish the Swainsboro Public Facilities Authority,
and for other purposes, this 3rd day of Februry, 1981.
4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roger Shaw
Mayor,
City of Swainsboro
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Randolph 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 Intro-
duce Local Legislation was published in the Blade which is the official
organ of Emanuel County, on the following dates: February 4,11,18,
1981.
/s/ Randolph Karrh
Representative,
106th District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4157
TOWN OF MONTROSECHARTER AMENDED.
No. 409 (House Bill No. 978).
AN ACT
To amend an Act incorporating the Town of Montrose in Laurens
County, approved August 21,1929 (Ga. Laws 1929, p. 1212), so as to
change the provisions relating to the mayor and council; to provide for
the election, qualifications, and terms of office of the governing
authority of said town; to provide for the filling of vacancies; to
provide for special elections; to provide for applicability; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Montrose in
Laurens County, approved August 21,1929 (Ga. Laws 1929, p. 1212),
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. (a) The government of the Town of Montrose shall be
vested in a mayor and town council to be composed of five councilmen
chosen as herein provided.
(b) The members of the governing body shall serve for terms of
two years and until their respective successors are elected and quali-
fied. No persons shall be eligible to serve as mayor or council member
unless he or she shall have been a resident of the town for a period of
one year immediately prior to the date of the election of the mayor or
members of the council and shall continue to reside therein during his
or her period of service and shall be registered and qualified to vote in
the municipal elections of the town.
(c) (1) The office of the mayor or of any council member shall
become vacant upon the incumbents death, resignation, forfei-
ture of office, or removal from office in any manner authorized by
this charter or the laws of the State of Georgia.
(2) A vacancy in the office of the mayor or of any council
member shall be filled for the remainder of the unexpired term, if
any, as provided for in this charter.
4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The mayor and any council member shall forfeit his or
her office if he or she:
(A) Lacks at any time during his or her term of office
any qualifications of the office as prescribed by this charter or
the laws of the State of Georgia;
(B) Willfully and knowingly violates any express prohi-
bition of this charter; or
(C) Is convicted of a crime involving moral turpitude.
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. (a) All primaries, elections, and referendums shall be
held and conducted in accordance with the Georgia Municipal Elec-
tion Code, Title 34A of the Code of Georgia of 1933, as now or
hereafter amended.
(b) (1) For the purpose of electing candidates for council mem-
bers other than the mayor, each council position shall be desig-
nated by number. Each candidate for election as a council
member shall be required to designate by number which of the five
council posts he or she is seeking for election.
(2) On the second Tuesday of January, 1982, and on said
date biennially thereafter, there shall be an election for the mayor
and two council members. These two council member posts to be
filled by election along with the election of the mayor shall be
council member posts no. 1 and no. 2.
(3) For the purpose of establishing a staggered system for
the election of council members, council member posts no. 3, 4,
and 5 shall be filled for one-year terms by election on the second
Tuesday in January, 1982. On the second Tuesday of January,
1983, and on said date biennially thereafter, there shall be an
election for council member posts no. 3,4, and 5.
(4) 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 in this charter. The first regular
GEORGIA LAWS 1981 SESSION
4159
meeting of the mayor and council following each municipal gen-
eral election for the purpose of administration of the oath as
provided in this charter shall be on the first Tuesday of February.
(c) In the event that the office of mayor or council member shall
become vacant for any cause whatsoever, the council or those remain-
ing 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, as now or hereafter
amended.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Apply for Introduction of
Local Legislation.
Georgia, Laurens County.
Notice is hereby given that the undersigned will apply at the 1981
session of the General Assembly of Georgia for the introduction and
passage of a local legislative act to amend the Charter of the Town of
Montrose (Georgia Laws 1929, p. 1212 and acts amendatory thereto)
so as to change the method and procedure for the election of the
Mayor and Council of such town; to provide for staggered terms of the
members of the Council; to provide for the filling of vacancies and
special elections; to provide for the applicability of the general
election laws to such municipality; to provide other changes in such
Charter relative to the qualification, term of office, grounds for
removal, election of the Mayor and Council of the Town of Montrose;
to provide for all matters relative to the foregoing; to provide for
severability; to repeal specific acts; to repeal conflicting laws; and for
other purposes.
4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 29th day of January, 1981.
Fred Cook
Mayor, Town of Montrose
By Direction of the
Council
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Terry L. Coleman who, on oath,
deposes and says that he is Representative from the 118th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Dublin Courier Herald which is the
official organ of Laurens County, on the following dates: January 31,
February 7 and February 14,1981.
/s/ Terry L. Coleman
Representative,
118th District
Sworn to and subscribed before me,
this 11th day of March, 1981.
/s/ Vickie L. Thomas
Notary Public, Georgia State at Large.
My Commission Expires June 3, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4161
CITY OF REYNOLDSELECTIONS.
No. 410 (House Bill No. 979).
AN ACT
To amend an Act to provide and establish a new charter for the
City of Reynolds in the County of Taylor, approved August 16,1915
(Ga. Laws 1915, p. 786), as amended, particularly by an Act approved
April 11,1979 (Ga. Laws 1979, p. 3645), so as to change the time of the
annual city election; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide and establish a new charter for the
City of Reynolds in the County of Taylor, approved August 16,1915
(Ga. Laws 1915, p. 786), as amended, particularly by an Act approved
April 11,1979 (Ga. Laws 1979, p. 3645), is hereby amended by adding
at the end of Section 6 of said Act the following:
Beginning in November, 1981, and for all subsequent years, the
annual city election to fill expired terms in the offices of mayor and
aldermen shall be held on the next Tuesday following the first
Monday in November. The newly elected officials shall be sworn into
office following the regular city council meeting in the month of
January following the November election.,
so that when so amended, Section 6 of said Act shall read as follows:
Section 6. Be it further enacted, That the municipal government
of said city and its corporate powers shall be vested in and exercised
by a mayor and a board of aldermen, consisting of six aldermen. Said
mayor and aldermen as a body shall be known as the City Council,
and they shall hold office as hereinafter provided. The mayor and six
aldermen shall be elected at the next annual elections to be held on
the first Tuesday in January, 1916. The mayor shall hold office for
two years and until his successor is elected and qualified. The two
aldermen receiving the highest votes at the election on the first
Tuesday in January, 1916, shall serve for three years. The two
aldermen receiving the next highest votes shall serve for two years.
And the two receiving the next highest votes shall serve for one year.
At the expiration of the term of any aldermen their successors shall be
elected and qualified for a term of three years, and until their
4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
successors are elected and qualified; and so on, an annual election
being held on the first Tuesday in January of each and every year, one
year for the election of two aldermen to fill the places of those whose
term expires at such time, and the next year for the election of a
mayor and two aldermen whose terms expire at such time. In the
event that the office of said mayor or either of said aldermen shall
become vacant by death, resignation, removal, or otherwise, the city
council shall by resolution, order an election to fill such vacancy and
shall give at least ten days notice thereof in one or more of the papers
published in Taylor County, and the election so held shall be held in
the same manner as ordinary municipal elections; provided, however,
that if any of said offices shall become vacant at any time within three
months of the expiration of the term of office, said city council shall
have the right and power to fill such office for the remainder of the
term by selection made by the city council without submitting same
to the voters of the city. Beginning in November, 1981, and for all
subsequent years, the annual city election to fill expired terms in the
offices of mayor and aldermen shall be held on the next Tuesday
following the first Monday in November. The newly elected officials
shall be sworn into office following the regular city council meeting in
the month of January following the November election.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act creating and establishing a new charter for the City of Reynolds,
approved August 16,1915 (Ga. Laws 1915, p. 786), as amended, so as
to change the date of the annual city election; and for other purposes.
This 20 day of January, 1981.
Ward Edwards
Representative,
110th District
GEORGIA LAWS 1981 SESSION
4163
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 29,
February 5,12,1981.
/s/ Ward Edwards
Representative,
110th District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
TAYLOR COUNTYCOMPENSATION OF TAX
COMMISSIONER, ETC.
No. 411 (House Bill No. 980).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and
Tax Collector of Taylor County into the one office of Tax Commis-
4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioner of Taylor County, approved March 2,1933 (Ga. Laws 1933, p.
673), as amended, particularly by an Act approved April 3,1972 (Ga.
Laws 1972, p. 3683), so as to change the compensation of the tax
commissioner; to abolish the office of the secretary of the tax commis-
sioner; 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 Taylor County into the one office of Tax Commis-
sioner of Taylor County, approved March 2,1933 (Ga. Laws 1933, p.
673), as amended, particularly by an Act approved April 3,1972 (Ga.
Laws 1972, p. 3683), is hereby amended by striking from Section 5 the
following:
eleven thousand five hundred dollars ($11,500.00),
and inserting in lieu thereof the following:
twelve thousand five hundred dollars ($12,500.00),
so that when so amended, Section 5 of said Act shall read as follows:
Section 5. The compensation of the Tax Commissioner of Taylor
County shall be twelve thousand five hundred dollars ($12,500.00) per
annum, to be paid in equal monthly installments from the funds of
Taylor County.
Section 2. Said Act is further amended by striking Section 5A in
its entirety which reads as follows:
Section 5A. The Tax Commissioner of Taylor County shall have
authority to appoint a secretary to assist in the duties of such office.
Such secretary shall perform the duties specified by the tax commis-
sioner. The secretary shall receive an annual salary of seven thousand
five hundred dollars ($7,500.00), payable in equal monthly install-
ments from the funds of Taylor County. The Board of Commissioners
of Taylor County may, at its discretion, grant annual cost-of-living
increases to the said salary of the secretary.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
4165
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to amend an
Act creating the office of tax commissioner of Taylor County,
approved March 2,1933 (Ga. Laws 1933, p. 673), as amended, so as to
change the provisions relative to the secretary of said tax commis-
sioner and to change the compensation of said tax commissioner; and
for other purposes.
This 20 day of January, 1981.
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 29,
February 5,12,1981.
/s/ Ward Edwards
Representative,
110th District
4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
COBB COUNTYCOMPENSATION OF JUDGE OF
JUVENILE COURT.
No. 412 (House Bill No. 982).
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:
Section 1. 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
Section 1 in its entirety and inserting in lieu thereof a new Section 1 to
read as follows:
Section 1. The judge of the Cobb County Juvenile Court shall
receive $35,000.00 per annum; provided, however, such salary shall be
increased by 8 percent to $37,800.00 per annum effective January 1,
1982. Said salary shall be paid in equal monthly installments from
the general funds of Cobb County. Said judge shall devote his full
GEORGIA LAWS 1981 SESSION
4167
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 Legislation.
Notice is hereby given that there will be introduced at the regular
1981 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 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George W. Darden 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
4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: January 23,
February 6, February 13.
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
HART COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 413 (House Bill No. 983).
AN ACT
To amend an Act creating and establishing a Small Claims Court
in and for Hart County, approved April 11, 1979 (Ga. Laws 1979, p.
3828), so as to change the jurisdiction of said court; to change certain
provisions relative to the time of serving notice of a claim; to change
the provisions relative to certain costs of said court; to authorize a fee
for the issuance of a writ of fieri facias; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1981 SESSION
4169
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims
Court in and for Hart County, approved April 11, 1979 (Ga. Laws
1979, p. 3828), is hereby amended by striking from Section 1 the
following:
$2,500.00,
and inserting in lieu thereof the following:
$3,500.00,
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 Hart County. Said court shall have civil
jurisdiction in cases ex contractu in which the demand or value of the
property involved does not exceed $3,500.00, 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. Said Act is further amended by striking from subsec-
tion (f) of Section 6 the following:
thirty,
and inserting in lieu thereof the following:
forty-five,
so that when so amended, subsection (f) of Section 6 shall read as
follows:
(f) Said notice shall include the date, hour and location of the
hearing, which date shall not be less than ten nor more than forty-five
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.
4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. (a) The plaintiff, when he files his claim, shall deposit
the sum of $22.00 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 $22.00. 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 shall
be entitled to a fee of $22.00 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) The amount of $3.00 of each fee or cost provided in subsec-
tions (a) and (b) above shall be placed in a fund to be used for the
upkeep and replacement of the facilities, equipment, and materials of
the court as such are outlined in Section 19 and the costs of any
changes or corrections in documents which the court may be required
to make.
Section 4. Said Act is further amended by adding at the end of
Section 24 the following:
The judge of the Small Claims Court shall be authorized to
charge a fee of $1.00 for the issuance of a fi. fa. in addition to any other
fees authorized by this section and in addition to the deposit autho-
rized by Section 8 of this Act.,
so that when so amended, Section 24 shall read as follows:
GEORGIA LAWS 1981 SESSION
4171
Section 24. 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. The judge of the Small Claims Court shall
be authorized to charge a fee of $1.00 for the issuance of a fi. fa. in
addition to any other fees authorized by this section and in addition
to the deposit authorized by Section 8 of this Act.
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
A bill to change fees, etc. of Small Claims Court of Hart County
will be introduced in the 1981 General Assembly.
/s/ W. O. Lindholm
Judge, Small Claims Court
Hart County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Billy Milford who, on oath, deposes
and says that he/she is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Hartwell Sun which is the official
organ of Hart County, on the following dates: January 8,15,22,1981.
/s/ Billy Milford
Representative,
13th District
4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF CARROLLTONTAX RATE FOR SCHOOL
PURPOSES.
No. 414 (HOuse Bill No. 984).
AN ACT
To amend an Act creating a charter for the City of Carrollton,
approved September 9, 1891 (Ga. Laws 1890-91, Vol. II, p. 474), as
amended, particularly by an Act approved February 19, 1951 (Ga.
Laws 1951, p. 2618), an Act approved April 4,1963 (Ga. Laws 1963, p.
2925), and an Act approved April 6,1967 (Ga. Laws 1967, p. 2736), so
as to change the rate of taxation for school purposes in and for said
city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a charter for the City of Carrollton,
approved September 9, 1891 (Ga. Laws 1890-91, Vol. II, p. 474), as
amended, particularly by an Act approved February 19, 1951 (Ga.
Laws 1951, p. 2618), an Act approved April 4,1963 (Ga. Laws 1963, p.
2925), and an Act approved April 6,1967 (Ga. Laws 1967, p. 2736), is
hereby amended by striking from Section 1 of the amendatory Act of
1967, approved April 6, 1967 (Ga. Laws 1967, p. 2736), the second
paragraph of said Section 1 in its entirety and substituting in lieu
thereof a new paragraph to read as follows:
GEORGIA LAWS 1981 SESSION
4173
The mayor and city council of the City of Carrollton shall in its
discretion proceed to levy and collect such amount as it may deem
necessary for school purposes by levy and collection of same as other
taxes are collected, and provide that the rate of taxation under this
Act shall not exceed two per centum per annum and the mayor and
city council of Carrollton, through its collection officer, shall be
required to pay the same over to the treasurer of the board of
education of said city from time to time as necessary for the operation
of said schools which shall then constitute a fund to be expended by
said board in payment of all legitimate expenses in running, opera-
tion, and maintenance of said schools.
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 Janu-
ary, 1981, Session of the General Assembly of Georgia a bill to change
the limit of tax the Mayor & City Council of Carrollton, Georgia, may
levy and collect for school purposes; and for other purposes.
Board of Education for
Carrollton
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Thomas who, on oath,
deposes and says that he/she is Representative from the 66th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Daily Times-Georgian which is the
official organ of Carroll County, on the following dates: January 29,
February 5,12,1981.
4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Charles Thomas
Representative,
66th District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CITY OF LOCUST GROVEELECTIONS,
PROHIBITED POLITICAL ACTIVITY.
No. 415 (House Bill No. 991).
AN ACT
To amend an Act creating a new charter for the City of Locust
Grove, approved April 7, 1976 (Ga. Laws 1976, p. 4426), so as to
require members of the council who run for other office to resign; to
provide for all related matters; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Locust
grove, approved April 7, 1976 (Ga. Laws 1976, p. 4426), is hereby
amended by adding at the end of Section 2.16 a new subsection (d) to
read as follows:
GEORGIA LAWS 1981 SESSION
4175
(d) Running for other office. Any member of the council who
desires to qualify to run for any other elective office of any kind must
submit his resignation no later than the day on which he so qualifies.
Such resignation shall provide by its terms that it will become
effective no later than the first day of the term of the other office for
which the member has qualified or will qualify. The resignation will
become effective whether or not the member is elected to the other
office for which he qualifies. If any member qualifies for another
office without having submitted the required resignation, his office on
the council shall immediately be vacated by operation of law.
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
1981 Session of the General Assembly of Georgia, a bill to amend an
Act creating a new charter for the City of Locust Grove, approved
April 7, 1976 (Georgia Laws 1976, page 4426), so as to amend said
charter, to appeal conflicting laws and for other purposes.
This 19th day of January, 1981.
City of Locust Grove
A. J. Welch, Jr.
Attorney for the
City of Locust Grove
Georgia, Henry County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James Stewart who, on oath, deposes
and says that he is publisher of the Henry County Herald, formerly
the Weekly Advertiser, which is the official organ of Henry County
and that the attached copy of the Notice of Intention to Introduce
Local Legislation was published in the Henry County Herald on the
following dates: January 21 & 28,1981, February 4 & 11,1981.
4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ James Stewart
Publisher of the
Henry County Herald
Sworn to and subscribed before me,
this 23 day of February, 1981.
/s/ Leanna Sims
Notary Public, Georgia State at Large.
My Commission Expires Apr. 16, 1984.
(Seal).
Approved April 6,1981.
COBB COUNTYCOMPENSATION OF BOARD OF
EDUCATION.
No. 416 (House Bill No. 998).
AN ACT
To amend an Act changing the boundaries of the seven education
districts of the Cobb County School District, approved March 28,
1974 (Ga. Laws 1974, p. 3516), as amended by an Act approved April
11,1979 (Ga. Laws 1979, p. 3851), so as to change the compensation of
the chairman and other members of the board of education; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the boundaries of the seven educa-
tion districts of the Cobb County School District, approved March 28,
1974 (Ga. Laws 1974, p. 3516), as amended by an Act approved April
11, 1979 (Ga. Laws 1979, p. 3851), is hereby amended by striking
subsection (d) of Section 2 in its entirety and inserting in lieu thereof
a new subsection (d) to read as follows:
GEORGIA LAWS 1981 SESSION
4177
(d) Each member of the board of education of Cobb County,
except the chairman, shall receive as compensation for his services
the sum of $450.00 per month. The chairman shall receive $550.00
per month as compensation for his services.
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 1981
Session of the General Assembly of Georgia a bill to change education
districts of Cobb County, and for other purposes as provided (Acts
1966, p. 761, Georgia Code Annotated, Section 2-26802); as amended
Acts 1974, p. 3516.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
and says that he/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 23, 30,
and February 6,1981.
/s/ Carl Harrison
Representative,
20th District
4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
COBB COUNTYCOMPENSATION OF SHERIFF, ETC.
No. 417 (House Bill No. 1000).
AN ACT
To amend an Act changing the compensation of the clerk of the
Superior Court, the sheriff, and the judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9,1949 (Ga. Laws 1949, p. 427), as amended, so as to change
the provisions relative to the compensation of the sheriff, the chief
deputy sheriff, and the chief investigator for Cobb County; 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 changing the compensation of the clerk of the
Superior Court, the sheriff, and the judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9, 1949 (Ga. Laws 1949, p. 427), as amended, is hereby
amended by striking from Section 2 of said Act the following:
GEORGIA LAWS 1981 SESSION
4179
The salary of the Sheriff of Cobb County shall be $23,900.00 per
annum until March 31, 1980, and shall be $25,800.00 per annum
effective April 1, 1980, and thereafter, to be paid in equal monthly
installments from the funds of Cobb County.
Section 2. Said Act is further amended by striking Section 5 in
its entirety and inserting in lieu thereof a new Section 5 to read as
follows:
Section 5. (a) The salary of the sheriff of Cobb County shall be
$33,000.00 per annum, to be paid in equal monthly installments from
the funds of Cobb County.
(b) The sheriff of Cobb County shall have one chief deputy
whose salary shall be $25,000.00 per annum until March 31,1982, and
shall be $28,000.00 per annum effective April 1,1982, and thereafter,
to be paid in equal monthly installments from the funds in the county
treasury. Said chief deputy shall offer for said office and be elected to
same at the time as the said sheriff offers for office and is elected. In
the event the office of sheriff becomes vacant by death, resignation, or
otherwise, the vacancy shall be filled for the remaining unexpired
term thereof by the said chief deputy who shall in such event enter
upon the performance of said duties upon taking the oath of office
prescribed by law for the sheriff of Cobb County. In addition to the
said chief deputy, the said sheriff shall be authorized and empowered
to name and appoint additional deputies as shall be approved from
time to time by the governing authority of Cobb County. The salaries
of said additional deputies shall be set by the governing authority of
Cobb County; provided, however, that said salaries shall not be less
than $4,560.00 per annum per each additional deputy approved by
the said governing authority of Cobb County. In addition to the said
chief deputy and other deputies above provided for, the sheriff of
Cobb County shall be authorized and empowered to employ the
clerical help necessary to perform properly the functions and duties
of his office, provided that the number of employees and salaries or
other compensation to be paid to each shall first be approved by the
governing authority of Cobb County.
(c) In addition to those employees provided for by subsection (b)
of this section, there is hereby created the office of chief investigator
for Cobb County. The chief investigator shall be appointed by the
sheriff and shall be under his direct supervision and control. The
individual appointed by the sheriff of Cobb County shall possess as a
4180 LOCAL AND SPECLAL ACTS AND RESOLUTIONS, VOL. II
minimum a high school education or the equivalent and be either a
graduate of the Federal Bureau of Investigations National Academy
for Peace Officers, or possess ten years of actual experience as a peace
officer, or be a graduate of a law school accredited by the Georgia Bar
Association, or a graduate of the Southern Police Institute School of
Police Management and Administration. The salary of the chief
investigator shall be $24,000.00 per annum until March 31,1982, and
shall be $27,000.00 per annum effective April 1,1982, and thereafter,
to be paid in equal monthly installments from the funds of Cobb
County.
Section 3. This Act shall become effective on April 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 in the regular
1981 session of the General Assembly of Georgia, a bill amending an
act of changing compensation from fee system of the Superior Court
Clerk, Sheriff and Judge of Probate Court, approved February 19,
1949 (Ga. L. 1949, p. 427) as heretofore amended and for other
purposes.
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
GEORGIA LAWS 1981 SESSION
4181
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
and says that he/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 30,
February 6,13,1981.
/s/ Carl Harrison
Representative,
20th District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PULASKI COUNTYDEPUTY SHERIFFS, ETC.
No. 418 (House Bill No. 1001).
AN ACT
To amend an Act placing the Sheriff of Pulaski County upon an
annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2612), as
amended, so as to change the salaries of the deputy sheriffs; to
4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for a cost-of-living increase; to provide for a part-time deputy
sheriff; to provide for his compensation; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff of Pulaski County upon an
annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2612), as
amended, is hereby amended by striking Section 2 in its entirety,
which reads as follows:
Section 2. The sheriff shall have the authority to appoint a
deputy who shall be compensated in the amount of $9,200.00 per
annum, payable in equal monthly installments from the funds of
Pulaski County and two additional deputies who shall each be
compensated in the amount of $8,820.00 per annum, payable in equal
monthly installments from the funds of Pulaski County. After the
first year of receiving the salary specified in this Section and continu-
ing for the next four years, in each of such years the compensation of
any one or more of the deputies, at the discretion of the sheriff, may
be increased by not more than five percent. It shall be within the sole
power and authority of the sheriff, during his respective term of
office, to designate, name and appoint the persons who shall be
employed as deputies and to prescribe their duties and assignments
and to remove or replace the deputies at will and within his sole
discretion.,
and substituting in lieu thereof the following:
Section 2. The sheriff shall have the authority to appoint three
deputy sheriffs whose compensation, effective May 1, 1981, shall be
$850.00 per month. Effective November 1,1981, the compensation of
the deputy sheriffs shall be $900.00 per month. Effective November
1, 1982, and each year thereafter, the deputy sheriffs shall receive a
cost-of-living increase. The cost-of-living increase shall be in an
amount equal to 5 percent of the salary received for the preceding 12
months. The governing authority of Pulaski County and the sheriff
are hereby authorized to appoint one part-time deputy sheriff who
shall be compensated in an amount not to exceed $4,800.00 per year.
Compensation of the deputy sheriffs shall be payable from the funds
of Pulaski County. It shall be within the sole power and authority of
the sheriff, during his respective term of office, to designate, name,
and appoint the persons who shall be employed as deputies and to
GEORGIA LAWS 1981 SESSION
4183
prescribe their duties and assignments and to remove or replace the
deputies at will and within his sole discretion.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intent to Introduce Local Legislation.
This is to say that I intend to introduce in the 1981 term of the
legislature a local bill to adjust the salaries of the deputy sheriffs of
Pulaski County and also to provide for a part time deputy.
Ben Jessup
Representative,
District 117
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the 117th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Dispatch & News which is the official organ
of Pulaski County, on the following dates: February 4, 11 and 18,
1981.
/s/ Ben Jessup
Representative,
117th District
4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
BUTTS COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 419 (House Bill No. 1007).
AN ACT
To amend an Act creating the Small Claims Court of Butts
County, approved March 24,1976 (Ga. Laws 1976, p. 3006), so as to
provide that a judgment may be reopened under certain circum-
stances; to change the provisions relating to appeals; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Small Claims Court of Butts
County, approved March 24,1976 (Ga. Laws 1976, p. 3006), is hereby
amended by adding at the end of Section 9 a new subsection (d) to
read as follows:
(d) When a judgment is entered by the court, the judge may,
upon the petition of the plaintiff or the defendant filed with the judge
within ten days after the date of the judgment, reopen the case and
schedule a new trial on the merits of the case if the judge determines
that justice requires the case to be reopened.
GEORGIA LAWS 1981 SESSION
4185
Section 2. Said Act is further amended by striking Section 15 in
its entirety and substituting in lieu thereof a new Section 15 to read as
follows:
Section 15. 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 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating a Small Claims Court for Butts County, approved March
24,1976 (Ga. Laws 1976, p. 3006); and for other purposes.
This 2nd day of February, 1981.
Bill Jones
Representative,
78th 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 Jackson Progress-Argus which is the official
organ of Butts County, on the following dates: February 4, 11, 18,
1981.
238
4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Bill Jones
Representative,
78th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
COBB COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT.
No. 420 (House Bill No. 1010).
AN ACT
To amend an Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9,1949 (Ga. Laws 1949, p. 427), as amended, particularly by
an Act approved April 11, 1979 (Ga. Laws 1979, p. 4499), so as to
change the compensation of the judge of the probate court; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9,1949 (Ga. Laws 1949, p. 427), as amended, particularly by
GEORGIA LAWS 1981 SESSION
4187
an Act approved April 11, 1979 (Ga. Laws 1979, p. 4499), is hereby
amended by striking in its entirety Section 2A of said Act, which
reads as follows:
Section 2A. The salary of the Judge of the Probate Court of Cobb
County shall be $26,750.00 per annum until April 1, 1980, and the
salary of the Judge of the Probate Court of Cobb County shall be
$28,500.00 per annum effective April 1, 1980, and thereafter. Such
salary shall be paid in equal monthly installments from the funds of
Cobb County.,
and substituting in lieu thereof the following:
Section 2A. The salary of the Judge of the Probate Court of Cobb
County shall be $34,000.00 per annum to be paid in equal monthly
installments from the funds of Cobb 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 Janu-
ary-February, 1981 session of the General Assembly of Georgia, a bill
to amend an Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge and the Clerk of the
Probate Court of Cobb County from the fee system to the salary
system, approved February 9,1949 (Ga. L. 1949, p. 428) as amended,
so as to change the compensation of the Sheriff, the Sheriffs Chief
Deputy, the Clerk of the Superior Court, the Deputy Clerk of the
Superior Court, the Judge of the Probate Court, and tbe Clerk of the
Probate Court; and for other purposes.
This 20th day of January, 1981.
4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A. L. Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George W. Darden 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: January 30,
February 2, February 13.
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4189
MONROE COUNTYSMALL CLAIMS COURT
ACT AMENDED.
No. 421 (House Bill No. 1011).
AN ACT
To amend an Act creating and establishing a Small Claims Court
for Monroe County, Georgia, approved March 25, 1974 (Ga. Laws
1974, p. 3392), as amended, particularly by an Act approved April 17,
1975 (Ga. Laws 1975, p. 3552), so as to change the jurisdiction of said
court; to provide for service 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 for Monroe County, Georgia, approved March 25, 1974 (Ga.
Laws 1974, p. 3392), as amended, particularly by an Act approved
April 17,1975 (Ga. Laws 1975, p. 3552), is hereby amended by striking
from Section 1 thereof the following:
$1,000.00,
and inserting in lieu thereof the following:
$1,500.00,
so that when so amended said Section 1 shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court for Monroe County, Georgia, to be known as the Small
Claims Court of Monroe County, which court shall have civil jurisdic-
tion 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 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 laws of the State of Georgia.
Section 2. Said Act is further amended by adding in subsection
(e) of Section 6 thereof after the following:
4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
actual costs of service,
the following:
, not to exceed $10.00,,
so that when so amended said subsection (e) shall read as follows:
(e) When served as provided, the actual costs of service, not to
exceed $10.00, shall be taxable as costs. 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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of Georgia Local Legislation to
amend an act creating the Small Claims Court of Monroe County,
Georgia to increase the jurisdiction of said Court and to increase the
fees for said Court.
This 2nd day of February, 1981.
Benson Ham
State Representative,
House District 80
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Benson Ham who, on oath, deposes
and says that he/she is Representative from the 80th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Monroe County Reporter which is
GEORGIA LAWS 1981 SESSION
4191
the official organ of Monroe County, on the following dates: February
4,11 and 18,1981.
/s/ Benson Ham
Representative,
80th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
WHEELER COUNTYOFFICE OF TREASURER
ABOLISHED.
No. 422 (House Bill No. 1016).
AN ACT
To abolish the office of treasurer of Wheeler County; to provide
for designation of a person to perform the duties of treasurer; to
amend an Act creating the offices of tax collector, tax receiver, and
county treasurer of Wheeler County, approved July 19, 1927 (Ga.
Laws 1927, p. 731), so as to reflect the abolishment of the office of
treasurer; to provide for all related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. The office of treasurer of Wheeler County is hereby
abolished. The governing authority of Wheeler County shall be
authorized to designate a person to perform the duties of the trea-
surer. Such person shall receive all funds heretofore received by the
treasurer and disburse the same as provided by law for the disburse-
ment of funds by county treasurers.
Section 2. An Act creating the offices of tax collector, tax
receiver, and county treasurer of Wheeler County, approved July 19,
1927 (Ga. Laws 1927, p. 731), is hereby amended by adding a new
Section 1.1 to read as follows:
Section 1.1. The office of county treasurer for Wheeler County is
abolished as of the effective date of this section.
Section 3. This Act shall become effective on December 31,1984,
but in the event the office of treasurer of Wheeler County becomes
vacant for any reason prior to December 31,1984, then this Act shall
become effective on the date of the vacancy. There shall be no
election for Wheeler County treasurer in 1984 or thereafter.
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
1981 session of the General Assembly of Georgia a bill to abolish the
office of treasurer of Wheeler County, Georgia, and to provide for all
related matters; and for other purposes.
This 12th day of February, 1981.
W. H. Thomas, Jr.
Sole Commissioner,
Wheeler County, Georgia
GEORGIA LAWS 1981 SESSION
4193
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, L. L. Phillips who, on oath, deposes
and says that he/she is Representative from the 120th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: February 11,
18 and 25,1981.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
FLOYD COUNTYCOMPENSATION OF MEMBERS
OF SCHOOL BOARD.
No. 423 (House Bill No. 1014).
AN ACT
To amend an Act providing for the compensation of the members
of the board of education of Floyd County, approved March 18,1959
4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. Laws 1959, p. 3203), as amended, so as to provide for the
reimbursement of members for certain expenses; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of the
members of the board of education of Floyd County, approved March
18,1959 (Ga. Laws 1959, p. 3203), as amended, is hereby amended by
adding between Sections 1 and 2 a new section, to be designated
Section 1A, to read as follows:
Section 1A. In addition to any compensation authorized for
members of the board of education of Floyd County in Section 1, each
such member shall be reimbursed for travel and other actual expenses
incurred within the boundaries of Floyd County while in performance
of the duties of his office; but said reimbursement shall not exceed
$50.00 per month. Reimbursement shall be paid upon signed expense
vouchers submitted by a member.
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
1981 Session of the General Assembly of Georgia a bill to amend an
Act creating the Floyd County Board of Commissioners, approved
July 28, 1917 (Ga. Laws 1971, p. 351), as amended; and for other
purposes.
This 6th day of January, 1981.
GEORGIA LAWS 1981 SESSION
4195
E. M. (Buddy) Childers
Representative,
15th District
Dan Fincher
Senator,
52nd District
Ken Fuller
Representative,
16th District
John Adams
Representative-Elect,
14th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. M. Childers who, on oath, deposes
and says that he/she is Representative from the 15th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Rome News-Tribune which is the
official organ of Floyd County, on the following dates: January 8,15,
and 22,1981.
/s/ E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COBB COUNTYCOMPENSATION
OF JUDGES.
No. 424 (House Bill No. 1017).
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 change the compensation provisions relating to the judges of said
court; to provide for contributions to the Trial Judges and Solicitors
Retirement Fund; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, is
hereby amended by striking from Section 23 the following:
The salary of the judges of the State Court of Cobb County shall
be $32,500.00 per annum, provided, such salary shall be increased by
seven percent to $34,775.00 per annum, effective April 1, 1979, and
such increased amount shall be again increased by seven percent to
$37,209.00 per annum, effective April 1,1980.,
and inserting in lieu thereof the following:
The salary of the judges of the State Court of Cobb County shall
be $38,709.00 per annum; provided, however, such salary shall be
increased by 8 percent to $41,806.00 per annum, effective January 1,
1982.
Section 2. Said Act is further amended by adding immediately
following Section 23 a new section, to be designated Section 23A, to
read as follows:
Section 23A. In addition to the salary provided for the judges of
the State Court of Cobb County in Section 23, the governing author-
ity of Cobb County shall pay to each judge of the State Court of Cobb
County a sum equal to the contribution required for judges by an Act
known as the Trial Judges and Solicitors Retirement Fund Act,
approved March 11,1968 (Ga. Laws 1968, p. 259), as now or hereafter
amended.
GEORGIA LAWS 1981 SESSION
4197
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
1981 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 29, 1964 (Ga. L.
1964, p. 3211) and for other purposes.
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George W. Darden 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: January 9, 16,
23,1981.
4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 6th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF COBB COUNTYMAGISTRATES.
No. 425 (House Bill No. 1019).
AN ACT
To amend an Act entitled An Act to amend an Act creating the
State Court of Cobb County (formerly the Civil and Criminal Court of
Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as
amended, so as to create an office of magistrate; 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., approved March 19, 1974 (Ga. Laws 1974, p. 2212), as
amended, so as to change the compensation of the magistrates; to
prohibit the magistrates from engaging in the practice of law; 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:
GEORGIA LAWS 1981 SESSION
4199
Section 1. An Act entitled An Act to amend an Act creating the
State Court of Cobb County (formerly the Civil and Criminal Court of
Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as
amended, so as to create an office of magistrate; 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., approved March 19, 1974 (Ga. Laws 1974, p. 2212), as
amended, is hereby amended by striking subsection (a) of Section 3 of
that 1974 amendatory Act in its entirety and substituting in lieu
thereof the following:
(a) The two magistrates shall be elected by the electors of Cobb
County. Each magistrate shall receive an annual salary of $24,900.00
to be paid in equal monthly installments from the funds of Cobb
County. The magistrate shall not engage in the practice of law.
Section 2. An Act entitled An Act to amend an Act creating the
State Court of Cobb County, approved March 26, 1964 (Ga. Laws
1964, p. 3211), as amended, particularly by an Act approved March
17,1978 (Ga. Laws 1978, p. 4096), so as to change the compensation of
the magistrates; to provide an effective date; to repeal conflicting
laws; and for other purposes., approved April 11, 1979 (Ga; Laws
1979, p. 4506), is hereby repealed in its entirety.
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
1981 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.
4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
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 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 30, February 6,
13,1981.
/s/ Ken Nix
Representative,
20th District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4201
COMPENSATION OF NAMED OFFICIALS OF
CERTAIN COUNTIES (180,000 - 190,000)
(180,000 - 205,000).
No. 426 (House Bill No. 1022).
AN ACT
To amend an Act providing 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, approved March 2, 1979 (Ga. laws
1979, p. 3085), as amended by an Act approved March 18, 1980 (Ga.
Laws 1980, p. 3600), so as to change certain provisions relative to the
census; to change the compensation of certain officers in said coun-
ties; to establish a policy for the development of a compensation plan;
to provide for restrictions upon future raises; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of certain
officers of counties of this state having a population of not less than
180,000 nor more than 190,000, approved March 2, 1979 (Ga. Laws
1979, p. 3085), as amended by an Act approved March 18,1980 (Ga.
Laws 1980, p. 3600), is hereby amended by striking paragraph (1) of
subsection (a) of Section 1 in its entirety and inserting in lieu thereof
a new paragraph (1) to read as follows:
(1) (A) 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 205,000 according to the
United States decennial census of 1980 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:
4202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tax commissioner .............$ 31,000.00 per annum
Sheriff......................... 29,400.00 per annum
Clerk of the superior
court ........................ 28,900.00 per annum
Clerk of the state
court ........................ 26,300.00 per annum
Sheriff of the state
court ........................ 28,900.00 per annum
Judge of the
municipal court............... 31,000.00 per annum
Judge of the
recorders court.............. 37,800.00 per annum
Judge of the probate
court ........................ 37,800.00 per annum
Judge of the juvenile
court ........................ 36,000.00 per annum
Judge of the state
court ........................ 42,000.00 per annum
Coroner.......................... 8,200.00 per annum
(B) (i) Except as provided in division (ii), no person
who shall occupy the offices set forth as follows:
Tax commissioner
Sheriff
Clerk of superior court
Clerk of state court
Sheriff of state court
Judge of the municipal court
Judge of the recorders court
Judge of the probate court
Judge of the juvenile court
Judge of the state court
Coroner
GEORGIA LAWS 1981 SESSION
4203
shall be entitled to any increase in compensation, other
than retirement contributions or increases in any plan of
sickness, accident, or health insurance funded in whole or
in part by municipal or county funds or any successor
thereto, during the term to which that person was elected
or appointed.
(ii) The General Assembly may at any time pro-
vide for cost-of-living increases for such offices; provided,
however, such cost-of-living increases shall not exceed
the cost-of-living increase given employees of the county
for that year.
(C) Prior to December 1 of each calendar year, any
officer listed in subparagraph (B) seeking an increase in
compensation shall submit in writing to the delegation repre-
senting such county in the General Assembly a petition
setting forth any recommended changes in compensation
together with supporting documents as may be deemed
appropriate. A copy of such petition shall be submitted to
the governing authority of such county. The members of the
General Assembly shall then consider the evidence presented
after consultation with the commissioners and shall take such
action as they may deem appropriate.
Section 2. This Act shall become effective on July 1,1981.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COBB COUNTYCOMPENSATION
OF CLERK.
No. 427 (House Bill No. 1020).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4200), so as to change the compensation of the clerk of the court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4200), is hereby amended by adding to Section 23 immediately after
the following:
On and after April 1,1980, the annual salary of said clerk shall be
$22,900.00.,
the following:
Said annual salary of the clerk shall be increased by 8 percent on
the effective date of this sentence and by an additional 8 percent on
April 1,1982.
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
1981 session of the General Assembly of Georgia, a bill to amend an
GEORGIA LAWS 1981 SESSION
4205
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 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Fred Aiken who, on oath, deposes and
says that he/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 9,16,23,1981.
/s/ Fred Aiken
Representative,
21st District
4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BRYAN COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 428 (House Bill No. 1023).
AN ACT
To amend an Act creating the Small Claims Court of Bryan
County, approved April 7, 1977 (Ga. Laws 1977, p. 4504), so as to
change the jurisdiction of said court; to change the provisions relating
to service of process; 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 the Small Claims Court of Bryan
County, approved April 7, 1977 (Ga. Laws 1977, p. 4504), is hereby
amended by striking from Section 1 the following:
$2,000.00,
and inserting in lieu thereof the following:
$2,500.00,
GEORGIA LAWS 1981 SESSION
4207
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 Bryan 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. Said Act is further amended by designating the first
paragraph of Section 6 as subsection (a) thereof and by striking
subsections (a) through (f) in their entirety and substituting in lieu
thereof new subsections (b) through (f) to read as follows:
(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 30 days
from the date of the service of said notice.
4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. 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. (a) The plaintiff, when he files his claim, shall deposit
with the court a sum, in accordance with the schedule set forth in
subsection (b) of this section, 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.
(b) The sum to be deposited by the plaintiff with the court shall
be as follows:
When the amount of the claim is: The deposit shall be:
Up to $500 .............................................$ 10.00
Over $500 but not over $1,000 .......................... 15.00
Over $1,000 but not over $1,500 ....................... 20.00
Over $1,500 but not over $2,000 ....................... 25.00
Over $2,000............................................ 30.00
(c) 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 deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. 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.
GEORGIA LAWS 1981 SESSION
4209
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of Bryan County, approved April
7,1977 (Ga. Laws 1977, p. 4505); and for other purposes.
This 21st day of January, 1981.
Glenn Bryant
Senator
State of Georgia
County of Liberty.
Personally appeared before me, the undersigned Notary Public
James H. Wynn who after being duly sworn stated under oath that he
is the Publisher and Editor of The Coastal Courier newspaper, a
newspaper of general circulation published in the city of Hinesville,
Georgia, and who further states under oath that the advertisement
attached hereto and made a part of this affidavit appeared in The
Coastal Courier on 27 Jan., 3 and 10 Feb. 1981.
/s/ James H. Wynn
Sworn to and subscribed before me,
this 18th day of February, 1981.
/s/ Maureen Willcox
My commission expires 5th Jan. 1985.
(Seal).
Approved April 6,1981.
4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF IDEALTERMS OF MAYOR AND
COUNCILMEN.
No. 429 (House Bill No. 1025).
AN ACT
To amend an Act incorporating the City of Ideal, formerly Town
of Ideal, approved August 22, 1907 (Ga. Laws 1907, p. 730), as
amended, particularly by an Act approved March 17, I960 (Ga. Laws
1960, p. 2733), so as to change the terms of office of the mayor and
councilmen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Ideal, formerly Town
of Ideal, approved August 22, 1907 (Ga. Laws 1907, p. 730), as
amended, particularly by an Act approved March 17,1960 (Ga. Laws
1960, p. 2733), is hereby amended by striking Section 4 in its entirety
and inserting in lieu thereof a new Section 4 to read as follows:
Section 4. An election shall be held in said city on the first
Thursday in December in each year that a term of office of a
councilman or term of office of the mayor expires for the purpose of
electing candidates to fill such vacancies which shall occur in the
offices of the mayor or city council. The duly elected and qualified
successors to those individuals who are now serving as mayor and
councilman shall take office upon the expiration of the terms of the
present incumbents and shall serve for a term of four years and until
their successors are elected and qualified. Thereafter, successors
shall serve for terms of four years and until their successors are
elected and qualified. The polls shall be opened by 7:00 A.M. and
closed at 7:00 P.M. No one shall be entitled to vote in said election or
any municipal election of said city unless he is a duly registered voter
of said city, and to be so registered he must first be registered to vote
in county elections under the rules required therefor, said city elec-
tions to be conducted under rules and regulations to be prescribed
from time to time by the mayor and council.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
4211
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that it will be introduced at the legal 1981
Session of the General Assembly of Georgia a Bill to amend the
Charter of the City of Ideal, Georgia Laws 1920, page 1017, as
amended, so as to amend the terms of office for the Mayor and
Councilmen of said City, so as to provide for four year term of office of
said Mayor and City Councilmen, so as to take effect beginning with
the regularly scheduled City elections for December 1982, to repeal
conflicting laws and acts, to provide an effective date, and for other
lawful purposes related thereto.
This 6th day of January, 1981.
/s/ J. L. Turner
Mayor, City of Ideal
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 Citizen and Georgian which is the
official organ of Macon County, on the following dates: January 14,
21,28,1981.
/s/ Bryant Culpepper
Representative,
98th District
4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
STATE COURT OF COBB COUNTYDEPUTY
CLERKS, FEES.
No. 431 (House Bill No. 1031).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p.
3188), and an Act approved April 11,1979 (Ga. Laws 1979, p. 3481), so
as to provide for a chief deputy clerk; to provide for the selection of
the chief deputy clerk; to provide for the duties, powers, and responsi-
bilities of the chief deputy clerk; to provide for deputy clerks; to
provide for the salary of the chief deputy clerk; to change certain fees;
to provide for a 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 creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p.
3188), and an Act approved April 11,1979 (Ga. Laws 1979, p. 3481), is
hereby amended by striking subsection (b) of Section 17 of said Act,
which reads as follows:
GEORGIA LAWS 1981 SESSION
4213
(b) The clerk is authorized to appoint chief deputy clerks who
shall be authorized to discharge all of the duties of the clerk during
the clerks absence, and said chief deputy clerks may at any time
discharge any and all of such duties and powers of the clerk as the
clerk may delegate to them. The clerk is also further authorized to
designate appropriate deputy clerks under his jurisdiction who shall
be authorized to perform any and all duties and powers of the clerk as
the clerk or, in his absence, the chief deputy clerks may delegate to
them.,
and substituting in lieu thereof the following:
(b) (1) The clerk of the State Court of Cobb County shall,
effective April 1,1981, appoint a chief deputy clerk who shall serve
until December 31, 1984, and until his successor is selected and
qualified under paragraph (2).
(2) (A) The successor to the chief deputy clerk of the State
Court of Cobb County whose term of office expires on
December 31,1984, and their successors shall be selected as
provided in subparagraph (B).
(B) Each candidate for the office of clerk of the State
Court of Cobb County shall, at the time he qualifies to run for
the office of clerk, designate and certify to the judge of the
probate court the name of the person who shall be his chief
deputy clerk. The person so named by the clerk of the State
Court of Cobb County who is elected at each such election
shall serve as the chief deputy clerk for a term of office to run
concurrent with the term of office of the clerk and until his
successor is selected and qualified.
(3) In the event a vacancy occurs in the office of clerk of the
State Court of Cobb County for any reason, the chief deputy clerk
shall, upon taking the oath of office prescribed for the clerk, fill
the unexpired term of the clerk and until his successor is elected
and qualified. The chief deputy clerk is authorized, during the
clerks absence, to discharge all of the duties and powers of the
clerk. The chief deputy clerk is also authorized, when directed by
the clerk, to discharge any and all of the duties and powers of the
clerk. The clerk is authorized to designate appropriate deputy
clerks under his jurisdiction who shall be authorized to perform
any and all duties and powers of the clerk as the clerk or, in his
absence, the chief deputy clerk may delegate.
4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) The salary of the chief deputy clerk shall be $21,600.00
per annum to be paid in equal monthly installments from the
funds of Cobb County.
(5) In the event a vacancy occurs in the office of chief
deputy clerk of the State Court of Cobb County for any reason, the
clerk of the state court shall, within 30 days, appoint a chief
deputy clerk who shall serve for the unexpired term and until his
successor is selected and qualified. The clerk of the state court
shall certify the name of the chief deputy clerk to the judge of the
probate court, and the chief deputy clerk shall take office upon
taking the oath of office.
Section 2. Said Act is further amended by striking that portion
of Section 20 of said Act, which reads as follows:
Section 20. From and after May 1,1977, each party filing a suit
or proceeding of any character, except a garnishment proceeding, in
the State Court of Cobb County shall deposit with the clerk of said
Court, except as hereinafter provided, the total cost, which shall
include judgment and fi. fa. for all suits and proceedings of any
character, except garnishment proceedings and proceedings against
tenants holding over, irrespective of how they shall be terminated,
which shall be $10.00 plus $4.00 for each defendant more than one,
provided, however, where the principal amount involved is more than
$300.00, the cost shall be $20.00 plus $6.00 for each defendant more
than one. The total cost, except as hereinafter provided for a
garnishment proceeding, irrespective of how it shall be terminated,
shall be $10.00 plus $4.00 for each summons more than one, provided,
however, where the principal amount involved is more than $300.00
the cost shall be $20.00 plus $6.00 for each summons more than one.
The total cost, except as hereinafter provided, for a proceeding
against tenant holding over, irrespective of how it shall be terminated,
shall be $15.00 plus $4.00 for each summons more than one. In
addition to the foregoing costs, the clerk of said Court shall charge
and collect costs as follows:
For issuing scire facias each
defendant including service..........................$3.00
For each verdict rendered more
than one and docketing same..........................$2.00
For each judgment more than one
and docketing same................................$3.00
GEORGIA LAWS 1981 SESSION
4215
For each motion for a new trial
and docketing same....................................$1.00
For affidavit to obtain alias
fi. fa.................................................$1.00
For taking and approving
supersedeas bond ......................................$3.00
For answering each writ of
certiorari.............................................$3.00
For filing and docketing each
appeal to the appellate
division, including filing
all briefs............................................$3.00
For each motion for judgment
notwithstanding the verdict
and docketing same....................................$1.00
For entering judgment or remittiture
from the Court of Appeals or the
Supreme Court ........................................$3.00
For exemplification of records, per
hundred words.........................................$ .20
For affidavit where no cause is
pending ..............................................$1.00
For certificate and seal of court.......................$1.50
For certified copy under Code
section 38-627 .......................................$2.50
For filing and docketing each
traverse of answer of
garnishment including service.........................$6.00
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.,
and substituting in lieu thereof the following:
Section 20. From and after May 1,1981, each party filing a suit
or proceeding of any character, except a garnishment proceeding, in
the State Court of Cobb County shall deposit with the clerk of said
Court, except as hereinafter provided, the total cost, which shall
include judgment and fi. fa. for all suits and proceedings of any
character, except garnishment proceedings and proceedings against
tenants holding over, irrespective of how they shall be terminated,
which shall be $10.00 plus $4.00 for each defendant more than one,
4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided, however, where the principal amount involved is more than
$300.00, the cost shall be $20.00 plus $6.00 for each defendant more
than one. Except as hereinafter provided, the total cost for a
garnishment proceeding, regardless of how terminated, shall be
$10.00 plus $4.00 for each summons more than one. The total cost for
a garnishment proceeding where the principal amount involved is
more than $300.00, regardless of how terminated, shall be $20.00 plus
$6.00 for each summons more than one. The total cost for a continu-
ing garnishment, regardless of how terminated, shall be $30.00.
Except as hereinafter provided, the total cost for a proceeding
against a tenant holding over shall be $20.00 plus $6.00 for each
summons more than one. In addition to the foregoing costs, the clerk
of said Court shall charge and collect costs as follows:
For issuing scire facias each
defendant including service..........................$ 3.00
For each verdict rendered more
than one and docketing same.......................... 2.00
For each judgment more than one
and docketing same.................................... 3.00
For each motion for a new trial
and docketing same.................................... 1.00
For affidavit to obtain alias fi. fa.................... 1.00
For taking and approving supersedeas
bond.................................................. 3.00
For answering each writ of certiorari................... 3.00
For filing and docketing each appeal
to the appellate division, including
filing all briefs..................................... 3.00
For each motion for judgment
notwithstanding the verdict
and docketing same.................................... 1.00
For each summons more than two to the
same defendant in the same case due
to multiple addresses................................. 6.00
For entering judgment or remittiture
from the Court of Appeals or the
Supreme Court ........................................ 3.00
For exemplification of records, per
hundred words............................................20
For affidavit where no cause is pending................. 1.00
For certificate and seal of court....................... 1.50
For certified copy under Code section
38-627............................................. 2.50
GEORGIA LAWS 1981 SESSION
4217
For filing and docketing each traverse
of answer of garnishment including
service .............................................. 6.00
For each additional attempted service
of process on a defendant after the
second diligent attempt to serve
process by the marshal................................ 6.00
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.
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
1981 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 9th day of January, 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
239
4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 30, February 6,
13,1981.
/s/ Ken Nix
Representative,
20th District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4219
COBB COUNTYPROBATE COURT CLERKS
COMPENSATION, DEPUTY CLERKS, ETC.
No. 432 (House Bill No. 1032).
AN ACT
To amend an Act changing the compensation of the clerk of the
Superior Court, the sheriff, and the judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9,1949 (Ga. Laws 1949, p. 427), as amended, particularly by
an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), so as to
change the compensation of the clerk of the Probate Court of Cobb
County; to provide for deputy clerks and their compensation; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the clerk of the
Superior Court, the sheriff, and the judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9,1949 (Ga. Laws 1949, p. 427), as amended, particularly by
an Act approved March 23,1977 (Ga. Laws 1977, p. 3938), 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 judge of the probate court of said county shall be
authorized and empowered to employ the clerical help necessary to
perform properly the functions and duties of his office. The clerk of
the probate court shall be compensated in the amount of $20,000.00
per annum, payable in equal monthly installments from the funds of
Cobb County. The judge of the probate court shall be authorized to
employ two deputy clerks who shall each receive an annual salary to
be deternr'ned by the governing authority of Cobb County. The
hiring of additional employees and their salaries shall first be
approved by the governing authority of Cobb County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
4220 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 in the regular
1981 session of the General Assembly of Georgia, a bill amending an
act of changing compensation from fee system of the Superior Court
Clerk, Sheriff and Judge of Probate Court, approved February 19,
1949 (Ga. L. 1949, p. 427) as heretofore amended and for other
purposes.
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned auth rity, duly
authorized to administer oaths, George W. Darden 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: January 30,
February 6,13,1981.
/s/ George W. Darden
Representative,
19th District
GEORGIA LAWS 1981 SESSION
4221
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PAULDING COUNTYCOMPENSATION OF CLERK
OF SUPERIOR COURT AND JUDGE OF
PROBATE COURT.
No. 433 (House Bill No. 1037).
AN ACT
To amend an Act placing certain officers of Paulding County on
an annual salary, approved June 30,1964 (Ga. Laws 1964, Ex. Sess., p.
2246), as amended, particularly by an Act approved March 27, 1972
(Ga. Laws 1972, p. 2733), and an Act approved April 1,1980 (Ga. Laws
1980, p. 4461), so as to change the salary of the clerk of superior court
and the probate judge; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain officers of Paulding County on
an annual salary, approved June 30,1964 (Ga. Laws 1964, Ex. Sess., p.
2246), as amended, particularly by an Act approved March 27, 1972
4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. Laws 1972, p. 2733), and an Act approved April 1,1980 (Ga. Laws
1980, p. 4461), is hereby amended by striking Sections 2 and 4 and
inserting in lieu thereof new sections to read as follows:
Section 2. The clerk of superior court shall receive an annual
salary of $16,000.00 payable in equal monthly installments from
county funds.
Section 4. The probate judge shall receive an annual salary of
$16,000.00 payable in equal monthly installments from county
funds.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 Session of the General Assembly of Georgia, a bill to amend the
Act creating the salaries of the Clerk of the Superior Court of
Paulding County and Judge Probate Court of Paulding County.
This 16th day of February 1981.
Fred V. Aiken,
A. L. (Al) Burruss,
Thomas Murphy,
Joe Mack Wilson,
Steve Thompson and
George (Buddy) Darden,
Representatives,
18th,19th and 21st Districts
GEORGIA LAWS 1981 SESSION
4223
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Fred Aiken who, on oath, deposes and
says that he/she is Representative from the 21st District, and that the
attached copy 6f Notice of Intention to Introduce Local Legislation
was published in the Dallas New Era which is the official organ of
Paulding County, on the following dates: February 18, 25 and March
4,1981.
/s/ V. Fred Aiken
Representative,
21st District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
EFFINGHAM COUNTYCOMPENSATION OF TAX
COMMISSIONER, ETC.
No. 434 (House Bill No. 1039).
AN ACT
To amend an Act creating the office of tax commissioner of
Effingham County, approved April 10,1971 (Ga. Laws 1971, p. 3600),
4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so as to change the compensation of the tax commissioner; to provide
for payment of the employees and expenses of the office of the tax
commissioner; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Effingham County, approved April 10,1971 (Ga. Laws 1971, p. 3600),
is hereby amended by striking in its entirety Section 3 and inserting
in lieu thereof a new Section 3 to read as follows:
Section 3. (a) The tax commissioner shall receive an annual
salary which is equal to the applicable amount specified by the states
general minimum salary law for tax commissioners, as now or hereaf-
ter amended.
(b) The salary of all personnel employed in the office of the tax
commissioner and all other expenses incurred in operating and dis-
charging the responsibilities of the tax commissioners office shall be
paid from funds of Effingham County, subject to the approval of the
county governing authority.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Interest to Introduce Legislation.
Notice is hereby given that there will be introduced at the 1981
regular session of tbe General Assembly of Georgia, a bill to amend an
act creating the office of Tax Commissioner of Effingham County
approved April 10, 1971, (Ga. Laws 1971, page 3600); and for other
purposes.
This 16th day of February, 1981.
Alex Zipperer,
County Attorney
GEORGIA LAWS 1981 SESSION
4225
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 Intro-
duce Local Legislation was published in the Springfield Herald which
is the official organ of Effingham County, on the following dates:
February 19, 26, and March 5,1981.
/s/ George A. Chance, Jr.
Representative,
129th District
Sworn to and subscribed before me,
this 9th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WALTON COUNTYPARTICIPATION BY COUNTY
OFFICERS AND EMPLOYEES IN HEALTH
INSURANCE PLANS.
No. 435 (House Bill No. 1040).
AN ACT
To amend an Act providing for a change in the compensation of
certain Walton County officers, approved March 23,1977 (Ga. Laws
1977, p. 3924), so as to authorize the participation by Walton County
officers and their employees in any group health insurance plan
provided for by the governing authority of Walton County; to provide
for 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 providing for a change in the compensation of
certain Walton County officers, approved March 23,1977 (Ga. Laws
1977, p. 3924), is hereby amended by adding at the end of Section 2 a
new subsection (d) to read as follows:
(d) In addition to compensation and expenses provided for by
other provisions of this Section, Walton County officers and their
employees may, at the option of each such county officer, participate
in any group health insurance plan, in accordance with the terms and
conditions of such plan, provided for by the governing authority of
Walton County, and any funds necessary as an employer contribution
to effectuate such participation shall be paid from the funds of
Walton County.
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 I will introduce legislation at the
regular 1981 session of the General Assembly of Georgia for the
purpose of providing group health insurance through Walton County
Board of Commissioners for the elected officials of Walton County; to
repeal conflicting laws and for other purposes.
GEORGIA LAWS 1981 SESSION
4227
This 17th day of February, 1981.
R. Neal Jackson
Representative,
75th District
Affidavit of Publisher
This is to certify that the attached advertisement was published in
the Walton Tribune, a newspaper having general circulation in
Walton County, Georgia, on February 19,26 and March 5.
/s/ Sybil Fishpaw for
Publisher.
/s/ James F. Milhous, Jr.
Sworn to and subscribed before me,
this 6th day of March, 1981.
/s/ Jean F. Head
Notary Public.
My Commission Expires April 10, 1981.
(Seal).
Approved April 6,1981.
4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CORDELELIENS.
No. 436 (House Bill No. 1041).
AN ACT
To amend an Act reincorporating the City of Cordele in Crisp
County, approved March 28, 1969 (Ga. Laws 1969, p. 3806), so as to
provide for a lien on certain property for the nonpayment of fees for
certain utility services; 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 Cordele in Crisp
County, approved March 28,1969 (Ga. Laws 1969, p. 3806), is hereby
amended by adding at the end of Section 5.11 the following:
Where the owner of the property served is the customer receiving
services or the owner is a partner in the firm or a stockholder in the
corporation receiving services, said fees for services shall be a charge
and lien against the real estate at the location where such services are
provided, and such lien shall be superior to all other liens except for
county and city property taxes and shall be enforceable in the same
manner and under the same remedies as a lien for ad valorem taxes.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Apply For Local Legislation.
Pursuant to provisions of Section 2.1309, Georgia Code Anno-
tated, notice is hereby given of the intention of the City of Cordele to
apply for local legislation in the general assembly to amend Section
5.11 of the Charter of the City of Cordele (Georgia-Laws, 1969, pp.
3844, 3845), so as to provide that in certain cases certain utility
charges shall be a lien against the real estate at the location where
such services are provided.
And, to amend Section 2.40(b) of the Charter of the City of
Cordele (Georgia Laws, 1969, p. 3828) relating to the procedure for
adopting ordinances.
GEORGIA LAWS 1981 SESSION
4229
This the 20th day of January, 1981.
Cordele City Commission
Perry M. Culpepper,
Chairman
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: February 5,12,
19,1981.
/s/ Howard Rainey
Representative,
135 District
Sworn to and subscribed before me,
this 9th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GREENE COUNTYMOTOR VEHICLE FOR USE BY
SHERIFF.
No. 437 (House Bill No. 1042).
AN ACT
To amend an Act placing certain county officers of Greene County
upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p.
2182), as amended, so as to change the provisions relating to the use of
a motor vehicle by the sheriff in carrying out his duties; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain county officers of Greene
County upon an annual salary, approved March 6, 1961 (Ga. Laws
1961, p. 2182), as amended, is hereby amended by adding at the end of
subsection (b) of Section 2, immediately following the word sheriff,
the following:
; provided, however, that, in lieu of reimbursing the sheriff for
the use of his personal motor vehicle in the performance of his official
duties, the governing authority of Greene County shall be authorized
to furnish the sheriff of Greene County one or more suitable motor
vehicles for carrying out his official duties,
so that when so amended subsection (b) shall read as follows:
(b) The sheriff shall be paid or reimbursed at the rate of eight
(8$) cents per mile for the use of his personal motor vehicle in the
performance of his official duties, payable monthly from the funds of
Greene County upon an itemized statement thereof being submitted
on or before the last day of the month by the sheriff; provided,
however, that, in lieu of reimbursing the sheriff for the use of his
personal motor vehicle in the performance of his official duties, the
governing authority of Greene County shall be authorized to furnish
the sheriff of Greene County one or more suitable motor vehicles for
carrying out his official duties.
Section 2. This Act shall become effective July 1,1981.
GEORGIA LAWS 1981 SESSION
4231
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 1981
session of the general assembly of Georgia, a bill to amend an act
placing certain county officers of Greene County on a salary basis in
lieu of a fee basis, Approved March 6,1961, Ga. L. 1961 page 2182
and for other purposes.
This 16th day of February 1981.
E. R. Lambert
Representative,
112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Roy 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: February 20, 27, and
March 6,1981.
/s/ E. Roy Lambert
Representative,
112th District
4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
CARROLL COUNTYCOMPENSATION OF CORONER.
No. 438 (House Bill No. 1045).
AN ACT
To amend an Act placing the Coroner of Carroll County on an
annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 2924), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 3328), so as to provide an expense allowance for the Coroner
of Carroll County; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Coroner of Carroll County on an
annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 2924), as
amended, particularly by an Act approved March 23,1977 (Ga. Laws
1977, p. 3328), is hereby amended by adding at the end of Section 2
the following:
The Coroner shall also receive an expense allowance of $100.00
per month, payable monthly from county funds under such condi-
tions as the county governing authority may provide.,
GEORGIA LAWS 1981 SESSION
4233
so that when so amended said Section 2 shall read as follows:
Section 2. The Coroner of Carroll County shall receive a monthly
salary of $200.00, payable monthly from county funds. The Coroner
shall also receive an expense allowance of $100.00 per month, payable
monthly from county funds under such conditions as the county
governing authority may provide.
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
1981 Session of the General Assembly of Georgia a bill to change the
compensation of the Coroner of Carroll County and for other pur-
poses.
This 27th day of January, 1981.
Charles A. Thomas, Jr.
Wayne Garner
Gerald L. Johnson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles Thomas who, on oath,
deposes and says that he/she is Representative from the 66th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Daily Times-Georgian which is the
official organ of Carroll County, on the following dates: January 29,
February 5,12,1981.
4234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Charles Thomas
Representative,
66th District
Sworn to and subscribed before me,
this 9th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
MARION COUNTYCOMPENSATION OF SHERIFFS
DEPUTY.
No. 439 (House Bill No. 1053).
AN ACT
To amend an Act abolishing the fee system of compensating the
sheriff of Marion County and providing in lieu thereof an annual
salary, approved March 30, 1965 (Ga. Laws 1965, p. 2828), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 3481), so as to change the compensation of the deputy sheriff;
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
sheriff of Marion County and providing in lieu thereof an annual
salary, approved March 30, 1965 (Ga. Laws 1965, p. 2828), as
amended, particularly by an Act approved April 17, 1975 (Ga. Laws
1975, p. 3481), is hereby amended by striking from Section 8 the
following:
GEORGIA LAWS 1981 SESSION
4235
eight thousand five hundred dollars ($8500.00) per annum,
and substituting in lieu thereof the following:
ten thousand five hundred dollars ($10,500.00) per annum,
beginning January 1,1981,,
so that when so amended Section 8 shall read as follows:
Section 8. The Sheriff of Marion County is hereby authorized to
appoint one full-time deputy who shall be compensated in an amount
of ten thousand five hundred dollars ($10,500.00) per annum, begin-
ning January 1, 1981, to be paid in equal monthly installments from
the funds of Marion County. The governing authority of Marion
County shall not be authorized to provide compensation for any other
personnel for said sheriff, but the Sheriff of Marion County shall
nevertheless be authorized to appoint such additional deputy sheriffs
and jailers as he may deem necessary, provided provisions are made
by him for their compensation out of funds not belonging to Marion
County or from funds to which Marion County is entitled.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act providing an annual salary for the sheriff of Marion County,
approved March 30,1965 (Ga. Laws 1965, p. 2828), as amended, so as
to change the compensation of the deputy sheriff; and for other
purposes.
This 20th day of January, 1981.
Ward Edwards
Representative,
110th District
4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Affidavit
This is to certify that the Legal Notice pertaining to the Notice of
Intent to Introduce Local Legislation regarding the compensation of
the deputy sheriff has been published in our newspaper. This legal
was published in the following issues: January 22, January 29, and
February 5,1981.
This the 19th day of February, 1981.
The Patriot-Citizen
/s/ Robert E. Tribble
Publisher
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Mike Hale
Notary Public.
(Seal).
Approved April 6, 1981.
GEORGIA LAWS 1981 SESSION
4237
MUNICIPALITIESANNEXATION BASED UPON
POPULATION OF COUNTIES (200,000 - 500,000)
(350,000 - 500,000).
No. 440 (House Bill No. 1057).
AN ACT
To amend an Act prohibiting certain annexations by municipali-
ties located in counties having a population of not less than 200,000
and not more than 500,000 according to the United States decennial
census of 1970 or any future such census, approved April 14,1971 (Ga.
Laws 1971, p. 4112), so as to change the population brackets in said
Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act prohibiting certain annexations by municipal-
ities located in counties having a population of not less than 200,000
and not more than 500,000 according to the United States decennial
census of 1970 or any future such census, approved April 14,1971 (Ga.
Laws 1971, p. 4112), is hereby amended by striking from Section 2 the
following figure:
200,000,
and inserting in lieu thereof the following figure:
350,000,
so that when so amended Section 2 of said Act 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 such future census.
4238 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 April 6,1981.
SHERIFFS DUTIES IN CERTAIN COUNTIES
(250,000 - 500,000) (350,000 - 500,000).
No. 442 (House Bill No. 1060).
AN ACT
To amend an Act prescribing the duties of sheriffs in counties
having a population of 250,000 and not more than 500,000, according
to the 1960 United States Census and any future such census,
approved March 24,1964 (Ga. Laws 1964, p. 2885), so as to change the
population figures in said Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act prescribing the duties of sheriffs in counties
having a population of 250,000 and not more than 500,000, according
to the 1960 United States Census and any future such census,
approved March 24,1964 (Ga. Laws 1964, p. 2885), is hereby amended
by striking from Section 1 the following:
250,000 and not more than 500,000 according to the 1960 United
States Census,
and inserting in lieu thereof the following:
not less than 350,000 nor more than 500,000 according to the
United States decennial census of 1970,
so that when so amended Section 1 of said Act shall read as follows:
GEORGIA LAWS 1981 SESSION
4239
Section 1. That from and after the passage and approval of this
bill in counties having a population of not less than 350,000 nor more
than 500,000 according to the United States decennial census of 1970
or any future such census, it shall be the duty of the sheriffs of such
counties to receive, confine, feed and care for all persons charged with
the violation of any ordinances of such counties whether such person
is being held pending a hearing before the recorders courts of such
counties or has been sentenced by said recorders courts to impris-
onment in the county jail in the same manner as persons charged with
an indictable offense.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
SOLD SIGNS ON REAL PROPERTY IN CERTAIN
COUNTIES (350,000 - 500,000)
(400,000 - 500,000).
No. 444 (House Bill No. 1061).
AN ACT
To amend an Act providing that in counties of this state having a
population of not less than 400,000 nor more than 500,000, according
to the United States Decennial Census of 1970 or any future such
census, it shall be lawful to erect signs bearing the word SOLD on
certain residential property, approved April 24,1975 (Ga. Laws 1975,
p. 4533), so as to change the provisions relative to population; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing that in counties of this state having
a population of not less than 400,000 nor more than 500,000, accord-
ing to the United States Decennial Census of 1970 or any future such
4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
census, it shall be lawful to erect signs bearing the word SOLD on
certain residential property, approved April 24,1975 (Ga. Laws 1975,
p. 4533), is hereby amended by striking from Section 1 the following
figure:
400,000,
and inserting in lieu thereof the following figure:
350,000,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. In each county of this State having a population of not
less than 350,000 nor more than 500,000 persons, according to the
1970 United States Decennial Census or any future such census, it
shall be lawful for any person, firm or corporation to erect or permit to
be erected a sign bearing the word SOLD on the premises of any
single family residential property located within the unincorporated
area of such county, but it shall be unlawful to fail to remove or cause
to be removed such sign bearing the word SOLD from the premises
of any such single family residential property located within the
unincorporated area of such county after five days have elapsed after
the erection of such sign.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4241
BOARDS OF EDUCATIONAUDITS IN CERTAIN
COUNTIES (250,000 - 500,000)
(350,000 - 500,000).
No. 445 (House Bill No. 1062).
AN ACT
To amend an Act requiring the boards of education in certain
counties of this state to publish a summary of all receipts and
expenditures of said boards on a quarterly basis and providing for the
maintenance of audit reports for public inspection, approved April
25, 1969 (Ga. Laws 1969, p. 3654), as amended by an Act approved
March 27, 1972 (Ga. Laws 1972, p. 2404), so as to change the
population brackets in said Act; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act requiring the boards of education in certain
counties of this state to publish a summary of all receipts and
expenditures of said boards on a quarterly basis and providing for the
maintenance of audit reports for public inspection, approved April
25, 1969 (Ga. Laws 1969, p. 3654), as amended by an Act approved
March 27, 1972 (Ga. Laws 1972, p. 2404), is hereby amended by
striking from Section 1 the following:
not less than 250,000 nor more than 500,000 according to the
United States decennial census of 1960,
and inserting in lieu thereof the following:
not less than 350,000 nor more than 500,000 according to the
United States decennial census of 1970,
so that when so amended, Section 1 shall read as follows:
Section 1. In all counties of this State having a population of not
less than 350,000 nor more than 500,000 according to the United
States decennial census of 1970 or any such future census, the board
of education in each such county shall publish quarterly a statement
of all receipts and disbursements. Said statement shall follow as near
as practicable the form and items used in reporting to the State
4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Department of Audits the disbursements of General Fund Expenses.
The statement shall contain a notification that a detailed and
itemized list of all expenditures and receipts of the board for the
immediately preceding year is on file in the office of said board of
education for inspection by the public.
Said items shall include, but are not limited to, disbursements for
administration, instruction, transportation, operation of plant, main-
tenance of plant, fixed charges, and outlays for improvement.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
SELECTION OF TRAVERSE JURORS IN CERTAIN
COUNTIES (250,000 - 500,000)
(350,000 - 500,000).
No. 447 (House Bill No. 1065).
AN ACT
To amend an Act providing for the selection of traverse jurors for
all courts from a single box, approved February 12, 1952 (Ga. Laws
1952, p. 99), as amended by an Act approved April 5, 1961 (Ga. Laws
1961, p. 3000), so as to change the population figures in said Act; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the selection of traverse jurors
for all courts from a single box, approved February 12,1952 (Ga. Laws
1952, p. 99), as amended by an Act approved April 5,1961 (Ga. Laws
1961, p. 3000), is hereby amended by striking from Section 1 the
following:
GEORGIA LAWS 1981 SESSION
4243
250,000 and not more than 500,000 according to the 1960 United
States Census,
and inserting in lieu thereof the following:
350,000 and not more than 500,000 according to the United
States decennial census of 1970,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. Be it enacted by the General Assembly of the State of
Georgia and it is hereby enacted by the authority of same that in all
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 United States census, the jury commis-
sioners of any such counties shall in all future registers of the traverse
jury lists place all tickets bearing the names of traverse jurors in one
box for use by the superior court of said county and shall not place
any such tickets in any other traverse jury box for the use of any other
court or courts in such county. All traverse jury boxes now used in
such county shall be destroyed upon the approval of this Act except
the traverse jury box prepared for the use of the superior court of such
county.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
ACT CREATING SMALL CLAIMS COURTS IN
CERTAIN COUNTIES REPEALED
(33,300 - 34,056).
No. 448 (House Bill No. 1066).
AN ACT
To repeal an Act entitled An Act creating a Small Claims Court
in each county in this State having a population of not less than
4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
33,300 and not more than 34,056 according to the U.S. Decennial
Census of 1960 or any future such census, and including the County of
Colquitt; providing for the appointment, duties, powers, compensa-
tion, qualifications, substitution and tenure of office of the judge of
any such Small Claims Court; prescribing the jurisdiction, the plead-
ing, practice and service of processes therein; providing for a clerk and
prescribing his duties and remuneration; providing for paraphernalia
for such courts; validating acts and proceedings therein; providing the
effective date hereof; to repeal conflicting laws; and for other germane
purposes., approved April 5, 1961 (Ga. Laws 1961, p. 2852), as
amended by an Act approved March 6,1962 (Ga. Laws 1962, p. 3195),
an Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), an Act
approved March 31,1965 (Ga. Laws 1965, p. 3076), an Act approved
April 21,1967 (Ga. Laws 1967, p. 3309), and an Act approved March
26, 1980 (Ga. Laws 1980, p. 4285); to provide an effective date; to
provide conditions for the effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act creating a Small Claims
Court in each county in this State having a population of not less than
33,300 and not more than 34,056 according to the U.S. Decennial
Census of 1960 or any future such census, and including the County of
Colquitt; providing for the appointment, duties, powers, compensa-
tion, qualifications, substitution and tenure of office of the judge of
any such Small Claims Court; prescribing the jurisdiction, the plead-
ing, practice and service of processes therein; providing for a clerk and
prescribing his duties and remuneration; providing for paraphernalia
for such courts; validating acts and proceedings therein; providing the
effective date hereof; to repeal conflicting laws; and for other germane
purposes., approved April 5, 1961 (Ga. Laws 1961, p. 2852), as
amended by an Act approved March 6,1962 (Ga. Laws 1962, p. 3195),
an Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), an Act
approved March 31,1965 (Ga. Laws 1965, p. 3076), an Act approved
April 21, 1967 (Ga. Laws 1967, p. 3309), and an Act approved March
26,1980 (Ga. Laws 1980, p. 4285), is hereby repealed in its entirety.
GEORGIA LAWS 1981 SESSION
4245
Section 2. This Act shall become effective July 1,1981; provided,
however, that, if an Act creating a Small Claims Court in Colquitt
County and providing for other matters relative thereto does not pass
the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
TOWN OF TAZEWELLCHARTER REPEALED.
No. 449 (House Bill No. 1069).
AN ACT
To repeal an Act entitled An Act to create a charter for the town
of Tazewell, Georgia, to establish a municipal government for said
town, to provide the time for electing a mayor and five councilmen for
said town; to define the rights, powers and duties of the same in the
said town and to repeal all conflicting laws., approved December 12,
1953 (Ga. Laws 1953, p. 2325); to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to create a charter for the
town of Tazewell, Georgia, to establish a municipal government for
said town, to provide the time for electing a mayor and five council-
men for said town; to define the rights, powers and duties of the same
in the said town and to repeal all conflicting laws., approved
December 12,1953 (Ga. Laws 1953, p. 2325), is hereby repealed in its
entirety.
4246 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
1981 Session of the General Assembly of Georgia, a bill to repeal the
Act incorporating the City of Tazewell, in the County of Marion
County, approved December 12,1953 (Georgia laws 1953, pages 2325
through 2339), as amended; and for other purposes.
This 29th day of December, 1980.
Ward Edwards
State Representative,
110th House District
Publishers Affidavit
This is to certify that the Legal Notice pertaining to the Notice of
Intent to Introduce Local Legislation regarding the compensation of
the Deputy Sheriff has been published in our newspaper. This legal
was published in the following issues: January 22, 29, and February 5,
1981.
This the 5th day of March, 1981.
The Patriot-Citizen.
/s/ Robert E. Tribble
Publisher
GEORGIA LAWS 1981 SESSION
4247
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Mike Hale
Notary Public.
(Seal).
Approved April 6,1981.
HARALSON COUNTY WATER AUTHORITY-
MEMBERS, ETC.
No. 451 (House Bill No. 1077).
AN ACT
To amend an Act known as the Haralson County Water Author-
ity Act, approved April 10, 1971 (Ga. Laws 1971, p. 3258), so as to
increase the number of members of the Authority from seven to nine;
to provide for appointment and terms; to provide for a quorum; to
provide for filling vacancies; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Haralson County Water
Authority Act, approved April 10,1971 (Ga. Laws 1971, p. 3258), is
hereby amended by striking Section 2, which reads as follows:
Section 2. Haralson County Water Authority. There is hereby
created a body corporate and politic, to be known as the Haralson
County Water Authority, which shall be deemed to be a political
subdivision of the State of Georgia and a public corporation and by
that name, style and title said body may contract and be contracted
with, sue and be sued, implead and be impleaded, complain and
defend in all courts of law and equity. The Authority shall consist of
4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
seven members to be composed as follows: the mayor of Bremen or
someone designated by him, the mayor of Tallapoosa or someone
designated by him, the mayor of Buchanan or someone designated by
him, the mayor of Waco or someone designated by him, the commis-
sioner of Haralson County or someone designated by him, and two
persons appointed by the commissioner of Haralson County. The two
members appointed by the commissioner of Haralson County shall
serve four-year terms. At the time of the appointment of the first two
members, the commissioner shall appoint one member for a two-year
term and one member for a four-year term, and thereafter the terms
for such members appointed by the commissioner shall be four years.
Four members shall constitute a quorum. No vacancy on the Author-
ity shall impair the right of the quorum to exercise all the rights and
perform all the duties of the Authority. The members of the
Authority shall elect a chairman and vice-chairman of the Authority
from among the members thereof and shall also elect a secretary-
treasurer who need not be a member of the authority. The members of
the Authority shall determine their compensation for serving in such
capacity. The authority shall make rules and regulations for its own
government. It shall have perpetual existence.,
in its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. Haralson County Water Authority. There is hereby
created a body corporate and politic, to be known as the Haralson
County Water Authority, which shall be deemed to be a political
subdivision of the State of Georgia and a public corporation and by
that name, style and title said body may contract and be contracted
with, sue and be sued, implead and be impleaded, complain and
defend in all courts of law and equity. The Authority shall consist of
nine members to be composed as follows: the mayor of Bremen or
someone designated by him, the mayor of Tallapoosa or someone
designated by him, the mayor of Buchanan or someone designated by
him, the mayor of Waco or someone designated by him, the commis-
sioner of Haralson County or someone designated by him, two per-
sons appointed by the commissioner of Haralson County, and two
persons appointed as hereinafter provided. The two members
appointed by the commissioner of Haralson County shall serve four-
year terms. At the time of the appointment of the first two members,
the commissioner shall appoint one member for a two-year term and
one member for a four-year term, and thereafter the terms for such
members appointed by the commissioner shall be four years. The two
GEORGIA LAWS 1981 SESSION
4249
members added by the 1981 amendment to this section shall be
appointed and shall have terms as follows: one member shall be
appointed by the mayor of Bremen and one member shall be
appointed by the mayor of Tallapoosa. Both of such members shall
be appointed prior to May 1,1981, and shall take office on that date
for a term running through June 30, 1982. Successors to such
members shall be appointed during the month of June, 1982, and
shall take office on July 1, 1982, for a term of two years. Future
successors shall be appointed each two years thereafter in the month
of June and shall take office on July 1 for a term of two years.
Members shall hold over until their successors are appointed and take
office. Members may succeed themselves in office. Five members
shall constitute a quorum. No vacancy on the Authority shall impair
the right of the quorum to exercise all the rights and perform all the
duties of the Authority. The members of the Authority shall elect a
chairman and vice-chairman of the Authority from among the mem-
bers thereof and shall also elect a secretary-treasurer who need not be
a member of the Authority. The members of the Authority shall
determine their compensation for serving in such capacity. The
Authority shall make rules and regulations for its own government. It
shall have perpetual existence.
Section 2. Said Act is further amended by adding at the end of
Section 3 the following:
In the event of a vacancy in the membership of the Authority by
reason of the death, resignation, or disability of a member appointed
by the mayor of Bremen or the mayor of Tallapoosa in 1981 or of any
successor of any such member, such vacancy shall be filled by the
appointing authority.,
so that when so amended Section 3 shall read as follows:
Section 3. Vacancies. In the event of a vacancy in the member-
ship of the Authority by reason of death, cause, resignation or
disability of one of the members appointed by the commissioner, said
vacancy shall be filled by the commissioner of Haralson County. In
the event of a vacancy in the membership of the Authority by reason
of the death, resignation, or disability of a member appointed by the
mayor of Bremen or the mayor of Tallapoosa in 1981 or of any
successor of any such member, such vacancy shall be filled by the
appointing authority.
240
4250 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
1981 session of the General Assembly, a bill to change the member-
ship of the Haralson County Water Authority; and for other purposes.
This 29th day of January, 1981.
Haralson County Water
Authority
By: Jim F. Smith, Chairman
Georgia, Carroll County.
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: February 5,12, and 19,1981.
Sworn to on the 20 day of
February, 1981.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 20th day of February, 1981.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4251
COOK COUNTYCOMPENSATION OF COUNTY
COMMISSIONERS.
No. 452 (House Bill No. 1079).
AN ACT
To amend an Act creating a board of commissioners for Cook
County, approved August 12, 1919 (Ga. Laws 1919, p. 627), as
amended, particularly by an Act approved March 13,1978 (Ga. Laws
1978, p. 3577), so as to change the provisions relating to the compen-
sation of the members of the board of commissioners; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Cook
County, approved August 12, 1919 (Ga. Laws 1919, p. 627), as
amended, particularly by an Act approved March 13,1978 (Ga. Laws
1978, p. 3577), is hereby amended by striking in its entirety subsec-
tion (a) of Section 17, which reads as follows:
(a) The Chairman of the Board of Commissioners shall receive
one hundred dollars ($100.00) per month, and the other members of
the Board of Commissioners shall each receive seventy-five dollars
($75.00) per month. The Chairman shall be elected at the first regular
meeting in January of each year by the members of the Board of
Commissioners, from among the members of the Board of Commis-
sioners. No expenses shall be paid to the Commissioners except for
actual expenses incurred by them in carrying on county business
while outside Cook County. The last item shall be paid only when
authorized by the whole Board and submitted as an itemized state-
ment to the clerk of said Board. The above authorized compensation
and expenses shall be paid from the funds of the county each
month.,
4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) The chairman of the board of commissioners shall receive
$100.00 per month, and the other members of the board of commis-
sioners shall each receive $75.00 per month. The chairman shall be
elected at the first regular meeting in January of each year by the
members of the board of commissioners from among the members of
the board of commissioners. Each member of the board of commis-
sioners, including the chairman, shall also receive an expense allow-
ance of $50.00 per month and shall be paid actual expenses incurred
by him in carrying on county business while outside Cook County.
The expense outside the county shall be paid only when authorized by
the whole board and submitted as an itemized statement to the clerk
of said board. The above-authorized compensation and expenses
shall be paid from the funds of the county each month.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act, as said act is presently amended, which provides for the compen-
sation and mode of compensation for the Commissioners of Roads
and Revenues of Cook County, Georgia, so as to increase the salaries
of the Commissioners of Roads and Revenues of said County and for
other purposes.
This the 13th day of January 1981.
Representative Delegation
for the 146th District of
the State of Georgia.
GEORGIA LAWS 1981 SESSION
4253
To Whom It May Concern:
This is to certify that the attached advertisement was printed in
The Adel News official publication for Cook County, Georgia on
January 14, 21, and 28, 1981. Copy of advertisement as printed in
newspaper is attached.
This 10th day of February, 1981.
/s/ J. M. Mason
Publisher
Sworn to and subscribed before me,
this 10th day of February, 1981.
/s/ Edith C. Cox
Notary Public, Georgia, State at Large.
My Commission Expires Jan. 4, 1983.
(Seal).
Approved April 6,1981.
BLECKLEY COUNTYCOMPENSATION OF CLERK
OF SUPERIOR COURT.
No. 453 (House Bill No. 1080).
AN ACT
To amend an Act placing the clerk of the Superior Court of
Bleckley County upon an annual salary, approved April 3,1969 (Ga.
Laws 1969, p. 3312), as amended, so as to change the compensation of
the clerk of the superior court; to provide for a cost-of-living increase;
4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
Bleckley County upon an annual salary, approved April 3,1969 (Ga.
Laws 1969, p. 3312), as amended, is hereby amended by striking
subsection (a) of Section 3 of said Act in its entirety and substituting
in lieu thereof the following:
(a) The clerk of the superior court shall receive an annual
salary of $13,500.00 payable in equal monthly installments from the
funds of Bleckley County. Effective January 1,1982, and each year
thereafter, the clerk of the superior court shall receive an annual cost-
of-living increase. Such cost-of-living increase shall be determined by
multiplying the annual salary for the previous year by 5 percent.
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
1981 session of the General Assembly of Georgia legislation to adjust
the salaries of the elected officials of Bleckley County.
/s/ Ben Jessup
Representative,
District 117
GEORGIA LAWS 1981 SESSION
4255
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the 117th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cochran Journal which is the official organ
of Bleckley County, on the following dates: February 11,18,25,1981.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BLECKLEY COUNTYCOMPENSATION OF JUDGE
OF PROBATE COURT.
No. 454 (House Bill No. 1081).
AN ACT
To amend an Act fixing the salaries of certain county officers of
Bleckley County, approved February 10, 1953 (Ga. Laws 1953, Jan.-
Feb. Sess., p. 2196), as amended, so as to change the compensation of
4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the judge of the probate court; to provide for a cost-of-living increase;
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 salaries of certain county officers of
Bleckley County, approved February 10, 1953 (Ga. Laws 1953, Jan.-
Feb. Sess., p. 2196), as amended, is hereby amended by striking
subsection (a) of Section 3 of said Act in its entirety and substituting
in lieu thereof the following:
(a) The Judge of the Probate Court of Bleckley County shall
receive an annual salary of $13,500.00 which shall be paid in equal
monthly installments from the funds of Bleckley County. Effective
January 1, 1982, and each year thereafter, the judge of the probate
court shall receive an annual cost-of-living increase. Such cost-of-
living increase shall be determined by multiplying the annual salary
for the previous year by 5 percent.
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
1981 session of the General Assembly of Georgia legislation to adjust
the salaries of the elected officials of Bleckley County.
/s/ Ben Jessup
Representative,
District 117
GEORGIA LAWS 1981 SESSION
4257
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the 117th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cochran Journal which is the official organ
of Bleckley County, on the following dates: February 11,18,25,1981.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
BLECKLEY COUNTYCOMPENSATION OF COUNTY
COMMISSIONER.
No. 455 (House Bill No. 1082).
AN ACT
To amend an Act creating the office of Commissioner of Bleckley
County, approved August 18, 1913 (Ga. Laws 1913, p. 345), as
amended, particularly by an Act approved April 17, 1979 (Ga. Laws
4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1979, p. 4658), so as to change the compensation of the commissioner;
to provide a cost-of-living increase; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Commissioner of
Bleckley County, approved August 18,1913 (Ga. Laws 1913, p. 345),
as amended, particularly by an Act approved April 17,1979 (Ga. Laws
1979, p. 4658), is hereby amended by striking subsection (a) of Section
9 of said Act in its entirety and substituting in lieu thereof the
following:
(a) The Commissioner of Bleckley County and his successors in
office shall receive a base salary of $17,000.00 per annum, payable in
equal monthly installments. Effective January 1,1982, and each year
thereafter, the commissioner shall receive an annual cost-of-living
increase. Such cost-of-living increase shall be determined by multi-
plying the annual salary for the previous year by 5 percent. In
addition to the base salary, the commissioner shall receive an allow-
ance for expenses incurred in the performance of the duties as
commissioner in an amount not to exceed $250.00 per month. The
salary and expense allowance herein provided shall be the total
compensation to be received by the Commissioner of Bleckley County
and said sums shall be paid to the commissioner by the fiscal
authority of said county from funds of Bleckley County on a sem-
imonthly or monthly basis as may be determined by said commis-
sioner.
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
1981 session of the General Assembly of Georgia legislation to adjust
the salaries of the elected officials of Bleckley County.
GEORGIA LAWS 1981 SESSION
4259
/s/ Ben Jessup
Representative,
District 117
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the 117th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cochran Journal which is the official organ
of Bleckley County, on the following dates: February 11,18,25,1981.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BLECKLEY COUNTYCOMPENSATION OF SHERIFF.
No. 456 (House Bill No. 1083).
AN ACT
To amend an Act placing the sheriff of Bleckley County upon an
annual salary, approved March 24,1965 (Ga. Laws 1965, p. 2568), as
amended, so as to change the compensation of the sheriff; to provide
for a cost-of-living increase; 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 Bleckley County upon an
annual salary, approved March 24,1965 (Ga. Laws 1965, p. 2568), as
amended, is hereby amended by striking subsection (a) of Section 2 of
said Act in its entirety and substituting in lieu thereof the following:
(a) The Sheriff of Bleckley County shall receive an annual
salary of $17,000.00 which shall be paid in equal monthly installments
from the funds of Bleckley County. Effective January 1, 1982, and
each year thereafter, the sheriff shall receive an annual cost-of-living
increase. Such cost-of-living increase shall be determined by multi-
plying the annual salary for the previous year by 5 percent.
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
1981 session of the General Assembly of Georgia legislation to adjust
the salaries of the elected officials of Bleckley County.
GEORGIA LAWS 1981 SESSION
4261
/s/ Ben Jessup
Representative,
District 117
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the 117th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cochran Journal which is the official organ
of Bleckley County, on the following dates: February 11,18,25,1981.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BLECKLEY COUNTYCOMPENSATION OF TAX
COMMISSIONER.
No. 457 (House Bill No. 1084).
AN ACT
To amend an Act creating the office of tax commissioner of
Bleckley County, approved April 23,1969 (Ga. Laws 1969, p. 3304), as
amended, so as to change the compensation of the tax commissioner;
to provide for a cost-of-living increase; 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
Bleckley County, approved April 23,1969 (Ga. Laws 1969, p. 3304), as
amended, is hereby amended by striking subsection (a) of Section 3 of
said Act in its entirety and substituting in lieu thereof the following:
(a) (1) The tax commissioner of Bleckley County shall receive
an annual salary of $13,000.00 payable in equal monthly install-
ments from the funds of Bleckley County. Effective January 1,
1982, and each year thereafter, the tax commissioner shall receive
an annual cost-of-living increase. Such cost-of-living increase
shall be determined by multiplying the annual salary for the
previous year by 5 percent.
(2) In addition to the compensation provided for in para-
graph (1), the tax commissioner shall receive those commissions
allowed by an Act, relating to the sale of motor vehicle license
plates, approved March 9, 1955 (Ga. Laws 1955, p. 659), as
amended, and those commissions on taxes collected in excess of a
certain percentage of the taxes due according to the tax net digest
as provided in Code Section 91A-1370, relating to commissions.
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 1981 SESSION
4263
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia legislation to adjust
the salaries of the elected officials of Bleckley County.
/s/ Ben Jessup
Representative,
District 117
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ben Jessup who, on oath, deposes and
says that he/she is Representative from the 117th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cochran Journal which is the official organ
of Bleckley County, on the following dates: February 11,18,25,1981.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LAMAR COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 458 (House Bill No. 1088).
AN ACT
To amend an Act creating a small claims court for Lamar County,
approved April 17,1975 (Ga. Laws 1975, p. 3464), so as to change the
provisions relating to costs; to change the provisions relating to
service; to delete the provisions relating to jury trials; to change the
provisions relating to appeals; 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 Lamar
County, approved April 17,1975 (Ga. Laws 1975, p. 3464), is hereby
amended by striking subsection (e) of Section 6 in its entirety and
substituting in lieu thereof a new subsection (e) to read as follows:
(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.
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. (a) When he files his claim, the plaintiff shall deposit
with the court the sum of $15.00 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,
the deposit of costs in cases of attachment, garnishment, trover,
statutory foreclosures on personalty, and replevin by possessory
warrant shall be $22.50; 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
$10.00 to be taxed in the discretion of the court. If a party shall fail to
GEORGIA LAWS 1981 SESSION
4265
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 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 deter-
mined 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 illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
Section 3. Said Act is further amended by striking Section 13,
which reads as follows:
Section 13. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within ten days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded, such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and the defendant having three
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.,
in its entirety.
Section 4. Said Act is further amended by striking Section 15 in
its entirety and substituting in lieu thereof a new Section 15 to read as
follows:
Section 15. 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.
4266 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 in the regular
1981 session of the General Assembly of Georgia a bill to amend an act
creating a Small Claims Court of Lamar County, approved April 17,
1975 (Georgia Laws 1975, Page 3464), and for other purposes on this
the 17th day of February, 1981.
Jimmie Burousas, Judge
Small Claims Court
Lamar County, Ga.
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 Barnesville Herald-Gazette which is the official
organ of Lamar County, on the following dates: February 25, March 4,
11,1981.
/s/ Bill Jones
Representative,
78th District
GEORGIA LAWS 1981 SESSION
4267
Sworn to and subscribed before me,
this 16th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PEACHTREE CITY INDUSTRIAL BUILDING
AUTHORITYPOWERS.
No. 459 (House Bill No. 1089).
AN ACT
To grant certain additional powers to the Peachtree City Indus-
trial Building Authority; to provide for all related matters; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to the authority granted to the General
Assembly by the amendment to the Constitution creating the
Peachtree City Industrial Building Authority, which amendment
appears at Ga. Laws 1962, p. 1033, the powers of the Peachtree City
Industrial Building Authority are hereby expanded and further
defined to include the power to acquire by purchase or gift any
building or structure within the limits of Peachtree City which is
suitable and intended for use as a training facility for employees of
any business enterprise and any facility necessary or related thereto.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
4268 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 Legislation.
There will be introduced in the regular 1981 Session of the Georgia
General Assembly legislation to amend the powers of the Peachtree
City Industrial Building Authority (Ga. Laws 1962, pp. 1033-1039) to
include the power to acquire by purchase or gift any building or
structure within the limits of Peachtree City suitable and intended
for use as a training facility for employees of any business enterprise;
to increase the number of members to seven (7); to repeal conflicting
laws; and for other purposes.
John Mostiler
Representative,
District 71
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler who, on oath,
deposes and says that he/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: February 25,
March 4 and 11,1981.
/s/ John L. Mostiler
Representative,
71st District
GEORGIA LAWS 1981 SESSION
4269
Sworn to and subscribed before me,
this 13th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
LONG COUNTYACT PLACING PROBATE COURT
JUDGE ON SALARY BASIS AMENDED.
No. 460 (House Bill No. 1090).
AN ACT
To amend an Act placing the judge of the Probate Court of Long
County on an annual salary, approved April 17,1975 (Ga. Laws 1975,
p. 4022), as amended, so as to establish a minimum salary for the
judge of the probate court; to establish a minimum salary for the clerk
of the judge of the probate court; to authorize the board of commis-
sioners to fix the salaries of the judge and clerk; 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 Long
County on an annual salary, approved April 17,1975 (Ga. Laws 1975,
p. 4022), 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 not less than $10,500.00, the exact amount to be determined
by the board of commissioners, payable in equal monthly install-
ments out of the funds of Long County.
4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. The judge of the probate court shall be authorized to
appoint a clerk to assist him in carrying out the duties of his office.
The said clerk shall receive a salary of not less than $7,200.00 per
annum, the exact amount to be determined by the board of commis-
sioners, payable in equal monthly installments out of the funds of
Long County. The judge of the probate court shall have the authority
to appoint such other 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 fix the number of such other
employees and their compensation. 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 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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the judge of the Probate Court of Long County on an
annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), as
amended; and for other purposes.
This 24th day of February, 1981.
Clinton Oliver
Representative,
121st District
Long County, Georgia
GEORGIA LAWS 1981 SESSION
4271
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/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: February 26, March 5,
12,1981.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LONG COUNTYACT PLACING SHERIFF ON SALARY
BASIS AMENDED.
No. 461 (House Bill No. 1091).
AN ACT
To amend an Act placing the sheriff of Long County on an annual
salary in lieu of the fee system of compensation, approved February
28, 1963 (Ga. Laws 1963, p. 2021), as amended, so as to establish a
minimum salary for the sheriff; to establish minimum salaries for the
clerk and deputy sheriffs of the sheriff; to authorize the board of
commissioners to fix the salaries of the sheriff, deputy sheriffs, and
clerk; 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 Long County on an
annual salary in lieu of the fee system of compensation, approved
February 28, 1963 (Ga. Laws 1963, p. 2021), 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 sheriff of Long County shall receive a salary of
not less than $12,500.00 per annum, the exact amount to be deter-
mined by the board of commissioners, payable in equal monthly
installments out of the funds of Long County. Any funds, except the
salary provided, collected under the color of the sheriffs office shall
be county funds and accounted accordingly.
(b) The sheriff is hereby charged with the duty of feeding
prisoners confined under his jurisdiction. It shall be the duty of the
county authorities to fix the expenses necessary for the feeding of said
prisoners and to pay for such out of county funds.
(c) The sheriff of Long County shall have the authority to
appoint four deputies. The salary of each deputy shall not be less
than $750.00 per month, the exact amount to be determined by the
board of commissioners, payable monthly out of the funds of Long
County. The sheriff may appoint a fifth deputy with the concurrence
of the board of commissioners, and such deputy may be a part-time
employee. The minimum salary requirements shall not apply to such
deputy if he is part-time. The sheriff is also authorized to hire
GEORGIA LAWS 1981 SESSION
4273
additional deputies for emergency purposes only, and the compensa-
tion of such deputies shall be determined by the board of commis-
sioners of Long County and shall be paid out of the funds of Long
County.
(d) The sheriff shall also be authorized to employ a clerk, and
said clerk shall have such duties and responsibilities as shall be
assigned to him by the sheriff. The sheriff shall be authorized to
designate and name said clerk as a deputy at his discretion. Said clerk
shall receive a salary of not less than $7,200.00 per annum, the exact
amount to be determined by the board of commissioners of Long
County, payable in equal monthly installments out of the funds of
Long 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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the sheriff of Long County on an annual salary in lieu of
the fee system of compensation, approved February 28, 1963 (Ga.
Laws 1963, p. 2021), as amended; and for other purposes.
This 24th day of February, 1981.
Clinton Oliver
Representative,
121st District
Long County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/she is Representative from the 121st District, and
4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: February 26, March 5,
12,1981.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
LONG COUNTYACT CREATING OFFICE OF TAX
COMMISSIONER AMENDED.
No. 462 (House Bill No. 1092).
AN ACT
To amend an Act to consolidate the offices of tax receiver and tax
collector of Long County into the office of the tax commissioner of
Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as
amended, so as to establish a minimum salary for the tax commis-
sioner; to establish a minimum salary for the deputy tax commis-
sioner; to authorize the board of commissioners to fix the salaries of
the tax commissioner and the deputy tax commissioner; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
4275
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to consolidate the offices of tax receiver and
tax collector of Long County into the office of the tax commissioner of
Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), 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:
Section 3. The tax commissioner shall receive for his services as
such an annual salary of not less than $12,500.00, the exact amount to
be determined by the board of commissioners, payable in equal
monthly installments from the funds of Long County.
Section 2. Said Act is further amended by striking Section 5 in
its entirety and inserting in lieu thereof a new Section 5 to read as
follows:
Section 5. The tax commissioner is authorized to appoint a
deputy to assist him in the performance of his duties. Such deputy
shall be compensated in an amount not less than $7,200.00 per
annum, the exact amount to be determined by the board of commis-
sioners, payable in equal monthly installments out of the funds of
Long 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
1981 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 24th day of February, 1981.
4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clinton Oliver
Representative,
121st District
Long County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/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: February 26, March 5,
12,1981.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4277
LONG COUNTYACT PLACING CLERK OF
SUPERIOR COURT ON SALARY BASIS AMENDED.
No. 463 (House Bill No. 1093).
AN ACT
To amend an Act placing the clerk of the Superior Court of Long
County on an annual salary, approved April 17,1975 (Ga. Laws 1975,
p. 4028), as amended, so as to establish a minimum salary for the clerk
of the superior court; to establish a minimum salary for the deputy
clerk of the superior court; to authorize the board of commissioners to
fix the salaries of the clerk and deputy clerk; 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 Long
County on an annual salary, approved April 17,1975 (Ga. Laws 1975,
p. 4028), 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 clerk of the superior court shall receive an annual
salary of not less than $12,500.00, the exact amount to be determined
by the board of commissioners, payable in equal monthly install-
ments out of the funds of Long 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. The clerk of the superior court shall be authorized to
appoint a deputy clerk to assist him in carrying out the duties of his
office. Said deputy clerk shall receive a salary of not less than
$7,200.00 per annum, the exact amount to be determined by the
board of commissioners, payable in equal monthly installments out of
the funds of Long County. The clerk of the superior court shall have
the authority to appoint such other 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
4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 number of such other employees and their compensation. 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 assign-
ments; and to remove or replace any of such employees at will and
within his sole discretion.
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
1981 session of the General Assembly of Georgia a bill to amend an
Act placing the clerk of the Superior Court of Long County on an
annual salary, approved April 17,1975 (Ga. Laws 1975, p. 4028), as
amended; and for other purposes.
This 24th day of February, 1981.
Clinton Oliver
Representative,
121st District
Long County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/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: February 26, March 5,
12,1981.
GEORGIA LAWS 1981 SESSION
4279
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PAULDING COUNTYAPPOINTMENT, REMOVAL,
ETC. OF NAMED COUNTY OFFICIALS.
No. 464 (House Bill No. 1094).
AN ACT
To amend an Act creating a Board of Commissioners of Paulding
County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), as
amended by an Act approved March 24,1978 (Ga. Laws 1978, p. 4129)
and by an Act approved March 24,1978 (Ga. Laws 1978, p. 4458), so
as to change the provisions relating to the appointment, removal, and
compensation of certain county officials and employees; 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
Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916),
as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p.
4129) and by an Act approved March 24, 1978 (Ga. Laws 1978, p.
4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
4458), is hereby amended by striking Section 14 in its entirety and
substituting in lieu thereof a new Section 14 to read as follows:
Section 14. Appointment of county officials and employees, (a)
Subject to confirmation by the Board, the Chairman shall appoint the
heads or chief executive officers, by whatever name designated, of the
various departments of Paulding County, except the departments of
the elected county officers of said county. Subject to confirmation by
the Board, the Chairman shall also appoint the county attorney and
the secretary of the Commission. The head or chief executive officer
of any department, the county attorney, and the secretary of the
Commission shall serve at the pleasure of the Commission and may
be removed from office at any time by a majority vote of the
Commission. Any person appointed Comptroller of Paulding County
shall have the qualifications specified in Section 17 of this Act. The
compensation of all department heads or other chief executive offi-
cers, the county attorney, and the secretary of the Commission
appointed as provided herein shall be fixed by the Commission.
(b) Unless subject to the civil service system of Paulding
County, the appointment and removal of other employees of said
county, other than the employees of elected county officers, shall be
the same as for department heads or chief executive officers, as
provided by subsection (a) of this Section; and the compensation of
said employees shall be fixed by the Commission within budgetary
limitations.
(c) Unless subject to the civil service system of Paulding County,
the elected county officers of said county shall have the sole authority
to appoint and remove the personnel within their respective offices.
The compensation of such personnel shall be subject to the approval
of the Commission.
Section 2. Said Act is further amended by striking Section 15 in
its entirety and substituting in lieu thereof a new Section 15 to read as
follows:
Section 15. Appointment to statutory positions. The appoint-
ment and removal of, and the compensation to be paid to persons
filling offices and positions created by State statute, where not
otherwise prescribed by such statute, shall be the same as for depart-
ment heads as provided by Section 14 of this Act.
GEORGIA LAWS 1981 SESSION
4281
Section 3. Said Act is further amended by striking subsection (a)
of Section 17 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The Department of Finance shall be under the supervision
and control of the Paulding County Comptroller who shall be directly
responsible to the Commission. The Comptroller shall have a bache-
lors or masters degree with a major in accounting or the equivalent
thereof from an accredited college or university or shall have had at
least five years of experience in public accounting or five years
experience in accounting work for a federal, state, county, or munici-
pal governmental agency.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners of Paulding County,
approved April 17,1975 (Ga. Laws 1975, p. 2916), as amended; and for
other purposes.
This 23rd day of February, 1981.
Donald C. Watson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Fred Aiken who, on oath, deposes and
says that he/she is Representative from the 21st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Dallas New Era which is the official organ of
Paulding County, on the following dates: February 25, March 4, 11,
1981.
241
4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Fred Aiken
Representative,
21st District
Sworn to and subscribed before me,
this 16th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
PAULDING COUNTYCIVIL SERVICE SYSTEM
ACT AMENDED.
No. 465 (House Bill No. 1095).
AN ACT
To amend an Act authorizing the establishment of a civil service
system in Paulding County, approved March 18,1980 (Ga. Laws 1980,
p. 3119), so as to change the provisions relating to persons subject to
the civil service system; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the establishment of a civil service
system in Paulding County, approved March 18,1980 (Ga. Laws 1980,
p. 3119), is hereby amended by striking subsection (b) of Section 2 in
its entirety and substituting in lieu thereof a new subsection (b) to
read as follows:
GEORGIA LAWS 1981 SESSION
4283
(b) It is specifically provided that elected officials of Paulding
County, appointed members of boards, commissions, and authorities
of Paulding County, the heads or other chief executive officers, by
whatever name designated, of all departments of Paulding County,
whether presently existing or hereafter created, the county attorney,
and the secretary of the Paulding County Commission shall not be
under or subject to the Paulding County Civil Service System. Except
as limited by the foregoing sentence and by Section 5 of this Act
relating to employees of elected county officers, the Paulding County
Commission, pursuant to the resolution adopted under subsection (a)
of this Section, or pursuant to any other resolution or ordinance that
may be adopted from time to time by said commission, shall have the
authority to place all employees, or any category of employees, of
Paulding County under said civil service system.
Section 2. Said Act is further amended by striking Section 5 in
its entirety and substituting in lieu thereof a new Section 5 to read as
follows:
Section 5. When more than 50 percent of the employees of any
elected county officer of Paulding County petition the civil service
board to be placed under the civil service system, the board shall take
action to place such employees under said system, and, thereafter,
said employees shall be under and subject to said civil service
system.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act authorizing the establishment of a civil service system in
Paulding County, approved March 18,1980 (Ga. Laws 1980, p. 3119);
and for other purposes.
This 23rd day of February, 1981.
Donald C. Watson
4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Fred Aiken who, on oath, deposes and
says that he/she is Representative from the 21st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Dallas New Era which is the official organ of
Paulding County, on the following dates: February 25, March 4, 11,
1981.
/s/ Fred Aiken
Representative,
21st District
Sworn to and subscribed before me,
this 16th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
FAYETTE COUNTYCOMPENSATION OF CORONER.
No. 466 (House Bill No. 1096).
AN ACT
To amend an Act placing the coroner of Fayette County on a
salary in lieu of the fee system of compensation, approved March 13,
GEORGIA LAWS 1981 SESSION
4285
1978 (Ga. Laws 1978, p. 3119), so as to change the compensation 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 Fayette County on a
salary in lieu of the fee system of compensation, approved March 13,
1978 (Ga. Laws 1978, p. 3119), is hereby amended by striking from
Section 1 the following:
$100.00,
and inserting in lieu thereof the following:
$400.00,
so that when so amended Section 1 shall read as follows:
Section 1. Any other provision of law to the contrary notwith-
standing, the coroner of Fayette County is hereby placed on a salary
in lieu of the fee system of compensation. Such coroner shall be
compensated in the amount of $400.00 per month to be paid 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 which shall be allowed the coroner of
such county. All such fees, costs, commissions, allowances, monies
and all other emoluments and perquisites of whatever kind shall be
the property of the county and shall be paid to the fiscal officer of the
county at least once a month. The coroner of such county is hereby
authorized to appoint one or more deputy coroners with the approval
of the governing authority of such county and to assign such duties,
powers and responsibilities to such deputy coroners as he shall
determine advisable. Such deputy coroners shall be compensated in
an amount to be fixed by the governing authority of the county.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
4286 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
1981 Session of the General Assembly of Georgia a local act amending
the Act which provides for the compensation of the Coroner of
Fayette County, Georgia, to provide an increase in salary from One
Hundred to Four Hundred Dollars per month, to repeal conflicting
laws and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Mostiler who, on oath, deposes
and says that he is Representative from the 71st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Fayette County News which is the official organ
of Fayette County, on the following dates: February 18, 25, March 4,
1981.
/s/ John Mostiler
Representative,
71st District
Sworn to and subscribed before me,
this 16th day of March, 1981.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved April 6,1981.
GEORGIA LAWS 1981 SESSION
4287
MERIWETHER COUNTYCOMPENSATION OF DEPUTY
SHERIFFS.
No. 467 (House Bill No. 1099).
AN ACT
To amend an Act placing the sheriff, the clerk of the superior
court, the judge of the probate court, and the coroner of Meriwether
County on a salary basis in lieu of the fee system of compensation,
approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended,
particularly by an Act approved February 23,1979 (Ga. Laws 1979, p.
3041), so as to change the compensation of the deputies in the sheriffs
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, the clerk of the superior
court, the judge of the probate court, and the coroner of Meriwether
County on a salary basis in lieu of the fee system of compensation,
approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended,
particularly by an Act approved February 23,1979 (Ga. Laws 1979, p.
3041), 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 be compensated as provided by
general law. He shall be furnished a fully equipped motor vehicle to
use in the performance of his official duties. The sheriff shall be
authorized to appoint a chief deputy sheriff to assist him in the
performance of his duties. The compensation of the chief deputy
sheriff shall be fixed by the board of commissioners of Meriwether
County and shall be not less than $800.00 per month nor more than
$1,100.00 per month. The sheriff shall also be authorized to employ
one full-time deputy sheriff and such other full-time deputy sheriffs
as are approved by the board of commissioners of Meriwether
County. The compensation of each full-time deputy sheriff shall be
fixed by said board of commissioners but shall not exceed $1,000.00
per month. Said compensation shall be payable from the funds of
Meriwether County. The sheriff may employ part-time deputy sher-
iffs when necessary during the times which are authorized by the
board of commissioners. The compensation for a part-time deputy
sheriff shall be fixed by said board of commissioners and shall be at a
4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
rate for the time employed not to exceed $1,000.00 per month each,
payable from the funds of Meriwether County. The county shall
furnish the deputy sheriffs with one fully equipped motor vehicle and
such other fully equipped motor vehicles as the board of commis-
sioners of Meriwether County shall determine to be necessary to be
used by the sheriff and deputy sheriffs in the performance of their
official duties. All gasoline, oil, and other related maintenance
expenses for the sheriffs vehicle and the other vehicles authorized
shall be borne by the county. In addition, the sheriff may employ or
receive $300.00 per month for a jailer or turnkey. The expenses for
boarding prisoners shall be paid for out of 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 regular
1981 Session of the General Assembly of Georgia a bill to amend an
Act placing the sheriff and certain other county officers of
Meriwether County on a salary basis in lieu of the fee system of
compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as
amended; and for other purposes.
This 23rd day of February, 1981.
Claude A. Bray, Jr.
Representative,
70th District
Meriwether County
Commissioners
GEORGIA LAWS 1981 SESSION
4289
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 which is the
official organ of Meriwether County, on the following dates: February
27, March 6,13,1981.
/s/ Claude A. Bray, Jr.
Representative,
70th District
Sworn to and subscribed before me,
this 16th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 6,1981.
THE METROPOLITAN ATLANTA RAPID TRANSIT
AUTHORITY ACT OF 1965 AMENDED.
No. 491 (House Bill No. 164).
AN ACT
To amend an Act known as The Metropolitan Atlanta
Rapid Transit Authority Act of 1965, approved March 10,1965 (Ga.
4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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), an Act approved April 16, 1979 (Ga.
Laws 1979, p. 4634), an Act approved March 25,1980 (Ga. Laws 1980,
p. 3831), and an Act approved March 27, 1980 (Ga. Laws 1980, p.
4333) is hereby amended so as to clarify the Authoritys exemption
from sales and use taxes; to permit the establishment of an operating
reserve fund; to provide for use of interest earned on self-insurance
reserves; to change certain requirements relating to the use of the
annual proceeds of the tax authorized to be levied pursuant to this
Act; to amend said amendatory Act approved April 16, 1979 (Ga.
Laws 1979, p. 4634), so as to change the effective date of certain
provisions relating to the use of certain funds of the Authority; to
provide a different effective date for said provisions; to change the
provisions relating to tax exemptions; to provide for severability; to
repeal conflicting laws; to provide for effective dates; 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
GEORGIA LAWS 1981 SESSION
4291
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), an Act approved April 16,1979 (Ga.
Laws 1979, p. 4634), an Act approved March 25,1980 (Ga. Laws 1980,
p. 3831), and an Act approved March 27, 1980 (Ga. Laws 1980, p.
4333) is hereby amended by deleting in its entirety subsection (c) of
Section 21, and by inserting in lieu thereof a new subsection (c) of
Section 21 to read as follows:
(c) The Authority and its activities shall be exempt from all
taxes and tax obligations, except taxes imposed upon the sale or
distribution of motor fuels pursuant to Code Chapter 92-14, relating
to motor fuel taxation, or pursuant to the Motor Fuel Tax Law, Ga.
Code Chapter 91A-50, as now or hereafter amended. The Authority
shall not be obligated to pay, and the State Revenue Commissioner
shall not collect or attempt to collect, assess or attempt to assess, levy
or attempt to levy from or against the Authority, any sales and use
taxes imposed upon the sale of motor fuel, including without limita-
tion, the tax authorized by Section 25 of this Act, for any period of
time subsequent to June 30,1977, and prior to July 1,1979.
Section 2. Said Act is further amended by inserting after the
third sentence of subsection (i) of Section 25 and before the fourth
sentence of subsection (i) of Section 25, a new sentence to read as
follows:
If the results of operations in the Authoritys fiscal year com-
mencing July 1,1980 or in any subsequent fiscal year reflect that the
proceeds of the tax were not used to subsidize operations to the
maximum extent herein provided, the Board may, in its sole discre-
tion, reserve any amounts that could have been used to subsidize
operations in that fiscal year and later use said reserved amounts and
any interest earned on said reserved amounts to provide an additional
subsidy for operations in any future fiscal year or years.,
so that when amended subsection (i) of Section 25 shall read as
follows:
(i) Use of Proceeds. The proceeds of the tax levied pursuant to
this Act shall be used solely by each local government to fulfill the
4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
obligations incurred in the contracts entered into with the Metropoli-
tan Atlanta Rapid Transit Authority as contemplated in the Metro-
politan Atlanta Rapid Transit Authority Act of 1965, as amended,
provided, however, that no more than fifty percent (50%) of the
annual proceeds of the tax shall be used to subsidize the operating
costs of the system, exclusive of depreciation and amortization, until
July 1,1997, after which time no more than sixty percent (60%) of the
annual proceeds of the tax shall be used to subsidize the operating
costs of the system, exclusive of depreciation and amortization, and
that commencing with July 1,1997, and for every year thereafter, the
proceeds of the tax shall not be used to subsidize operations of the
transportation system to an extent greater than fifty percent (50%) of
the operating costs of the system, exclusive of depreciation and
amortization. In adopting its annual budget, the Board of the
Metropolitan Atlanta Rapid Transit Authority shall be authorized to
rely upon estimates of all revenues, operating costs, patronage and
other factors which may affect the amount of the fare required to
limit the operating subsidy herein provided for. If the results of any
years operations reflect that the proceeds of the tax were used to
subsidize operations to an extent greater than herein provided, the
Board shall adjust fares in order to make up the deficit in operations
during a period of not to exceed three (3) succeeding years. If the
results of operations in the Authoritys fiscal year commencing July 1,
1980 or in any subsequent fiscal year reflect that the proceeds of the
tax were not used to subsidize operations to the maximum extent
herein provided, the Board may, in its sole discretion, reserve any
amounts that could have been used to subsidize operations in that
fiscal year and later use said reserved amounts and any interest
earned on said reserved amounts to provide an additional subsidy for
operations in any future fiscal year or years. The words operating
costs of the system for purposes of this subsection 25(i) are defined to
include all of the costs of that division of the Authority directly
involved and that portion of the nonoperating administrative costs of
those divisions of the Authority indirectly involved, through the
provision of support services, in providing mass transportation ser-
vices for the metropolitan area, but exclusive of the costs of the
division or divisions directly involved and that portion of the nonop-
erating administrative costs of those divisions indirectly involved, in
the planning, design, acquisition, construction and improvement of
the rapid transit system, according to accepted principles of account-
ing. If any proceeds of the tax levied pursuant to this Act are held for
the purpose of planning, designing, acquiring, constructing, or
improving the rapid transit system and are invested, then all interest
GEORGIA LAWS 1981 SESSION
4293
earned from such investments shall be used only for planning, design-
ing, acquiring, constructing, or improving the rapid transit system or
for paying the principal of or interest on bonds or certificates issued
for such purposes.
Section 3. The Act amending The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved April 16, 1979 (Ga. Laws
1979, p. 4634), is hereby amended by striking from Section 13 of said
1979 amendatory Act the following:
, except that Section 10 of this Act shall become effective April 1,
1982,
and inserting in lieu thereof the following:
except that Section 10 of this Act shall become effective July 1,
1984.
Section 4. Said Act is further amended by adding at the end of
Section 21 a new subsection (d) to read as follows:
(d) Notwithstanding any other provisions of this Section, the
Authority shall not be exempt from the State Sales and Use taxes
(Code Chapter 91A-45) for tour and charter services.
Section 4.1. Said Act is further amended by striking in its
entirety subsection (1) of Section 25, which reads as follows:
(1) Any other provision of this Act to the contrary notwith-
standing, after July 1, 1980, not less than fifty percent (50%) of the
annual proceeds of the tax authorized to be levied by this Act shall be
used for the purposes and in the manner required by any trust
indenture or other agreement with or for the benefit of bondholders,
including payment of the principal of or premium or interest upon
bonds or certificates issued by the Authority or to create a reserve for
that purpose and, for the payment of the cost of a rapid transit system
or project as defined in Section 2(j) of this Act, and such fifty percent
(50%) of the proceeds shall be used only for the purposes provided by
this subsection (1).,
and inserting in lieu thereof the following:
4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Any limitation contained in this Act to the contrary not-
withstanding, the Board may, in its sole discretion, and for any fiscal
year commencing July 1,1980, or thereafter, use any interest earned
on any self-insurance reserve established pursuant to Section 22 of
this Act to pay the operating costs of the system as defined by
subsection (i) of Section 25 of this Act.
Section 5. In the event any section, subsection, sentence, clause
or phrase of this Act is declared or adjudged invalid or unconstitu-
tional, 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 6. All laws and parts of laws in conflict with this Act are
hereby repealed.
Section 7. This Act shall become effective upon its 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 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 8th day of December, 1980.
John W. Greer
Representative,
43rd District
GEORGIA LAWS 1981 SESSION
4295
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 Decatur-DeKalb News/Era which is
the official organ of DeKalb County, on the following dates:
December 23,30,1980 and January 6,1981.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(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 8th day of December, 1980.
John W. Greer
Representative,
43rd District
4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: December 17, 24,
31,1980.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(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 8th day of December, 1980.
John W. Greer
Representative,
43rd District
GEORGIA LAWS 1981 SESSION
4297
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 Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: December
22,29,1980 and January 5,1981.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(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 8th day of December, 1980.
John W. Greer
Representative,
43rd 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, 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 23, 30,
1980 and January 6,1981.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(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 8th day of December, 1980.
John W. Greer
Representative,
43rd District
GEORGIA LAWS 1981 SESSION
4299
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 26,
1980, January 2, and 9,1981.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 14th day of January, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 7,1981.
PENSION RIGHTS OF EMPLOYEES OF CITIES
AND COUNTIES BASED UPON POPULATION OF
COUNTIES (MORE THAN 550,000).
No. 525 (House Bill No. 330).
AN ACT
To amend an Act approved March 31, 1972 (Ga. Laws 1972, p.
3277), providing for the protection of pension rights of employees of
4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
certain counties and cities, so as to provide for a definition of
employer matching fund contributions; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Section 1 of the Act approved March 31, 1972 (Ga.
Laws 1972, p. 3277), is hereby amended by adding thereto a new
subsection (d) which shall provide as follows:
(d) Employer matching fund contributions shall mean an
amount equal to the percentage of members salaries and wages
necessary to pay normal cost contribution of benefits earned by
members, as shown in the most recent actuarial study, less the
amount required and paid as employee contributions. Where there
has been no actuarial study in the past five (5) years, both employer
and employee contributions shall be transferred.,
so that when amended, said Section 1 shall provide as follows:
As used in this Act, the following terms shall have the following
meanings unless a contrary meaning is clearly indicated by the
context:
(a) County shall mean any County of this State having a popula-
tion in excess of 550,000 according to the 1970 United States Census
or any future census.
(b) City shall mean the largest City located in whole or in part in
such county.
(c) Pension Fund shall mean a Fund for the purpose of providing
retirement benefits for an employee, maintained by either a City or a
County, with contributions being made by both the employee and the
employer.
(d) Employer matching fund contributions shall mean an
amount equal to the percentage of members salaries and wages
necessary to pay normal cost contribution of benefits earned by
GEORGIA LAWS 1981 SESSION
4301
members, as shown in the most recent actuarial study, less the
amount required and paid as employee contributions. Where there
has been no actuarial study in the past five (5) years, both employer
and employee contributions shall be transferred.
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 April 7,1981.
DISPOSITION OF CERTAIN FINES IN PROBATE
COURTS OF CERTAIN COUNTIES
(6,900 - 6,950).
No. 548 (House Bill No. 474).
AN ACT
To provide for the disposition and application of insolvent costs
from fines and forfeitures arising from motor vehicle traffic cases and
game and fish cases in the probate courts of the counties of this state
having a population of not less than 6,900 nor more than 6,950
according to the United States decennial census of 1980 or any future
such census; to provide for 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. In all counties of this state having a population of not
less than 6,900 nor more than 6,950, according to the United States
decennial census of 1980 or any future such census, all insolvent costs
which are on hand on the effective date of this Act and which have
arisen in the probate court from cases involving the violation of the
traffic laws or game and fish laws of this state shall be applied,
4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
divided, and paid on the effective date of this Act, with 60 percent of
such insolvent costs being paid into the general funds of the county
and 40 percent of such insolvent costs being paid to the judge of the
probate court of the county. All insolvent costs arising in the probate
court of such counties after the effective date of this Act from cases
involving the violation of any motor vehicle traffic law or game and
fish law of this state shall be applied, divided, and paid on or before
the fifteenth day of each month of each year, with 60 percent of such
insolvent costs being paid into the general funds of the county and 40
percent of such insolvent costs being paid to the judge of the probate
court. The provisions of this section shall apply in such counties only
if the judge of the probate court of the county is compensated on the
fee system of compensation, in lieu of the salary system of compensa-
tion. As used in this section, insolvent costs means such costs
remaining after all legal claims on such costs have been allowed and
paid.
Section 2. This Act shall become effective on the date the
United States Bureau of the Census publishes the advance report,
which contains the final population counts, for the 1980 census for the
State of Georgia.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 7,1981.
FULTON COUNTYWITHDRAWAL FROM PENSION
SYSTEM, ETC. BY ELECTED OFFICIALS.
No. 624 (Senate Bill No. 164).
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),
GEORGIA LAWS 1981 SESSION
4303
as amended, so as to provide that elected officials may withdraw from
or reject coverage in the pension system; 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 paragraph to read as follows:
Any other provisions of this Act to the contrary notwithstanding,
any official elected by the people may, by filing a written notice with
the Board of Commissioners of Fulton County, withdraw from partic-
ipation or reject participation in the pension system provided for by
this Act. Such written election, once filed, shall be irrevocable, and
the elected official filing same shall be refunded all amounts which he
shall have contributed to the pension fund provided for by this Act.
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 of intention to apply to the January, 1981
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 estab-
lish 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
4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Affidavit.
State of Georgia,
County of Fulton.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers 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
15,22,29 days of December, 1980. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me,
this 30 day of December, 1980.
/s/ Maiodis F. Palmer
Notary Public, Georgia, State at Large.
My Commission Expires Oct. 23, 1983.
(Seal).
Approved April 9,1981.
DeKALB COUNTYFORM OF COUNTY GOVERNMENT,
REFERENDUM.
No. 640 (Senate Bill No. 246).
AN ACT
To amend an Act revising, superseding and consolidating the laws
relating to the governing authority of DeKalb County and creating a
GEORGIA LAWS 1981 SESSION
4305
chairman and board of commissioners of said county, approved
March 8,1956 (Ga. Laws 1956, p. 3237), as amended, so as to establish
the form of government of DeKalb County and to fix the powers and
duties of the officers constituting the governing authority of DeKalb
County and to revise extensively the aforesaid Act in connection
therewith; to provide for other matters relative to the foregoing; to
provide for a referendum; to provide effective dates; to provide for
severability; 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 striking Sections 1 through 24 in their entirety
and substituting in lieu thereof new Sections to read as follows:
Section 1. Governing authority, (a) There is hereby created the
Board of Commissioners of DeKalb County to be elected and orga-
nized as hereinafter provided. There is hereby created the office of
Chief Executive Officer of DeKalb County, and said Chief Executive
Officer, who shall not be a member of the Commission, shall be
elected as hereinafter provided.
(b) The Board of Commissioners of DeKalb County, hereinafter
referred to as the Commission, and the Chief Executive Officer of
DeKalb County, hereinafter referred to as the Chief Executive shall
constitute the governing authority of DeKalb County, and the respec-
tive powers and duties of the Commission and the Chief Executive
shall be as provided in this Act.
Section 2. The Commission, (a) The Commission shall consist of
seven members. There shall be five district commissioners and two
at-large commissioners.
(b) For the purpose of electing the five district commissioners,
DeKalb County shall be divided into five Commissioner Districts as
follows:
4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 1 shall consist of the following Census
Tracts of such county:
Tracts 211, 212.01, 212.02, 212.03, 212.04, 213.01, 213.02, 213.03,
213.04,214.01,214.02,214.03, and 214.04.
Commissioner District 2 shall consist of the following Census
Tracts of such county:
Tracts 201, 202, 203, 204, 215, 216.01, 216.02, 216.03, and 217.01.
Tract 220 that portion north of State Mountain Freeway.
Tracts 221, 222, 223.01, 223.02, 224.01, 224.02, 224.03, 225, and
226.
Commissioner District 3 shall consist of the following Census
Tracts of such county:
Tracts 205, 206, 207, 208, 209, 227, 228, 229, 230, 234.01, 236, 237,
238.01,238.02, and 238.03.
Commissioner District 4 shall consist of the following Census
Tracts of such county:
Tracts 217.02,218.01,218.02, and 219.
Tract 220 that portion south of Stone Mountain Freeway.
Tract 232 that portion north of Redan Road.
Tract 233 that portion north and east of Redan Road, Stone
Mountain Lithonia Road.
Commissioner District 5 shall consist of the following Census
Tracts of such county:
Tracts 231.01,231.02,231.03, and 231.04.
Tract 232 that portion south of Redan Road.
Tract 233 that portion south and west of Redan Road, Stone
Mountain Lithonia Road.
Tracts 234.02, 235.01,235.02, and 235.03.
GEORGIA LAWS 1981 SESSION
4307
For the purposes of this subsection, the term census tract shall
have the same meaning and describe the same geographical bound-
aries as provided in the U. S. Department of Commerce, Bureau of
Census, report of the United States Decennial Census of 1980 for the
State of Georgia. Any portion of DeKalb County not included in
Commissioner Districts 1 through 5 described above shall be included
within that Commissioner District contiguous to such portion which
contains the least population.
(c) Each commissioner shall be a citizen of this State at least 25
years of age and shall have been a resident of the respective Commis-
sioner District, or a resident of the county in the case of an at-large
commissioner, for at least two years immediately prior to taking
office. Each district commissioner shall be elected by a majority of
the electors voting within the respective Commissioner District. The
at-large commissioners shall be elected by a majority of the electors
voting from the county at large. Any commissioners who cease to be
residents of their respective commissioner district, or residents of the
county in the case of at-large commissioners, during their terms of
office shall thereby vacate their seats on the Commission. All
members of the Commission shall be nominated and elected pursuant
to the provisions of Code Title 34, known as the Georgia Election
Code, as now or hereafter amended.
Section 3. Establishment of Commission. The Commission
created by Sections 1 and 2 of this Act shall become effective on
January 1, 1985. The initial and subsequent members of said
Commission shall be as follows:
(1) Effective January 1,1985, the commissioners represent-
ing commissioner districts 2 and 3 and one at-large commissioner
under Section 2 of this Act shall be the former commissioners
representing commissioner districts 2 and 3 and the former at-
large commissioner who were elected at the general election of
1982 under previously existing provisions of this Act, and said
commissioners so elected shall serve for the terms of office to
which they were elected, which shall expire on December 31,1986.
Their successors shall be elected at the general election of 1986
and shall take office on January 1, 1987, for terms of four years
and until their successors are elected and qualified. Thereafter,
successors shall be elected at the general election immediately
4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
(2) The commissioners representing commissioner districts
1,4, and 5 and the second at-large commissioner shall be elected at
the general election of 1984 and shall take office on January 1,
1985, for terms of four years and until their successors are elected
and qualified. Thereafter, successors shall be elected at the
general election immediately preceding the expiration of terms
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 position of chairman of
the Board of Commissioners which existed under previous provi-
sions of this Act shall stand abolished on December 31,1984.
Section 4. Running for other elective office creates vacancy. If
any member of the Commission or the Chief Executive qualifies for
nomination or election to any elective public office, other than to
succeed oneself as a member of the Commission or as Chief Executive,
the seat of the member of the Commission or the Chief Executive so
qualifying shall thereby become vacant as of the date of such qualifi-
cation.
Section 5. Chief Executive, (a) The Chief Executive of DeKalb
County shall be a citizen of this State, at least 30 years of age and shall
have been a resident of DeKalb County for at least five years
immediately prior to taking office. The Chief Executive shall be
elected by a majority of the electors voting from the county at large.
The Chief Executive shall be nominated and elected pursuant to
Code Title 34 known as the Georgia Election Code, as now or
hereafter amended.
(b) The first Chief Executive shall be elected as provided in
subsection (a) hereof at the general election of 1984, and shall take
office on the first day of January, 1985, for a term of four years.
Future successors shall be elected at the general election immediately
preceding the expiration of the term of office and shall take office on
the first day of January immediately following the election for a term
of four years. Each Chief Executive shall serve until the successor is
elected and qualified.
GEORGIA LAWS 1981 SESSION
4309
(c) Any person elected Chief Executive shall not be eligible to
serve more than two consecutive full terms of office. In the event a
person fills a vacancy in the office of Chief Executive as provided in
Section 6 of this Act, such person shall be eligible for election to two
full consecutive terms of office as Chief Executive. When a person
has served two full consecutive terms of office as Chief Executive,
such person shall not again be eligible to hold said office until such
person has been out of office as Chief Executive for at least four years.
Section 6. Vacancies, (a) Vacancies on the Commission and in
the office of Chief Executive occurring by reason of death, resigna-
tion, removal from the county or from the district from which elected
or for any other reason shall be filled as provided in this Section.
(b) In the event a vacancy occurs on the Commission or in the
office of Chief Executive when at least 180 days remain in the
unexpired term of office, the election superintendent of DeKalb
County, within 15 days after the vacancy occurs, shall issue the call
for a special election to fill such vacancy for the unexpired term. Such
special election shall be held not less than 29 nor more than 45 days
after the issuance of the call, and shall be held and conducted in
accordance with the provisions of Code Title 34, known as the
Georgia Election Code, as now or hereafter amended. If the vacancy
is in the office of Chief Executive, the Presiding Officer of the
Commission shall exercise the powers and duties of the Chief Execu-
tive, except as provided in subsection (e) of this Section, for the
period beginning on the date the vacancy occurs and ending when the
successor Chief Executive takes office for the unexpired term follow-
ing the special election provided for herein.
(c) In the event a vacancy occurs in the office of Chief Executive
when less than 180 days remain in the unexpired term of office, the
Presiding Officer of the Commission shall exercise the powers and
duties of the Chief Executive, except as provided in subsection (e) of
this Section, for the unexpired term.
(d) In the event a vacancy occurs on the Commission when less
than 180 days remain in the unexpired term of office, the remaining
members of the Commission, shall appoint a qualified person to fill
such vacancy for the unexpired term. Any person appointed by the
Commission to fill a vacancy as provided herein shall possess the
residency and other qualifications required for the office.
4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) If the Presiding Officer of the Commission exercises the
powers of Chief Executive pursuant to subsections (b) or (c) of this
Section, the person serving as Chief Executive in either case shall not
be authorized to discharge the Executive Assistant. A Presiding
Officer serving as Chief Executive shall not be authorized to vote as a
member of the Commission during such service.
Section 7. Oath and bond. Before entering upon the discharge of
their duties, the Chief Executive and members of the Commission
shall subscribe to an oath before the Judge of the Probate Court of
DeKalb County for the true and faithful performance of their duties
and that they are not the holders of any public funds unaccounted for.
In addition the Chief Executive shall further give a satisfactory surety
bond, as determined by the Judge of the Probate Court of DeKalb
County, and payable to the Judge of the Probate Court of DeKalb
County and filed in the office of the Judge of the Probate Court of
DeKalb County, in the sum of $50,000.00, conditioned upon the
faithful performance of the duties of the office. Each member of the
Commission shall give like bond in the sum of $10,000.00. The costs
of said bonds shall be paid from county funds.
Section 8. Compensation, (a) The members of the Commission
shall receive the compensation specified for members of the Board of
Commissioners of DeKalb County by an Act providing for the com-
pensation of certain officers and officials of DeKalb County,
approved March 31,1976 (Ga. Laws 1976, p. 3986).
(b) The Chief Executive shall receive the compensation speci-
fied for the Chairman of the Board of Commissioners of DeKalb
County by the same Act described in subsection (a) hereof.
Section 9. Powers and duties of the Commission, (a) The
Commission shall have the power and authority to fix and establish,
by appropriate resolution or ordinance entered on its minutes, poli-
cies, rules and regulations governing all matters reserved to its
jurisdiction by this Act. The Commission shall exercise only those
powers which are necessarily and properly incident to its function as a
policy-making or rule-making body or which are necessary to compel
enforcement of its adopted resolutions or ordinances, and any power
or combination of powers vested in the Commission by this Act shall
be subject to the limitations provided in Section 23 of this Act. The
following powers are hereby vested in the Commission:
GEORGIA LAWS 1981 SESSION
4311
(1) To levy taxes.
(2) To make appropriations.
(3) To fix the rates of all other charges.
(4) To authorize the incurring of indebtedness.
(5) To authorize work to be done where the cost is to be
assessed against benefited property and to fix the basis for such
assessment.
(6) To establish, alter, or abolish public roads, private ways,
bridges and ferries, according to law, but the Chief Executive shall
have the authority to accept subdivision plats when the require-
ments established by the Commission for subdivisions have been
met.
(7) To establish, abolish, or change election precincts and
militia districts according to law.
(8) To allow the insolvent lists for the county.
(9) To authorize the acceptance for the county of the provi-
sions of any optional statute where the statute permits its accep-
tance by the governing authority of a county.
(10) To regulate land use by the adoption of a comprehensive
development plan and by the adoption of other planning and
zoning ordinances which relate reasonably to the public health,
safety, morality and general welfare of the county and its citizens;
provided, however, no planning or zoning ordinance shall become
law unless approved by the member of the Commission represent-
ing the district in which the subject property is located, or by one
of the members of the Commission elected from the county at
large.
(11) To create and change the boundaries of special taxing
districts authorized by law.
(12) To fix the bonds of county officers where same are not
fixed by statute.
4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(13) To enact any ordinances or other legislation the county
may be given authority to enact.
(14) To determine the priority of capital improvements.
(15) To call elections for the voting of bonds.
(16) To exercise, together with the Chief Executive Officer,
all of the power and authority vested by law in the judge of the
probate court when sitting for county purposes.
(17) To exercise, together with the Chief Executive Officer,
all powers now or hereafter vested in county governing authorities
by the Constitution and general laws of this State.
(18) To fix, levy and assess license fees, charges or taxes on all
persons, firms and corporations engaging in or offering to engage
in any trade, business, calling, avocation or profession in the area
of DeKalb County, outside the incorporated limits of municipali-
ties situated therein, except businesses which are subject to regu-
lation by the State Public Service Commission, and to classify all
such persons, firms and corporations according to the nature,
manner and size of business conducted by such persons, firms and
corporations and to fix, levy and assess different license fees,
charges or taxes against different classes of trades, businesses,
callings, avocations or professions. Such licenses shall be issued,
annually or otherwise, and may be revoked, canceled or suspended
after notice and a hearing, in accordance with rules prescribed by
the Commission. Said Commission shall be further authorized to
adopt ordinances and resolutions to govern and regulate all such
trades, businesses, callings, avocations or professions, not contrary
to regulations prescribed by general law, for the purpose of
protecting and preserving the health, safety, welfare and morals of
the citizens of said county, and to prescribe penalties for the
violation of any such ordinances and resolutions, including the
operation of such businesses without the obtaining of a license or
when such license is revoked or suspended. Payment of said
license fees, charges or taxes may be enforced by fi. fas. issued by
the Commission and levied by any officer in said county autho-
rized by law to levy fi. fas. for taxes, assessments, fines, costs or
forfeitures due said county. The Commission shall be authorized,
in its discretion, to require any and all persons, firms or corpora-
tions licensed pursuant to the authority herein granted to give a
GEORGIA LAWS 1981 SESSION
4313
bond payable to DeKalb County and conditioned to pay said
county or anyone else, suing in the name of said county and for
their use, for injuries or damages received on account of dishonest,
fraudulent, immoral or improper conduct in the administration of
the business so licensed, such bond to be fixed and approved by
the Commission. Such license fees, charges or taxes shall be in
addition to all other taxes or assessments heretofore or hereafter
levied by said county, and all funds received from same shall be
paid into the county depository as general funds of said county.
(19) To adopt rules regulating the operation of the Commis-
sion.
(b) In addition to the powers enumerated in subsection (a) of this
Section, the Commission may adopt all such ordinances or regula-
tions as it may deem advisable, not in conflict with the general laws of
this State and of the United States, for the governing and policing of
the county for the purpose of protecting and preserving the health,
safety, welfare, and morals of the citizens of the county and for the
implementation and enforcement of the powers and duties of the
Commission, within the classes of subjects and areas of regulation
enumerated below:
(1) To control and regulate the operation of and running of
bicycles, automobiles, motorcycles, motor scooters, buses, taxi-
cabs, trucks, wagons and any and all kinds of vehicles operated in,
upon, over and across the roads, streets, lanes, alleys, sidewalks,
parks, plazas, squares and public places in said county and outside
the corporate limits of municipalities situated therein, whether
such vehicles are propelled by hand, foot, animal, steam, electric,
gasoline or other motive power; to prescribe and fix speed limits
and speed zones for all of the enumerated vehicles; to erect stop
and warning signs and signals at dangerous intersections or places,
at schools or other public places; to prescribe and establish lanes
and directional signs, signals and markings to control the direction
or flow of traffic for all such vehicles, including limitation of travel
to one direction and including markings, signals and devices to
control and regulate the manner of turning at intersections; to
regulate and control, as well as to prohibit entirely, the parking,
stopping and standing of all such vehicles on or adjacent to such
streets and public places; to impound such vehicles involved in
violations of traffic ordinances or regulations; to restrict and limit
the size and weight of all such vehicles operated on such streets
242
4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and public places; to regulate and establish routes to be followed
by trucks and other heavy or slow-moving vehicles; to regulate and
control, by permits or otherwise, and to prohibit entirely the
times, routes and manner of conduct of parades, motorcades and
other assemblages of all such vehicles, and public address systems
or other noise-making devices on such streets and public places; to
regulate and control the manner of operation of all such vehicles
along, over and across all such streets and ways so as to prohibit
and prevent the careless and reckless operation of same in such
manner as would be hazardous to persons or property; to regulate
and control in any and all of the foregoing respects all travel by
pedestrians and equestrians along, over and across such streets,
ways and public places; and to do any and all things to provide for
the safety of persons and property using such roads, streets, lanes,
alleys, sidewalks, parks, plazas, squares and public places and of
persons and property situated adjacent thereto; and any and all
things necessary or incident to accomplishment of any of the
foregoing powers, including the authority to require registration of
the enumerated vehicles and of their owners and to prescribe
standards of mechanical safety for such vehicles and qualifica-
tions of operators thereof. To carry out all or any of the foregoing
powers, the Commission is hereby authorized to adopt as county
ordinances all or such portions of Code Title 68A, known as The
Uniform Rules of the Road, as to the Commission may seem
appropriate and the Recorders Court of DeKalb County may
punish for violations thereof by fines or imprisonment or both not
to exceed the limits set forth in said Code Title 68A, or in
subsection (c) of this Section or in the ordinance adopting same,
and the Commission may adopt such other additional ordinances
and regulations, not in conflict with said Code Title 68A and
prescribe punishment for violation of same not to exceed the
limits set forth in subsection (c) of this Section.
(2) To adopt rules and regulations for the promotion of
health and quarantine in the unincorporated area of said county,
as are authorized by law or not inconsistent with general laws or
regulations of the State Department of Human Resources or the
DeKalb County Board of Health, and to prescribe penalties and
punishment for violations thereof. It is not the purpose or intent
of this paragraph to interfere with or restrict the operation of the
Ellis Health Law or the DeKalb County Board of Health within
the unincorporated area of DeKalb County, but to provide for the
implementation of same through the ordinances of the Commis-
GEORGIA LAWS 1981 SESSION
4315
sion, and to promote more adequate health and quarantine provi-
sions in said county, and to that end the Commission is authorized
to adopt all or any portion of the regulations of said DeKalb
County Board of Health, as the same may be amended from time
to time, and to prescribe additional regulations not inconsistent
therewith, and to prescribe penalties and punishment for violation
of any such ordinances and regulations, which penalties and
punishments may be enforced and imposed by the Recorders
Court of DeKalb County or other court having jurisdiction over
offenses against county ordinances. Said health and quarantine
powers shall extend to and embrace the health and quarantine of
animals as well as persons.
(3) To prevent dogs, horses, mules, cattle, hogs, sheep,
goats, chickens and all other animals, or any one or more kinds of
such animals, from running at large in the unincorporated area of
said county; to prevent the keeping of any animal or animals or to
regulate the manner and numbers in which they may be kept; to
take up and impound any of such animals and to punish all owners
or other persons keeping animals for failure or refusal to obey any
such ordinance and to fix penalties and charges to be paid for
release of such impounded animals; to provide for the sale or
disposition of unclaimed animals impounded; to levy and collect a
tax upon dogs kept in said county and to provide for registration of
dogs; and to do any and all things necessary to carry out the
purposes of this paragraph for the public interest.
(4) To prescribe penalties and punishment for the violation
of zoning ordinances, building codes (including electrical,
plumbing, heating, and air-conditioning regulations) and all other
lawful ordinances adopted by the Commission pursuant to this or
any other law in force in said county.
(5) To provide ordinances for the preservation and protec-
tion of county property and equipment and the administration
and use of county facilities, such as parks, playgrounds and
swimming pools, by the public, and to prescribe penalties and
punishment for violations thereof.
(6) 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 viola-
tion thereof.
4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) To prohibit or regulate and control the erection and
maintenance of signs, billboards, trees, shrubs, fences, buildings
and any and all other structures or obstructions upon or adjacent
to the rights-of-way of streets and roads within the unincorpo-
rated area of said county, and to prescribe penalties and punish-
ment for violation of such ordinances.
(8) To adopt ordinances and regulations for the prevention
of idleness, loitering, vagrancy, disorderly conduct, public drunk-
enness and disturbing the peace in the unincorporated area of said
county and to prohibit the playing of lotteries therein, and to
prohibit or regulate such other conduct and activities within said
area of DeKalb County which, while not constituting an offense
against the general laws of this State, is deemed by the Commis-
sion to be detrimental and offensive to the peace, good order and
dignity of DeKalb County and to the welfare and morals of the
citizens thereof.
(c) The Commission is hereby authorized to adopt ordinances
prescribing penalties and punishment for violation of any and all
ordinances adopted by the Commission to carry out any of the
provisions of this Section or other provisions of this Act or of any
other law, and to prescribe maximum penalties and punishment for
violation of same, except that the same shall in no event exceed a fine
of $500.00, imprisonment in the county jail for 30 days, or labor on the
work gang for 60 days for any single offense, or any combination
thereof.
Section 10. Audits, (a) The Commission shall choose three of its
members to serve as an audit committee. The term of members
serving as the audit committee and their manner of selection shall be
as determined by the Commission. The audit committee shall screen
and recommend to the Commission an independent auditing firm to
serve as an outside auditor of the county government to make an
annual continuous general audit of all county finances and financial
records.
(b) The outside auditor shall be employed pursuant to written
contract to be entered upon the minutes of the Commission, and the
contract shall state clearly and concisely the depth and scope of the
audit and that it shall be conducted in accordance with the require-
ments of the Act providing uniform standards for audits of munici-
palities and counties within the State of Georgia, approved April 21,
GEORGIA LAWS 1981 SESSION
4317
1967 (Ga. Laws 1967, p. 883), as amended, by an Act approved March
28, 1968 (Ga. Laws 1968, p. 464). The auditor shall immediately
inform the Commission in writing of any irregularities found in the
management of county business by an officer or department of the
county government.
(c) The outside auditor shall complete the audit within 90 days
after December 31 of each year, and, within ten days after its
completion, the auditor shall deliver a copy to each commissioner, the
Chief Executive and to the grand jury of the DeKalb County superior
court then in session.
(d) The audit committee may also screen and recommend to the
Commission an internal auditor whose function shall be to audit the
various departments, offices, and agencies of the county government
on a continuing basis. The internal auditor shall be employed by and
serve at the pleasure of the Commission.
Section 11. Presiding Officer, (a) The Chief Executive Officer
may, at such officers discretion, preside at any regular or specially
called meeting of the Commission, but shall have no vote unless the
members of the Commission are equally divided.
(b) At the first regular meeting in January of each year, the
Commission shall elect from its membership a Presiding Officer and a
deputy presiding officer. The member serving as Presiding Officer or
deputy presiding officer shall retain all rights, powers and duties as a
member of the Commission.
(c) The Presiding Officer shall preside at meetings of the Com-
mission, in the absence of the Chief Executive Officer, and shall have
the following additional duties:
(1) To convene such special meetings of the Commission as
are deemed necessary, but all members shall be notified at least
three days in advance of any such special meeting;
(2) To appoint the members and chairmen of such commit-
tees of the Commission as the Commission, by its rules, may
establish and fill vacancies therein, but any such appointments
may be rejected by a majority vote of the total membership of the
Commission;
4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) To compel the attendance of members at meetings of the
Commission by subpoena, if necessary, subject to the policy of the
Commission as established by its rules; and
(4) To exercise such other powers and duties as may be
assigned to the Presiding Officer by ordinance or rules and
regulations of the Commission.
(d) In the event the office of the member serving as Presiding
Officer becomes vacant for any reason, or in the event the Presiding
Officer is absent for any reason, or in the event the Presiding Officer
exercises the powers of the Chief Executive pursuant to subsections
(b) or (c) of Section 6 of this Act, then the deputy presiding officer
shall exercise the powers and duties of the Presiding Officer during
the absence of the Presiding Officer or until a successor Presiding
Officer is elected by the Commission at the first regular meeting held
during the next succeeding January.
Section 12. Meetings. The Commission shall hold regular meet-
ings on the second and fourth Tuesdays of each month at the county
seat, which meetings shall be open to the public, and may hold such
additional meetings as shall be necessary when called by the Chief
Executive, the Presiding Officer or any four members of the Commis-
sion, but all members shall be notified at least three days in advance
of any such additional meeting. No official action shall be taken by
the Commission except in a meeting which is open to the public. The
Presiding Officer and any three members of the Commission, or any
four members of the Commission exclusive of the Presiding Officer,
shall constitute a quorum, except that a lesser number shall be
sufficient to recess or adjourn any meeting; but no official action shall
be taken except upon the affirmative vote of at least four members of
the Commission, or three members and the Presiding Officer. The
Presiding Officer shall be entitled to the same voting rights as the
Commission members on questions considered by the Commission.
Section 13. Powers and duties of the Chief Executive, (a) The
Chief Executive shall have the exclusive power to supervise, direct
and control the administration of the county government. The Chief
Executive shall carry out, execute and enforce the ordinances, poli-
cies, rules and regulations of the Commission when such ordinances,
policies, rules and regulations become effective. Members of the
Commission shall deal solely through the Chief Executive or his
Executive Assistant in all matters concerning the operation, supervi-
GEORGIA LAWS 1981 SESSION
4319
sion and administration of the various departments, offices, and
agencies of the county government. No member of the Commission
shall directly or indirectly order, instruct, or otherwise attempt to
control the actions of county personnel subject to the administrative
and supervisory control of the Chief Executive.
(b) Subject to the approval of the Commission, the Chief Execu-
tive shall have the power to change, consolidate, or abolish any
departments, agencies, or offices over which the Chief Executive
exercises supervision and control, except that the department of
finance shall be maintained at all times as a separate and distinct
department and may not be abolished by the Chief Executive or by
the Commission. Subject to the approval of the Commission, the
Chief Executive may create other departments, agencies, and offices,
which departments, agencies, and offices, when created, shall be
under the supervision and control of the Chief Executive.
(c) Subject to confirmation by the Commission, the Chief Exec-
utive shall appoint the planning director, finance director, merit
system director, and county attorney. No member of the Commission
or the Commission itself shall be authorized to nominate these
officials. Within budgetary limitations, the Chief Executive shall fix
the compensation of the officers named in this subsection. All such
officers shall serve at the pleasure of the Chief Executive and may
also be discharged for cause by the affirmative vote of at least six
members of the Commission.
(d) Subject to budgetary limitations and DeKalb County Merit
System regulations, the Chief Executive shall have exclusive author-
ity to appoint, remove, and fix the compensation of all employees and
officials of the county, except employees of the Commission, and
except that deputies and employees of the elected county officers of
DeKalb County shall be subject to appointment, removal, supervi-
sion, and control of the respective elective county officers. The
appointment, removal and compensation of persons filling offices and
positions created by State statutes, when not otherwise prescribed by
such statutes, shall be made and fixed by the Chief Executive within
budgetary limitations.
(e) The Chief Executive may convene special meetings of the
Commission when deemed necessary, but all members shall be noti-
fied at least three days in advance of any such special meeting.
4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The Chief Executive may compel the attendance of members
at meetings of the Commission by subpoena, when deemed necessary,
subject to the policy of the Commission as established by its rules.
(g) The Chief Executive shall have power to investigate the
affairs, records and expenditures of the various authorities, boards,
councils, commissions, committees, and similar bodies or agencies,
whether created by ordinance of the Commission or by Acts of the
General Assembly, relating to the affairs of the county and to report
thereon to the Commission.
(h) The Chief Executive shall represent the county in inter-
governmental matters and shall seek to promote and improve the
government of the county and encourage the growth of the county
and promote and develop the prosperity and well-being of the citizens
of the county.
(i) The Chief Executive, within 120 days after the close of each
fiscal year, shall prepare and submit to the Commission a complete
annual report on the financial affairs and activities of the county for
the immediately preceding fiscal year. The annual report shall show
all income from all sources, including State, county, and federal
funds, and all expenditures. The Chief Executive shall cause a
summary of said annual report to be published in the official organ of
DeKalb County. Said published summary shall state that a copy of
the full report is available from the office of the Chief Executive. The
Chief Executive shall also send copies of the full report to each branch
of the county library. The Chief Executive shall also make financial
reports during the year as may be required by the Commission.
(j) The Chief Executive may recommend, at any time, to the
Commission for its formal consideration such measures or proposals
as are deemed necessary or desirable to improve the administration of
the affairs of the county.
(k) The Chief Executive shall devote full time to the duties of
the office and shall have no other source of employment.
(l) The Chief Executive shall issue calls for agenda items and
shall prepare and publish a listing of those items and the same shall
serve as the agenda for the Commission unless superseded by the
Commission.
GEORGIA LAWS 1981 SESSION
4321
Section 14. Executive Assistant; administrators, (a) Subject to
the qualifications for said office as hereinafter provided in this
Section, the Chief Executive shall have exclusive power to appoint,
remove from office, and, within budgetary limitations, fix the com-
pensation of an Executive Assistant.
(b) The Executive Assistant shall be the chief administrative
aide to the Chief Executive and shall be responsible to the Chief
Executive for the proper administration of the affairs of the county.
When directed to do so by the Chief Executive, the Executive
Assistant may exercise any of the administrative duties and powers
vested in the Chief Executive by law or by ordinances, rules and
regulations adopted by the Commission.
(c) The Executive Assistant shall hold a college degree in public
administration, political science, urban affairs, business administra-
tion, engineering, or a related field and must have at least five years of
experience in a supervisory capacity as an employee, director, admin-
istrator, or manager of a city or county government or a state or
federal agency or equivalent experience in the private sector or any
combination thereof.
(d) No person shall be appointed or hold office as Executive
Assistant to the Chief Executive if such person, within two years
immediately preceding appointment, has:
(1) Been a candidate for elective public office;
(2) Been the holder of elective public office; or
(3) Held a management position in the political campaign of
any candidate for the office of Chief Executive, or any member of
the Board of Commissioners of DeKalb County.
(e) After appointment, the Executive Assistant shall not take
part in the management of any political campaign for any elective
public office or hold office in any political party or body. If the
Executive Assistant participates in political activities in violation of
this subsection, such participation, by operation of law, shall result in
the immediate discharge of the Executive Assistant, and the office of
Executive Assistant shall be vacant.
4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The Chief Executive shall also have exclusive power to
appoint, remove from office and, within budgetary limitations, fix the
compensation of two administrators to assist the Executive Assistant
in such manner as the Chief Executive shall direct.
Section 15. Veto power of Chief Executive, (a) Every ordinance
or resolution adopted by the Commission shall be signed by the
Presiding Officer of the Commission or, in the absence of the Presid-
ing Officer, the deputy presiding officer shall sign the ordinance or
resolution. Such ordinance or resolution shall be certified by the clerk
of the Commission and presented by said clerk to the office of the
Chief Executive within two business days following its adoption by
the Commission. The Chief Executive shall approve or veto the
ordinance or resolution within eight business days after its adoption
by the Commission, and, except as hereinafter provided, no ordinance
or resolution shall become effective without the approval of the Chief
Executive.
(b) If the Chief Executive vetoes an ordinance or resolution, the
Chief Executive shall return it to the Commission within two business
days after such veto along with a written statement of the reasons for
the veto. If, at the meeting of the Commission next held after
receiving the vetoed ordinance or resolution, the Commission shall
again pass the ordinance or resolution by a two-thirds vote of its total
membership, such ordinance or resolution shall become effective
without the approval of the Chief Executive. If the Chief Executive
does not approve or veto an ordinance or resolution within eight
business days after its adoption by the Commission, it shall become
effective without the Chief Executives approval.
(c) The Chief Executive may veto any item or items of any
ordinance or resolution making appropriations, and the part or parts
vetoed shall not become effective, except as provided by subsection
(b) of this Section with respect to other ordinances or resolutions.
Any part of an ordinance or resolution making appropriations not
vetoed by the Chief Executive shall become effective.
(d) Nothing in this Section shall authorize the Chief Executive
to exercise a veto over any zoning ordinance adopted by the Commis-
sion pursuant to its authority under paragraph (10) of subsection (a)
of Section 9 of this Act, nor over any rule adopted by the Commission
pursuant to its authority under paragraph (19) of subsection (a) of
Section 9 of this Act.
GEORGIA LAWS 1981 SESSION
4323
Section 16. Comprehensive Development Plan, (a) The Chief
Executive shall from time to time present to the Commission a
Comprehensive Development Plan which shall:
(1) Consider the economic and social aspects of the county;
(2) Set forth the comprehensive development goals, policies
and objectives of the county, its specific geographic areas, commu-
nities and neighborhoods and the citizens thereof; and
(3) In conformity with such development goals, policies and
objectives, identify parks, recreation facilities, sites for public
buildings and structures, utilities, transportation systems and
facilities, housing, community facilities, manufacturing and
industrial sites, future land use for all classifications and such
other elements, features and policies as will promote the improve-
ment of the county.
(b) In preparing or revising the Comprehensive Development
Plan, the Chief Executive shall seek the views and opinions of citizens
of the county and shall establish and publicize formal procedures to
obtain such views and opinions.
Section 17. Budgeting; control of expenditures, (a) The Chief
Executive shall submit to the board not later than August 15 of each
year a revenue estimate for the following year, which shall not exceed
ninety-nine percent of the previous years total revenue.
(b) The Chief Executive shall submit to the board not later than
October 15 of each year a proposed budget governing the expendi-
tures of all funds expected to be available to the county for the
following calendar year and shall include proposed expenditures for
capital outlay and public works projects. The Chief Executive shall
submit to the Commission at the time the proposed budget is submit-
ted a report containing information relating to the financial affairs of
the county which is relevant to establishing the annual budget.
(c) At the time the proposed budget is submitted to the Commis-
sion, the Chief Executive shall cause to be published in the official
organ of DeKalb County a copy of the proposed budget along with a
notice to the public that a public hearing will be held on the proposed
budget at a time and place certain, and the time shall not be less than
ten days after the date of publication of the notice. It shall be the
4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duty of the Commission to hold a meeting at the time and place
specified in the notice for the purpose of conducting such public
hearing. The Commission shall review the proposed budget at such
public hearing and may adopt the same as submitted by the Chief
Executive or make such amendments thereto as the Commission may
deem necessary to maintain the county in sound financial condition.
The Commission may continue the hearing on the proposed budget
from time to time, but the time of and the place where the hearing is
continued shall be publicly announced at the previous hearing. The
Commission shall adopt the proposed budget as submitted or as
amended by the Commission as the budget for the county for the
following calendar year by not later than December 15.
(d) The final budget adopted by the Commission shall consti-
tute the Commissions appropriations of all funds for the calendar
year covered by the budget. The budget may be amended during the
calendar year which it covers upon the Commission taking formal
action for such purpose at a regular meeting of the Commission. Prior
to taking such action, the Commission shall cause to be published in
the official organ of DeKalb County a notice setting forth the pro-
posed changes in the budget and a summary of the reasons therefor.
Said notice shall also state the time and place of the regular meeting
of the Commission at which action to amend the budget is to be taken.
Said notice shall be published at least ten days prior to the date of the
meeting. No increase in appropriations shall be made without provi-
sion also being made to finance such increase.
(e) A copy of the final budget adopted by the Commission and
any amendment to or revision of the budget shall be transmitted by
the Chief Executive to the grand jury of the superior court of DeKalb
County then in session.
(f) No expenditure of county funds shall be made except in
accordance with the county budget, or amendments thereto, adopted
by the Commission. The Chief Executive shall enforce compliance
with this requirement by all departments, offices or agencies of the
county government, including elected county officers, and to this end
shall institute, through the department of finance, a system of
quarterly allotments of all monies appropriated and budgeted.
Section 18. Purchases; contracts, (a) The Chief Executive shall
establish rules to regulate purchasing for all county departments,
offices, and agencies of the county government. Except as hereinafter
GEORGIA LAWS 1981 SESSION
4325
provided, formal seeded bids, after notice of same has been published
one time in the official organ of DeKalb County, must be obtained on
all purchases exceeding $7,500.00. Purchases exceeding $7,500.00 may
be made without formal sealed bids from any vendor who, at the time
of purchase, has an existing contract or schedule with the State of
Georgia or the federal government if the purchase is made pursuant
to the price, terms, and conditions of said contract and if the county
receives all the benefits of such contract.
(b) Except for contracts of employment, the Commission shall
authorize all contracts involving the expenditure of county funds in
excess of $12,500.00.
(c) The dollar limitations specified in subsections (a) and (b)
above may be increased by ordinance of the Commission, but except
for increasing such limitations, the provision of said subsections shall
not be changed by the Commission.
Section 19. Department of finance, (a) The department of
finance is hereby established as a permanent administrative unit of
the county government. The department shall be under the control
and supervision of the director of finance. The department of finance
shall perform the following functions:
(1) Keep and maintain accurate records reflecting the
financial affairs of the county.
(2) Compile the annual budget covering all county funds.
(3) Make quarterly allotments of monies appropriated and
budget to each department, office or agency of the county entitled
to receive same.
(4) Maintain current control accounts over the collection
and deposit of monies due the county from taxes and other
sources.
(5) Examine all claims against the county and make recom-
mendation as to payment.
(6) Maintain budgetary control accounts showing encum-
brances for obligations entered into, liquidation of such encum-
brances, unencumbered balances of allotments, unexpended bal-
ances of appropriations.
4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Maintain proprietary accounts of the current assets and
of the liabilities of all county funds.
(8) Prepare and issue quarterly financial reports of the
operations of all county funds.
(9) Maintain property control records of all county prop-
erty, including equipment and stores, and supervise stores.
(10) Plan and prepare for meeting the financial needs of the
county, project financial requirements, recommend means of
financing those requirements and advise the Chief Executive and
the Commission on financial matters.
(11) Perform such other duties as may be assigned by the
Chief Executive.
(b) The director of finance shall certify to the Chief Executive
and to the Commission on March 31, June 30, September 30 and
December 31 of each year a statement of county finances which shall
reflect the overall county financial position by individual funds as
well as a comparison of cash revenue collections by source with the
budget estimates of cash revenues by source and also a comparison of
departmental expenditures with budget appropriations. The Chief
Executive shall cause the June 30 and December 31 statements to be
published in the official organ of DeKalb County one time and a copy
posted on the county courthouse bulletin board within 30 days of each
date.
(c) Except as hereinafter provided, the provisions of this Section
are advisory only, and the Chief Executive, subject to the approval of
the Commission, may provide for the organization or reorganization
of the department of finance and may specify and provide for the
powers and duties of the director of finance and other personnel of
the department of finance in such manner as may be necessary or
desirable for the efficient and effective operation of the department
of finance. The department of finance and the office of director of
finance shall not be abolished by the Chief Executive or the Commis-
sion.
Section 20. Records; minutes. The director of finance shall be ex
officio clerk of the Chief Executive and the Commission and shall
keep a proper and accurate book of minutes wherein shall appear all
GEORGIA LAWS 1981 SESSION
4327
the acts, orders and proceedings of the Commission, in chronological
order, and a similar book of minutes wherein shall appear, in chrono-
logical order, all acts, orders and proceedings of the Chief Executive.
The minute books of the Chief Executive and the Commission shall
be open to public inspection at all times during the regular office
hours, and certified copies of any entries therein shall be furnished by
the said clerk to any person requesting same upon payment of a
reasonable fee, to be paid into the county treasury as other funds, to
be assessed by the Commission in an amount sufficient to defray the
cost of preparing same.
Section 21. Agreements of candidates. It shall be unlawful for any
candidate, either for the office of Chief Executive or for membership
on the Commission, or for nomination to either of such offices, to
enter into any agreement or understanding with any person as to the
disposal of any work or appointment which is or shall be under the
control of the Chief Executive or the Commission, and any person so
offending shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as for a misdemeanor.
Section 22. Officials not to be interested in contracts. Neither the
Chief Executive nor any member of the Commission or other county
officer empowered to use public or county funds for the purchase of
goods, property, or services of any kind for public or county purposes
shall be financially interested, directly or indirectly, in any contract
to which the county is a party, either as principal, surety or otherwise;
nor shall such officer, his partner, agent, servant, or employee of a
firm of which he is a member or by whom he is employed purchase
from or sell to the county any real or personal property, goods or
services. Any contract made in violation of any of the foregoing
provisions shall be void, and the officer so offending shall be removed
from office 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. Provided, however, that the provisions
of this Section shall not be applicable to any contract which has been
approved, prior to execution, performance and payment thereon, by a
majority of the Commission by a proper entry on the minutes of the
Commission.
Section 23. How sections amended, limitations on powers, (a)
Pursuant to the authority of an amendment to the Constitution
ratified at the 1978 general election as set forth in Georgia Laws 1978,
pages 2370-2372, which amendment authorized the General Assem-
4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bly to provide by law for the form of government of DeKalb County
and to provide for the various officers, bodies, branches, or agencies
by or through which the countys governmental powers shall be
exercised, it is the purpose of this Section to specify the exclusive
method by which the various provisions of this Act may hereafter be
amended and to limit the powers of the Commission in connection
therewith. The exclusive method of amendment of the various provi-
sions of this Act shall be as follows:
(1) Sections 1, 3, 4, 5, 6,11,13,14,15,16, and 23 of this Act
and subsections (a) and (c) of Section 2 of this Act and subsection
(a) of Section 9 of this Act may be amended only by Acts of the
General Assembly, and any such Act shall be conditioned for its
effectiveness on the approval of a majority of the qualified electors
of DeKalb County voting at an election held for such purpose.
(2) Section 19 of this Act may be amended only by Acts of
the General Assembly, except as otherwise provided by said
Section 19, and any such Act shall be conditioned for its effective-
ness on the approval of a majority of the qualified electors of
DeKalb County voting at an election held for such purpose.
(3) Subsection (b) of Section 2 of this Act, Sections 7, 8, 21,
and 22 of this Act, and subsection (c) of Section 9 of this Act may
be amended only by Acts of the General Assembly.
(4) Section 18 of this Act may be amended only by Acts of
the General Assembly, except as otherwise provided by said
Section 18.
(5) Subsection (b) of Section 9 of this Act and Sections 10,
12,17, and 20 of this Act may be amended only by the Commission
pursuant to the authority and requirements of Article IX, Section
II, of the Constitution of Georgia of 1976.
(b) No power or combination of powers vested in the Commis-
sion by Section 9 or any other provision of this Act may be exercised
in any manner to amend, change, supersede, or repeal, directly or
indirectly, any powers vested in the Chief Executive by this Act.
Section 2. Referendum. It shall be the duty of the election
superintendent of DeKalb County to issue the call for an election for
the purpose of submitting this Act to the electors of DeKalb County
GEORGIA LAWS 1981 SESSION
4329
for approval or rejection. The superintendent shall set the date of
such election for the same date as the date of the general primary
election of 1982. 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 written or
printed thereon the words:
[ ] YES - ShalltheActestablishingtheformofgovern-
ment of DeKalb County and fixing the pow-
ers and duties of the officers constituting the
[ ] NO governing authority of DeKalb 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 at
the time and subject to the limitations provided in Section 3 of this
Act, but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by DeKalb County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be the superintendents further duty to certify the
result thereof to the Secretary of State.
Section 3. Effective dates. If this Act is approved at the
referendum provided by Section 2 above, it shall become effective as
follows:
(1) The provisions of this Act necessary to have members of
, the governing authority of DeKalb County elected pursuant to
this Act shall be effective for the purpose of nominating and
electing such members at the 1984 general election.
(2) For all other purposes, this Act shall become effective on
January 1,1985.
Section 4. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 5. Conflicting laws repealed. 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
1981 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, 1956 (Ga. Laws
1956, p. 3237) as amended, and for other purposes.
Robert H. Bell
Senator,
5th District
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: January 1, 8, 15,
1981.
/s/ Robert H. Bell
Senator,
5th District
GEORGIA LAWS 1981 SESSION
4331
Sworn to and subscribed before me,
this 6th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GLYNN COUNTYCOUNTY SCHOOL SUPERINTENDENT.
No. 646 (Senate Bill No. 330).
AN ACT
To amend an Act entitled An Act to consolidate and amend An
Act to regulate public instruction in the county of Glynn, approved
February 21st, 1873, and the several Acts amendatory thereof, and for
other purposes herein mentioned, approved August 12, 1914 (Ga.
Laws 1914, p. 275), as amended, so as to provide that the board of
education for Glynn County shall elect and contract with a county
superintendent of schools for such period of time as is determined by
said board; to provide certain powers, privileges, and immunities to
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 entitled An Act to consolidate and amend
An Act to regulate public instruction in the county of Glynn,
4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved February 21st, 1873, and the several Acts amendatory
thereof, and for other purposes herein mentioned, approved August
12,1914 (Ga. Laws 1914, p. 275), as amended, is hereby amended by
striking the first three sentences of Section 6, which read as follows:
Be it further enacted, That the said board of education shall elect
a county superintendent of schools, whose term of office shall begin
on the 1st day of August. The term of office shall be for one (1) year.
However, in the event the same person is again elected to succeed
himself then his second term shall be for two (2) years, and in the
event he is again elected to succeed himself then his following terms
shall be for four (4) years each.,
and inserting in their place the following:
Be it further enacted, That the said board of education shall elect
and contract with a county superintendent of schools for such period
of time as is determined by the board.,
so that when so amended said section shall read as follows:
Sec. 6. Be it further enacted, That the said board of education
shall elect and contract with a county superintendent of schools for
such period of time as is determined by the board. No person shall be
eligible to said office until he has had a bona fide experience of three
(3) years as a school teacher or school superintendent. He shall be
charged with the management and control of the public schools of
Glynn County under the rules and regulations, as prescribed by the
board. He shall assign principals and teachers to such schools and
grades as he deems best, subject, however, to change by the board of
education. By authority of his office as county superintendent of
schools, he shall be secretary of the board, and it shall be his duty to
be present at the meetings of the board and to record in a book
provided for the purpose, all their official proceedings, which shall be
a public record open to the inspection of any person interested
therein. He shall also provide a blank book, in which he shall keep the
minutes of his own official proceedings. He shall deliver to his
successor in office said records and all the books, papers and property
appertaining to his office. He shall report annually to the State
Superintendent of Schools such information as may be required by
the said State Superintendent. He shall constitute the medium of
communication between the State Superintendent of Schools and the
subordinate school officers, and also between the State Superinten-
GEORGIA LAWS 1981 SESSION
4333
dent of Schools and the schools. He shall visit every school in the
county at least once in sixty (60) days for the purpose of increasing
their usefulness, elevating as far as practicable the poorer to the
standard of the best, endeavoring to promote uniformity in the
organization and management, and to secure their obedience to the
school laws and regulations of the board. He shall have the power,
and it shall be his duty, to revoke any teachers license granted by him
or his predecessor when such teacher shall prove incompetent, or be
guilty of immorality, cruelty or general neglect of his or her duties.
This revocation of license shall terminate the connection of the
teacher with any school which he or she may have been elected to
teach, but the teacher so dismissed shall have the right to appeal to
the board, whose decision shall be final. He shall have the power, and
it shall be his duty, to refuse to admit, or to suspend or expel, any
child or children from any of the schools if at any time it would, in his
judgment, be detrimental to the moral and general welfare of the
other pupils therein to allow them to enter, or permit them to remain
in school; provided, however, the parent or guardian of the child may
appeal to the board, whose decision shall be final. He shall perform
such other duties as may be prescribed by the board. The county
superintendent of schools shall receive for his services such compen-
sation as the board of education may prescribe, to be paid out of the
school funds in such manner as other bills. The county superinten-
dent of schools shall be ex-officio superintendent of the schools
within the city of Brunswick.
Section 2. Said Act is further amended by adding a new Section
2.1 to read as follows:
Section 2.1. Notwithstanding any other provisions of law, said
board of education shall have such powers, privileges, and immuni-
ties, including sovereign immunity, as are now or may hereafter be
enjoyed by county boards of education subject to the Constitution of
Georgia.
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.
4334 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
1981 session of the General Assembly of Georgia an Act to amend an
Act regulating public instruction in Glynn County, approved Febru-
ary 21, 1873, (Ga. Laws 1873, p. 256), as amended, and for other
purposes.
This 16th day of December, 1980.
/s/ Bill Littlefield
Senator,
6th District
Bishop and Taylor
Attorneys for the Glynn
County Board of Education
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: December 20, 27, 1980 and
January 3,1981.
/s/ Bill Littlefield
Senator,
6th District
GEORGIA LAWS 1981 SESSION
4335
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
BRUNSWICK AND GLYNN COUNTY DEVELOPMENT
AUTHORITYPROJECTS.
No. 647 (Senate Bill No. 331).
AN ACT
To amend an Act implementing the Brunswick and Glynn County
Development Authority, approved April 2, 1963 (Ga. Laws 1963, p.
2826), as amended by an Act approved March 30, 1965 (Ga. Laws
1965, p. 2928), which Act was enacted pursuant to an amendment to
the Constitution set out at Ga. Laws 1962, p. 810, so as to define the
word project to include certain hotel and motel facilities; to grant to
the authority the powers granted to other authorities by the Devel-
opment Authorities Law; 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. An Act implementing the Brunswick and Glynn
County Development Authority, approved April 2, 1963 (Ga. Laws
1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga.
Laws 1965, p. 2928), which Act was enacted pursuant to an amend-
ment to the Constitution set out at Ga. Laws 1962, p. 810, is hereby
amended by designating the existing text of subsection (b) of Section
3 as paragraph (1) and adding a new paragraph (2) of subsection (b) of
Section 3 to read as follows:
4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The word project shall also include the acquisition, con-
struction, improvement, modification, expansion, modernization,
equipping, or remodeling of any property, real or personal, which
shall be used as or in connection with a hotel or motel that provides
food and lodging for transient guests with not less than 80 guest
rooms available for overnight accommodations, which is hereby
declared to be a project of sufficient magnitude to result in a
substantial increase in employment, to confer significant economic
benefit upon the geographical area served by the authority, and to
promote the public good and welfare of the County of Glynn and the
City of Brunswick and their inhabitants.
Section 2. Said Act is further amended by adding a new Section
6.1 to read as follows:
Section 6.1. The powers and authority prescribed and provided
to the Brunswick and Glynn County Development Authority by this
Act are hereby supplemented, enlarged, and extended to include all
powers and authority granted pursuant to the Development Authori-
ties Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as
heretofore and as the same may be hereafter amended, to authorities
created and activated thereunder, as though said Brunswick and
Glynn County Development Authority had been created and acti-
vated pursuant to said Development Authorities Law. Without
limiting the foregoing, it is hereby prescribed and provided, as
follows:
(1) The word project as defined in subsection (b) of Sec-
tion 3 of this Act shall also be deemed to mean and include any
project heretofore or hereafter authorized as a permitted under-
taking pursuant to the Development Authorities Law.
(2) The term cost of project as defined in Section 3(c) of
this Act shall also embrace all costs heretofore or hereafter permit-
ted to be included as a cost of project under the Development
Authorities Law.
(3) In addition to obligations of any kind or character which
the Brunswick and Glynn County Development Authority is
authorized to issue pursuant to this Act, said Authority is hereby
additionally authorized to issue any obligations now or hereafter
authorized to be issued by authorities created by the Develop-
ment Authorities Law, and such additional obligations hereby
GEORGIA LAWS 1981 SESSION
4337
authorized to be issued shall be authorized, issued, validated, and
delivered in the manner and pursuant to the procedures as set
forth in the Development Authorities Law, as heretofore or
hereafter amended.
(4) It is the purpose of the General Assembly that the
Brunswick and Glynn County Development Authority have and
retain all powers set forth in this Act and that those powers be
fully supplemented, enlarged, and extended so as to permit said
Authority to conduct its business and perform its public purposes
as fully and completely as though it were also an authority
created by and activated pursuant to the Development Authori-
ties Law, as now enacted and as the same may hereafter be
amended.
Section 3. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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. 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 Apply for Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 Session of the General Assembly of the State of Georgia (Ga.
Laws 1963, p. 2826 et seq.) implementing certain provisions of an
amendment to the Constitution of Georgia creating the Brunswick
and Glynn County Development Authority, ratified November 6,
1962 (Ga. Laws 1962, p. 810 et seq.), so as to supplement, enlarge and
extend the powers and authority prescribed and provided to the
4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Brunswick and Glynn County Development Authority by including
all powers now or hereafter granted by the Development Authorities
Law (Ga. Laws 1969, p. 137 et seq.) to authorities created thereunder,
and by further defining the term project to include undertakings
for hotel and motel facilities; to provide for severability; to provide an
effective date; and for other purposes.
This 14 day of January, 1981.
Richard W. Littlefield,Jr.
Senator, 6th District
James R. Tuten
Representative, 153rd
Dean Auten
Representative, 154th
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 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 15,22,29,1981.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4339
GLYNN COUNTYACT PLACING CLERK OF
SUPERIOR COURT AND JUDGE OF PROBATE
COURT ON SALARY BASIS AMENDED.
No. 650 (Senate Bill No. 360).
AN ACT
To amend an Act placing the clerk of superior court and probate
judge of Glynn County on an annual salary, approved March 27,1972
(Ga. Laws 1972, p. 3199), as amended, so as to change the compensa-
tion of said clerk and judge and of the judges and clerks 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 and probate
judge of Glynn County on an annual salary, approved March 27,1972
(Ga. Laws 1972, p. 3199), as amended, is hereby amended by striking
Section 2 and inserting in its place a new section to read as follows:
Section 2. The clerk of superior court shall receive an annual
salary of $25,500.00, payable in equal monthly installments from
Glynn County funds.
Section 2. Said Act is further amended by striking in its entirety
Section 3 and inserting in lieu thereof a new Section 3 to read as
follows:
Section 3. The judge of the probate court shall receive an annual
salary of $25,500.00, payable in equal monthly installments from the
funds of Glynn County.
Section 3. Said Act is further amended by striking paragraph (2)
of subsection (a) of Section 5 of said Act and substituting in lieu
thereof the following:
4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The base annual salary of the persons employed by the clerk
shall be fixed by the clerk within the following amounts:
chief deputy ..........................$12,840.00 to $16,050.00
9 deputy clerks........................$ 7,062.00 to $10,914.00
Section 4. Said Act is further amended by striking subsection
(b) of Section 5 of said Act and substituting in lieu thereof the
following:
(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 $24,800.00 annually. Such salaries shall be paid in equal
monthly installments from the funds of Glynn County.
Section 5. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without 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
1981 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 22nd day of December 1980.
Bill Littlefield
Senator,
6th District
James R. Tuten, Jr.
Representative,
153rd District
GEORGIA LAWS 1981 SESSION
4341
Dean Auten
Representative,
154th 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 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: December 24, 31, 1980 and
January 7,1981.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GILMER COUNTYCOMPENSATION OF DEPUTY
SHERIFFS.
No. 653 (Senate Bill No. 374).
AN ACT
To amend an Act placing the sheriff of Gilmer County on a salary
in lieu of fees, approved February 28,1966 (Ga. Laws 1966, p. 2480),
as amended, particularly by an Act approved April 17,1975 (Ga. Laws
1975, p. 4040), so as to change the provisions relating to the sheriffs
deputies; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Gilmer County on a
salary in lieu of fees, approved February 28,1966 (Ga. Laws 1966, p.
2480), as amended, particularly by an Act approved April 17, 1975
(Ga. Laws 1975, p. 4040), is hereby amended by striking Section 5 in
its entirety and substituting in lieu thereof a new Section 5 to read as
follows:
Section 5. The sheriff of Gilmer County shall have the authority
to appoint five deputies and to fix the compensation of each such
deputy in an amount not less than $700.00 or more than $1,000.00 per
month. The compensation of all such deputies shall be payable from
the funds of Gilmer County. The governing authority of Gilmer
County shall furnish uniforms for the sheriff and deputies, but the
deputies shall be responsible for furnishing their own handguns. It
shall be within the sole power and authority of the sheriff, during his
term of office, to designate and name the persons who shall be
employed as deputies and to prescribe their duties and assignments
and to remove or replace any such deputy at will and within his sole
discretion.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
4343
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act placing the sheriff of Gilmer County on a salary in lieu of fees,
approved February 28, 1966 (Ga. Laws 1966, p. 2480), as amended;
and for other purposes.
This 12th day of January, 1981.
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 Times-Courier which is the official organ of
Gilmer County, on the following dates: January 15,22,29,1981.
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GILMER COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT AND DEPUTY CLERK.
No. 654 (Senate Bill No. 373).
AN ACT
To amend an Act abolishing the fee system of compensation for
the clerk of the Superior Court of Gilmer County and providing a
salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p.
4386), as amended by an Act approved March 24, 1978 (Ga. Laws
1978, p. 4438), so as to change the provisions relating to the compen-
sation of the clerk and the deputy 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 abolishing the fee system of compensation for
the clerk of the Superior Court of Gilmer County and providing a
salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p.
4386), as amended by an Act approved March 24, 1978 (Ga. Laws
1978, p. 4438), is hereby amended by striking Section 1 in its entirety
and substituting in lieu thereof a new Section 1 to read as follows:
Section 1. The clerk of the superior court shall receive an annual
salary of $16,200.00 payable in equal monthly installments from the
funds of Gilmer County.
Section 2. Said Act is further amended by striking from Section
4 the following:
$6,800.00,
and inserting in lieu thereof the following:
$8,500.00,
so that when so amended Section 4 shall read as follows:
Section 4. The Clerk of the Superior Court shall have the
authority to appoint a deputy clerk who shall receive an annual salary
not exceeding $8,500.00, payable in equal monthly installments from
county funds. The Clerk of the Superior Court shall be authorized to
GEORGIA LAWS 1981 SESSION
4345
fix the compensation of such deputy clerk within the limitation
herein provided. 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 who shall be employed as such deputy clerk and
to prescribe his duties and assignments, and to remove or replace the
deputy clerk at will and within his sole discretion.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act abolishing the fee system of compensation of the Clerk of the
Superior Court of Gilmer County and providing a salary for said
officer and Deputy Clerk, approved April 17,1975 (Ga. Laws 1975, p.
4386), as amended; and for other purposes.
This 13th day of January, 1981.
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 Times-Courier which is the official organ of
Gilmer County, on the following dates: January 15,22,29,1981.
/s/ John C. Foster
Senator,
50th District
243
4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
McIntosh countysmall claims court act
AMENDED.
No. 666 (Senate Bill No. 424).
AN ACT
To amend an Act creating the Small Claims Court of McIntosh
County, approved April 11, 1979 (Ga. Laws 1979, p. 4431), so as to
change the amount of the jurisdiction of said court; to change the
provisions relating to commencement of actions and service; to
change the provisions relating to costs; to change the provisions
relating to appeals; 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 McIntosh
County, approved April 11,1979 (Ga. Laws 1979, p. 4431), is hereby
amended by striking from Section 1 the following:
$1,500.00,
and inserting in lieu thereof the following:
$2,500.00,
GEORGIA LAWS 1981 SESSION
4347
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 McIntosh 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. Said Act is further amended by striking subsections
(b) through (g) of Section 6 in their entirety and substituting in lieu
thereof new subsections (b) through (f) to read as follows:
(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 30 days
from the date of the service of said notice.
4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. 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. (a) The plaintiff, when he files his claim, shall deposit
with the court a sum, in accordance with the schedule set forth in
subsection (b) of this section, 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.
(b) The sum to be deposited by the plaintiff with the court shall
be as follows:
When the amount of the claim is: The deposit shall be:
Up to $500 .............................................$ 10.00
Over $500 but not over $1,000 .......................... 15.00
Over $1,000 but not over $1,500 ........................ 20.00
Over $1,500 but not over $2,000 ........................ 25.00
Over $2,000............................................. 30.00
(c) 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 deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
Section 4. Said Act is further amended by striking Section 16 in
its entirety and substituting in lieu thereof a new Section 16 to read as
follows:
Section 16. Appeals may be had from judgments returned in the
small claims court to the superior court and the same provisions now
GEORGIA LAWS 1981 SESSION
4349
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 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of McIntosh County, approved
April 11,1979 (Ga. Laws 1979, p. 4431); and for other purposes.
This 20th day of January, 1981.
R. D. Gardner
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 Darien News which is the official
organ of McIntosh County, on the following dates: January 29,
February 5,12,1981.
/s/ Glenn E. Bryant
Senator,
3rd District
4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 19th day of February, 1981.
Is/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
COBB-MARIETTA COLISEUM AND EXHIBIT HALL
AUTHORITY ACT AMENDED.
No. 667 (Senate Bill No. 436).
AN ACT
To amend an Act creating the Cobb-Marietta Coliseum and
Exhibit Hall Authority, approved March 26,1980 (Ga. Laws 1980, p.
4091), so as to provide for the creation of the Authority; to state the
general purpose of the Authority and to provide for perpetual exis-
tence of the Authority; to change and restate provisions relative to the
issuance of revenue bonds; 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 Cobb-Marietta Coliseum and
Exhibit Hall Authority, approved March 26, 1980 (Ga. Laws 1980, p.
4091), is hereby amended by striking Section 2 thereof in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. (a) There is hereby created a body corporate and
politic to be known as the Cobb-Marietta Coliseum and Exhibit Hall
Authority, and which shall be deemed to be a political subdivision of
GEORGIA LAWS 1981 SESSION
4351
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) 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 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 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 ana all things
deemed by the Authority necessary, convenient and desirable for and
incident to the efficient and proper development of such types of
undertakings.
Section 2. Said Act is further amended by inserting at the end of
subsection (j) of Section 3 a new sentence to read as follows:
The Authority shall have perpetual existence.
Section 3. Said Act is further amended by striking Sections 7 to
18, inclusive, in their entirety and inserting in lieu thereof new
Sections 7 to 28, inclusive, to read as follows:
Section 7. 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 pur-
4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pose 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
from date at such rate or rates per annum payable at such time or
times as shall be determined by the Authority, principal shall mature
at such time or times not exceeding 40 years from their date or dates,
shall be payable in such medium of payment as to both principal and
interest as may be determined by the Authority and may be made
redeemable before 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 8. 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.
Section 9. Same; Signatures; Seal - The bonds shall be signed by
the chairman of the Authority manually or by use of the facsimile
signature of the chairman and the official seal of the Authority shall
be affixed thereto and attested by the secretary-treasurer of the
Authority and any coupons attached thereto shall bear the facsimile
signatures of the chairman and secretary-treasurer of the Authority.
Any coupon may bear the facsimile signature of such persons and any
bond may be signed, sealed, and attested on behalf of the Authority
by such persons as at the actual time of the execution of such bonds
shall be duly authorized or hold the proper office, although at the date
of such bonds such persons may not have been so authorized or shall
not have held such office. In case any officer whose signature shall
appear on any bonds, or whose facsimile signature shall appear on any
coupon, shall cease to be such officer before the delivery of such
bonds, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if he had remained in office until such delivery.
Section 10. Same; Negotiability; Exemption from Taxation - All
revenue bonds issued under the provisions of this Act shall have and
GEORGIA LAWS 1981 SESSION
4353
are hereby declared to have all the qualities and incidents of negotia-
ble instruments under the laws of this State. Such bonds are declared
to be issued for an essential public and governmental purpose and
such bonds and the interest thereon shall be exempt from all taxation
within the State.
Section 11. 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 interests of the Authority and the proceeds derived from the
sale of such bonds shall be used solely for the purpose provided in the
proceedings authorizing the issuance of such bonds.
Section 12. Same; Interim Receipts and Certificates or Tempo-
rary 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, which
interim receipts and certificates or temporary bonds shall be
exchanged, redeemed, paid or otherwise discharged upon the issuance
of the definitive bonds.
Section 13. 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 14. Conditions Precedent to Issuance; Object of Issu-
ance - Such revenue bonds may be issued without any other pro-
ceedings, 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 15. 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, County of Cobb or the City of Marietta nor a
pledge of the faith and credit of said State, County, or City, 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, County or City to levy or to
4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 16. Same; Trust Indenture as Security - In the discretion
of the Authority, any issue of such revenue bonds may be secured by a
trust indenture by and between the Authority and a corporate
trustee, which may be any trust company or bank 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 pari passu with the revenue bonds initially issued pursuant to
such resolution or trust indenture. It shall be lawful for any bank or
trust company incorporated under the laws of this State to act as such
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 or resolution 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 or resolution may be treated as a
part of the cost of maintenance, operation and repair of the project
affected by such indenture.
Section 17. Same; To Whom Proceeds of Bonds Shall Be Paid -
The Authority shall, in the resolution providing for the issuance of
GEORGIA LAWS 1981 SESSION
4355
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 18. 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 indenture 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) the necessary charges of paying agents for
paying principal and interest, (4) any premium upon bonds acquired
by redemption, payment or otherwise, and (5) any investment fees or
charges. The use and disposition of such sinking funds shall be
subject to such regulations as may be provided in the resolution
authorizing the issuance of the revenue bonds or in the trust inden-
ture, 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 be reissued, printed and delivered.
Section 19. 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 inden-
ture, 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
4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 20. 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 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 21. Same; Venue and Jurisdiction - Any action to protect
or enforce any rights under the provisions of this Act or any suit or
action against such Authority shall be brought in the Superior Court
of Cobb County, Georgia, and any action pertaining to validation of
any bonds issued under the provisions of this Act shall likewise be
brought in said court which shall have exclusive, original jurisdiction
of such actions.
Section 22. Same; Validation - Bonds of the Authority shall be
confirmed and validated in accordance with the procedure of the
Revenue Bond Law, as now or hereafter amended. The petition for
validation shall also make party defendant to such action any munici-
pality, county, authority, subdivision, or instrumentality of the State
of Georgia which has contracted with the Authority for services and
facilities of the project for which bonds are to be issued and sought to
be validated, and such municipality, county, 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 conclu-
sive with respect to such bonds, against the Authority issuing the
same, and any municipality, county, authority, subdivision or instru-
mentality contracting with the said Authority.
GEORGIA LAWS 1981 SESSION
4357
Section 23. Same; Interest of Bondholders Protected - While any
of the bonds issued by the Authority remain outstanding, the powers,
duties or existence of said Authority or of its officers, employees, or
agents, shall not be diminished or impaired in any manner that will
affect adversely the interests and rights of the holders of such bonds,
and no other entity, department, agency, or authority, will be created
which will compete with the Authority to such an extent as to affect
adversely the 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 24. Moneys Received Considered Trust Funds - All
moneys received pursuant to the authority of this Act, whether as
proceeds from the sale of revenue bonds, interim receipts and certifi-
cates or temporary bonds, as grants or other contributions, or as
revenues, income, fees and earnings, shall be deemed to be trust funds
to be held and applied solely as provided in this Act and in accordance
with the proceedings authorizing the issuance of such bonds.
Section 25. 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 nor lessees
of the Authority and shall not include exemptions from sale and use
taxes on property purchased by the Authority or for use by the
Authority.
Section 26. Rates, Charges and Revenues; Use - The Authority is
hereby authorized to prescribe and fix and collect rates, fees, tolls and
4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
charges, and to revise from time to time and collect such rates, fees,
tolls and charges for the services, facilities or commodities furnished,
including leases, concessions or subleases of its land or facilities, or
contracts for the use of its land and facilities, and to determine the
price and terms at and under which its lands or facilities may be sold,
and, in anticipation of the collection of the revenues and income of
such undertakings or projects, is authorized to issue revenue bonds as
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, includ-
ing the revenues of improvements, betterments or extensions thereto,
thereafter made or the sale of any of its land and facilities.
Section 27. Rules and Regulations for Operation of Projects - It
shall be the duty of the Authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act.
Section 28. Tort Immunity - The Authority shall have the same
immunity and exemption from liability for torts and negligence as
Cobb County and the City of Marietta; 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 Cobb County and the City of Marietta when in the performance of
their public duties or work.
Section 4. Said Act is further amended to renumber Sections 19,
20,21,22 and 23 as Sections 29,30,31,32 and 33, respectively.
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.
GEORGIA LAWS 1981 SESSION
4359
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made to the
January, 1981 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 9th day of Jan., 1981.
Joe Mack Wilson
Representative,
District 19, Post 1
Roy Barnes
Senator,
33rd District
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 Marietta Daily Journal which is the official organ of
Cobb County, on the following dates: January 30, February 6, 13,
1981.
/s/ Roy E. Barnes
Senator,
33rd District
4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
STATE COURT OF COBB COUNTYCRIMINAL
JURISDICTION OF JUSTICES OF THE PEACE.
No. 668 (Senate Bill No. 438).
AN ACT
To amend an Act creating the State Court of Cobb County
(formerly the Civil and Criminal Court of Cobb County), approved
March 26, 1964 (Ga. Laws 1964, Regular Session, p. 3211), as
amended, so as to provide that justices of the peace of Cobb County
shall have criminal jurisdiction throughout the entire county; 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
(formerly the Civil and Criminal Court of Cobb County), approved
March 26, 1964 (Ga. Laws 1964, Regular Session, p. 3211), as
amended, is hereby amended by designating the existing text of
Section 28 as subsection (a) and by adding a new subsection (b) to
read as follows:
(b) Notwithstanding the provisions of subsection (a) of this
section, the several Cobb County justices of the peace and notaries
public ex officio justices of the peace not abolished by this Act shall
GEORGIA LAWS 1981 SESSION
4361
have criminal jurisdiction throughout Cobb County, including with-
out limitation that area of Cobb County within the corporate limits of
Marietta, as is provided in Code Section 24-1502.
Section 2. This Act is intended to be declaratory of existing law,
and the passage of this Act shall not be construed to imply that the
law was otherwise prior to its passage.
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
1981 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 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Roy E. Barnes who, on oath, deposes
4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 30, February 6,
13,1981.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
COMPENSATION OF BOARDS OF EDUCATION IN
CERTAIN COUNTIES (550,000 or more)
(600,000 or more).
No. 669 (Senate Bill No. 441).
AN ACT
To amend an Act providing for the salary and expenses of mem-
bers of the board of education and the president of such board in
counties of this State having a population of 600,000 or more accord-
ing to the United States decennial census of 1970 or any future such
census, approved March 16, 1978 (Ga. Laws 1978, p. 3929), so as to
change the population requirement of said Act; to provide an effective
date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
4363
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the salary and expenses of
members of the board of education and the president of such board in
counties of this State having a population of 600,000 or more accord-
ing to the United States decennial census of 1970 or any future such
census, approved March 16,1978 (Ga. Laws 1978, p. 3929), is hereby
amended by striking from Section 1 the following:
600,000,
and inserting in lieu thereof the following:
550,000,
so that when so amended Section 1 shall read as follows:
Section 1. Members of the county board of education in counties
of this State having a population of 550,000 or more according to the
United States Decennial Census of 1970 or any future such census
may be paid a salary of $200.00 per month each, and the president of
the board of education in any such county may be paid a salary of
$300.00 per month. All such members and said president may be
reimbursed for actual and necessary expenses incurred by them in
carrying out their official duties. The salaries and expenses provided
for herein may be paid from any funds available to any such county
board of education.
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 April 9,1981.
4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTYBOARD OF EDUCATION.
No. 671 (Senate Bill No. 447).
AN ACT
To amend an Act establishing in DeKalb County districts from
which the members of the county board of education shall be elected,
approved April 12,1963 (Ga. Laws 1963, p. 3424), as amended by an
Act approved March 2,1966 (Ga. Laws 1966, p. 2810), and by an Act
approved April 25,1969 (Ga. Laws 1969, p. 3586), so as to change the
provisions relative to school board districts; to change the provisions
relative to the election of members of said board of education; to
provide for all 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 in DeKalb County districts from
which the members of the county board of education shall be elected,
approved April 12,1963 (Ga. Laws 1963, p. 3424), as amended by an
Act approved March 2,1966 (Ga. Laws 1966, p. 2810), and by an Act
approved April 25,1969 (Ga. Laws 1969, p. 3586), is 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 in DeKalb County a board
of education of seven members, and for the purpose of electing said
members, there shall be six school board districts as follows:
School Board District No. 1 shall consist of that portion of DeKalb
County lying without the corporate limits of the Cities of Atlanta and
Decatur described as follows:
District No. 1
DeKalb Tracts 211,212.02,212.03,212.04, 212.05,
212.06, 212.07, 213.01, 213.02, 213.03, 213.04, 214.02, and
214.03.
School Board District No. 2 shall consist of that portion of DeKalb
County lying without the corporate limits of the Cities of Atlanta and
Decatur described as follows:
GEORGIA LAWS 1981 SESSION
4365
District No. 2
DeKalb
Tracts 214.01, 214.04, 215, 216.01, 216.02,
216.03, 217.01, 217.02, 221, 222, 223.01, 223.02,
224.01, 224.02, and 224.03.
School Board District No. 3 shall consist of that portion of DeKalb
County lying without the corporate limits of the Cities of Atlanta and
Decatur described as follows:
District No. 3
DeKalb
Tracts 218.02, 218.03, 218.04, 219.01, 219.02,
220.01, 220.02, 220.03, part of 231.04,
EDs 849, 850, 851, 853, 854, 855, and 856.
School Board District No. 4 shall consist of that portion of DeKalb
County lying without the corporate limits of the Cities of Atlanta and
Decatur described as follows:
District No. 4
DeKalb
Tracts 219.03, 232.01, 232.02, 232.03, 233.01,
233.02, 233.03, 233.04, 234.04, 234.05, 234.06,
234.07, and part of 235.03,
EDs 898, 900, and 901.
4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
School Board District No. 5 shall consist of that portion of DeKalb
County lying without the corporate limits of the Cities of Atlanta and
Decatur described as follows:
District No. 5
DeKalb
Tracts 229, 230, 231.01, 231.02, 231.03,
and part of 231.04,
EDs 854, 855, 856, 858, and 859.
Tracts 235.01, 235.02, and part of 235.03,
EDs 896, 897, 899, and 902.
Tracts 234.03, 236, 237, 238.01, 238.02,
and 238.03.
School Board District No. 6 shall consist of the entire portion of
DeKalb County lying outside the corporate limits of the Cities of
Atlanta and Decatur and there shall be two posts for said district to
be designated Posts 1 and 2. A member shall be elected from each of
said posts.
(b) For the purposes of subsection (a) of this section, the word
Tract shall mean Census Tract, and the designation ED shall
mean Enumeration District. The terms Census Tract and Enu-
meration 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 1980 for the State of
Georgia.
(c) Any portion of DeKalb County lying without the corporate
limits of the Cities of Atlanta and Decatur which is not included in
School Board Districts 1,2,3,4, or 5 described in subsection (a) of this
section shall be included within School Board Districts 1, 2, 3, 4, or 5
contiguous to such portion which contains the least population
GEORGIA LAWS 1981 SESSION
4367
according to the United States decennial census of 1980 for the State
of Georgia.
Section 2. Said Act is further amended by striking Section 2 in
its entirety and substituting in lieu thereof a new Section 2 to read as
follows:
Section 2. (a) The members of the board of education of DeKalb
County serving at the time this Act becomes effective shall continue
to serve out the terms of office to which they were elected. Their
successors shall be elected as provided for by subsections (b) and (c)
of this section, and they shall take office and serve for the term of
office as provided for therein.
(b) The members of the board of education first elected, as
hereinafter provided, from School Board Districts 1, 3, and 5, and
Post 1 of School Board District 6 shall be the successors to the
incumbent members from the heretofore existing School Board Dis-
tricts 1, 4, 6, and 7, respectively. The first such members shall be
elected at the general election held in 1982 and shall take office on the
first day of January, 1983, for terms of four years and until their
successors are elected and qualified. Thereafter, future successors
shall be elected at the general election immediately preceding the
expiration of their terms of office and shall take office on the first day
of January immediately following their election for terms of four
years and until their successors are elected and qualified.
(c) The members of the board of education first elected, as
hereinafter provided, from School Board Districts 2 and 4 and Post 2
of School Board District 6 shall be the successors to the incumbent
members from the heretofore existing School Board Districts 2,3, and
5, respectively. The first such members shall be elected at the general
election held in 1984 and shall take office on the first day of January,
1985, for terms of four years and until their successors are elected and
qualified. Thereafter, future successors shall be elected at the general
election immediately preceding the expiration of their terms of office
and shall take office on the first day of January immediately following
their election for terms of four years and until their successors are
elected and qualified.
Section 3. 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:
4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Members of the board of education provided for
herein shall be nominated and elected in accordance with the provi-
sions of Code Title 34, known as the Georgia Election Code, as now
or hereafter amended.
Section 4. 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 board of education established herein shall
consist of a member from each of the school board districts and posts
created by Section 1 of this Act. Each member of the board of
education shall be elected by the qualified voters of DeKalb County
residing within the respective school board district. Each candidate
for membership on said board shall have been a resident of the school
board district which the candidate offers to represent for at least one
year as of the date of taking office. Any member of said board shall
immediately be disqualified to continue serving as a member of said
board if such member ceases to be a resident of the members
respective school board district or if the member qualifies as a
candidate for any other federal, state, or county elective office. A
candidate for election to said board shall designate the school board
district and the post, when applicable, for which the candidate is
offering for election.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act establishing in DeKalb County districts from which the members
of the County Board of Education shall be elected, approved April 12,
1963 (Ga. Laws 1963, p. 3424), as amended; and for other purposes.
This 16th day of February, 1981.
GEORGIA LAWS 1981 SESSION
4369
Thomas Scott
Senator,
43rd District
State of Georgia
County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of 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 Local Legislation-Board of
Education, a true copy of which is hereto annexed, was published in
said newspaper in its issue of the 19,26,5th day of Feb., March, 1981.
Gerald W. Crane,
Co-publisher
(by) Linda L. Orr,
Agent
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Samme Johnson
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1982.
(Seal).
Approved April 9,1981.
4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GILMER COUNTYCOMPENSATION OF COMMISSIONER,
ADVISORY BOARD, ETC.
No. 672 (Senate Bill No. 453).
AN ACT
To amend an Act creating a county commissioner of Gilmer
County and an advisory board of Gilmer County, approved February
23,1943 (Ga. Laws 1943, p. 1021), as amended, particularly by an Act
approved March 24,1978 (Ga. Laws 1978, p. 4435), so as to change the
provisions relative to the compensation of the commissioner and
members of the advisory board; to delete the provision relating to the
clerk of the commissioner; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a county commissioner of Gilmer
County and an advisory board of Gilmer County, approved February
23,1943 (Ga. Laws 1943, p. 1021), as amended, particularly by an Act
approved March 24,1978 (Ga. Laws 1978, p. 4435), is hereby amended
by striking from Section 3 the following:
$16,000.00,
and inserting in lieu thereof the following:
$18,400.00,
so that when so amended Section 3 shall read as follows:
Section 3. Be it further enacted by the authority aforesaid that
the compensation of said commissioner shall be $18,400.00 per
annum, payable monthly at the end of each month.
Section 2. Said Act is further amended by striking Section 4
which reads as follows:
Section 4. The county commissioner shall have the authority to
appoint a clerk and fix his compensation in an amount not to exceed
$6,000.00 per annum, with the approval of the advisory board of
Gilmer County. The clerk shall be paid in equal monthly installments
GEORGIA LAWS 1981 SESSION
4371
from the funds of Gilmer County. It shall be within the sole power and
authority of the county commissioner during his term of office to
designate and name the person who shall be employed as such clerk
and to prescribe his duties and assignments and to remove or replace
such clerk at will and within his sole discretion.,
in its entirety.
Section 3. Said Act is further amended by striking from Section
8 the following:
$25.00,
and inserting in lieu thereof the following:
$50.00,
so that when so amended Section 8 shall read as follows:
Section 8. Be it further enacted that there be and there is hereby
created an Advisory Board of Gilmer County, to consist of two
members to be known as Commissioners, to serve and act in conjunc-
tion with the County Commissioner of said county in the following
matters only, to wit: in any and all matters where county funds are to
be spent or obligated by contracts or otherwise. In performing these
duties said Commissioners who make up said Advisory Board shall
devote such time as is necessary, and shall be paid therefor the sum of
$50.00 per day for each day served. They shall meet with the said
County Commissioner on the first Tuesday of each month and the
said County Commissioner shall be chairman of such meeting. Upon
questions for determination, a majority vote of the three shall control.
They shall not meet at any time during the month unless called by the
said County Commissioner. Said Advisory Board shall have no juris-
diction or control over the affairs of said county heretofore delegated
to said County Commissioner. They are to serve and act only in
financial matters as above defined and specified.
Section 4. Sections 1 and 3 of this Act shall become effective on
January 1,1982. Section 2 of this Act shall become effective upon the
approval of this Act by the Governor or upon its otherwise becoming
law without his approval.
4372 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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating a county commissioner of Gilmer County and an advis-
ory board of Gilmer County, approved February 23, 1943 (Ga. Laws
1943, p. 1021), as amended; and for other purposes.
This 17th day of February, 1981.
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 is Senator from the 50th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Times-Courier which is the official organ of
Gilmer County, on the following dates: February 19, 26, and March 5,
1981.
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4373
CITY OF AUGUSTAPENSION SYSTEM ACT
AMENDED.
No. 676 (House Bill No. 273).
AN ACT
To amend an Act providing a pension system for the retirement of
certain employees of the City of Augusta, approved February 25,1949
(Ga. Laws 1949, p. 1070), as amended, so as to clarify the conditions
for the receipt of pension benefits on account of disability; to provide
a system to determine the continuance of any disability; to provide
standards for the disposition of pension cases upon termination of
any disabling condition of any former employee; 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 pension system for the retirement
of certain employees of the City of Augusta, approved February 25,
1949 (Ga. Laws 1949, p. 1070), as amended, is hereby amended by
striking from paragraph (3) of Section V the following:
from engaging in any gainful employment,
so that paragraph (3), when so amended, shall read as follows:
(3) Upon becoming, irrespective of the duration of his employ-
ment, totally and permanently disabled, as a result of illness or injury
incurred in the performance of duty and not caused by his own willful
misconduct or intoxication.
Section 2. Said Act is further amended by striking from para-
graph (4) of Section V the following:
4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from engaging in any gainful employment,
so that paragraph (4) of Section V, when so amended, shall read as
follows:
(4) Upon becoming, after ten years of service, totally and
permanently disabled, as a result of illness or injury from any cause
arising, provided that no employee shall be entitled to a pension on
account of disability caused by his own willful misconduct or intoxi-
cation.
Section 3. Said Act is further amended by striking paragraph (5)
of Section V in its entirety and inserting in lieu thereof the following:
(5) (A) The continuance of any disability shall be inquired
into by medical examination, as provided in Section III of this Act,
upon the application of any interested party and for good cause
shown.
(B) Totally and permanently disabled is hereby defined,
for the purposes of the foregoing Paragraphs 3 and 4 of this
Section, to mean not able on account of the disability received to
discharge adequately his employment duties.
(C) In the event of a finding of discontinuance of disability
by medical examination, city council is hereby authorized, by
appropriate ordinance or resolution, to terminate any pension
payments payable by reason of a qualifying disability under this
Act, reemploy any rehabilitated pensioner, continue pension pay-
ments in lieu of reinstatement, or make such other disposition of
the pension claim as may be necessary and proper.
Section 4. This Act shall become effective on July 1,1981.
Section 5. 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, 1981 Session of the General Assembly of
GEORGIA LAWS 1981 SESSION
4375
Georgia, to amend the Charter and Laws pertaining to the City
Council of Augusta, Georgia, so as to amend the 1949 Augusta
Employees Retirement System Act, clarifying the requirements for
the receipt of pension benefits on account of disability.
Samuel F. McGuire
Attorney for the
City Council
of Augusta, Georgia
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,
29,1980.
/s/ Jack Connell
Representative,
87th District
Sworn to and subscribed before me,
this 20th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT PROVIDING FOR PENSIONS FOR EMPLOYEES
OF CERTAIN CITIES AMENDED
(300,000 OR MORE).
No. 679 (House Bill No. 331).
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 an Act
approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.); so as to
clarify certain matters related to the pension application procedure,
employee back pension contributions, and to pension benefits; to
provide that appeals from decisions of the Board of Trustees shall be
by writ of certiorari to the Superior Court of Fulton County; to
provide for definitions; to provide that disability pension benefits and
salary shall not be paid simultaneously; to provide that pension
benefits, when payable, shall be exclusive of interest; to provide that
with respect to members who have been retired by reason of total and
permanent disability, the Board of Trustees shall have the right to
annually review the medical condition of such members for the
purposes of determining whether the pensioner is able to return to his
or her former position; to provide that the Act, as amended, shall not
affect nor be affected by any workers compensation law, or other
similar laws, except as provided for in the Act; 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:
GEORGIA LAWS 1981 SESSION
4377
Section 1. Pension application; procedure. Unless the pension
applicant withdraws a pending application for pension benefits, or
abandons his or her appeal from the denial of such application by the
board of trustees, no new application for a different category of
pension benefits shall be accepted by the board of trustees. Further,
whenever an officer or employee has been granted a certain category
of pension benefits no new application for a different category shall
be accepted by the board of trustees.
Section 2. Appeals from decisions of the board of trustees;
procedure. A majority of the board of trustees shall control on all
disputed questions.
Whenever an application for disability pension, whether in line of
duty or not in line of duty, has been filed, the applicant shall submit
therewith a signed certificate from a licensed, practicing physician of
Georgia certifying to the applicants total and permanent disability
from his or her regular, assigned or comparable duties with such city
and that, where applicable, in the opinion of such physician, such
disability was either caused by or resulted from an accident or injury
sustained on the job. Immediately thereupon, the board of trustees
shall direct the applicant to submit to an examination by physicians
chosen by the board who likewise shall certify the physical or mental
ability or disability of the applicant, and, where applicable, whether
in the opinion of such physicians, such disability was either caused by
or resulted from an accident or injury sustained on the job. In the
event the certificates of the respective physicians shall be in general
agreement with respect to such matters, such facts shall be conclusive
as to the physical or mental condition of the applicant and the board
shall thereupon approve such pension in the proper amount. In the
event the certificate tendered by the applicant and the certification of
the physicians chosen by the board, shall disagree as to the condition
of the applicant and where applicable, the cause of the disability, then
and in that event, the board of trustees shall conduct a hearing for the
purpose of determining the true condition of the applicant, and where
applicable, the cause of such disability. Such hearing shall be
conducted informally by the examination of witnesses for and in
opposition to such application who shall be sworn, and the applicant,
the city, and the board of trustees may be represented by legal counsel
if they so desire. The board of trustees shall be authorized to
promulgate reasonable rules and procedures, not inconsistent with
general legal principles, governing the manner in which such hearings
shall be conducted. The decision of the board after the hearing, shall
4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be final as to the physical or mental condition of the applicant, and
where applicable, as to whether the disability is compensable as one
incurred in the line of duty, provided however, such proceeding shall
be subject to review by writ of certiorari to the Superior Court of
Fulton County. The secretary-treasurer of the board of trustees shall
be authorized to acknowledge service of any such writ and shall,
within the time provided by law, certify and cause to be filed with the
Clerk of said Superior Court, a record of the proceedings before the
board including a copy of the application for disability pension or
other relief involved, the decision of the board and the notice of the
boards action as provided to the pension applicant. Where appeals
are taken by a pension applicant as provided herein, the board of
trustees shall be the respondent and the city shall be the defendant.
The method of appeal as provided herein shall also serve as the
method by which all other disputed pension questions shall be
appealed.
Section 3. Definitions. When used in this Act, as amended, the
following terms shall have the following meanings:
(a) Disability - shall mean the total and permanent physical or
mental inability to perform ones regular, assigned or comparable
duties with such city;
(b) Disability or death incurred in line of duty - shall mean
total and permanent physical or mental inability to perform ones
regular, assigned or comparable duties with such city where such
disability or death is the direct result of a traumatic event or events
occurring during and as a result of the performance of an officers or
employees regular or assigned duties and where such disability or
death is not the result of such officers or employees willful negli-
gence. Further, the following conditions and circumstances shall not
be deemed a disability or death incurred in the line of duty but shall
be considered an ordinary disability:
(1) Permanent and total disability or death resulting from a
cardiovascular, pulmonary or musculo-skeletal condition which is
not a direct result of a traumatic event or events occurring in the
performance of duty;
(2) Permanent and total disability or death resulting from
the aggravation of a preexisting physical or mental defect, disease
GEORGIA LAWS 1981 SESSION
4379
(either functional or organic), or deformity where such preexisting
condition is not a direct result of a traumatic event or events
occurring in the performance of duty.
Section 4. Employee back pension contributions; deductions
from benefits; assignment of group life insurance proceeds, (a) In the
event an officer or employee obligated to pay back pension contribu-
tions should retire or die before said payments into the fund are
completed, the secretary of the retirement fund is authorized to
deduct an appropriate amount, as determined by the board of trust-
ees, from the monthly retirement or beneficiary benefits, or in lieu
thereof, such lump sum amounts as the board, in its discretion, deems
appropriate until the obligation is discharged.
(b) In the event an officer or employee obligated to pay back
pension contributions should retire before said payments into the
fund are completed, the board of trustees shall require, in consider-
ation of the payment of such indebtedness, an assignment of such
officers or employees group life insurance in an amount sufficient to
satisfy the outstanding obligation.
Section 5. Pension benefits; no simultaneous payment of bene-
fits and salary; no entitlement to interest, (a) Whenever an officer or
employee has been declared eligible for pension benefits, such pen-
sion benefits shall only commence the day following the last day of
paid employment for such City.
(b) In each and every instance where pension benefits shall
become payable pursuant to this Act, as amended, such payments
shall be limited to the statutorily required amount as provided by this
Act as amended and shall be exclusive of interest or other amounts.
Section 6. Effect on workers compensation laws. Except as
provided in subsection (F) of Ga. Laws 1978, pp. 4546, et seq., this Act
shall not affect nor be affected by any workers compensation law, or
other similar laws.
Section 7. Disability pensions; annual review. The retirement of
a pension applicant by reason of permanent and total disability shall
be subject to the following conditions:
(a) The board of trustees shall have the right to at least once a
year require the pensioner to submit to a medical examination for the
4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
purpose of determining whether or not the pensioner has sufficiently
recovered from his disability and is able to return to his former
position;
(b) If the board, after such examination, determines that the
pensioner is not actually totally and permanently disabled but is able
to return to his former position or employment he occupied at the
time of retirement and such employment and status as to position,
pay and service credit at the time of retirement is offered to such
pensioner and he takes the former position or fails or refuses to take
such offer, then the payment of such disability pension shall cease.
Section 8. Subsection (M) of Ga. Laws 1978, p. 4456 is hereby
amended by striking the following language from the second sentence
of the third paragraph thereof,
...in accordance with the procedure provided for in Ga. Laws
1953, Nov. - Dec. Sess. p. 2770.,
and adding in lieu thereof, the following:
...as provided by law.,
so that when amended, said third paragraph of subsection (M) shall
provide as follows:
Thereafter, the Board of Trustees shall make a determination as
to whether such disability or death was incurred in line of duty or not
in line of duty. Should such city, or any person having an interest in
said decision, disagree with such decision of the Board then either
such city or such person may appeal from such decision as provided
bylaw.
Section 9. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 10. Specific repealer. Section 4 of an Act approved
December 21, 1953 (Ga. Laws 1953, Nov. - Dec. Session, p. 2770)
amending Ga. Laws 1927, pp. 265, et seq., approved August 20,1927,
which amendment pertains to appeals from decisions of the board of
trustees, is hereby specifically repealed in its entirety.
GEORGIA LAWS 1981 SESSION
4381
Section 11. All laws and parts of laws in conflict with this Act
are hereby repealed.
Approved April 9,1981.
ACT PROVIDING FOR PENSIONS FOR MEMBERS
OF POLICE DEPARTMENTS OF CERTAIN
CITIES AMENDED (300,000 OR MORE).
No. 680 (House Bill No. 333).
AN ACT
To amend the 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 1970, or any
subsequent census thereof; requiring the furnishing of pensions to all
officers and employees of such cities who have served for twenty-five
(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 bene-
fits in lieu of like pension benefits provided by existing provisions;
particularly as amended by an Act approved April 4,1978 (Ga. Laws
1978, pp. 4527, et seq.); so as to clarify certain matters related to the
pension application procedure, employee back pension contributions,
and to pension benefits; to provide that appeals from decisions of the
Board of Trustees shall be by writ of certiorari to the Superior Court
of Fulton County; to provide for definitions; to provide that disability
pension benefits and salary shall not be paid simultaneously; to
provide that pension benefits, when payable, shall be exclusive of
interest; 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
4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 1970, 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. Pension application; procedure. Unless the pension
applicant withdraws a pending application for pension benefits, or
abandons his or her appeal from the denial of such application by the
board of trustees, no new application for a different category of
pension benefits shall be accepted by the board of trustees. Further,
whenever an officer or employee has been granted a certain category
of pension benefits no new application for a different category shall
be accepted by the Board of Trustees.
Section 2. Appeals from decisions of the board of trustees;
procedure. A majority of the board of trustees shall control on all
disputed questions.
Whenever an application for disability pension, whether in line of
duty or not in line of duty, has been filed, the applicant shall submit
therewith a signed certificate from a licensed, practicing physician of
Georgia certifying to the applicants total and permanent disability
from his or her regular, assigned or comparable duties with such city
and that, where applicable, in the opinion of such physician such
disability was either caused by or resulted from an accident or injury
sustained on the job. Immediately thereupon, the board of trustees
shall direct the applicant to submit to an examination by physicians
chosen by the board who likewise shall certify the physical or mental
ability or disability of the applicant, and, where applicable, whether
in the opinion of such physicians, such disability was either caused by
or resulted from an accident or injury sustained on the job. In the
event the certificates of the respective physicians shall be in general
agreement with respect to such matters, such facts shall be conclusive
as to the physical or mental condition of the applicant and the board
shall thereupon approve such pension in the proper amount. In the
event the certificate tendered by the applicant and the certification of
the physicians chosen by the board shall disagree as to the condition
of the applicant and where applicable, the cause of the disability, then
and in that event, the board of trustees shall conduct a hearing for the
purpose of determining the true condition of the applicant, and where
GEORGIA LAWS 1981 SESSION
4383
applicable, the cause of such disability. Such hearing shall be
conducted informally by the examination of witnesses for and in
opposition to such application who shall be sworn, and the applicant,
the city, and the board of trustees may be represented by legal counsel
if they so desire. The board of trustees shall be authorized to
promulgate reasonable rules and procedures, not inconsistent with
general legal principles, governing the manner in which such hearings
shall be conducted. The decision of the board after the hearing, shall
be final as to the physical or mental condition of the applicant, and
where applicable, as to whether the disability is compensable as one
incurred in the line of duty, provided however, such proceeding shall
be subject to review by writ of certiorari to the Superior Court of
Fulton County. The secretary-treasurer of the board of trustees shall
be authorized to acknowledge service of any such writ and shall,
within the time provided by law, certify and cause to be filed with the
Clerk of said Superior Court, a record of the proceedings before the
board including a copy of the application for disability pension or
other relief involved, the decision of the board and the notice of the
boards action as provided to the pension applicant. Where appeals
are taken by a pension applicant as provided herein, the board of
trustees shall be the respondent and the city shall be the defendant.
The method of appeal as provided herein shall also serve as the
method by which all other disputed pension questions shall be
appealed.
Section 3. Definitions. When used in this Act, as amended, the
following terms shall have the following meanings:
(a) Disability - shall mean the total and permanent physical or
mental inability to perform ones regular, assigned or comparable
duties with such city;
(b) Disability or death incurred in line of duty - shall mean
total and permanent physical or mental inability to perform ones
regular, assigned or comparable duties with such city where such
disability or death is the direct result of a traumatic event or events
occurring during and as a result of the performance of an officers or
employees regular or assigned duties and where such disability or
death is not the result of such officers or employees willful negli-
gence. Further, the following conditions and circumstances shall not
be deemed a disability or death incurred in the line of duty but shall
be considered an ordinary disability:
4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Permanent and total disability or death resulting from a
cardiovascular, pulmonary or musculo-skeletal condition which is
not a direct result of traumatic event or events occurring in the
performance of duty;
(2) Permanent and total disability or death resulting from
the aggravation of a preexisting physical or mental defect, disease
(either functional or organic), or deformity where such preexisting
condition is not a direct result of a traumatic event or events
occurring in the performance of duty.
Section 4. Employee back pension contributions, deductions
from benefits; assignment of group life insurance proceeds, (a) In the
event an officer or employee obligated to pay back pension contribu-
tions should retire or die before said payments into the fund are
completed, the secretary of the retirement fund is authorized to
deduct an appropriate amount, as determined by the board of trust-
ees, from the monthly retirement or beneficiary benefits, or in lieu
thereof, such lump sum amounts as the board, in its discretion, deems
appropriate until the obligation is discharged.
(b) In the event an officer or employee obligated to pay back
pension contributions should retire before said payments into the
fund are completed, the board of trustees shall require, in consider-
ation of the payment of such indebtedness, an assignment of such
officers or employees group life insurance in an amount sufficient to
satisfy the outstanding obligation.
Section 5. Pension benefits; no simultaneous payment of bene-
fits and salary; no entitlement to interest, (a) Whenever an officer or
employee has been declared eligible for pension benefits, such pen-
sion benefits shall only commence the day following the last day of
paid employment for such City.
(b) In each and every instance where pension benefits shall
become payable pursuant to this Act, as amended, such payments
shall be limited to the statutorily required amount as provided by this
Act as amended and shall be exclusive of interest or other amounts.
Section 6. Subsection (M) of Ga. Laws 1978, pp. 4527,4537,4538
is hereby amended by striking the following language from the second
sentence of the third paragraph thereof,
GEORGIA LAWS 1981 SESSION
4385
...in accordance with the procedure provided for in Ga. Laws
1953, Nov. - Dec. Sess. p. 2707.,
and adding in lieu thereof the following:
...as provided by law.,
so that when amended, said third paragraph of subsection (M) shall
provide as follows:
Thereafter, the Board of Trustees shall make a determination as
to whether such disability or death was incurred in line of duty or not
in line of duty. Should such city, or any person having an interest in
said decision, disagree with such decision of the Board then either
such city or such person may appeal from such decision as provided
by law.
Section 7. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 8. Specific repealer. Section 4 of an Act approved
December 21, 1953 (Ga. Laws 1953, Nov. - Dec. Session, p. 2707)
amending Ga. Laws 1933, pp. 213, et seq., approved February 15,
1933, which amendment pertains to appeals from decisions of the
board of trustees, is hereby specifically repealed in its entirety.
Section 9. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 9,1981.
4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CIVIL COURT OF BIBB COUNTYPLEADINGS,
COSTS, ETC.
No. 685 (House Bill No. 536).
AN ACT
To amend an Act creating the Civil Court of Bibb County,
approved March 3,1955 (Ga. Laws 1955, p. 2552), as amended, so as
to waive the rules of pleading in certain cases; to change the cost of
filing a suit or proceeding in said court; to provide for all related
matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Civil Court of Bibb County,
approved March 3, 1955 (Ga. Laws 1955, p. 2552), as amended, is
hereby amended by striking from Section 19 of said Act the following:
Cases $50.00,
and substituting in lieu thereof the following:
Cases $250.00,
and by striking the following:
fifty dollars,
and substituting in lieu thereof the following:
$250.00,
so that when so amended Section 19 of said Act shall read as follows:
Section 19. Cases $250.00 and under. Be it further enacted by
the authority aforesaid, that in all cases in said court in which the
principal sum claimed, or the value of the property in controversy
does not exceed $250.00, the rules of pleading as heretofore provided
in this Act shall not be required of parties prosecuting or defending
any such action therein and it shall not be necessary to paragraph
either petition or answer, but no suit or proceeding, or answer thereto,
shall be accepted or filed by the clerk of said court unless a substantial
GEORGIA LAWS 1981 SESSION
4387
statement of the cause of action, or matters of defense, of whatever
character, be first reduced to writing. No demurrer or special plea
shall be required, but every defense in point of law or of fact may be
taken advantage of in the answer; provided, that if the plaintiff shall
verify his claim or if a suit is brought on an unconditional contract in
writing, the defendant shall be required to verify his answer. In the
furtherance of justice, the judge of said court shall permit any claim,
suit, process, pleading, or record to be amended in form or in
substance, or material supplemental matter to be set forth in an
amended written pleading, and shall disregard any error or defect
which does not affect the substantial rights of the parties, but no
amendment presenting a new and distinct cause of action or new
party shall be allowed.
Section 2. Said Act is further amended by striking Section 38 in
its entirety and inserting in lieu thereof a new Section 38 to read as
follows:
Section 38. Costs, (a) Each person filing a suit or proceeding of
any character shall, if required by the court, at the time of filing, make
a cost deposit with the clerk of said court in an amount equal to all
costs to be incurred in the case including judgment and fi. fa., if the
case is undefended. The deposit shall not be required of any person
who shall subscribe to an affidavit that he is unable to pay the costs of
filing the suit or proceeding because of poverty.
(b) The deposit shall be a security deposit to insure the payment
of the court costs of such proceeding and any overpayment shall be
refunded by the clerk of said court to the party making the deposit. If
the court cost is recovered from another party, the deposit shall be
refunded to the party making the deposit.
(c) Whenever the principal amount involved in the suit of the
plaintiff or in the cross-action or counterclaim of the defendant does
not exceed $300.00 principal, exclusive of interest, attorneys fees,
and costs, the costs to be charged and collected by the officers of said
court shall be as follows:
Clerks Costs
Filing and docketing suit
$ 2.00
4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Summons and copy ....................................... 2.00
Extra copies (each)..................................... 2.00
Second original for other counties...................... 2.00
Extra copies (each)..................................... 2.00
Affidavit to obtain garnishment......................... 2.00
Issuing summons and copy (each)......................... 2.00
Issuing garnishment release............................. 1.00
Filing and docketing each traverse to answer of
garnishment, including service.................... 5.00
Filing and docketing each dispossessory warrant....... 3.50
Extra copies (each)..................................... 2.00
Issuing distress warrant................................ 4.50
Filing and docketing each lien foreclosure.............. 3.50
Filing pleas...............................................50
Docketing pleas............................................50
Issuing subpoenas..........................................50
Filing and docketing motion............................. 2.00
Filing notice of appeal ................................ 1.00
Record on appeal per page............................... 1.50
Transcript of evidence and proceedings.................. 5.00
Appellate court remittitur and judgment................. 3.00
Final record per page......................................75
GEORGIA LAWS 1981 SESSION
4389
Minutes per page............................................75
Certificate as to absence of pending action ........... 1.50
Certified copy under Code Section 38-627............... 2.50
Issuing fi. fa............................................ 1-00
Entering fi. fa. on general execution docket........... 1.00
Filing bond............................................... 1-00
Entering on minutes verdict and judgment by
judge............................................... 2.00
Entering jury verdict and judgment on minutes 4.00
Each affidavit made before a judge ....................... 1.50
Each order or approval signed by a judge.................. 2.00
Issuing order to establish lost paper..................... 3.00
Dismissal or settlement................................... 1.00
Affidavit and bond to obtain attachment issuing
same................................................ 4.50
Issuing each criminal warrant including
affidavit............................................... 2.50
For docketing each warrant................................. .75
Issuing each peace warrant .............................. 12.00
Sheriffs Costs
Serving copies of suit (each)..........................$ 7.50
Serving summons of garnishment (each) .................... 5.00
Serving lien foreclosure of any kind 7.50
4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Serving dispossessory warrant........................... 7.50
Serving summons of attachment........................... 7.50
Serving distress warrant................................ 7.50
Serving subpoena (each)................................. 3.00
Suit from another county, to be paid in advance........ 7.50
If more than one summons of garnishment to be
served, cost for each additional one shall be.... 4.50
Dispossessing tenant or intruder........................ 7.50
Levy.................................................... 7.50
Returning nulla bona.................................... 5.00
Attending court (per day) .............................. 2.00
Making out and executing titles to land............ 7.50
If presented by purchaser............................... 5.00
Executing bill of sale to personal property,
when demanded by purchaser....................... 5.00
Forthcoming bonds....................................... 5.00
Taking and returning counter-affidavit when
summary process to dispossess tenant or
intruder is resisted............................. 5.00
Collecting tax fi. fa.s $100.00 or less (each) ........ 4.00
Collecting tax fi. fa.s over $100.00 (each)............ 7.50
Each fi. fa. or attachment in sheriffs hands
settled without sale............................. 5.00
GEORGIA LAWS 1981 SESSION
4391
Commissions on sales of property, on sums of
$50.00 or less, 7 percent, on excess above
$50.00 up to $550.00, 5 percent.
For all sums exceeding $550.00, on excess,
2 percent. No commissions shall be charged
unless property is actually sold.
(d) In all cases in said court where the principal amount
involved, exclusive of interest, hire, attorneys fees, and costs, exceeds
$250.00 and in all cases where the value of the property involved
exceeds $250.00 or where the cross-action or counter-claim of the
defendant, exclusive of interest, hire, attorneys fees, and costs
exceeds $250.00, the costs to be charged and collected by the officers
of said court shall be the same as the costs in the superior court,
taxable for clerk and the sheriff respectively.
(e) The costs to be taxed in said court in possessory warrant
cases, criminal warrants, peace warrants, and search warrants shall be
the same as those fixed by law in justice of the peace courts.
(f) In trover suits where the principal amount involved, exclu-
sive of interest, hire, and costs, or where the alleged value of the
property, exclusive of hire and costs, does not exceed $250.00, the
costs taxable by the clerk shall be the same as justice of the peace
court costs. If the principal amount involved, exclusive of interest,
hire, and costs, or if the alleged value of the property involved,
exclusive of hire and costs, exceeds $250.00, superior court costs shall
be taxed by the clerk against the party cast therein.
(g) In all other cases not herein specifically provided for, the
costs to be taxed by the clerk shall be the same as justice of the peace
court costs in all cases where the principal amount involved, exclusive
of interest, hire, attorneys fees, and costs, does not exceed $250.00
and shall be the same as superior court costs where the principal so
computed exceeds $250.00.
(h) All costs collected in said court by the officers thereof shall
be paid into the treasury of Bibb County on the first day of each
month, or within three days thereof, by the clerk to be applied to the
expenses of operating said court, except as otherwise provided in this
Act.
4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(i) Should the amount claimed by the plaintiff place the suit in
one classification as to costs and the amount claimed by the defend-
ant in this cross-action or counter-claim place the suit in another
classification, the costs to be charged on the cross-action shall be
determined by the judgment or verdict in the case.
(j) In all cases or proceedings in which the principal sum, exclu-
sive of interest, hire, attorneys fees, and costs exceeds $250.00, the
fees collected by the clerk and paid into the county treasury shall be
the same in the Civil Court of Bibb County as those allowed by law to
the clerk of the Superior Court of Bibb County and to the sheriff of
Bibb County.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention.
To Whom It May Concern:
This is notice that at the approaching January, 1981 session of the
General Assembly of Georgia, the General Assembly will be asked to
pass an Act dealing with the Civil Court of Bibb County so as to
prescribe a new schedule of Court costs.
This 11, day of December, 1980.
Franklin S. Horne, Jr.
Representative,
Bibb County, Georgia
104th District
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
GEORGIA LAWS 1981 SESSION
4393
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: December 19, 26,1980
and January 2,1981.
/s/ Frank Horne
Representative,
104th District
Sworn to and subscribed before me,
this 16th day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
TURNER COUNTYSMALL CLAIMS COURT
CREATED.
No. 686 (House Bill No. 582).
AN ACT
To create and establish a Small Claims Court of Turner County; to
provide for the initial judge; to provide for the appointment, duties,
powers, compensation, qualifications, substitution and tenure of
office of the judge of such small claims court; to prescribe the
jurisdiction, the pleading, practice and service of process therein; to
provide for a clerk and his remuneration; to validate acts and pro-
ceedings therein; to provide for the continuation of certain processes,
actions, suits, and cases; to provide for other matters relative to the
4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
foregoing; to provide for legislative intent; to provide for severability;
to provide an effective date; to provide conditions for 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 and established a Small
Claims Court of Turner County. Such court shall have civil jurisdic-
tion in cases at law in which the demand or damages claimed or value
of the property involved does not exceed $1,000, said jurisdiction to
be county-wide and to be concurrent with the jurisdiction of any
other court or courts now or hereafter established in Turner County.
Said jurisdiction shall include the power to issue writs of garnishment
and attachment and, in addition to the powers herein specifically
granted, also all the powers granted to justices of the peace by the
laws of the State of Georgia, except the power to issue criminal
warrants.
Section 2. (a) The judge of the small claims court in Turner
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the Grand Jury in Turner County shall appoint a
citizen of Turner County to be judge of the small claims court for a
term of one year and until his successor is appointed and qualified.
All vacancies in the office of judge shall be filled by appointment of a
successor by the Grand Jury, and such successor shall serve for the
remainder of the unexpired term.
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 Turner County or any judge of a State Court located in
Turner County, on application of any party or the 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 to be compensated, if at all, from
the fees herein authorized.
GEORGIA LAWS 1981 SESSION
4395
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-
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. The judge or clerk may, at the request of any individual,
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
in Turner County by any official or person authorized by law to serve
process in circuit courts; or by registered mail or certified mail with
return receipt; or by any person not a party to or otherwise interested
in the suit, especially appointed by the judge 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,
verification and 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 on the record the
date and hour of mailing. 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 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 Service 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 above provided, he
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. The cost of service shall be advanced by the party
4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
demanding same in addition to the filing fee hereinafter provided,
and shall be taxed as other costs.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of the defendant to appear, when the
claim of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of this claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than fifteen days from the
date of the service of said notice; provided, however, that where
service is made by registered mail or certified mail the date of mailing
shall be the date of service.
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. The plaintiff when he files his claim, shall deposit
with the court the sum of $20 which shall cover all costs of the
proceeding up to and including the rendering of a judgment. In claim
cases and illegalities, instituted by a third party after levy, the costs
shall be $7.50, to be taxed at the discretion of the judge. Except as
otherwise provided for herein, the costs and fees for said court be the
same as provided for justices of the peace. 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.
Section 9. 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 ten dollars
($10.00) for every such claim case. The same practice and procedure
shall apply 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
GEORGIA LAWS 1981 SESSION
4397
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 in said proceeding.
Section 10. (a) On that day set for the hearing, or such latter
time as the judge may set, the trial shall be had. 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 the 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, and 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, or 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, or 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 hereof 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, and to
stay executions, and to order partial payments in such amounts, over
such periods, and upon such terms, as shall seem just under the
circumstances as will assure a definite and steady reduction of the
judgment until it is finally and completely satisfied.
4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. The Judge of the Superior Court presiding in
Turner 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, from time to time, to insure the proper administra-
tion of justice and to accomplish the purposes hereof.
Section 14. The judge of such 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 Turner County, such bailiffs to
serve at the pleasure of the judge and under his discretion, and a
person so appointed shall be known and designated as Small Claims
Court Bailiff and have the powers and authority, and be subject to
the penalties, of all lawful constables of the State of Georgia, includ-
ing the power to serve any and all processes and writs issued from or
by said Small Claims Court, with power, also to make levies and
conduct judicial sales, and account therefor, in the manner of lawful
constables. All such bailiffs shall, within five days from their appoint-
ment as such, take and subscribe the oath of office as prescribed in
section 24-804 and give the bond prescribed in section 24-811 of the
Code of Georgia, and such bailiffs shall be subject to be ruled for
failure of duty or malfeasance in office as are other lawful constables
of this State.
Section 15. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and defendant having three
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.
Section 16. Judgments of Small Claims Court shall become a
lien on the real estate and personal property of a defendant, situated
in any county, from the time of the filing in the office of the Clerk of
the Superior Court for said county, of an execution based upon such
judgment and the entry thereof by the clerk in the general execution
docket for said county.
Section 17. Appeals may be had from judgments returned in a
Small Claims Court, to the superior court, and the same provisions
GEORGIA LAWS 1981 SESSION
4399
now provided for by law for appeals from probate courts to the
superior court, shall be applicable to appeals from the Small Claims
Court to the superior court.
Section 18. Until otherwise provided by rules of court, the
statement of claims, verification, and notice shall be in the following
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
Address
County, Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied 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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or agent)
4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn and Subscribed before me this____day of______________, 19
Notary Public
Notice.
To
Defendant
Home Address
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).
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
GEORGIA LAWS 1981 SESSION
4401
Section 19. All acts performed by the judge or clerk and all
proceedings before the Small Claims Court of Turner County are
hereby validated.
Section 20. Each judge appointed under the provisions of this
Act shall be exempt from jury duty of the superior court and the State
court of Turner County.
Section 21. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act shall be furnished by the county
commissioners.
Section 22. Such Small Claims Court having no designated
terms at stated periods, the judge thereof shall in each instance, set
dates for all hearings and trials in every kind of case, and, also
designate the times when attachments and executions are returnable
and, also designate the time when each answer to a summons or
garnishment shall be filed, but no garnishee may be required to file
his answer sooner than ten days after he is served with summons.
Whenever a garnishee shall fail to answer at the time so stated in the
summons served upon him, unless the court in its discretion extends
the time for filing, the judge may forthwith render judgment immedi-
ately and issue an execution against the garnishee in favor of the
plaintiff for the amount previously adjudged to be due the plaintiff by
the original defendant, and also for costs in the garnishment proceed-
ing, but no judgment shall be rendered against a garnishee before a
final judgment shall have first been rendered against the defendant.
Section 23. A summons of garnishment may be served by the
sheriff or his deputies, or by a lawful constable, or by a Small Claims
Court bailiff, or by the judge of the Small Claims Court; or it may be
served by registered or certified mail, provided such service by mail is
evidenced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit, or to the writ of
attachment; provided further, it shall be prima facie evidence of
service on the garnishee if the sealed envelope in which said summons
was mailed to the garnishee by registered or certified mail is returned
to sender by United States postal authorities marked refused,
giving the date of refusal and be signed or initialed by the United
States Postal Service employee or United States mail carrier to whom
refusal was made. Whenever served 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 or
4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on the back of a conformed copy of the original summons of garnish-
ment which was given to garnishee, or such entry of service may be
made on a separate paper and attached to the said garnishment
affidavit or the writ of attachment, as the case may be.
Section 24. The judge of a Small Claims Court shall have the
power to impose fines of not more than ten dollars or imprison for not
longer than twenty-four hours any person guilty of contempt of court,
such fines to be paid into the Turner County treasury or Turner
County depository for county purposes.
Section 25. The fee of bailiff for the execution of a fi. fa. shall be
$7.50 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%) on the first $250.00 and five percent
(5%) on all sums over that amount, with a minimum of three dollars
($3.00).
Section 26. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Turner County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Turner County which
is created by this Act.
Section 27. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Turner County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore existing small claims court in Turner
County as created by an Act approved April 12,1971 (Ga. Laws 1971,
p. 4067), as amended, which court shall stand abolished by action of
the General Assembly effective July 1,1981.
Section 28. 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
4403
Section 29. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in each county in this
State having a population of not less than 8,750 and not more than
8,950 according to the United States Decennial Census of 1970 or any
future such census; to provide for the appointment, duties, powers,
compensation, qualifications, substitution and tenure of office of the
judge of such small claims court; to prescribe the jurisdiction, the
pleading, practice and service of process therein; to provide for a clerk
and his remuneration; to validate acts and proceedings therein; to
provide for all matters relative to the foregoing; to provide an
effective date; to repeal conflicting laws; and for other purposes.,
approved April 12, 1971 (Ga. Laws 1971, p. 4067), as amended by an
Act approved March 31,1976 (Ga. Laws 1976, p. 3586); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes., does not pass the 1981
session of the General Assembly and is not signed by the Governor or
does not become law without his signature, this Act shall be null and
void and shall stand repealed in its entirety.
Section 30. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Turner County; to provide for other matters
relative thereto; and for other purposes.
This the 8th day of January, 1981.
Earleen Sizemore
Representative,
136th District
4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Earleen Wilkerson 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 Intro-
duce Local Legislation was published in the Wiregrass Farmer which
is the official organ of Turner County, on the following dates: January
8,15,22,1981.
/s/ Earleen Wilkerson Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 22nd day of January, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
CITY OF ASHBURNNEW CHARTER.
No. 687 (House Bill No. 613).
AN ACT
To amend, consolidate and supersede the several Acts of the
General Assembly of the State of Georgia pertaining to the City of
Ashburn in the County of Turner, to provide a new Charter therefor;
GEORGIA LAWS 1981 SESSION
4405
to organize the municipal government thereof; to prescribe the corpo-
rate limits; to provide for a mayor and council of the city and their
function, authority, powers, duties, qualifications and election; to
provide the power of veto and the manner of overriding the same; to
provide for removal from office; to prescribe the corporate powers and
authority; to regulate the appointment, qualifications, duties, author-
ity and compensation of the officers and employees of the city; to
provide for the authority of the mayor and council over said officers
and employees; to create certain boards, commissions and depart-
ments and provide for the creation and regulation of others; to
prescribe the qualifications of electors and voters, and the manner of
holding elections in the city; to provide for the registration of voters;
to prescribe the qualifications of candidates for municipal elections;
to establish a police court and provide for presiding officer thereof; to
establish the jurisdiction, powers and duties of the police court; to
prescribe procedures for the annexation of territory and the rights of
residents in territory proposed to be annexed; to provide for public
works and local improvements, the power of eminent domain for the
condemnation of private property therefor, and the levy of assess-
ments therefor; to authorize borrowing; to regulate appropriations
and expenditures; to provide for ad valorem taxation; to provide for
the taxing of occupations and other privileges; to prescribe the
manner of collection of unpaid taxes and assessments; to prescribe
the effect of this Act upon present officers of the city; to provide for
the preservation of existing ordinances and laws not inconsistent with
this Act, and the repeal of conflicting laws, and that the provisions of
this Act are severable; to prescribe punishments for the violation of
this Act, and for the violation of ordinances and regulations enacted
pursuant thereto; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I. GENERAL PROVISIONS
Section 1.1. Incorporation; name, style and designa
tion. The City of Ashburn, in Turner County, Georgia, heretofore
made a body politic and corporate by Acts of the General Assembly of
said state, under the name of the City of Ashburn, shall continue a
body politic and corporate, known by the corporate name of the City
of Ashburn, hereinafter also referred to as the city.
4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.2. Citys powers as body politic and corpo-
rate. As a body politic and corporate, the city shall have power to
govern itself and its inhabitants by such ordinances, resolutions,
rules, regulations and by-laws for municipal purposes as may be
adopted and promulgated under the terms and provisions of this
charter, not in conflict with the constitution or laws of this state or of
the United States, with power in and by its corporate name to sue and
be sued, and plead and be impleaded, in all courts, and have and use a
common seal, buy, hold, exchange, sell and convey property, make all
necessary and lawful contracts, transact all of its business, and do all
other things necessary to promote the municipal corporate purposes
of said city. Said corporation, through its governing body, shall have
all of the powers and privileges incident to municipal corporations
under the laws of this state, and all other powers necessary and proper
to make, regulate, maintain and preserve a proper and legal govern-
ment for the city.
Section 1.3. Corporate boundaries, (a) The boundaries
of the city shall be those existing on the effective date of the adoption
of this charter with such alterations as may be made from time to time
in the manner provided by law. The current boundaries of the city, at
all times, shall be shown on a map, a written description or combina-
tion of descriptions thereof, to be retained permanently in the office
of city clerk and to be designated Map (or Description) of the
Corporate Limits of the City of Ashburn, Georgia. When the corpo-
rate boundaries are changed as provided by law, the alterations in the
boundaries shall be indicated by and under the direction of the
mayor. Photographic, typed, or other copies of such map or descrip-
tion certified by the clerk shall be admitted in 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. A redrawn map shall supersede for all purposes the earlier map
or maps which it is designated to replace.
(c) All existing prior Acts of the General Assembly prescribing or
altering the corporate limits are continued in full force and effect, and
nothing in the Act shall be deemed to repeal the same.
Section 1.4. Subpoena power generally. The mayor, city
council, police court and all boards, commissions, committees or other
agencies of the city charged with the administration of the affairs of
GEORGIA LAWS 1981 SESSION
4407
the city (excluding individual officers, except in cases in which they
are specially authorized by law or ordinance) shall have power and
authority to compel the attendance of witnesses and the production
of relevant and admissible documents in proper cases, and any person
failing or refusing to attend as a witness or to produce relevant and
pertinent documentary evidence within such persons power, custody
or control when duly notified or cedi upon to do so in a proper case
shall be subject to punishment within the limits prescribed by this
charter or ordinance of the city.
ARTICLE II. GOVERNING BODY; EXECUTIVE
OFFICER
Section 2.1. Composition; qualifications; holdover
members; function. The governing body of the city shall consist
of a mayor and five (5) Councilmembers, hereinafter referred to as the
city council, council or governing body, who shall be the
elective officers of the city, and who at the time of their election shall
be qualified and registered voters of the city. The mayor and
councilmembers in office at the time of adoption of this charter shall
serve until the expiration of the terms for which they were elected and
until their successors are elected and qualified as provided in Sections
2.2 and 2.3.
The city council, as the legislative body of the city, shall enact all
ordinances and resolutions for the city, and may adopt all regulations
deemed necessary, with all the power and authority granted by this
charter.
Section 2.2. Terms of office; election day. The mayor
and all councilmembers shall be elected for terms of two (2) years, and
shall take office on the first Thursday in January immediately
succeeding their election. There shall be an election each year on the
first Thursday in November; the mayor and two councilmembers to
be elected in one year and three councilmembers to be elected in the
succeeding year. They shall serve until their successors are elected
and qualified.
Section 2.3. Designating council posts; expiration of
terms; plurality elects. For the purposes of electing council-
members, positions on the council are designated as posts, numbered
one (1) through five (5), respectively. The positions designated as
posts numbered three (3), four (4) and five (5) expire on the first
4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thursday in January of each even-numbered year. The positions
designated as posts numbered one (1) and two (2), and that of mayor,
expire on the first Thursday in January of each odd-numbered year.
The candidate receiving a plurality of the votes cast for each such
position shall be declared elected.
Section 2.4. Effect of removal of residence from
city. Should the mayor or a councilmember remove such persons
residence from the city, such removal shall effect an automatic
vacancy in the office held by the person so moving, to be filled as
provided in Section 2.6 or Section 2.7, whichever is applicable.
Section 2.5. Recall. The mayor and councilmembers of the
city, or any of them, shall be subject to recall and removal from office
as provided in the Public Officers Recall Act, Chapter 89-19 of the
Georgia Code of 1933, as amended.
Section 2.6. Filling vacancy in office of mayor. In the
event the office of mayor shall become vacant by death, resignation,
removal or otherwise, the mayor pro tempore shall act as mayor
during the balance of term, and exercise all the rights and powers of
the mayor during the term. Should the mayor pro tempore also cease
to hold the office of mayor during the term, an election shall be called
to fill the vacancy in the office of mayor, which election shall be held
and managed in the same manner as herein provided for city elec-
tions, and at which special election a successor for the unexpired term
of office shall be elected.
Section 2.7. Filling vacancy in office of council-
member. A vacancy occurring in the office of member of council
shall be filled for the unexpired term at an election by the mayor and
remaining members of council, provided that at the time of such
vacancy there shall be not more than one (1) year before the expira-
tion of such members term of office; if such unexpired term is longer
than one (1) year from the date of such vacancy, the council shall,
within fifteen (15) days after such vacancy occurs, order a new
election, which shall be held and managed in the same manner as
herein provided for city elections, and at which special election a
successor for the unexpired term of office shall be elected.
Section 2.8. Oath of office. The mayor and council-
members shall, before entering upon the discharge of their duties,
GEORGIA LAWS 1981 SESSION
4409
each take and subscribe before some officer authorized by law to
administer oaths, the following oath:
I do solemnly swear that I will faithfully and uprightly demean
myself as (mayor or councilmember) of the City of Ashburn and
discharge the duties of my office during my continuance in office; that
I will to the utmost of my skill and ability promote the general welfare
of the inhabitants of the city and the common interest thereof.
Section 2.9. Salary of mayor as fixed. The mayor shall
receive a salary as fixed by the city council by ordinance or resolution,
payable monthly; provided however, that any salary so designated for
a mayor shall not be effective during the term of office of the mayor
then in office.
Section 2.10. Salaries of councilmembers as
fixed. Each councilmember shall receive a salary as fixed by the city
council, by ordinance or resolution, payable monthly; provided how-
ever, that any salaries so designated for councilmembers shall not be
effective during the terms of office of the councilmembers then in
office.
Section 2.11. Appointment and authority of mayor pro
tempore. The mayor, subject to approval by the council, shall
appoint a mayor pro tempore from the members of the council, who
shall in the absence of the mayor have all the powers vested in the
mayor by this charter.
Section 2.12. Meetings; quorum fixed. The city council
shall meet at least once each month at such times and at such place as
are fixed by it by resolution or ordinance. The mayor may call special
meetings of the council at any time deemed advisable by such official.
The mayor or mayor pro tempore and three (3) councilmembers shall
constitute a quorum.
Section 2.13. Duty and authority of mayor to convene
council. The mayor shall convene the council when so requested, in
writing, by a majority of the members thereof, or when the mayor
deems it to be important to the welfare of the city; provided, however,
that in the event the mayor refuses to convene the council when
requested to do so as provided above, the council shall have the power
and authority upon direction of an absolute majority thereof to call
itself into session.
245
4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.14. Mayor as presiding officer of council. The
mayor shall be the presiding officer of the council, and cast the
deciding vote in case of a tie.
Section 2.15. Meetings to be public; exception. All
meetings of the city council shall be public, except such executive
sessions as may be authorized by law and provided for by ordinance.
Section 2.16. Authority to establish rules and order of
business. The city council shall have the power to establish its own
parliamentary rules and order of business.
Section 2.17. Minutes of proceedings to be kept. The
city council shall cause to be kept minutes of its proceedings in a
special minute book kept for that purpose.
Section 2.18. Access to minutes, records of meet-
ings. Any citizen shall have access to the minutes and records of
meetings of the city council at all reasonable times, at the office of the
city clerk.
Section 2.19. Scope of police and legislative
power. The city council shall have the power to enact and enforce all
ordinances necessary to protect health, life and property and to
prevent and summarily abate and remove all nuisances and to pre-
serve and enforce the good government, order, security and dignity of
the city and its inhabitants; and to enact and enforce ordinances on
any and all subjects, provided that no ordinance shall be enacted
inconsistent with the provisions of this charter or the general laws or
constitution of this state.
Section 2.20. Ordinances, resolutions, rules - adoption
of ordinances and resolutions, (a) Reading
required. All ordinances and resolutions, before they shall pass,
shall be read once, at a regular meeting of the city council.
(b) Signature, countersignature required. All ordi-
nances and resolutions shall be signed by the mayor or the officer
presiding at the time of their passage and countersigned by the city
clerk.
(c) Content, record of ordinances; existing ordinances
preserved. All ordinances and resolutions shall be in writing and
GEORGIA LAWS 1981 SESSION
4411
have endorsed thereon the name of the councilmember introducing
same and the date of its reading. Such ordinances or resolutions shall
be numbered and filed and properly preserved. There shall be kept
by the city clerk a regular ordinance and resolution book, in which all
ordinances and resolutions, after their passage and adoption, shall be
fairly and accurately printed or engrossed, the record of which shall
be signed by the mayor, acting mayor, or the officer presiding at the
time of the passage of the same, and countersigned by the clerk of
council under the seal of the city; provided however, that nothing
herein contained shall operate to prevent the city council from
adopting such rules and regulations as it may deem proper governing
the passage and adoption of ordinances and resolutions which do not
conflict herewith; provided further, that nothing contained in this
Section shall affect in any manner any valid existing ordinance of the
city.
Section 2.21. Same - Scope of ordinances. Authority to
carry out and effectuate by ordinance each power granted to the city
in this charter is hereby expressly conferred on the city council.
Section 2.22. Same - Approval of ordinances by mayor;
effect of lack of approval. All ordinances adopted by the city
council shall be signed and approved by the mayor, but any ordinance
shall become law without the signature of the mayor unless the mayor
within four (4) days after its enactment shall deliver to the city clerk
such mayors written veto thereof.
Section 2.23. Same - Veto power of mayor; passage
over veto. The mayor shall have the veto power and may veto any
ordinance or resolution of the city council, in which event the same
shall not become a law unless subsequently passed over such veto by
the vote of at least four (4) councilmembers on a yea and nay vote,
duly recorded on the minutes of the council; but unless the mayor
shall file in writing with the city clerk such mayors veto of any
measure passed by that body, with reasons which impel such mayor to
withhold assent, within four (4) days of its passage, the same shall
become a law just as if approved and signed by the mayor.
Section 2.24. Same - Code of ordinances, resolutions,
rules; adoption, modification, repeal. The city council shall
have the power and authority to adopt by reference, without the
necessity of publishing the same in any newspaper, and maintain and
declare of force a code of the ordinances, resolutions and rules of the
4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city, which code may consist of and contain such ordinances, resolu-
tions and rules now of force and effect as the council may deem proper
to include therein, or a revision thereof, or of entirely new ordinances,
resolutions and rules, or both, as the council deems appropriate to
include therein. Said code shall be subject to amendment or repeal, in
whole or in part, at any time; provided however, that the ordinance
adopting a code shall be passed in accordance with section 2.20.
Section 2.25. Interest in contracts, purchases, sales
prohibited; other compensation. Neither the mayor, nor any
member of the council, nor any city officer, shall be interested,
directly or indirectly, in any contract made with the city, or receive
any profit or emolument for any purchase or sale of material or other
articles paid out of the public revenue, or for which the city becomes
responsible; provided, however, this section shall not be deemed to
prohibit the mayor or any councilmember or any officer from holding
any position and receiving compensation therefor when authorized
and prescribed by ordinance duly enacted by the city council.
ARTICLE III. ELECTIONS
Section 3.1. System for registration of voters
adopted. A system for the registration of voters is hereby estab-
lished for the city, which system shall be that of Turner County, the
voter list being that of the county voters residing within the city.
Registration of city voters shall be administered by the county
officials. This section shall not preclude the city council from
establishing and administering a separate registration system for the
city as authorized by law, at any time it shall deem it in the best
interest of the city and the citizens of the city.
Section 3.2. Scope of registration provisions. No
person shall be allowed to vote in any municipal primary or election
held in the city without having first registered in accordance with the
provisions of this article, the provisions of Chapter 34A-5 of the Code
of Georgia of 1933, as amended, and such ordinances or regulations as
may be adopted hereunder; and the city council is hereby empowered
to adopt such ordinances and regulations as may be deemed proper to
carry out the purposes of this article.
Section 3.3. Qualifications of applicant for registra-
tion. Any voter registering under the provisions of this article shall
be a qualified voter as long as such person remains a citizen of the
GEORGIA LAWS 1981 SESSION
4413
city, meets all of the qualifications of electors prescribed in section
34A-501 of the Code of Georgia of 1933, as amended, and is otherwise
qualified to register in any general election in this state.
Section 3.4. Councilmembers and mayor to be elected
at large. All councilmembers and the mayor of the city shall be
elected by the voters of the entire city, voting at large.
Section 3.5. Residence requirements of candidates for
councilmember and mayor. In order to be eligible to be elected
as a councilmember or as mayor of the city, a candidate must be at
least eighteen years of age and a resident and qualified and duly
registered voter of the city on the date such person qualifies to run for
office, and at the time of election thereto.
Section 3.6. Candidates to indicate office sought. A
candidate for office hereunder shall designate the specific office for
which such is offering as a candidate, as provided in section 2.3.
Section 3.7. Time of election of councilmembers. On
the first Thursday in November every year, three (3) councilmembers
or two (2) councilmembers shall be elected, to fill the vacancies
occurring in that year, to serve for two (2) year terms.
Section 3.8. Time of election of mayor. A mayor shall be
elected on the first Thursday in November in each even-numbered
year, to serve for a two (2) year term.
Section 3.9. Designation of polling places. The city
council shall designate the polling places for the conduct of elections
in the city.
Section 3.10. Hours for opening, closing polls. The
polls for the holding of all elections in and for the city shall open at
7:00 a.m. and remain open until 7:00 p.m. by the time in common use
in the city, at which time they shall be closed.
Section 3.11. Challenge of voter. When any voter is
challenged, that fact shall be so written opposite the voters name on
the voters list and also on the voters ballot, and such voter shall be
required to take the following oath:
4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I do solemnly swear that I am a citizen of the United States and
of the State of Georgia; that I have attained the age of eighteen (18)
years, and am a resident of the City of Ashburn, and that I have not
voted before at this election, so help me God.
Any voter who shall refuse to take the oath when challenged shall
have such persons ballot rejected.
Section 3.12. Majority vote to elect; runnoff. In order
to be nominated or elected a candidate in any municipal primary or
election must receive a majority of the votes cast to fill such nomina-
tion or office. In the event no candidate receives a majority of such
votes, a runoff primary or election shall be held in accordance with
the provisions of section 34A-1407, Code of Georgia of 1933, as
amended.
Section 3.13. Police to preserve peace and order at
polls. To preserve peace and good order at the polls, so that every
voter may have an unobstructed opportunity to cast a ballot, or so
that the secrecy of the same may be maintained, it shall be the duty of
the municipal authorities to furnish a sufficient number of police.
Section 3.14. Electioneering. It shall be unlawful for any
person to electioneer, or in any way to influence or try to influence
any voter, or to speak to a voter on any subject of voting within two
hundred fifty (250) feet of the voting place. The provisions of this
section shall not apply to the managers of the polls in the discharge of
their duties as such, provided they do not electioneer or try to
influence any voter in any particular manner.
Section 3.15. Penalties for unlawful conduct at
polls. Any person who shall in any manner violate either or any of
the provisions of section 3.14 shall be guilty of a misdemeanor, and
upon conviction shall be punished as prescribed by law in cases of
misdemeanor.
Section 3.16. Violations and penalties generally. The
violations set forth in Chapter 34A-16 of the Code of Georgia of 1933,
as amended, being part of the Georgia Municipal Election Code, when
committed in any city primary or election shall constitute violations
of this article; excepting therefrom, however, those violations and
penalties which by their nature can have no application.
GEORGIA LAWS 1981 SESSION
4415
ARTICLE IV. APPOINTIVE OFFICERS AND
EMPLOYEES
Section 4.1. Designation of specific officers; term gen-
erally. At the first regular meeting of the city council after qualifi-
cation, or as soon thereafter as practicable, the following municipal
officers of the city shall be elected by the city council and shall hold
their office for a term of one (1) year and until their successors are
elected and qualified: city attorney, city clerk, city treasurer, police
chief, and such other officers and heads of departments as are deemed
necessary and appropriate; provided however, that any two (2) or
more offices may be combined and filled by one person.
Section 4.2. Designation of other officers; prescribing
duties; fixing compensation. The city council shall have the
right to designate and elect such municipal officers besides those
specified in this article, as it deems necessary and proper, by ordi-
nance, and to prescribe their duties and fix their compensation by
ordinance or resolution.
Section 4.3. Oath of office; bond. All officers and employ-
ees of the city shall be required to take an oath to properly perform
their duties, and as otherwise required by law; and such officers and
employees as deemed necessary by the city council shall give bond,
payable to the mayor and the mayors successors in office, for the
benefit of the city and for the use and benefit of the public, to secure
and indemnify the city and the public for any loss or damage by
reason of their default, misfeasance, nonfeasance or negligence, as the
city council may by ordinance prescribe.
Section 4.4. Compensation. Each of the officers and
employees of the city shall receive such compensation as the city
council may by resolution or ordinance prescribe; provided however,
that the salaries of all city officers, when fixed and determined by the
city council in the manner prescribed in this charter and in the
manner prescribed by the laws and ordinances of the city, shall not be
diminished during the terms of office for which such officers are
elected.
Section 4.5. Duties of officers as prescribed. In addi-
tion to the duties prescribed in this charter, each of the officers of the
city shall perform such other duties as may be provided by the city
council by ordinance.
4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.6. Filling vacancy in office. In the event of a
vacancy occurring in any of the offices enumerated in this article, or
in any other office created by the city council, the unexpired term
shall be filled by the city council within fifteen (15) days thereafter, or
at such other time as the city council shall designate.
Section 4.7. Suspension of officers by mayor. Each of
the officers provided for herein shall at all times be subject to
suspension for cause, by the mayor, in the mayors discretion, but
such suspension shall be reported within three (3) days to the city
council for action on its part, under the provisions of this charter,
such council meeting to be within six (6) days after such report.
Section 4.8. Suspension, fine, removal from office;
authority of council. All officers elected by the city council shall
at all times be subject to the jurisdiction of the council and amenable
to its discipline, and the council shall have the power to suspend, fine
or remove any of said officers by a majority vote of the whole body,
the mayor voting, for any cause that may seem just and proper.
Section 4.9. City clerk, (a) Designation as clerk of
council, ex officio court clerk. The city clerk shall be the
clerical officer of the council and shall be the keeper of the seal of the
city; and shall also be ex officio clerk of the police court of the city,
and attend its sessions. The city clerk shall be ex officio tax collector
of the city; and ex officio clerk or secretary of any board or commis-
sion of the city, created under the provisions of this charter or that
may be created and established under the laws and ordinances of the
city.
(b) Duties as clerk, ex officio clerk. The duties of the city
clerk as clerk of the council and as ex officio clerk of the police court,
as ex officio tax collector, and as ex officio clerk or secretary of any
board or commission of the city, shall be such as are prescribed in this
charter and by the laws and ordinances of the city and by the city
council. In addition, the council may provide by ordinance that the
city clerk perform the duties of the city treasurer and/or other officers
of the city.
Section 4.10. City treasurer. It shall be the duty of the
city treasurer to receive and safely keep all monies and funds of the
city that may come into such officers hands from every source; to
keep separate accounts of same as may be provided or required under
GEORGIA LAWS 1981 SESSION
4417
and by the laws and ordinances of the city; and to only pay out said
funds only in the manner prescribed and provided for by and under
the laws and ordinances of the city. The city treasurer shall also be ex
officio tax receiver of the city, and as such shall receive the returns of
property for taxation in the city at such times and under such rules
and regulations, laws and ordinances as the city council shall pre-
scribe and enact; and shall perform all further duties as city treasurer
and as city tax receiver as the city council shall by ordinance pre-
scribe.
Section 4.11. City attorney, (a) Authority. The city
attorney shall be the legal representative of the city and legal advisor
thereof, and in such capacity shall represent the city in all matters in
which the city is interested or involved.
(b) Duties. The duties of the city attorney shall be such as are
prescribed by the ordinances and laws of the city and by the direction
of the city council.
(c) Additional counsel. Whenever in the judgment of the
city council, it shall be advisable to employ additional counsel to
assist the city attorney, authority to do so is hereby conferred upon
the city council.
Section 4.12. City tax assessor. The tax assessor for
Turner County shall act as and perform the duties of tax assessor for
the city; provided however, this section shall not preclude the city
council from establishing a board of tax assessors or office of tax
assessor as authorized by law should it deem such action to be in the
best interest of the city and its citizens.
ARTICLE V. POLICE COURT; CRIMINAL
PROCEDURE
Section 5.1. Established, designated. The police court of
the city is hereby created and shall be known and designated as the
Police Court of the City of Ashburn.
Section 5.2. Presiding officer designated. Until such time
as the office of the city recorder or municipal judge is established and
a recorder or judge is selected and enters office, sessions of the police
court shall be held and presided over by the mayor, or in the mayors
4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
absence by the mayor pro tempore, or in the mayor pro tempores
absence by a councilmember designated by the mayor for the
purpose. In presiding over the police court, the mayor shall have
power to impose such fines and punishment as are provided for in this
charter.
Section 5.3. Authority of mayor to remit, reduce fines, to
parole offenders. As presiding officer of the police court, the
mayor shall have the power and authority to remit or reduce the fines
imposed in the police court upon persons convicted therein for
violating any of the laws or ordinances of the city, and shall also have
the authority to parole on good conduct persons convicted in said
court of violating the laws and ordinances of the city, under such rules
and regulations as the city council may by ordinance prescribe.
Section 5.4. Mayor and mayor pro tempore as justice of
the peace. The mayor and mayor pro tempore shall have all the
powers of a justice of the peace to issue warrants, to try and to commit
to the superior court in Turner County for trial all violators of the
laws of the State for offenses committed within the corporate limits of
the city.
Section 5.5. Jurisdiction - Generally. The jurisdiction of
the police court shall extend over all violations of the laws and
ordinances of the city and all other laws of which municipalities are
allowed jurisdiction under the laws of this state, whenever said
violations and offenses are committed within the corporate limits of
the city, or within territory over which the city has jurisdiction.
Section 5.6. Same - Extended beyond city limits. The city
shall have the power and authority to exercise police power over all
territory beyond the limits of the city owned by the city or over which
the city has been granted jurisdiction by law, and jurisdiction of
violations of the ordinances of the city in and over such territory is
hereby vested in the police court of the city.
Section 5.7. Same - To try nuisances, require abate-
ment. The police court shall have concurrent jurisdiction with the
city council in respect to the trial and abatement of all nuisances in
the city.
Section 5.8. Powers enumerated. The police court and the
presiding officer thereof shall have the following powers:
GEORGIA LAWS 1981 SESSION
4419
(a) Contempt. To punish for contempt against its lawful author-
ity whether in the presence of the presiding officer or otherwise;
(b) Summonses, subpoenas. To issue summonses and subpoe-
nas for witnesses and compel their attendance whether or not resi-
dents of the city; to issue subpoenas duces tecum for witnesses and
the production of books and papers whether or not in the city, and
compel their production; to compel the presence of witnesses by
imprisonment if necessary and to take bonds to secure their atten-
dance and to forfeit said bonds before said police court; and to punish,
as for contempt, failure to obey its legal summonses and orders;
(c) Continuances. To grant continuances under rules of law;
(d) Bonds, Recognizances. To take bonds and recognizances
for persons charged with offenses against the laws and ordinances of
the city for their appearance at its sessions from time to time, until
the principal in said bond is tried for the offense charged, in such
amount as may be deemed sufficient to compel their appearance; and
to forfeit all appearance bonds when the principal shall fail or refuse
to appear at said court at the time and places specified therein, under
such rules and regulations as the city council of said city shall by
ordinance prescribe; and
(e) Enforcement of authority. To do, generally, all other acts
and things necessary for the proper enforcement of its authority.
Section 5.9. Punishment for contempt. The police court
shall have the power and authority to punish for contempt by fine not
exceeding twenty-five dollars ($25.00), or by imprisonment not
exceeding ten (10) days, either or both, in the discretion of the
presiding officer of said court; provided, that a continuous failure or
refusal by any person to obey the lawful orders and summonses of said
court shall be deemed a continuous contempt, and the court may
imprison such person until its lawful orders are obeyed.
Section 5.10. Trial of violations against city laws and
ordinances; limitation upon penalty. The presiding officer of
the police court shall have the power and authority to try all offenses
and violations against the laws and ordinances of the city, and upon
conviction, to punish offenders by a fine not exceeding one thousand
dollars ($1,000.00), by imprisonment for any term not exceeding six
(6) months, or by compulsory work, not exceeding six (6) months, on
4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the streets or upon any of the public works of the city, or by any
combination of such penalties, as the presiding officer of the court
may decide.
Section 5.11. Right to trial upon written accusation. All
trials in the police court shall be had without written pleadings of any
kind unless the defendant shall, upon the calling of the case, file a
written demand with the court clerk that an accusation in writing
shall be preferred against such defendant, in which event a written
accusation, in form substantially as follows:
Georgia, Turner County, City of Ashbum In the Police Court
of the City of Ashbum:
I,_____________, Chief of Police (or policeman) of said city, in
the name and behalf of the City of Ashburn, charge and accuse
____________of the offense of_______________, contrary to the laws
and ordinances of said city, the good order, peace and dignity
thereof.
shall be preferred against the defendant, signed by the officer making
or prosecuting the case, and filed in said court, whereupon the
defendant shall enter a plea thereon in writing and upon the issue
thus formed the case shall proceed to trial and disposition.
Section 5.12. Imposition of punishment. Any of the pun-
ishments prescribed in sections 5.10 and 5.13 may be inflicted in the
discretion of the presiding officer of the police court, and such
presiding officer shall have the authority to impose any of such
punishments in the alternative.
Section 5.13. General penalty. The City council may pro-
vide for punishing violators of city ordinances, laws, rules or resolu-
tions by fine, imprisonment, or working on the streets or public works;
the fines in no case to exceed one thousand dollars ($1,000.00) and the
imprisonment not to exceed six (6) months, and sentence on the
streets or public works not to exceed six (6) months, and either one or
all of said penalties may be imposed at the discretion of the court.
Section 5.14. Execution, levy, sale to enforce collection
of fine and costs. Whenever any person is convicted and sentenced
to pay a fine or to imprisonment or to work upon the streets of the city
or other public works thereof, and fails or refuses to pay said fine or
GEORGIA LAWS 1981 SESSION
4421
costs, the city shall have the right to enforce the collection thereof by
execution, levy and sale in the same way and manner as the collection
of taxes is enforced in the city.
Section 5.15. Authority to provide for working of con-
victs, custody of prisoners, (a) Scope of authority. The city
council shall have full power and authority to provide for the working
of the convicts from the police court upon the streets and other public
places and works of the city; to maintain, establish and equip a jail or
prison in the city for the safekeeping of prisoners and persons charged
with violating the laws and ordinances of the city or state and to
provide for the care of such prisoners.
(b) Ordinances to implement provisions. The city council
shall have the authority to enact such ordinances as are necessary to
carry out the provisions of this section.
Section 5.16. Bonds in certiorari - To be approved. All
bonds given in certiorari cases shall be approved by the presiding
officer of the police court.
Section 5.17. Same - Affidavit in forma pauperis. Noth-
ing in this article shall prevent the defendant if such defendant
desires to certiorari the case, from filing the usual affidavit in forma
pauperis in lieu of giving bond and security and the payment of the
costs.
Section 5.18. Same - Affidavit, bond to act as supersed-
eas. Upon the affidavit provided for in section 5.17 being made or
the bond provided for in section 5.16 being given, the same shall act as
a supersedeas of the judgment sought to be reviewed by certiorari,
until the final judgment is rendered in the case.
Section 5.19. Same - Rules and regulations applicable.
All certiorari shall be governed under the same rules and regulations,
except as otherwise provided herein, as are provided by law for the
carrying of cases by certiorari from the Probate Court to the Superior
Court.
4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VI. POWERS OF CITY GENERALLY
Section 6.1. Enumeration of powers not exclusive. The
enumeration of powers in this charter shall not be held or deemed to
be exclusive, but in addition to the powers enumerated herein,
implied hereby, or appropriate to the exercise thereof, the city shall
have and may exercise all other powers which under the constitution
and laws of this state, it would be competent for this charter specifi-
cally to enumerate, it being the intention hereof that the powers of
the city shall extend to all matters of local and municipal government.
Section 6.2. Corporate powers enumerated. The city
council shall have the following powers:
(1) Acquisition, disposal of property. To acquire property,
within or without the city, in fee simple or lesser interest or estate, by
purchase, gift, devise, appropriation, lease, or lease with privilege to
purchase, for any municipal purpose, and may sell, lease, hold,
manage and control such property as specified and provided for;
(2) Furnishing public service. To furnish all local public
services, as herein specified and provided for;
(3) Public utility franchises. To grant local public utility
franchises and regulate the exercise thereof;
(4) Taxation. To assess, levy and collect taxes for general and
special purposes on all subjects or objects which the city may lawfully
tax; and to provide by ordinance for reporting all property in the city
subject to taxation by the city, whether such property be realty or
personalty, tangible or intangible, and to require all persons owning
such property to file a written statement and description of such
property with the fair market value thereof under oath; and to
prescribe by ordinance a penalty for failure to make such return or
report within the time prescribed by ordinance. Such penalty shall be
a lien upon property of the defaulter and shall be collected in the
same manner as the taxes of the city. Such penalty shall be estab-
lished at the discretion of the city council at the time taxes are levied;
(5) Bonds, notes. To borrow money on the faith and credit of
the city by the issuance and sale of bonds or notes of the city;
GEORGIA LAWS 1981 SESSION
4423
(6) Appropriations. To appropriate the money of the city for
all lawful purposes;
(7) Public works and improvements. To create, provide
for, construct, regulate and maintain all things in the nature of public
works and improvements, including the power of eminent domain;
(8) Assessments for local improvements. To levy and
collect assessments for local improvements on property benefited
thereby;
(9) Licensing, regulating businesses, trades, etc. To
license and regulate persons, corporations, associations, and other
entities engaged in any business, occupation, profession or trade;
(10) Abatement of nuisances, detrimental conditions.
To define, prohibit, abate, suppress and prevent within the city, and
for a distance of five thousand (5,000) feet outside its limits, all
nuisances and causes thereof, and all things detrimental to the health,
morals, safety, convenience or welfare of its inhabitants;
(11) Purity of water supply. To make all needful regulations
applicable within and without the city, for securing and preserving
the purity of its water supply;
(12) Preservation of public health. To do all things neces-
sary or desirable to secure and promote the public health;
(13) Construction, size, use of buildings. To regulate the
construction, reconstruction, material, location, height, maintenance
and occupancy of buildings, signs and signboards and other struc-
tures;
(14) Streets, public places, (a) To regulate and control the
use, for whatever purpose, of the streets, sidewalks, alleys, ways and
other public places of the city, and to open and close streets;
(b) To pave or otherwise improve the whole or any part of any
street, sidewalk, alley, way or other public place of the city, without
giving any railroad company, or other property holder or occupant on
the street, sidewalk, alley, way or other public place the option to pave
or otherwise improve the same or any part thereof by themselves or
by contract;
4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) To remove any building, stall, booth, tent, awning, steps, gate,
fence, post, wire, stump, tree, structure, pole, or other obstruction or
nuisance in a public street, sidewalk, alley, way or other public place
or so near thereto as to constitute a defect or render the city liable in
damages for not removing it, or cause the aforesaid to be removed at
the owners expense if the owner shall fail or refuse to remove the
same within such reasonable time as may be fixed by order of the
presiding officer of the police court or other designated official of the
city, and execution shall issue against said owner for the expense
thereof as in case of executions for unpaid taxes, and said owner shall
also be subject to punishment for maintaining a nuisance;
(d) To regulate, lay out, open, relocate, straighten, improve,
grade, and control old and new streets, alleys, sidewalks, street
curbing, street crossings, and other public places, and no person or
corporation shall at any time hereafter lay out, locate, relocate, open,
extend, or close any street, alley, way, sidewalk, park, square or other
public place contrary to the plan of the city or without the consent of
the city council, and any application for this purpose shall, with an
appropriate plat, first be filed with such officer as the city council may
designate by ordinance, and notice thereof shall be given the public or
parties in interest by publication as required by law and the ordi-
nances of the city. If such application is granted, the owner shall
relinquish all rights and title to the area involved and the same shall
pass to and become vested in the city, and all management and
control over the same shall pass unequivocably to the city;
(15) Dog license; animals. To impose and collect a license
and a tax on dogs within the city in such a manner and mode as it may
deem best; and to regulate, suppress and prohibit animals at large in
the city; and to regulate the keeping of animals;
(16) Building trades and professions. To license electrici-
ans, plumbers, contractors and others and to require examinations as
conditions precedent to granting of such license; create examining
boards and prescribe by ordinance the minimum requirements in
such examinations, and to appoint the members of such boards;
(17) Replacing, etc., old sewers, streets, etc. To condemn
or cause to be condemned defective sewers, street pavement, street
curbing, or sidewalks within the city to be condemned, reconstructed,
replaced or repaired, as the case may require, at the expense of owners
of lots of real estate abutting thereon (or against the real estate and
GEORGIA LAWS 1981 SESSION
4425
owners thereof for whose sole benefit such improvements exist in case
of sewers laid solely for the benefit of persons other than owners of
real estate abutting thereon), and assess the cost thereof (or in case of
street paving such part of the costs as the council shall deem just and
proper) against such abutting lots of real estate and the owners
thereof (or in case of sewers constructed solely for the benefit of
persons other than abutting lot owners against other real estate, and
the owners thereof for the sole benefit of which such sewers exist), as
in the case of original construction of the same kind of improvements;
(18) Civil Service; retirement. To provide, by ordinance, a
civil service system for city officers and employees and/or provide by
ordinance for a system of retirement for city officers and employees,
which retirement system may be that of old age and survivors
insurance;
(19) Subdivisions. To regulate the subdivision of land in the
city by requiring and regulating the preparation and presentation of
preliminary plats, by establishing minimum improvements to be
made or to be guaranteed to be made by the subdivider, by setting
forth the procedure to be followed by the planning commission in
applying rules, regulations, and standards, and by providing for
penalties for violation of such rules, regulations, and standards;
(20) Offices, departments, personnel. To create, establish,
organize and abolish departments and offices, and fix the salaries and
compensation of all officers and employees;
(21) Police, sanitary, similar regulations. To make and
enforce local police, sanitary and other similar regulations;
(22) Ordinances generally. To pass such ordinances as may
be expedient for maintaining and promoting the peace, safety, good
government and welfare of the city and for the performance of the
function thereof;
(23) Imposition of fines and penalties. To try and punish
all offenses and violations against the laws and ordinances of the city;
and upon conviction to punish offenders as provided in section 5.13;
(24) Building numbering. To establish a system of number-
ing buildings in the city, and to assign appropriate street numbers to
the various buildings on the various streets and ways of the city, and
to compel said buildings to be properly numbered;
4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(25) Sewers. To control by ordinance the time, manner, terms,
conditions, and places of all sewer connections and how much surface
or drainage water may flow into such sewers, and the terms and
conditions on which it will be permitted and at what points; and
generally all matters relating to the construction use, control, mainte-
nance, repair, replacement, improvement and removal of sewers and
sewer connections, and the cutting and replacing of pavement and
other adjacent structures shall at all times be under the control and
regulation of the city council in its fair and legal discretion;
(26) Culverts, pipes, drains, sanitary fixtures. To control
by ordinance the construction, maintenance and removal and
replacement of all city culverts, pipes, sewers, drains, private drains,
water closets, urinals, privies, toilets, and the like, and provide for
their location, structure, size and use, and pass such ordinances
concerning them and their use in all particulars, as may be deemed
best for the health, comfort and general welfare of the inhabitants of
the city. The city council shall have power and authority to prescribe
by ordinance the kind of water closets, urinals, privies and plumbing
which shall be used in the corporate limits, and to condemn and
compel the disuse of same when they do not conform to such
requirements, or when they shall become and are declared a nuisance
by a court having jurisdiction. The council shall also have power and
authority to compel the owners of property within the city to connect
water closets, sinks, commodes and urinals on their property with the
sewers and sanitary system of the city when such property is located
within a reasonable distance of such sewer, and under such rules and
regulations as may be prescribed by ordinance. If any property owner
shall fail or refuse to make connections as required by city ordinance
or resolution, such owner shall be punished as provided by ordinance;
(27) Contracts with other political subdivisions. To
contract with other municipalities and political subdivision, and to
cooperate with other municipalities and political subdivisions, in
acquiring, establishing, constructing, building, maintaining and oper-
ating such garbage disposal, water, and sewerage, and electric, gas and
other energy plants, lines and facilities, and streets, sidewalks, parks
and public buildings, within and without the limits of the city, as well
as libraries and other institutions, utilities and services, in addition to
existing plants, systems, building, facilities, lines and services, as the
city council may at any time deem for the best interest of the city;
GEORGIA LAWS 1981 SESSION
4427
(28) Additional powers. To exercise, in addition to the powers
enumerated in this section, all powers that now are, or hereafter may
be, granted to municipalities by the constitution or laws of the state;
and all the powers of the city, whether expressed or implied, shall be
exercised and enforced in the manner prescribed in this charter, or
when not so prescribed, then in such manner as may be provided by
law or by ordinance or resolution of the council.
Section 6.3. Nuisances, (a) Order adjudging and abate-
ment. The city council may provide by ordinance for any building,
structure, or condition maintained in violation of any valid law of this
state or any valid ordinance of the city to be adjudged a nuisance and
for its abatement at the owners expense upon the owners failure or
refusal to abate same within the time prescribed by ordinance after
written notice from the city to do so.
(b) Abatement notice to nonresidents. In nuisance abate-
ment proceedings by the city, where the nuisance consists of a
condition of property of an individual residing without the limits of
the city or of a corporation having its office without the limits of the
city, notice shall be served upon such owner or such owners agent
within Turner County, if either can be found within the county, but if
said owner cannot be served in such manner, a warrant for the arrest
of such individual owner shall issue against such owner and shall be
executed by any sheriff, deputy sheriff, constable, marshal, police
officer of any city, town or county in this state, and the presiding
officer of the police court shall cause such nuisance to be abated at the
expense of such owner, and an execution for such expense shall be
issued by the city clerk, which execution shall be levied on any real
estate or personal property of the accused which may be located
within the city or wherever it may be found, and such expense and
execution shall constitute a lien against all property of such accused
owner, which lien shall be prior and superior to all other liens except
liens for taxes. Property levied upon under such action shall be
advertised and sold as property is sold for taxes in the city, unless
such levy is arrested by affidavit of illegality or other appropriate
proceedings, and all further proceedings in relation to such execution
shall be the same as in case of executions of the city for street paving
costs and similar assessments.
Section 6.4. Public health and sanitation. The city coun-
cil of the city shall have the power and authority to provide for the
inspection and regulation of the sanitary condition of all premises
within the city limits; for the removal of garbage, sewage, refuse and
4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unsanitary or offensive vegatation; to provide for establishing a lien
against affected property for any expenses incurred by the city in
enforcing this provision; and to provide for the making and enforcing
of all proper and reasonable regulations for the health and sanitation
of the city and its inhabitants.
Section 6.5. Building, repairing, removing of build-
ings, other structures - Generally, (a) Scope of authority.
The city council shall have full power and authority to regulate the
building or the repairing of any buildings or other structures within
the corporate limits of the city or the removal thereof; to require
persons desiring to build, repair or remove buildings or other struc-
tures in the city to first obtain a permit from the city council, or from
such officer as shall be authorized to grant the same, before erecting,
repairing, or removing same; to refuse to allow buildings or other
structures to be erected, repaired or removed in the city when
satisfied that said buildings or other structures or additions thereto,
or repair thereof, or removal thereof, would be manifestly against the
best interests of the city or would endanger the safety or health of the
citizens or be likely to become a nuisance and offensive to the
property owners or residents of the city, to require applications for
permits to be made and to prescribe how they shall be made, what
they shall contain, and with whom they shall be filed; and to provide
for the removal, at the expense of the owners thereof, of buildings or
other structures erected, repaired or removed in violation of such
rules and regulations as may be prescribed by the city council for the
building, repairing or removing of buildings or other structures in the
city.
(b) Inspections. The city council shall have the power and
authority to provide for the inspection of the construction of all
buildings and other structures in respect to proper electrical wiring,
piping for gas, flues, chimneys, plumbing and sewer connections; and
to enforce proper regulations in regard thereto.
(c) Ordinances to implement section. The city council is
hereby authorized and empowered to enact all ordinances to accom-
plish the provisions of this section, and to provide a penalty for the
violation of such ordinances.
(d) Adoption of codes, rules. The city council may adopt by
reference any code or set of rules published by any recognized trade or
professional association, for carrying into effect the purposes of this
section.
GEORGIA LAWS 1981 SESSION
4429
Section 6.6. Same - Regulating safety of buildings and
other structures. The city council shall have the power and author-
ity to enact and enforce all ordinances and resolutions necessary to
regulate the safety of all buildings and other structures.
Section 6.7. Same - Exits, fire escapes; construction
and sufficiency. The city council shall have the power and author-
ity to require the construction of fire escapes, and to determine the
sufficiency and regulate the safety of all exits and fire escapes
provided on buildings of every kind and character.
Section 6.8. Unsafe buildings; fire protection and pre-
vention. (a) Enactment, scope. The city council may enact all
ordinances, rules and regulations necessary to lay out and prescribe a
fire district or fire districts in the city, and to enlarge, change or
modify the limits thereof from time to time; to prescribe when, how
and of what material buildings and other structures may be erected,
repaired or covered; how wall, chimneys, stovepipes and flues are to
be constructed; to provide for fire escapes in buildings; and generally
to do all such things and to pass such laws and ordinances as it may
deem necessary in order to protect the city as far as possible from
dangers from fire and to prevent the spread of fire from one building
or structure to another, and for the protection and safety of the
people.
(b) Changing, removing construction. The city council shall
have the authority to order any changes in the construction or
arrangement of buildings and other structures, chimneys, stovepipes
or flues, and to order the removal thereof when in its judgment the
same are dangerous or likely to become so, and to make the owner of
the affected premises pay the expense of such change or removal,
which expense may be collected as taxes are collected.
(c) Removal, alteration of building. If any person shall erect
or maintain any building or other structure that is not in accordance
with the laws and ordinances of the city, the city council may order
such person to remove or alter the same within the time limit
specified therefor, and if such person shall not remove or alter such
building or other structure after such notice to do so is given, then the
city council shall have authority to remove or alter the same at the
expense of the owner, which expense may be collected as taxes are
collected.
4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Adoption of codes, rules. The city council may enact
ordinances adopting by reference any code or set of rules published by
a recognized trade or professional association, for the prevention of
fires or protection against fires.
Section 6.9. Policing public places, protecting water
supply. The city council shall have the power to police all parks,
public ground, streets, alleys and other public places owned by the
city, within or without the city limits, to prohibit the pollution of all
sources of water supply of the city; and to provide for the protection
of water sheds.
Section 6.10. Franchises, permits, easements and
rights-of-way - Granting, (a) Scope of authority. The city
council shall have the power and authority to grant franchises,
permits, easements, and rights-of-way in, on, under and over the
streets, alleys, squares, sidewalks, parks and other property of the
city, upon such terms, conditions, reservations, restrictions and limi-
tations as the city council may fix and prescribe; provided however,
that the same shall not be granted for a period longer than authorized
by the state constitution or law, nor without adequate compensation
to the city; provided further, that such franchises, permits, easements
and rights-of-way shall be subject to taxation by the city.
(b) Application, notice, granting. The city council shall have
the power and authority by ordinance to prescribe the method of
making application for any such franchise, easement, permit or right-
of-way; what said application shall contain; to provide for notice of
such application to be published; to provide when such franchise,
permit, easement or right-of-way, if granted, shall become operative
and when it shall terminate; and generally to prescribe such rules and
regulations in respect to applications for same, the filing, publication
of notice, and the granting of same as the city council may deem
necessary or advisable.
(c) Ordinances to implement section. The city council shall
have the right and power to pass such ordinances as may be necessary
to accomplish the provisions of this section and to prescribe penalties
for the violation of said ordinances.
Section 6.11. Same - Erection of structure in street,
sidewalk, public place. The city council shall have full power and
authority to grant the right to erect or maintain a structure or
GEORGIA LAWS 1981 SESSION
4431
obstruction in a public street, sidewalk or other public place, upon
such terms and conditions and subject to such restrictions as the city
council shall deem appropriate.
Section 6.12. Railroads - Improvement, maintenance
and repair of rights-of-way. The city council shall have full
power and authority to enact all laws and ordinances to require any
railroad company having or which may hereafter have tracks running
in, along, across or through the streets, alleys or public ways of the
city, which have been improved, to macadamize or otherwise pave
and improve as the city council may direct, the width of their tracts,
and two (2) feet on each side thereof, and to require said companies to
repair or repave the aforesaid portions as the city council may direct;
and the city council shall have the power and authority to enforce the
provisions of this section by appropriate ordinances.
Section 6.13. Same - Speed and operation of trains.
The city council shall have full power and authority by ordinance to
regulate the speed and operation of all railroad trains on, along or
across the streets, alleys and other public places of the city; to require
railroad companies to station guards or warning signals and devices at
street crossings; to make it a penal offense for any railroad company,
its agents or employees, to block or obstruct any street crossing with
railroad trains, cars or engines any longer than is necessary for said
trains, cars or engines to pass over said crossings; to prohibit more
than one train from crossing or running parallel with another train at
the same time across a street crossing; and to regulate in any other
way the running or operation of railroad trains within the city limits,
as it may deem necessary to protect and safeguard the public and to
provide penalties for the violation of any of the provisions of this
section.
Section 6.14. Planning and zoning, (a) The city council is
hereby authorized to pass and enforce planning and zoning laws
whereby the city may be zoned or districted for various uses and other
or different uses provided therein, and regulating the use for which
said zones or districts may be set apart and to regulate the plans for
development and improvement of real estate therein, provided said
planning and zoning laws are consistent with the constitution and
conform to the provisions of Chapter 69-12 of the Code of Georgia of
1933, as amended, which the city by and through its council may
deem necessary or proper, to promote the public health, safety,
morals, order, comfort or general welfare.
4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) It may create a board of zoning appeals, which board shall hear
and decide appeals from and review any order, requirement, decision
or determination made by the inspector of buildings in the enforce-
ment of the zoning regulations. The city council may authorize the
board of zoning appeals to administer the details of the application of
any zoning regulation and may delegate to such board, in accordance
with general rules set forth in the zoning ordinances, power to permit
exceptions to and variations from the zoning regulations, and to
administer the zoning regulations as specified therein, and such other
administrative powers and functions as may be delegated by the city
council, either in whole or in part, to such board of zoning appeals.
Section 6.15. Licensing, regulating control of signs,
billboards. The city council shall have power and authority by
ordinance to license, regulate, control and prohibit the erection of
signs or billboards; and to provide penalties for the violation of any of
the provisions of such ordinances.
Section 6.16. Regulating traffic; off-street parking.
(a) The city council shall have the power and authority to control and
regulate the running of bicycles, automobiles, motorcycles and all
other kinds of vehicles in the city, whether said vehicles are propelled
by hand, foot, steam, electricity or other motive power; to prescribe
the rate of speed and the manner in which the same may be run, and
the qualifications of the drivers, chauffeurs and operators of said
vehicles; to provide for the registration of said vehicles, and to do
every act and thing necessary or incident to the safety of the same and
of the public. The city council shall have the authority to accomplish
the provisions of this section by ordinance and to provide penalties
for the violation thereof.
(b) The city council shall have the power and authority to
construct, maintain and operate off-street parking facilities, and to
acquire land and other necessary property for such purposes and to
charge, contract for and receive rentals and parking fees for the use of
such facilities and parking spaces therein.
Section 6.17. Regulating vehicles for hire. The city
council shall have the full power and authority, by ordinance, to
regulate all vehicles of every kind and description used in the city for
hire or profit in the transportation of passengers or freight or other
thing; to provide for the inspection of same; to fix the rates of fare
therefor; and to fix and prescribe penalties for violation thereof.
GEORGIA LAWS 1981 SESSION
4433
Section 6.18. Regulating plumbers and plumbing. The
city council shall have the power and authority by ordinance to
provide for the regulation and control of plumbers and plumbing
work, and to secure efficiency in the same.
Section 6.19. Regulating storage, sale of explosives,
combustibles; sale, discharge of fireworks. The mayor and
council of the city shall have the right, power and authority, by
ordinance, to regulate the keeping of gunpowder, dynamite, petro-
leum oils, turpentine, and any and all other kind of explosives or
combustible materials; to regulate the sale and use of firecrackers,
torpedoes, sky rockets, and any other kind of fireworks; to prohibit
the firing or use of them within the limits of said city; and to prescribe
penalties for violations of such ordinances.
Section 6.20. Regulating the keeping, handling of
animals and fowl - Generally. The city council shall have the
power and authority to prevent horses, mules, cattle, hogs, sheep,
goats, dogs, chickens and all other animals and fowl from running at
large in the city; to regulate, prevent or prohibit the keeping of certain
animals within the city, or to regulate the number and manner in
which they must be kept, if allowed, and shall have full power and
authority to take up and impound any of such animals and fowl and
punish all owners of any of such animals who shall fail or refuse to
obey such ordinances as may be adopted by the city council to carry
out and accomplish the purposes of this section.
Section 6.21. Same - Taxation, registration, keeping
of dogs. The city council shall have the power and authority to levy
and collect such tax as it may deem proper upon dogs kept within the
city; to provide for the registration thereof, and to prescribe such
ordinances respecting the keeping of dogs as may be deemed proper,
and to prescribe punishment for violation of said ordinances.
Section 6.22. Same - Establishment, operation of
municipal pound. The city council shall have the power and
authority to establish a pound for the impoundment of animals, and
to change the same whenever it sees proper; to fix a schedule of
charges and penalties to be paid by the owners of such impounded
animals before they are released from said pound; to regulate the
mode or manner of sale or disposition of impounded animals where no
owner appears, or when payment of the impoundment fees charged,
penalties, or costs is refused; to provide for the disposition of the
4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
proceeds of the sale of impounded animals; and to provide for the
punishment of all persons who, without authority, shall break into the
pound or interfere with the operation thereof.
ARTICLE VII. FINANCE AND TAXATION
Section 7.1. Authority to borrow money. The city coun-
cil of the city shall have the power and authority to borrow money for
the use of the city by obtaining a temporary loan or loans to supply
casual deficiencies of revenue, not to exceed one (1) percent of the
assessed value of the taxable property within any one (1) year; the
sum or sums so borrowed shall be paid from the income of the city for
the fiscal year in which the loan or loans are made, and before the
expiration of the fiscal year in which the same were made.
Section 7.2. Authority to provide for depository of city
funds. The city council of the city may select some bank in the state
as a city depository, and may require the treasurer or other appropri-
ate officer of the city to deposit all funds of the city therein. Said
depository may be selected upon such rules, regulations, conditions
and requirements as the city council may by ordinance prescribe.
Section 7.3. Group insurance for city officers and
employees authorized; deduction, etc. (a) The city council
is hereby authorized and empowered to make deductions periodically
from the wages and salaries of its employees and officers, excluding
the mayor and councilmembers themselves, with which to pay the
premium for life, health, accident, hospitalization, or annuity of such
officers or employees, upon a group insurance plan, and to that end to
enter into agreements with insurance companies whereby the kind of
group insurance desired by the officers and employees may be fur-
nished to them and the premiums therefor remitted periodically by
the city.
(b) The participation in such group insurance by such officers or
employees shall be entirely voluntary on the part of such persons at
all times. Any officer or employee, upon any payday, may withdraw
or retire from such group plan upon giving notice in writing to such
persons employer directing the discontinuance of deductions from
such persons wages or salary in payment of such plan.
(c) The city council in carrying out any provision of this section
shall have the right to contribute or pay any part of the premium due
GEORGIA LAWS 1981 SESSION
4435
on the coverage afforded its officers and employees for the plan of
protection afforded, out of the general funds of the city.
Section 7.4. Levy of ad valorem tax for general city
purposes, (a) Amount, scope of tax. The city council shall
have power and authority to levy and collect a tax annually, for
general city purposes, of not more than twenty-two and one-half (22
1/2) mills, upon each dollar of assessed valuation, upon every species
of property, both real and personal, within the limits of the city,
including bonds, notes, debts, choses in action, moneys employed in
banking and otherwise, and to enforce the collection of same by
execution, levy and sale as the city council shall provide.
(b) Due date, collection. The city council shall have power
and authority to provide by ordinance when such taxes of the city
shall be due, in what length of time such taxes shall be paid, when tax
executions shall issue against defaulters, and to fix a penalty for the
nonpayment of taxes when due.
Section 7.5. Authority to assess, levy and collect ad
valorem tax for bond purposes, (a) Scope of author
ity. The city council shall be authorized and empowered to annually
assess, levy and collect, in addition to all other taxes authorized to be
levied under this charter, a tax on all the property, both real and
personal, in the corporate limits of the city in such sums as it may
deem right, proper and necessary for the specific purpose of paying
the interest on all bonds outstanding, or which are issued under the
provisions of this charter, and also to create a sinking fund sufficient
to redeem and pay off all bonds outstanding or which are issued under
the provisions of this charter, at their maturity.
(b) Use of funds. All taxes so assessed, levied and collected
shall be kept separate and distinct from all other taxes and shall be
used solely for the payment of the interest on all bonds as it accrues
and for the creation and accumulation of a sinking fund for the
payment of the principal of all bonds outstanding against the city or
which are issued under this charter.
(c) Due date, collection. The city council shall have power
and authority to provide by ordinance when such tax shall be due, in
what length of time such tax shall be paid, when tax executions shall
issue against defaulters, and to fix a penalty for the nonpayment of
such taxes when due.
4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.6. Authority to assess, levy and collect ad
valorem tax to assist development authority, (a) Scope
of authority. The city council shall have power and authority
annually to assess, levy and collect a tax not exceeding the number of
mills on each dollar of assessed valuation as prescribed by law upon
every species of property, both real and personal, in order to assist in
defraying the cost of operation of a development authority should one
be hereafter created for the benefit of the city, by making appropria-
tions thereto.
(b) Due date, collection. The city council shall have power
and authority to provide by ordinance when such tax shall be due, in
what length of time such tax shall be paid, when tax executions shall
issue against defaulters, and to fix a penalty for the nonpayment of
such taxes when due.
Section 7.7. Authority to assess, levy and collect
garbage and sanitation tax. (a) Scope of authority. The
city council shall have the power to assess, levy and collect an annual
tax in an amount necessary to defray the cost of garbage collection
service, upon every city lot occupied by a resident, and upon each
store or other place of business in the city. Vacant lots shall not be
assessed.
(b) Prerequisites. Before the imposition of such tax, the city
shall establish a city garbage collection system and operate it at all
times for the collection of all refuse and garbage from all lots so taxed
for sanitary purposes, which the city is authorized to do by ordinance.
(c) Use of funds. The funds arising from this tax must be
used for the purpose of city sanitation and for no other purpose.
Section 7.8. Returns of property for taxation; determi-
nation of due dates. The city council shall have the power to
provide by ordinance for the return of all real and personal property
for taxation, to provide for compelling such return, and to provide
penalties for failure to do so, to double tax defaulters, after due notice
and hearing to be prescribed by the city council, for the current or any
previous years, not in conflict with any limitation prescribed by the
laws of Georgia; and to prescribe the time or times at which said
returns are due.
GEORGIA LAWS 1981 SESSION
4437
Section 7.9. Contesting assessment of property for
taxes. If any taxpayer is dissatisfied with the assessment made of
such persons property, either real or personal, such taxpayer may
proceed as authorized by the laws of the state.
Section 7.10. Licensing, regulating businesses, occupa-
tions, trades, callings and pursuits, (a) Scope of author-
ity. The city council of the city shall have the right and authority to
tax, license, regulate and control by ordinance, all businesses, occupa-
tions, trades, callings, pursuits and professions and any and every
other type of commercial activity conducted or carried on in the city,
and which under the constitution and laws of this state are subject to
license, regulation and tax.
(b) License restrictions. The city council shall also have
the right by ordinance to fix and prescribe the amount of said taxes
and licenses; to provide where the same shall be paid; to provide for
the revocation of any or all licenses issued pursuant to this section;
and to provide penalties for the violation of any of the provisions
thereof.
Section 7.11. Registration, special tax on trade, busi-
ness, vocation, profession, calling, pursuit. The city council
shall have full power and authority by ordinance to require any
person, firm or corporation, whether a resident or nonresident of the
city, engaged in or carrying on or who may engage in or carry on any
business, trade, pursuit, calling, vocation or profession, within the
corporate limits of said city, either by themselves or by their agents,
to register their names and business, trade, pursuit, calling, vocation
or profession, annually and to require such person, firm or corpora-
tion to pay for such registration such amount as the city council may
by ordinance prescribe; and to provide for the punishment of all
persons, firms or corporations who are required by ordinance to pay
said special tax and register, who shall engage in or offer or attempt to
engage in such business, trade, pursuit, calling, vocation or profession
without first complying in all respects with the ordinance in reference
thereto.
Section 7.12. Executions for taxes, licenses, other
demands, (a) Issuance, contents, procedure thereunder.
Executions for any taxes or licenses, or demands of any sort, due the
city or its corporate authorities by any person, firm or corporation, or
against any property subject thereto, shall be issued by the city clerk,
4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be signed by the city clerk, bear teste in the name of the mayor, and be
directed to the chief of police of the city and the chiefs deputies and
to all and singular the sheriffs, deputy sheriffs and constables of this
state, commanding them that of any property belonging to the
defendant against whom said execution is issued, or of certain prop-
erty described in the execution, they levy upon and sell for the
amount due on the execution with all costs. The city council shall, by
ordinance, provide the time, place and advertisement of, method of
conducting, and all regulations governing sales by the chief of police
under said executions. The sheriffs, deputy sheriffs and constables of
this state shall proceed in the same manner to levy and collect said
executions as they do executions issued from the respective courts of
which they are an executive officer.
(b) Laws, presumptions governing executions. All exe-
cutions issued by the city clerk for taxes, license fees, special assess-
ments, fines or forfeitures, due the city shall be governed by the laws
governing executions for state and county taxes, and shall be subject
to all presumptions of law and fact which apply to execution for state
and county taxes.
(c) Laws, rules, presumptions governing deeds. All deeds
executed under levy of executions in favor of the city for taxes,
licenses, special assessments, fines or forfeitures, shall be governed by
the laws and rules of execution which apply to deeds executed by the
sheriffs under levy of executions for state and county taxes, and shall
be subject to all presumptions of law and fact which apply to deeds
executed by sheriffs under levy of executions for state and county
taxes.
ARTICLE VIII. PUBLIC PROPERTY:
IMPROVEMENTS
Section 8.1. Mayor to sign deeds and contracts. The
mayor shall sign all deeds and contracts made for or by the city which
shall have been ordered or approved by the city council duly assem-
bled.
Section 8.2. Conveyance of property sold under process
of city. Whenever any real property is sold under any process of the
city the officer making the sale shall have the power and authority to
convey the same by proper conveyance to the purchaser, but all such
GEORGIA LAWS 1981 SESSION
4439
property that may be sold under execution for city taxes shall be
subject to redemption, within the period allowed by law, of property
sold under execution for state and county taxes.
Section 8.3. Condemnation of property for public pur-
poses. (a) Scope of authority. The city council shall have full
power and authority to condemn property for the purpose of estab-
lishing, laying out, opening, widening, straightening, grading, or in
any way changing, streets, sidewalks, alleys, squares, recreation areas
and parks, within or without the city, and for the purpose of establish-
ing, extending, enlarging, improving or maintaining waterworks sys-
tems, sewerage systems, drainage systems, natural gas systems, elec-
trical systems, power systems of any nature, garbage disposal facili-
ties, cemeteries, or any other public works, public service, or public
utility, within or without the city.
(b) Exercise of power. Whenever the city council shall
desire to exercise the power and authority to condemn property as
granted and conferred herein, said power and authority shall be
exercised, whether the land sought to be condemned is in the hands of
the owner or a trustee, executor, administrator, guardian or agent,
under the same terms and conditions as provided for in the general
laws of this state with reference to the condemnation of private
property for public use as contained in the Code of Georgia of 1933, as
amended, having reference to the condemnation of private property
for public use, and as provided by Acts amendatory thereof, and in
particular Part II, Title 36, as amended.
Section 8.4. Hospitals, similar institutions; establish-
ment, operation. The city council shall have power and authority
to establish, maintain and regulate such hospitals, orphanages and
charitable institutions as may be deemed expedient by it.
Section 8.5. Authority to regulate cemeteries, (a) Gen-
erally. The city council shall have the exclusive jurisdiction over all
cemeteries belonging to the city. It may make such appropriations as
may be necessary for the care and supervision of same, and may enact
ordinances and provide penalties for the purpose of preventing
trespass thereon.
(b) Fees and charges. The city council may regulate the
charges for lots, grave-digging, interment, disinterment, and every-
thing pertaining to the proper care and operation of such cemeteries;
4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
including the sale of lots or right to bury thereon. It may prescribe
such fees for burials as it may deem proper, and may enforce the
collection of such fees, as it may by ordinance provide.
Section 8.6. Control of parks and playgrounds. The
mayor and council of the city shall have exclusive control over all city
parks and playgrounds, and the power and authority to control,
regulate and remove all obstructions and prevent all encroachments
thereupon; and to provide for raising, grading, filling, terracing,
landscape gardening, erecting buildings and providing amusements
therein, and for establishing walks and paving driveways around, in
and through said parks, playgrounds and other public grounds.
Section 8.7. Regulation of obstructions, encroach-
ments and encumbrances of streets. The city council shall have
the power to control, regulate and remove all obstructions, encroach-
ments and encumbrances on any public street, alley or other public
place, and to regulate and control the moving of buildings and
structures of any kind or character upon and along the same.
Section 8.8. Authority over streets and public places
generally; assessing cost of improvements, (a) Scope of
authority. The city council shall have the absolute, full and
complete control and supervision of the streets, sidewalks, alleys,
lanes, parks, squares and other public places of the city, and shall
have full power and authority to open, lay out, close, narrow, widen,
straighten, grade or otherwise change the streets, sidewalks, alleys,
lanes, parks, and squares of the city; and shall have the power to lay
out, grade, vacate, close up, curb and pave the roads, streets, bridges,
alleys, sidewalks, crosswalks, cross drains, drains and gutters or any of
them for public use or to lay wires, lines or pipes, throughout the
streets, squares, lanes, alleys, parks and public places of the city, upon
such terms and conditions as the city council may by ordinance
provide.
(b) Assessment of cost. The city council may assess not
more than two-thirds (2/3) of the entire cost of any or all of the
improvements or work described in subsection (a), against the abut-
ting property and the owners thereof, including street and railroad
property and the owners thereof, according to the proportion that
such abutting property bears to two-thirds (2/3) of the cost of such
improvements or work and also to provide for the enforcement and
collection of such assessments against the abutting property and
owners thereof, including railroads thereon, by execution issued
against such property and such owners.
GEORGIA LAWS 1981 SESSION
4441
(c) Equalizing assessments. The city council shall have
full power and authority to adopt by ordinance such system of
equalizing assessments on real estate for the purpose stated above, as
may be just and proper, estimating the total cost of each such
improvement made, and prorating the cost thereof, or such part as is
to be borne by the abutting property and the owners thereof, on the
abutting real estate, and owners thereof, according to the proportion
such abutting real estate bears to two-thirds (2/3) of the cost of such
improvements or work on or along such street, sidewalk, avenue,
alley, lane or other public place, or according to the area or value of
said real estate, any or all, as may be determined by ordinance.
(d) Lien of assessment. The amount of the assessment on
each piece of real estate shall be a lien on such real estate against the
owner thereof, from the date of the passage of the ordinance provid-
ing for the improvement or work and making assessment.
(e) Collection of assessment. The city council shall have
full power and authority to enforce the collection of any assessment so
made for such work or improvement, as aforesaid, by execution issued
by the city clerk against the real estate so assessed and the owner
thereof for the amount thus assessed; which execution may be levied
by the chief of police of the city on such real estate or other property
owned by the owner thereof, without such levy, being open to the
charge of being an excessive levy, and after advertising and other
proceedings, as in case of tax sales under existing ordinances, or such
as may hereafter be made applicable to the subject, said property
shall be sold in the same manner and shall be subject to all the rights
of purchase by the city and redemption by the owners as is now
provided for tax sales by the city; provided, that all advertisements
may be made in the official organ of the city.
(f) Contest of assessment. To any execution issued under the
provisions of this section the defendant shall have the right to file an
affidavit of illegality to judgments under the practice of the Superior
Courts of the state, denying that the whole or any part of the amount
for which such execution issued is due, and the reason the same is not
due, but any amount admitted to be due shall be paid before the
affidavit of illegality is received, and said affidavit shall be received
for the balance, and said affidavit so received shall be returned for
trial to the Superior Court of Turner County, Georgia, and there tried
and the issues determined as in other cases of illegality, subject to all
the penalties provided for in cases of illegalities filed for delay only.
246
4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) Priority of assessment. The lien of such assessments
and the executions issued thereon on abutting property, including
that of railroads, and the owners thereof, for any such improvement
contemplated and provided for by this section shall have rank and
priority of payment next in point of dignity to liens for taxes, as
provided by the constitution and laws of the State of Georgia, and of
the United States, and shall have priority over all other executions
and judgments and liens, such liens to date from the passage of the
ordinance authorizing the execution of the work or improvement in
each case.
(h) Application to maintenance, repair. The city council
shall have full power and authority to prescribe by ordinance such
rules as it may in its discretion deem necessary and proper, to grade,
pave, curb, macadamize, repair, drain or lay sewerage along or upon or
otherwise improve any or all of the streets, avenues, alleys, lanes,
sidewalks, or other public places in said city, and assess not more than
two-thirds (2/3) of the costs or expenses against abutting property,
and the owners thereof, and enforce by execution the collection
thereof against the abutting property and the owners thereof, and to
prescribe by ordinance such notices to the abutting property owners
as it may see fit and proper.
(i) Publication required. One (1) publication of such ordi-
nance for any of the work and improvements contemplated by this
section, in the newspaper designated as the official organ for the city
shall be sufficient notice to the abutting property owner or the owners
of any railroad having property or tracks abutting on such streets,
sidewalks, avenues, lanes, alleys, or other public places in the city, of
the contents and provisions of such ordinances, and of the fact that
such improvements are to be made.
(j) Service of notices. Any other notices deemed necessary
or desirable to be made on abutting property owners by the city may
be made in person or by leaving at the residence of the person to be
notified if a resident of the city, but if such person is not a resident of
the city then such notice may be served by publishing it for such time
as may be prescribed by ordinance, and such publication in the
official organ of the city shall be sufficient; provided further, that if
said abutting property is owned by a partnership or by tenants in
common, notice to any one of such owners shall be deemed sufficient,
and if such real estate is owned by a minor or other person laboring
under legal disability, notice to such minor or person laboring under
GEORGIA LAWS 1981 SESSION
4443
legal disability and such persons guardian, if any, shall be deemed
sufficient service of such notice; if such minor or person laboring
under legal disability be a nonresident or absent from the city for
more than ten (10) days, service may be made by publication as
hereinbefore provided.
(k) Issuance of negotiable certificates. In addition to
the authority hereby vested in the city council to issue executions for
such improvements as are herein provided, covering the assessments
in question, the city council shall have authority to issue paving,
curbing, macadamizing, grading, draining, or sewerage certificates,
one or all, in the name of the city, in behalf of or payable to the
contractor or other person, corporation or concern, which certificates
shall be made negotiable, shall be issued in such denominations and
payable at such time or times, either for one (1) year or more than one
(1) year, in the discretion of the city council, and shall bear such legal
rate of interest as may be fixed by the council, interest to be payable
annually or semi-annually, and principal and interest to be paid at
such place or places as may be fixed by the city council; said
certificates to be based upon the executions issued against the
abutting property and the owners thereof for such street or sidewalk
improvements aforesaid.
(l) Negotiation of certificates. The city council shall have
authority to negotiate such certificates when issued to contractors for
such improvements or parties furnishing material therefor, in settle-
ment of such paving improvement provided herein, or for labor or
material, or to negotiate them to banks, trust companies, or other
persons or parties having money to lend, and thereby obtain the
money to pay for such improvement.
(m) Payment of certificates. The city shall have the
authority to collect assessments for such improvement under such
execution as may be issued by authority of the city, and use the money
to pay for such improvement certificates thus issued, and to prescribe
the term, the rate of interest and the time and place of payment of
such executions and of such improvement certificates.
(n) Additional powers. The city, through its council, shall
have all other and necessary authority to accomplish such improve-
ments, in a manner to be provided by proper ordinances to be adopted
by the city.
4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8.9. Maintenance, drainage, repair of streets,
etc. (a) Scope of authority. The city council shall have full
power and authority to pass all laws and ordinances necessary for the
drainage and proper maintenance and care of the streets, alleys,
sidewalks and other public places of the city; to provide for the
paving, grading, macadamizing, curbing, or otherwise improving, for
travel or drainage, the same or any part thereof; or to regrade, repave,
recurb, remacadamize, or repair in any way the pavement, curbing,
grade or drainage of the same, whenever in the judgment of the
council, the same becomes necessary or advisable.
(b) Manner of payment. The city council shall have the
right and authority to provide, by ordinance, how said paving, grad-
ing, macadamizing or repairing, maintenance and care of the same
shall be paid, whether by the city or whether by the adjacent
landowners or by both, as provided in this article.
Section 8.10. Construction, paving, repair of pave-
ments by abutting owners, (a) Authority of city to
require work. The city council shall have full and complete
power and authority to direct the mode, manner and style in which all
street crossings, sidewalks, and pavements shall be constructed,
paved, or repaved, by the abutting property owners, and in case of
failure or refusal of any property owner, after ten (10) days notice to
comply with the ordinance of the city in reference to the construction,
paving or repairing of the sidewalks, pavements or street crossings,
the city council is hereby authorized and empowered to prescribe
penalties for failure to comply.
(b) City may do work. The city council may also direct city
officers or employees to carry out and execute the provisions of said
ordinance in reference to sidewalks, pavements and street crossings at
the expense of the owner so refusing or failing to comply with said
ordinance.
(c) Execution for expenses. The city council shall be
empowered to issue execution for said bill of expense against said
owner, and to levy and collect the same, as in cases of execution for
taxes.
Section 8.11. Supervision, regulation of public work.
The city council may prescribe by ordinance or resolution any and all
public work to be performed in the city and the method of doing the
GEORGIA LAWS 1981 SESSION
4445
same, and shall have charge of the performance of all such public
work.
Section 8.12. Fixing manner of executing public work
or improvement. Any public work or improvement may be exe-
cuted either by contract or by direct labor, as may be determined by
the city council. Before authorizing the execution by any city
department of any work or improvement, detailed plans and esti-
mates thereof shall be submitted to the city council by said depart-
ment, and there shall be separate accounting as to each work or
improvement so executed.
Section 8.13. Bond issues for debts and public improve-
ments. The city may issue bonds for the payment of its debts or for
public improvements, but such bonds shall be issued only in accord-
ance with and under the provisions of the laws of Georgia as found in
the Code of Georgia of 1933, as amended.
Section 8.14. Removal of weeds, debris, overhanging
limbs. The City council shall have power and authority to remove
within a reasonable time, weeds, debris and low-hanging branches
from sidewalks and to require the owner, agent or lessee owning,
occupying or controlling the abutting property to remove all such
weeds, debris and all low-hanging limbs from trees adjacent to such
sidewalks.
ARTICLE IX. CITY UTILITIES AND SERVICES
Section 9.1. Establishing, maintenance and use of
utility systems, (a) Authority. The city council shall have
power and authority to provide for water systems, sanitary sewer
systems, natural gas systems, electric systems, and other utility
systems, and for the maintenance thereof; to require property owners
to make connection from their premises to such systems; to provide
for fixing a lien against the premises of any property owner who fails
or refuses to make such connections; to charge the cost against the
owner and make it a personal liability; and to fix penalties for failure
to make such connections.
(b) Discontinuance of private facilities. The city council
shall have power and authority to require all surface wells, dry wells
or similar places to be filled in at the expense of the owner, or any
4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other such private facilities to be abandoned, and should the owner
fail or refuse to fill the same within a reasonable time as the council
may direct, the same shall be done by the city, and the expense
thereof shall be collected from the owner in the same manner as taxes
are collected.
(c) Ordinances to implement section. The city council is
hereby authorized and empowered to enact such ordinances as may
be necessary to fully accomplish the provisions of this section.
Section 9.2. Extension, etc., of utility systems, (a)
Authority of city. The city council shall have the power and
authority to establish, maintain, equip, repair, extend, enlarge, and in
any way improve any existing utility system of the city for the
purpose of supplying its inhabitants and the city and consumers
generally, with the product or service of such utility water; and the
city council shall have the power to do all things necessary for such
purpose, to contract with any persons, firms or corporations, for the
purchase of land or premises to be used in connection therewith,
whether the lands and premises over which easements are desired are
within or without the limits of the city, and if necessary for any or all
of such purposes to condemn the same as hereinafter provided.
(b) Purchases, construction. The city council, in the name
of the city, shall have full power and authority to make purchases of
plants, machinery and all articles and things that may be necessary or
advisable for the proper equipment of said plants and for the purpose
of properly repairing and maintaining the same, or for the purpose of
extending, enlarging or in any way improving said plants; to build and
erect structures, build, shape and furnish the same with machinery,
tools and equipment that may be necessary or expedient in the care
and maintenance of said plants, and generally to have the power and
authority to do any and all things necessary or expedient to the
upkeep, care, maintenance and improvement of said plants, or the
extension or enlargement thereof. The right to repair and maintain
said plants, and to purchase such articles and things for such pur-
poses, shall be exercised by the city council.
Section 9.3. New utility systems. The city council shall have
the full power and authority to establish and maintain new systems of
waterworks, electricity, sewerage, natural gas, and other utility sys-
tems, or any of them, whenever it may be necessary or advisable for
the purpose of furnishing and supplying the inhabitants of the city
GEORGIA LAWS 1981 SESSION
4447
and the city and consumers generally with water, sewerage, electric-
ity, natural gas, and other utility products or services, or any of them,
and when such power and authority is exercised, the council shall
have the same rights, powers and privileges and shall be subject to the
same duties and responsibilities for the erection, equipment, care,
maintenance, repairing and improvement thereof, and the making
and enforcement of contracts for the furnishing of services from such
systems, or any of them, to the inhabitants of the city and nonresi-
dents thereof, together with the right to acquire, own, possess and
condemn lands and premises for such purposes, whether within or
without the limits of the city, as are herein conferred upon and
granted the council respecting the present systems owned and oper-
ated by the city; provided, however, that the provisions hereof shall
be subordinate to the provisions of existing franchises for such
services.
Section 9.4. Extending water, sewerage systems;
assessment of cost. The city council shall have power to extend
the water system and the sewer system at such time as the same shall
be established, to any portion of the city within the corporate limits of
the city, provided that two-thirds (2/3) of the cost of said extension is
paid by the owners of the property to which said extension is made;
and to extend said systems, or either of them, to any place beyond the
corporate limits deemed feasible by the city council. The city council
shall have power to provide for such extension by proper ordinance,
including provisions that all cutoffs therefor be installed by the
owners of the property served.
Section 9.5. Condemnation of property for utility sys-
tems. The city council, in the name of the city, shall have full power
and authority to condemn any lands or premises, within or without
the city, for the purposes of establishing and maintaining waterwork
systems, sewerage systems, drainage systems, natural gas systems,
electrical distributing systems, other utility systems, or any of them,
for the city, or for the purpose of maintaining, extending, enlarging or
improving said systems, or any of them, and for either or all of said
purposes, as provided in Section 8.3 of this charter.
Section 9.6. Furnishing water, sewer, electric power,
gas, garbage disposal services, etc. (a) Contracts autho-
rized. The city council, in the name of the city, shall have the right
and authority to make contracts with the inhabitants of the city, and
to consumers generally, whether residents of the city or residents
4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
without the limits thereof, for the furnishing of water, electricity,
power, sewerage, natural gas, garbage disposal, and other public
facilities and services, or any of them, in the event such systems are
hereafter acquired, operated and maintained, at such rates and under
such rules and regulations as the city council may provide.
(b) Fixing rates and charges. The city council shall have
power and authority to fix all rates and charges made for any such
public service owned and operated for and by the city.
Section 9.7. Franchises for utilities and services, (a)
Authority of city. The city council shall have full power and
authority to grant franchises over its streets and other public prop-
erty to any persons, firms or corporations for the furnishing of water,
electricity, power, sewerage, natural gas, garbage disposal, and other
utilities and services, or any of them, to the city and its inhabitants
and to make such contracts with such persons, firms or corporations
for such services as the city council may deem proper.
(b) Enactment of appropriate legislation. The city
council is hereby authorized and empowered to enact all laws, ordi-
nances, rules and regulations necessary to carry out and accomplish
the purposes of this section; provided, however, that no provision of
an existing franchise shall be impaired.
Section 9.8. Sale of electrical, water, gas, etc. plant
and/or system, (a) Authority. The city council is hereby
authorized and empowered by ordinance to contract to sell and sell
upon such terms and conditions as it may determine, any water,
electrical, gas, sewer, or other plant or system, owned by the city,
including distribution lines and all equipment, apparatus and prop-
erty whatsoever, both real and personal, connected therewith and
used as a part thereof, belonging to the city, and to cease operation of
such system or systems, and to convey good and clear title thereto by
deed of the city.
(b) Election required. At such time and place as shall be
fixed by the city council there shall be an election in the city by the
duly qualified voters thereof, to authorize the selling of the system or
systems, distribution lines and equipment, apparatus and property
whatsoever belonging to the city, as the same then exists, said election
to be held and determined as provided by the city council, in which
election ballots shall be furnished setting forth the question whether
such sale shall be consummated.
GEORGIA LAWS 1981 SESSION
4449
(c) Effect of election. If a majority of the legal voters of the
city cast their votes in favor of selling said plant and its equipment,
then the city council shall be authorized to sell the same. If a majority
of legal voters of the city cast their votes against the selling of the
same, then the city council shall be without power and authority to
sell said plant and equipment.
(d) Notice of election. No election shall be held without
first advertising the same in some newspaper published in the city
once a week for four (4) weeks prior to the time of holding said
election.
(e) Place of election. Said election shall be held at the place
of holding elections in the city for mayor and councilmembers.
(f) Qualifications of voters. The qualifications of voters
shall be the same as are required of voters in elections held in the city
for mayor and councilmembers.
ARTICLE X. DIRECTORY AND TRANSITORY
PROVISIONS
Section 10.1. Succession to rights, privileges, reme-
dies, debts, liabilities. The City of Ashburn, as continued by this
charter, shall succeed to all the rights, privileges and remedies of, and
is hereby made responsible as a body corporate for all the legal debts,
liabilities and undertakings of, the present City of Ashburn and its
former governing authorities as heretofore incorporated.
Section 10.2. Preservation of ordinances and resolu-
tions. All ordinances and resolutions in force at the time of the
taking effect of this charter, not inconsistent with its provisions, shall
continue in force until amended or repealed.
Section 10.3. Preservation of existing officers, sala-
ries, fees, licenses, special taxes. Nothing in this charter shall
affect the present officers of the city or their fees or salaries, or the
licenses and special taxes or the tax rate fixed by the ordinances of
said city for the current year.
Section 10.4. Severability. If any provision of this charter
shall be held to be unconstitutional or invalid for any reason, such
4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provisions only shall be invalid, and all other parts of this charter
shall not be affected thereby but shall remain in full force and effect.
Section 10.5. Repeal of conflicting laws. All laws and
parts of laws in conflict with this charter shall be and are hereby
repealed.
Section 10.6. Legal advertisement of notice of inten-
tion to apply for local legislation. A copy of notice of intention
to apply for this local legislation and the certificate of the publisher
showing publication of such notice as required by law, are attached
hereto and made a part hereof, and it is hereby declared that all the
requirements of the constitution of the State of Georgia relating to
publication of notice of intention to apply for the passage of local
legislation have been complied with.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 1981, Session of the General Assembly of Georgia, a bill creating a
new charter for the City of Ashburn, and for other purposes.
J. I. Youngblood,
Mayor, City of Ashburn
Georgia, Turner County.
Personally appeared before me, a Notary Public within and for
above State and County, Patti P. Currington, who, on oath deposes
and says that she is the publisher of The Wiregrass Farmer and
Stockman which is the official organ of Turner County, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published therein on the following dates: January 1,8,15,1981.
/s/ Patti P. Currington
GEORGIA LAWS 1981 SESSION
4451
Sworn to and subscribed before me,
this 3rd day of February, 1981.
/s/ Hugh Wilson
Notary Public-Georgia-State at Large.
My commission expires August 2, 1981.
(Seal).
Approved April 9,1981.
ACT PROVIDING FOR VOLUNTEER LEGAL
SERVICES IN CERTAIN COUNTIES AMENDED
(550,000 OR MORE) (600,000 OR MORE).
No. 688 (House Bill No. 658).
AN ACT
To amend an Act providing, in all counties in this State having a
population of 600,000 or more according to the 1970 United States
Decennial Census or any future such census, volunteer programs to
provide legal services to low-income clients involved in civil actions,
approved March 13, 1979 (Ga. Laws 1979, p. 3131), so as to change
certain population brackets; 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, in all counties in this State having a
population of 600,000 or more according to the 1970 United States
Decennial Census or any future such census, volunteer programs to
provide legal services to low-income clients involved in civil actions,
approved March 13,1979 (Ga. Laws 1979, p. 3131), is hereby amended
by striking from Section 2 thereof the following:
4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
In all counties in this State having a population of 600,000 or
more according to the 1970 United States Decennial Census, or any
future such census,
and inserting in lieu thereof the following:
In all counties in this State having a population of 550,000 or
more according to the 1970 United States Decennial Census, or any
future such census,
so that when so amended said Section 2 shall read as follows:
Section 2. Creation of a program of volunteer legal services to
poor people. In all counties in this State having a population of
550,000 or more according to the 1970 United States Decennial
Census, or any future such census, the chief judge of the State Court
of the county shall designate a nonprofit agency to develop, operate,
and administer programs for the provision by attorneys within the
county of volunteer legal services to low-income clients involved in
civil matters within the jurisdiction of courts within the county. In
designating such agency, the judge shall consult with the presidents of
local bar associations within the county and with the directors of
agencies within the county providing legal services to low-income
clients in civil matters.
Section 2. Said Act is further amended by striking from subsec-
tion (a) of Section 4 thereof the following:
In all counties in this State having a population of 600,000 or
more according to the 1970 United States Decennial Census, or any
future such census,
and inserting in lieu thereof the following:
In all counties in this State having a population of 550,000 or
more according to the 1970 United States Decennial Census, or any
future such census,
so that when so amended said subsection (a) shall read as follows:
(a) In all counties in this State having a population of 550,000
or more according to the 1970 United States Decennial Census, or any
future such census, there shall be collected by the clerk of the State
GEORGIA LAWS 1981 SESSION
4453
Court of the county, in addition to any other fees or charges autho-
rized by law, a fee of $1 from the plaintiff or other moving party in
each civil suit, action, or proceeding for which fees are required to be
paid by such party. Such fee shall be charged only once in each case,
shall be charged at the time of filing of the first papers in the action,
and shall not apply to cases filed in a small claims division of such
court.
Section 3. Said Act is further amended by striking from subsec-
tion (b) of Section 5 thereof the following:
population of 600,000 or more according to the 1970,
and inserting in lieu thereof the following:
population of 550,000 or more according to the 1970,
so that when so amended said subsection (b) shall read as follows:
(b) The provisions of this Act shall apply in all counties in this
State which have a State Court and which have a population of
550,000 or more according to the 1970 United States Decennial
Census, or any future such census.
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 April 9,1981.
4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BROOKS COUNTYSMALL CLAIMS COURT CREATED.
No. 689 (House Bill No. 670).
AN ACT
To create and establish a Small Claims Court of Brooks County; to
provide for the appointment, duties, powers, compensation, qualifica-
tions, substitution and tenure of office of the judge of such small
claims court; to prescribe the jurisdiction, the pleading, practice and
service of process therein; to provide for a clerk and prescribe his
remuneration; to provide for the continuation of certain processes,
actions, suits, and cases; to provide for other matters relative to the
foregoing; to provide for legislative intent; to provide for severability;
to provide an effective date; to provide conditions for 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 of Brooks County. Such court shall have civil jurisdic-
tion 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 Brooks County. 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. (a) The judge of the small claims court in Brooks
County who is serving on the effective date of this Act shall serve until
GEORGIA LAWS 1981 SESSION
4455
the expiration of his current term and until his successor is appointed
and qualified under subsection (b).
(b) The Governor shall appoint a citizen of Brooks County to be
judge of any such court for a four year term beginning from the time
of his appointment.
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 Brooks County or any judge of a city court located in Brooks
County, on application of any party or the 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.
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 to 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-
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. The judge or clerk may at the request of any individual,
prepare the statement of claim and other papers required to be filed
in an action.
(b) A copy of the verified statement of claims, 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
in Brooks County by an official or person authorized by law to serve
process in circuit courts; or by registered mail with return receipt; or
by any person not a party to or otherwise interested in the suit,
especially appointed by the judge for that purpose.
4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) When notice is to be served by registered mail, the clerk shall
enclose a copy of the statement of claim, verification and notice in an
envelope addressed to the defendant, at his last known address,
prepay the postage from the filing fee hereinafter provided for, mail
the same forthwith, noting on the record the day and hour of mailing.
If such receipt is returned, the clerk shall attach the same to the
original statement of claim, and it shall be prima facie evidence of
service upon the defendant.
(d) When served by a private individual, as above provided, he
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. 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than fifteen days from the
date of the service of said notice; provided, however, that where
service is made by registered mail the date of mailing shall be the date
of service.
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. The plaintiff, when he files his claim, shall deposit
with the court the sum of five ($5.00) dollars, which shall cover all
costs of the proceeding except of service of the notice other than by
registered mail and as hereinafter provided, and the deposit of costs
in cases of attachment, garnishment or trover shall be seven dollars
and fifty cents ($7.50). 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.
GEORGIA LAWS 1981 SESSION
4457
Section 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. 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 the 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, and 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, or 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, or 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 hereof 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, and 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 superior court presiding in Brooks
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, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof.
4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. The judge or
clerk shall have the power to subpoena jurymen, and witnesses.
Section 14. Judgments of small claims courts shall become a lien
on the real estate and personal property of a defendant, situated in
any county, from the time of the filing in the office of the clerk of the
Superior Court for said county, of an execution based upon such
judgment and the entry thereof by the clerk in the general execution
docket for said county.
Section 15. Appeals may be had from judgments returned in a
small claims court, to the superior court, and the same provisions now
provided for by law for appeals from probate courts to the superior
court, shall be applicable to appeals from the small claims court to the
superior court.
Section 16. Until otherwise provided by rules of court the
statement of claims, verification, and notice shall be in the following
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.
_____________County, Georgia
Address
Georgia
Plaintiff
Address
vs.
Defendant
GEORGIA LAWS 1981 SESSION
4459
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a
statement of the plaintiffs claim, and the original to be filed with the
court, may if action is on a contract, express or implied, 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 or plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or Agent)
Sworn and subscribed before me, this day of ,
19
Notary Public.
To_____________________
Defendant
Home Address
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).
You are required to be present at the hearing in order to avoid a
judgment by default against you.
4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
(Seal).
Section 17. The judge serving at the time this Act becomes
effective shall continue to serve until the expiration of his term of
appointment and his successors shall be appointed by the then
Governor of Georgia for succeeding terms of four years each, and until
their successors are appointed and qualified.
Section 18. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act shall be furnished by the county
commissioners.
Section 19. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Brooks County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Brooks County which
is created by this Act.
Section 20. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Brooks County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore small claims court in Brooks County as
created by an Act approved April 4,1963 (Ga. Laws 1963, p. 2896), as
amended, which court shall stand abolished by action of the General
Assembly effective July 1,1981.
GEORGIA LAWS 1981 SESSION
4461
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 uncon-
stitutional 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 July 1, 1981;
provided, however, that if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in certain counties in
this State; to provide for the appointment, duties, powers, compensa-
tion, qualifications, substitution and tenure of office of the judge of
such small claims court; to prescribe the jurisdiction, the pleading,
practice and service of process therein; to provide for a clerk and
prescribe his remuneration; to repeal conflicting laws; and for other
purposes., 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 30, 1977 (Ga. Laws 1977, p. 4215), and an Act
approved March 18, 1980 (Ga. Laws 1980, p. 3194); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes. does not pass the 1981
session of the General Assembly and is not signed by the Governor or
does not become law without his signature, this Act shall be null and
void and shall stand repealed in its entirety.
Section 23. 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
1981 session of the General Assembly of Georgia a bill to create a
Small Claims Court of Brooks County; to provide for the jurisdiction
practice, procedure, and officers of the court, and for all related
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 23rd day of January, 1981.
Brooks County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Henry L. Reaves who, on oath,
deposes and says that he/she is Representative from the 147th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Quitman Free Press
which is the official organ of Brooks County, on the following dates:
January 28, February 4,11,1981.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4463
DOOLY COUNTYBOARD OF EDUCATION,
REFERENDUM.
No. 690 (House Bill No. 688).
AN ACT
To amend an Act establishing the membership of the board of
education of Dooly County, approved April 6,1967 (Ga. Laws 1967, p.
2922), so as to create new education districts for election of members
of the board; to provide for the election, terms, and qualifications of
members of the board; to provide for a referendum for approval or
rejection of this Act; to provide for all related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the membership of the board of
education of Dooly County, approved April 6,1967 (Ga. Laws 1967, p.
2922), is hereby amended by striking in its entirety Section 1 and
inserting in its place a new section to read as follows:
Section 1. The board of education of Dooly County shall be
composed of five members, one member being elected from and by
the voters of each of the five education districts described below:
Dooly County Education District No. 1
All that portion of Dooly County, Georgia, lying northerly and
easterly of a line defined as follows: Begin at the point of intersection
of the north county line of Dooly County, Georgia, and the center line
of County Road No. 320; thence proceed in a southerly direction along
the center line of County Road No. 320 to its point of intersection
with the north corporate limit of the City of Unadilla, Georgia; thence
proceed in a counterclockwise direction along the corporate limit of
the City of Unadilla to its point of intersection with the center line of
County Road No. 286; thence proceed in a southeasterly direction
along the center line of County Road No. 286 to its point of inter-
section with the center line of County Road No. 241; thence proceed
in a southeasterly direction along the center line of County Road No.
241 to its point of intersection with the center line of County Road
No. 325; thence continue in a southeasterly direction along the center
line of County Road No. 325 to its point of intersection with the
4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
center run of Cedar Creek; thence proceed in an easterly direction
along the center run of Cedar Creek to its point of intersection with
the east county line of Dooly County, Georgia.
Dooly County Education District No. 2
All that portion of Dooly County, Georgia, with perimeter
described as follows: Begin at the intersection of the center line of
County Road No. 320 and the north county line of Dooly County,
Georgia; thence proceed in a westerly direction along the north
county line of Dooly County, Georgia, to its point of intersection with
the center line of County Road No. 24; thence proceed in a southerly
direction along the center line of County Road No. 24 to its point of
intersection with the center line of County Road No. 23; thence
proceed in a southerly direction along the center line of County Road
No. 23 to its point of intersection with the center line of State Route
230; thence proceed in a westerly direction along the center line of
State Route 230 to its point of intersection with the center line of
County Road No. 133; thence proceed in a southerly direction along
the center line of County Road No. 133 to its point of intersection
with the center line of County Road No. 105; thence proceed in a
southerly direction along the center line of County Road No. 105 to its
point of intersection with the center line of County Road No. 116;
thence proceed in a westerly direction along the center line of County
Road No. 116 to its point of intersection with the center run of Little
Pennahatchee Creek; thence proceed in a southwesterly direction
along the center run of Little Pennahatchee Creek to its point of
intersection with the center line of County Road No. 104; thence
proceed in a southerly direction along the center line of County Road
No. 104 to its point of intersection with the center line of State Route
No. 90; thence proceed in a southeasterly direction along the center
line of State Route No. 90 to its point of intersection with the west
corporate limit of the City of Vienna, Georgia; thence proceed in a
clockwise direction along the corporate limit of the City of Vienna to
its point of intersection with the west line of the right-of-way of State
Route 401, also known as Interstate Highway No. 75; thence proceed
in a northerly direction along the west line of the right-of-way of State
Route 401 to its point of intersection with the center line of County
Road No. 215; thence proceed in an easterly direction along the center
line of County Road No. 215 to its point of intersection with the
center run of Wildcat Creek; thence proceed in an easterly direction
along the center run of Wildcat Creek to its point of confluence with
the center run of Bratcher Creek to form Cedar Creek; thence
GEORGIA LAWS 1981 SESSION
4465
continue in an easterly direction along the center run of Cedar Creek
to its point of intersection with the center line of County Road No.
325; thence proceed in a northwesterly direction along the center line
of County Road No. 325 to its point of intersection with the center
line of County Road No. 241; thence continue in a northwesterly
direction along the center line of County Road No. 241 to its point of
intersection with the center line of County Road No. 286; thence
continue in a northwesterly direction along the center line of County
Road No. 286 to its point of intersection with the south corporate
limit of the City of Unadilla, Georgia; thence proceed in a clockwise
direction along the corporate limit of the City of Unadilla, Georgia, to
its point of intersection with the center line of County Road No. 320;
thence proceed in a northerly direction along the center line of
County Road No. 320 to the north county line of Dooly County,
Georgia, being the point of beginning.
Dooly County Education District No. 3
All that portion of Dooly County, Georgia, lying southerly of a line
defined as follows: Begin at the intersection of the center run of
Cedar Creek and the east county line of Dooly County, Georgia;
thence proceed in a westerly direction along the center run of Cedar
Creek to a point, being the point of confluence of Wildcat Creek and
Bratcher Creek to form Cedar Creek; thence continue in a westerly
direction along the center run of Wildcat Creek to its point of
intersection with the center line of County Road No. 215; thence
proceed in a westerly direction along the center line of County Road
No. 215 to its point of intersection with the west line of the right-of-
way of State Route No. 401, also known as Interstate Highway No. 75;
thence proceed in a southerly direction along the west line of the
right-of-way of State Route 401 to a point being the southeasternmost
corner of the corporate limit of the City of Vienna, Georgia; thence
proceed in a clockwise direction along the corporate limit of said City
of Vienna, Georgia, to its point of intersection with the center line of
State Route No. 90; thence proceed in a westerly direction along the
center line of State Route No. 90 to its point of intersection with the
center line of County Road No. 104; thence proceed in a northerly
direction along the center line of County Road No. 104 to its point of
intersection with the center run of Little Pennahatchee Creek; thence
proceed in a southwesterly direction along the center run of Little
Pennahatchee Creek to its point of convergence with the center run of
Pennhahatchee Creek; thence proceed in a southwesterly direction
along the center run of Pennahatchee Creek to its point of conver-
4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
gence with the center run of Turkey Creek; thence proceed in a
southwesterly direction along the center run of Turkey Creek to its
point of convergence with the Flint River, being the west boundary
line of Dooly County, Georgia.
Dooly County Education District No. 4
All that portion of Dooly County, Georgia, lying within the present
(1981) corporate limits of the City of Vienna, Georgia.
Dooly County Education District No. 5
All that portion of Dooly County, Georgia, lying westerly of a line
defined as follows: Begin at the intersection of the center line of
County Road No. 24 with the north county line of Dooly County,
Georgia; thence proceed in a southerly direction along the center line
of County Road No. 24 to its point of intersection with the center line
of County Road No. 23; thence proceed in a southerly direction along
the center line of County Road No. 23 to its point of intersection with
the center line of State Route No. 230; thence proceed in a westerly
direction along the center line of State Route No. 230 to its point of
intersection with the center line of County Road No. 133; thence
proceed in a southerly direction along the center line of County Road
No. 133 to its point of intersection with the center line of County
Road No. 105; thence proceed in a southerly direction along the
center line of County Road No. 105 to its point of intersection with
the center line of County Road No. 116; thence proceed in a westerly
direction along the center line of County Road No. 116 to its point of
intersection with the center run of Little Pennahatchee Creek; thence
proceed in a southwesterly direction along the center run of Little
Pennahatchee Creek to its point of convergence with the center run of
Pennahatchee Creek; thence proceed in a southwesterly direction
along the center run of Pennahatchee Creek to its point of conver-
gence with the center run of Turkey Creek; thence proceed in a
southwesterly direction along the center run of Turkey Creek to its
point of convergence with the Flint River, being the west boundary
line of Dooly County, Georgia.
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. (a) Within ten days after the amending Act making
this section effective is approved by the voters at the referendum
GEORGIA LAWS 1981 SESSION
4467
provided for by Section 4 of said amending Act, the election superin-
tendent of Dooly County shall issue the call for a special election for
the purpose of electing members of the board of education of Dooly
County. The superintendent shall set the date of such election for a
day not less than 30 nor more than 35 days after the issuance of the
call. Such special election shall be conducted pursuant to Code Title
34, known as the Georgia Election Code.
(b) One member of the board shall be elected from and by the
voters of each education district at such special election; and the
members so elected shall serve for terms as follows:
(1) The members from districts 1 and 5 shall serve from the
date their election is certified until January 1,1987, and until their
successors are elected and qualified;
(2) The member from district 3 shall serve from the date his
election is certified until January 1,1983, and until his successor is
elected and qualified; and
(3) The members from districts 2 and 4 shall serve from the
date their election is certified until January 1,1985, and until their
successors are elected and qualified.
(c) The terms of the members of the board in office at the time of
the approval by the voters of the amendment making this section
effective shall expire upon the certification of the election of the
members elected at the special election provided for in this section.
Section 3. Said Act is further amended by striking in its entirety
Section 4 and inserting in its place a new section to read as follows:
Section 4. (a) A successor to each of the members elected at the
special election held pursuant to Section 2 and their successors shall
be elected from the election district of the same number at the general
election preceding the expiration of each term; and each such future
member shall serve for a term of six years beginning on January 1
following his election and until his successor is elected and qualified.
(b) Each candidate for membership on the board of education
must be a resident of the education district he seeks to represent at
the time he qualifies.
4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Election of each member shall be by the voters of the
education district represented only.
Section 4. Not less than one nor more than ten 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
Dooly County to issue the call for an election for the purpose of
submitting this Act to the electors of Dooly County for approval or
rejection. The superintendent shall set the date of such election for a
day not less than 30 nor more than 35 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 Dooly
County. The ballot shall have written or printed thereon the words:
[ ] YES - Shall the Act establishing five educa-
tion districts for Dooly County and
providing for election of one member of
[ ] NO the board of education from and by the
voters of each 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 Dooly
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 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.
GEORGIA LAWS 1981 SESSION
4469
Notice of Proposed Local Legislation.
Notice is, as provided by the Constitution of the State of
Georgia, given that there will be introduced at the present January,
1981, session of the General Assembly of Georgia, a bill to amend an
Act establishing the membership of the Board of Education of Dooly
County, approved April 6,1967, (Ga. Laws, 1967, page 2922), so as to
create new education districts for election of members of the Board;
to provide for the election, terms and qualifications of members of the
Board; to provide for a referendum for approval or rejection of this
Act; to provide for all related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
This, 26 January 1981.
Dooly County Board of
Education
By: W. Harry Hamrick,
Chairman
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 Intro-
duce Local Legislation was published in the Vienna News-Observer
which is the official organ of Dooly County, on the following dates:
January 28, February 4,11,1981.
/s/ Howard H. Rainey
Representative,
135th District
4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jem. 4, 1985.
(Seal).
Approved April 9,1981.
CITY OF WALNUT GROVENEW CHARTER.
No. 691 (House Bill No. 702).
AN ACT
To create and incorporate the City of Walnut Grove in the County
of Walton and to grant a charter to that municipality under that
corporate name and style; to prescribe and define the corporate limits
thereof; to provide a municipal government for said city; to declare
the rights, powers, privileges, and liabilities of said corporation; to
authorize said city to issue bonds and other evidences of debt for
public purposes such as school buildings and equipment for same,
sewers, electric lights, and waterworks; to declare and define the
police powers of said city; to declare and define the duties and powers
of the officers of said city; to provide for other matters of municipal
regulations and matters of concern and welfare; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
CHARTER, INCORPORATION, POWERS
Section 1.10. Incorporation. The City of Walnut Grove,
Georgia, in the County of Walton and the inhabitants thereof shall
GEORGIA LAWS 1981 SESSION
4471
continue to be a body politic and corporate under the same name and
style of the City of Walnut Grove, Georgia. Under that name, said
city shall continue to be vested with all of the property and rights of
property which now belong to the corporation; shall have perpetual
succession; may sue and be sued; may contract and be contracted
with; may acquire and hold such property, real and personal, as may
be devised, bequeathed, sold, or in any manner conveyed or dedicated
to or otherwise acquired by it and, from time to time, may hold or
invest, sell, or dispose of the same; may have a common seal and later
may renew the same at will; and may exercise in conformity with this
charter all municipal powers, functions, rights, privileges, and immu-
nities of every name and nature whatsoever.
Section 1.11. Corporate limits. The corporate limits of the City
of Walnut Grove shall encompass all the property and inhabitants of
the territory embraced within the limits of a radius of a half mile in
every direction from the center point of the intersection of Highways
81 and 138, as such intersection is located within the present corpo-
rate limits of the City of Walnut Grove or as may be changed by
operation of law.
Section 1.12. Specific powers. In conformity with and subject to
the requirements of the general laws of this state, the corporate
powers of the government of the City of Walnut Grove to be exercised
by the governing authority may include the following:
(1) To levy and to provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(2) To levy and to provide for the collection of license fees
and taxes on privileges, occupations, trades, and professions; to
license and regulate such privileges, occupations, trades, and
professions; and to provide for the manner and method of pay-
ment of such licenses and taxes;
(3) To make appropriations for the support of the govern-
ment 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;
4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) To appropriate and borrow money for the payment of
debts of the city and to issue bonds to carry out any project,
program, or venture authorized by this charter or by 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 of 1933 or under other
applicable public acts as are or may be enacted;
(8) To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric
light plants, transportation facilities, public airports, and any
other public utility; to fix the taxes, charges, rates, fees, fares,
assessments, regulations, penalties, and withdrawal of service for
refusal or failure to pay same; and to fix the manner in which such
remedies shall be enforced;
(9) To grant franchises or make contracts for public utilities
and public services not to exceed periods of 35 years; and to
prescribe the rates, fares, regulations, standards, and conditions of
service applicable to the service to be provided by the franchise
grantee or contractor insofar as not to conflict with such regula-
tions by the Public Service Commission; to grant franchises and
rights of way throughout the streets and roads and over the
bridges and viaducts for the use of public utilities;
(10) To lay out, open, extend, widen, narrow, establish, or
change the grade of, abandon, close, construct, pave, curb, gutter,
adorn with shade trees, improve, maintain, repair, clean, prevent
erosion of, and light roads, alleys, and walkways within the
corporate limits of the city;
GEORGIA LAWS 1981 SESSION
4473
(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 play-
grounds, recreational facilities, cemeteries, markets and market
houses, public building libraries, sewers, drains, sewerage treat-
ment, airports, hospitals and charitable, cultural, educational,
recreational, conservation, sport, curative, corrective, detentional,
penal, and medical institutions, agencies, and facilities; and may
make other public improvements inside or outside the corporate
limits of the city and regulate the use thereof; and, for such
purposes, property may be acquired by condemnation under
Section 36-203 of the Code of Georgia of 1933 or under 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 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;
(15) To adopt ordinances and regulations for the prevention
of loitering, disorderly conduct, and disturbing the peace in the
corporate limits of the city; to prohibit the playing of lotteries
therein; to provide for the prevention and punishment of riots and
public disturbances; to regulate public meetings and public speak-
ing in the streets of said city by preventing the obstruction of the
streets or the gathering of disorderly crowds; to prohibit or
regulate by ordinance such other conduct and activities within the
city which, while not constituting offenses against the laws of this
state, nevertheless are deemed by the governing authority to be
detrimental and offensive to the peace and good order of the city
or the welfare of the citizens thereof;
247
4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) To regulate or prohibit junk dealers and pawnshops; the
manufacture, sale, or transportation of intoxicating liquids and
liquors; the use and sale of firearms; the transportation, storage,
and use of combustible, explosive, and inflammable materials; the
use of lighting and heating equipment; and any other business or
situation which may be dangerous to persons or property;
(17) To regulate and control the conduct of peddlers, itiner-
ant trades, theatrical performances, exhibitions, and shows of any
kind whatever by taxation or otherwise;
(18) To license, tax, regulate, or prohibit professional for-
tunetelling or palmistry;
(19) To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs,
fences, buildings, and any and all other structures or obstructions
upon or adjacent to the rights of way of streets and roads and
within view thereof, within or abutting the corporate limits of the
city; and to prescribe penalties and punishment for violation of
such ordinances;
(20) To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(21) To regulate the emission of smoke or other exhaust
which pollutes the air; and to prevent the pollution of natural
streams which flow within the corporate limits of the city;
(22) To fix and establish fire limits and, from time to time, to
extend, enlarge, or restrict the same; to prescribe fire safety
regulations not inconsistent with general law relating to both fire
prevention and detection and to fire fighting; and to prescribe
penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any
building or other structure which may or might become dangerous
or detrimental to the public;
(24) To provide for the collection and disposal of garbage,
rubbish, and refuse; to regulate the collection and disposal of
garbage, rubbish, and refuse by others and to provide for the
separate collection of glass, tin, aluminum, cardboard, paper, and
GEORGIA LAWS 1981 SESSION
4475
other recyclable materials and for the sale of such items; to levy,
fix, assess, and collect a service charge, tax, or fee for such services
as may be necessary in the operation of the city from all individ-
uals, firms, and corporations residing in or doing business within
the city and benefiting from such services; to provide for the
collection of and to enforce the payment of such charges, taxes,
and fees;
(25) To levy a fee, charge, or tax as necessary to insure the
acquiring, constructing, equipping, maintaining, and extending of
a sewage disposal plant and sewerage system; to levy on the users
of sewers and the sewerage system a sewer connection fee or fees
and a sewer service charge, fee, or tax for the use of sewers; and to
provide for the manner and method of collecting such charges and
for enforcing payment of same;
(26) To levy a fee, charge, or tax as necessary to insure the
acquiring, constructing, equipping, maintaining, and extending of
a waterworks system; to levy on the users of the waterworks
system a connection fee and a service charge, fee, or tax for the use
of the waterworks system; and to provide for the manner and
method of collecting such charges and for enforcing payment of
same;
(27) To define, regulate, and prohibit any act, conduct, prac-
tice, or use of property which is detrimental or likely to be
detrimental to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city; and to provide for the
enforcement of such standards;
(28) To define a nuisance and provide for its abatement
whether on public or private property;
(29) To provide for the preservation and protection of prop-
erty and equipment of the city and the administration and use of
the same by the public and to prescribe penalties and punishment
for violations thereof;
(30) To establish minimum standards for and to regulate
building, construction, and repair, electrical wiring and equip-
ment, gas installation and equipment, plumbing and housing for
the health, sanitation, cleanliness, welfare, and safety of inhabi-
tants of the city and to provide for the enforcement of such
standards;
4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(31) To provide that persons given jail sentences in the
recorders 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;
(32) To regulate and license or prohibit the keeping or
running at large of animals and fowls; to provide for the impound-
ment of same if in violation of any ordinance or lawful order; to
provide for their disposition by sale, gift, or humane destruction
when not redeemed as provided by ordinance; and to provide
punishment for violation of ordinances enacted hereunder;
(33) To regulate the operation of motor vehicles; and to
exercise control over all traffic, including parking, upon or across
the streets, roads, alleys, and walkways of the city;
(34) To regulate and license vehicles operated for hire in the
city; to limit the number of such vehicles; to require the operators
thereof to be licensed; to require public liability insurance on such
vehicles in the amounts to be prescribed by ordinance; and to
regulate and rent parking spaces in public ways for the use of such
vehicles;
(35) To provide and maintain a system of pensions and
retirements for officers and employees of the city;
(36) To levy and to provide for the collection of special
assessments to cover the costs of any public improvements;
(37) To enter into contracts and agreements with other gov-
ernments, entities, and private persons, firms, and corporations
providing for services to be furnished and payments to be made
therefor;
(38) To create, alter, or abolish departments, boards, offices,
commissions, and agencies of the city and to confer upon such
agencies the necessary and appropriate authority for carrying out
all the powers conferred upon or delegated to same;
(39) To make, ordain, and establish such bylaws, ordinances,
rules, and regulations as shall appear necessary for the security,
welfare, convenience, and interest of the city and the inhabitants
GEORGIA LAWS 1981 SESSION
4477
thereof and for preserving the health, peace, order, and good
government of the city;
(40) To provide penalties for violations of any ordinance
adopted pursuant to the authority of this charter and the laws of
the State of Georgia;
(41) To exercise the power of arrest through duly appointed
policemen;
(42) To establish procedures for determining and proclaim-
ing 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 protec-
tion, safety, health, or well-being of the citizens of the city; and
(43) To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or
protect the safety, health, peace, security, good order, comfort,
convenience, or general welfare of the city and its inhabitants; to
exercise all implied powers necessary to carry into execution all
powers granted in this charter as fully and completely as if such
powers were fully enumerated herein; and to exercise all powers
now or in the future authorized to be exercised by other municipal
governments under other laws of the State of Georgia. No
enumeration of particular powers in this charter shall be held to be
exclusive of others nor restrictive of general words and phrases
granting powers but shall be held to be in addition to such powers
unless expressly prohibited to municipalities under the Constitu-
tion 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 specifi-
cally 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
failure to mention particular powers in this charter shall not be
4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
construed as limiting in any way the general power of the city as
stated in this charter. It is the intention hereof to grant the City of
Walnut Grove 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
GOVERNING BODY
Section 2.10. Creation. The legislative authority of the City of
Walnut Grove, except as specifically provided in this charter, shall be
vested in a city council to be composed of a mayor and four council
members. The mayor and council members shall be elected in the
manner provided by Article V of this charter.
Section 2.11. Terms and qualifications of office. The members
of the council shall serve for terms of two years and until their
respective successors are elected and qualified. No person shall be
eligible to serve as mayor or councilman unless he shall have been a
resident of the city for a period of six months immediately prior to the
date of the election of mayor or members of the council, shall continue
to reside therein during his period of service, shall be registered and
qualified to vote in municipal elections of the City of Walnut Grove,
and 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) The office of mayor or councilman shall become vacant upon the
incumbents 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:
GEORGIA LAWS 1981 SESSION
4479
(1) Lacks at any time during his term of office any qualifica-
tions 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
council members shall receive compensation for their services in an
amount set by ordinance. The mayor and council members shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties.
Section 2.14. Prohibitions, (a) (1) 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.
(2) The prohibition contained in paragraph (1) shall not
apply to any person holding office on the effective date of this Act;
and such prohibition may be waived by resolution adopted by
three members of the council.
(b) Neither the mayor nor any council member shall vote upon
any question in which he is personally interested.
Section 2.15. Inquiries and investigations. The council may
make inquiries and investigations into the affairs of the city and the
conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the council, (a)
Except as otherwise provided by law or by this charter, the council
4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be vested with all the powers of government of the City of
Walnut Grove 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 execu-
tion of such ordinances, resolutions, rules, and regulations, not incon-
sistent 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 Walnut Grove and may enforce such
ordinances by imposing penalties for violation thereof.
(c) The council may by ordinance charge, create, alter, abolish,
or consolidate offices, agencies, and departments of the city and may
assign additional functions to any of the offices, agencies, and depart-
ments expressly provided for by this charter.
Section 2.17. Regular and special meetings, (a) The council
shall hold regular meetings at such times and places as prescribed by
ordinance. The council may recess any regular meeting and continue
such meetings on any weekday or hour it may fix and may transact
any business at such continued meeting as may be transacted at any
regular meeting.
(b) Special meetings of the council may be held on call of the
mayor or three members of the council. Notice of such special
meetings shall be served on all other members personally, or shall be
telephoned personally, or shall be left at their residences at least 24
hours in advance of the meeting. Such notice shall not be required if
the mayor and all councilmen are present when the special meeting is
called. Notice of any special meeting may be waived in writing before
or after such meetings, and attendance at the meeting shall also
constitute a waiver of notice of any special meeting. Only the business
stated in the call may be transacted at the special meeting, except by
unanimous consent of all members present. With such consent any
business which may be transacted in a regular meeting may be
conducted at the special meeting.
(c) All meetings of the council shall be public.
Section 2.18. Rules of procedure. The council shall adopt its
rules of procedure and order of business consistent with the provi-
GEORGIA LAWS 1981 SESSION
4481
sions of this charter and shall provide for the keeping of a journal of
its proceedings, which journal shall be a public record.
Section 2.19. Quorum; voting. The mayor or mayor pro
tempore and two council members shall constitute a quorum for the
transaction of any business before the body; and a majority of the
votes cast shall determine questions before them.
Section 2.20. 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 unrelated to its
title. The enacting clause shall be The mayor and council of the City
of Walnut Grove hereby ordain... 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, (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 intro-
duced 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
Walnut Grove 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.
Section 2.22. Emergency ordinances. To meet a public emer-
gency 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 borrow-
4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing 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 the emergency in
clear and specific terms. An emergency ordinance may be adopted
with or without amendment or rejected at the meeting at which it is
introduced but the affirmative vote of at least three council members
shall be required for adoption. It shall become effective upon adop-
tion 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 reenact-
ment 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 govern-
ing 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 Walnut Grove, Georgia, 1981, as amended. All ordi-
nances contained therein shall be deemed to have been duly passed by
the mayor and council and duly signed, authenticated, and recorded
by the city clerk.
Section 2.25. Organization meeting, (a) The council shall meet
for organization on the first meeting day of the month following the
city elections. The oath of office shall be administered to the newly
elected members by the mayor, or mayor pro tempore, or anyone
authorized to administer oaths, as follows:
I do solemnly swear that I will well and truly perform the
duties of mayor (or council member, as the case may be) of the
City of Walnut Grove 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.
GEORGIA LAWS 1981 SESSION
4483
(b) The council shall have the right to elect one of its members to
serve as mayor pro tempore for a one-year term of office.
Section 2.26. 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 or receipt of an ordi-
nance, shall return it to the clerk with or without his approval or with
his disapproval. If the ordinance has been approved by the mayor, it
shall become law upon its return to the clerk; if the ordinance is
neither approved nor disapproved, it shall become law at 12:00 Noon
on the tenth calendar day after its adoption; if the ordinance is
disapproved, the mayor shall submit to the 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 council over the mayors veto as provided herein.
Section 2.27. Signing, authenticating, recording, and printing,
(a) The clerk shall authenticate by his signature and record in full in a
properly indexed book kept for the purpose all ordinances adopted by
the council. Every ordinance shall be signed by the mayor as a matter
of course after adoption.
(b) The council shall cause each ordinance and each amendment
in this charter to be printed promptly following its adoption. Follow-
ing publication of the first Code of the City of Walnut Grove 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
4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
additions to codes of technical regulations and other rules and
regulations included in the code.
Section 2.28. Chief executive officer. The mayor shall be the
chief executive officer of the City of Walnut Grove. 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 2.29. Terms; qualifications. The mayor shall be elected
for a term of two years and until his successor is elected and qualified.
He shall be a qualified elector of the City of Walnut Grove, shall meet
the qualifications required of members of the State House of Repre-
sentatives by the Georgia Constitution, and shall have been a resident
of the City of Walnut Grove for a period of six months immediately
preceding his election. He shall continue to reside in the City of
Walnut Grove during the period of his service.
Section 2.30. Duties of mayor. As the chief executive officer of
the City of Walnut Grove, 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 administra-
tive work of the city and provide for the coordination of adminis-
trative 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;
GEORGIA LAWS 1981 SESSION
4485
(8) Call special meetings of the council as provided in
Section 2.17 of this charter;
(9) Examine and audit all accounts of the city before pay-
ment;
(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 employees or officers capabil-
ity 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; and
(14) Perform other duties as may be required by law, this
charter, or ordinance.
Section 2.31. Mayor pro tempore. During the absence or
disability of the mayor for any cause, the mayor pro tempore or, in his
absence or disability for any cause, one of the council members chosen
by the council shall be clothed with all the rights and privileges of the
mayor and shall perform the duties of the office of mayor so long as
such absence or disability shall continue.
ARTICLE III
ADMINISTRATION
Section 3.10. Administrative and service departments, (a) The
council by ordinance may establish, abolish, merge, or consolidate
offices, positions of employment, departments, and agencies of the
city as it shall deem necessary for the proper administration of the
affairs and government of the city. The council shall prescribe the
functions and duties of existing departments, offices, and agencies or
of any departments, offices, and agencies hereinafter created or
established. The council may provide that the same person shall fill
any number of offices and positions of employment and may transfer
or change the functions or duties of offices, positions of employment,
departments, and agencies of the city.
4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 depart-
ment 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 depart-
ments and other appointed officers of the city shall be appointed
solely on the basis of their respective administrative and professional
qualifications.
(e) All appointive officers and directors of departments shall
receive such compensation as prescribed by ordinance.
Section 3.11. Boards, commissions, and authorities, (a) The
city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legisla-
tive function as the city council deems necessary and shall by ordi-
nance establish the composition, period of existence, duties, and
powers thereof.
(b) All members of boards, commissions, and authorities shall be
appointed by the council for such terms of office and such manner of
appointment as provided by ordinance except where other appointing
authority, terms of office, or manner of appointment is prescribed by
this charter or by applicable state law.
(c) Any vacancy in office of any member of a board, commission,
or authority of the city shall be filled for the unexpired term in the
manner prescribed herein for original appointment except as other-
wise provided by this charter or any applicable state law.
(d) No member of any board, commission, or authority shall
assume office until he shall have executed and filed with the city clerk
an oath obligating himself to perform faithfully and impartially the
duties of his office, such oath to be prescribed by ordinance and
administered by the mayor.
GEORGIA LAWS 1981 SESSION
4487
(e) Any member of a board, commission, or authority may be
removed from office for cause by a vote of the mayor, mayor pro
tempore, and two members of the council.
(f) Members of boards, commissions, or authorities may receive
such compensation and expenses in the performance of their official
duties as prescribed by ordinance.
(g) The qualifications required of members of boards, commis-
sions, or authorities shall be prescribed by the council.
(h) Except as otherwise provided by this charter or by applicable
state law, each board, commission, or authority of the city govern-
ment shall elect one of its members as chairman and one of its
members as vice chairman for terms of one year. Each board,
commission, or authority may elect one of its members as secretary or
may appoint an employee of the city as secretary. Each board,
commission, or authority of the city government may establish such
bylaws, rules, and regulations, not inconsistent with this charter,
ordinances of the city, or applicable state law, as it deems appropriate
and necessary for the conduct of its affairs, copies of which shall be
filed with the city clerk.
Section 3.12. City manager. The council may appoint a city
manager. The duties and authority of the city manager shall be
established by ordinance and, in so doing, the council may specifically
delegate to the city manager any of the administrative or budgetary
duties of the mayor.
Section 3.13. City attorney. The council shall appoint a city
attorney together with such assistant city attorneys as may be autho-
rized 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
recorders 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 citys affairs; and shall
perform such other duties as may be required of him by virtue of his
position as city attorney.
Section 3.14. City clerk. The council may appoint a city clerk to
keep a journal of the proceedings of the city council, to maintain in a
4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
safe place all records and documents pertaining to the affairs of the
city, and to perform such other duties as may be required by law or as
the council may direct.
Section 3.15. City tax collector. The council may appoint a city
tax collector to collect all taxes, licenses, fees, and other money
belonging to the city, subject to the provisions of this charter and the
ordinances of the city. The city tax collector shall diligently comply
with and enforce all general laws of Georgia relating to the collection,
sale, or foreclosure of taxes by municipalities.
Section 3.16. City accountant. The council may appoint a city
accountant to perform the duties of an accountant.
Section 3.17. Consolidation of functions. The council may
consolidate any two or more of the positions of city clerk, city tax
collector, and city accountant, or any other positions, or may assign
the functions of any one or more of such positions to the holder or
holders of any other positions.
Section 3.18. Position classification and pay plans. The mayor
may be responsible for the preparation of position classification and
pay plans which shall be submitted to the council for approval. Said
plans may apply to all employees of the City of Walnut Grove and of
any of its agencies and offices. When a pay plan has been adopted,
the council shall not increase or decrease the salaries of individual
employees except by amendment of said pay plan.
Section 3.19. Personnel policies. The council shall adopt rules
and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary
periods of employment;
(2) The administration of the position classification and
pay plans, methods of promotion, and application of service
ratings thereto, and transfer of employees within the classification
plan;
(3) Hours of work, vacation, sick leave and other leaves of
absence, overtime pay, and the order and manner in which layoff
shall be effected; and
GEORGIA LAWS 1981 SESSION
4489
(4) Such other personnel policies as may be necessary to
provide for adequate and systematic handling of the personal
affairs of the City of Walnut Grove.
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Municipal court; creation. There is hereby
established a court to be known as the Municipal Court of the City of
Walnut Grove 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 mate-
rial in any proceeding before said court to go or move beyond the
reach of the process of the court; and to try all offenses within the
territorial limits of the city constituting traffic cases which, under the
laws of Georgia, are placed within the jurisdiction of municipal or
police courts to the extent of and in accordance with the provisions of
such laws and all laws subsequently enacted amendatory thereof.
Said court shall be presided over by the judge of said court, said judge
to be the recorder of the City of Walnut Grove, and he shall be
appointed by the mayor and council for a yearly term; and said
election by the mayor and council shall be by at least the mayor or the
mayor pro tempore, if presiding, and two council members. In the
absence or disqualification of the judge, the judge pro tempore shall
preside and shall exercise the same powers and duties as the judge
when so acting.
Section 4.11. Judge, (a) No person shall be qualified or eligible
to serve as judge unless he shall have attained the age of 21 years.
Such person shall serve at the discretion of the council and his
compensation shall be fixed by the council.
(b) The judge pro tempore shall serve in the absence of the
judge, shall be appointed by the council, and shall take the same oath
as the judge.
(c) Before entering on the duties of his office, the judge shall
take an oath before an officer duly authorized to administer oaths in
this state that he will truly, honestly, and faithfully discharge the
4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duties of his office to the best of his ability without fear, favor, or
partiality. The oath shall be entered upon the minutes of the council.
Section 4.12. Convening. Said court shall be convened at such
times as designated by ordinance or at such times as deemed neces-
sary to keep current the dockets thereof.
Section 4.13. Jurisdiction; powers, (a) The municipal court
shall try and punish for crimes against the City of Walnut Grove and
for violation of its ordinances. The municipal court shall have
authority to punish those in its presence for contempt, provided that
such punishment shall not exceed $25.00 or ten days in jail. The
municipal court may fix punishment for offenses within its jurisdic-
tion not exceeding a fine of $1,000.00 or imprisonment for 90 days, or
both, and, as an alternative to fine or imprisonment, to sentence any
offender upon conviction to labor in a city workgang or on the streets,
sidewalks, squares, or other public works for a period not exceeding
90 days.
(b) The municipal court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
reimbursement of the cost of meals, transportation, and caretaking of
prisoners bound over to superior courts for violation of state law.
(c) The municipal court shall have authority to establish bail
and recognizances to 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 thereof by serving the defendant and his
sureties with a rule nisi, at least two days before a hearing on the rule
nisi. In the event that cash or property is accepted in lieu of bond for
security for the appearance of a defendant at trial and if such
defendant fails to appear at the time and place fixed for trial, the cash
so deposited shall be on order of the judge declared forfeited to the
City of Walnut Grove or the property so deposited shall have a lien
against it for the vaule forfeited, which lien shall be enforceable in the
same manner and to the same extent as a lien for city property taxes.
(d) The municipal court shall have the authority to bind prison-
ers over to the appropriate court when it appears by probable cause
that a state law has been violated.
GEORGIA LAWS 1981 SESSION
4491
(e) The municipal court shall have the authority to administer
oaths and to perform all other acts necessary or proper to the conduct
of said court.
(f) The municipal court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summons, subpoena, and warrants which may be served as executed
by any officer as authorized by this charter or by state law.
(g) The municipal court is specifically vested with all of the
jurisdiction and powers throughout the entire area of the City of
Walnut Grove granted by state laws generally to mayors, recorders,
and police courts and particularly by such laws as authorize the
abatement of nuisances.
Section 4.14. Appeal. The right of appeal and any bond as may
be required to secure the costs on appeal to the Superior Court of
Walton County from the mayors court shall be in the same manner
and under the same procedure as generally prescribed for appeals and
appeal bonds from the probate court; provided, however, that any
person who fails to file his appeal within ten days of the date of his
conviction shall be deemed to have waived any such right. An appeal
to the superior court shall be a de novo proceeding.
Section 4.15. Rules for court. With the approval of 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; and, upon request, a copy
shall be furnished to all defendants in municipal court proceedings at
least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS
Section 5.10. Regular elections; time for holding, (a) General
elections for said city shall be held on the first Thursday in December
of each year with the mayor and two council members who come up
for office in the even-numbered years to be elected in the odd-
4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
numbered years and the two council members who come up for office
in the odd-numbered years to be elected in the even-numbered years.
(b) The city council shall have the power and authority to call a
special election for the purpose of filling any vacancy caused for any
reason in any office for which the holder thereof is elected by the
voters of said city. Said special election should be held as soon as
practicable and, not less than 30 days from the date of the vacancy,
notice of the time of the special election shall be published once in a
local newspaper; and said special electon shall be held under the same
rules and regulations as general elections.
Section 5.11. Qualifying; voting procedures. The council may,
by ordinance, prescribe rules and regulations governing qualifying
fees, nomination of candidates, absentee ballots, write-in votes, chal-
lenge of votes, and such other rules and regulations as may be
necessary for the conduct of the election in the City of Walnut Grove.
Section 5.12. Applicability of general laws. The procedures and
requirements for election of all elected officials for the City of Walnut
Grove as to primary, special, or general elections shall be in conform-
ity with the provisions of the Georgia Municipal Election Code,
approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter
amended.
Section 5.13. Special elections; vacancies. In the event that the
office of mayor or council member shall become vacant for any cause
whatsoever, the council or those remaining shall order a special
election to fill the balance of the unexpired term of such office;
provided, however, that, if such vacancy occurs within six months of
the expiration of the term of office, said vacancy in office shall be
filled by appointment by the remaining members of the council. Both
special elections and qualifications of candidates therefor shall con-
form 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 5.14. Election of mayor and council. The candidate for
mayor receiving the greatest number of the votes cast shall be deemed
elected as the mayor of the City of Walnut Grove. The two council
members elected each year shall be elected by a plurality and the two
candidates running who receive the largest number of votes cast in
the election shall be deemed elected as the council members to hold
office for the City of Walnut Grove.
GEORGIA LAWS 1981 SESSION
4493
Section 5.15. Grounds for removal of elected officers. The
mayor or any council member shall be subject to removal from office
for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this char-
ter;
(5) Abandonment of office or neglect to perform the duties
thereof; or
(6) Failure for any other cause to perform the duties of
office as required by this charter or by law.
Section 5.16. Procedure for removal. Removal of an elected
officer from office may be accomplished by either of the following
methods:
(1) By action of unanimous vote of the entire membership
of the council; provided, however, that, if the person sought to be
removed is a member of the council, then he shall not vote. In such
case, the officer shall be entitled to a written notice specifying the
ground for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. Any
elected officer sought to be removed from office as herein provided
shall have the right of appeal from the decision of the council to
the Superior Court of Walton 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 with the Superior Court of Walton
County as provided by law.
4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VI
FINANCE
Section 6.10. Property taxes. All property subject to taxation
for state or county purposes, assessed as of January 1 in each year,
shall be subject to the property tax levied by the City of Walnut
Grove. The council shall use the county assessment for the year in
which the city taxes are to be levied and shall request the county to
furnish appropriate information for such purpose.
Section 6.11. Tax levy. The council shall be authorized to levy
an ad valorem tax on all real and personal property within the
corporate limits of the city for the purpose of raising revenue to
defray the costs of operating the city government, providing govern-
mental services, and for any other public purpose as determined by
the council. The council is authorized to provide for sufficient levy to
pay principal and interest on general obligations.
Section 6.12. Tax due dates and tax bills. The council shall
provide by ordinance when the taxes of the city shall fall due, when
such taxes shall be paid, whether they may be paid in installments or
in one lump sum, and when, how, and upon what terms such taxes
shall be due and payable. The council may also authorize the volun-
tary payment of taxes prior to the time when due.
Section 6.13. Licenses, occupational taxes, and excise taxes.
The council shall have full power to levy by ordinance such license or
specific or occupation taxes upon the residents of Walnut Grove, both
individual and corporate, and on all those who transact or offer to
transact business therein, or who practice or offer to practice any
profession or calling therein, as the council may deem expedient for
the public health, safety, benefit, convenience, or advantage of the
city; to classify business, occupations, professions, or callings for the
purpose of such taxation in any lawful way; to compel the payment of
such licenses by execution or any other lawful manner; to make laws
and regulations necessary or proper to carry out the powers herein
conferred; and to prescribe penalties for the violation thereof. The
council shall have full power and authority to levy an excise tax not
prohibited by general law.
Section 6.14. Sewer service charge. The council may provide by
ordinance for the assessment and collection of fees, charges, and tolls
for sewer services rendered both within and without the corporate
GEORGIA LAWS 1981 SESSION
4495
limits of the city, said fees to provide for the cost and expense of
collecting and disposing of sewerage through the sewerage facilities of
the city. If unpaid, said sewer service charge shall constitute a lien
against any property served, which lien shall be second in priority
only to liens for county and city property taxes and enforceable in the
same manner and under the same procedures as a lien for city
property taxes.
Section 6.15. Sanitary and health services charge. The council
shall have the authority to levy and collect by ordinance the cost of
sanitary and health services necessary in the operation of the city
from all individuals, firms, and corporations residing in or doing
business in the city and benefiting from such service. Such authority
shall include the power to assess, levy, and collect annual or monthly
sanitary taxes or fees in such amount or amounts and based upon and
in accordance with such classification of property and sanitary service
or services provided, as may be fixed by ordinance. Said sanitary
taxes and the assessment thereof shall be a charge and lien against the
real estate in respect to which said taxes are so assessed and the owner
or owners thereof, superior to all other liens except liens for county
and city property taxes. Said lien shall be enforceable in the same
manner and under the same remedies as a lien for city taxes.
Section 6.16. Special assessments. The council shall have power
and authority to assess all or part of the cost of constructing,
reconstructing, widening, or improving any public way, street, side-
walk, curbing, gutters, sewers, or other utility mains and appurte-
nances under such terms and conditions as may be prescribed by
ordinance. Such special assessments shall become delinquent 30 days
after their due dates. They shall thereupon be subject, in addition to
fi. fa. charges, to a penalty of 10 percent and shall thereafter be
subject to interest at the rate of 7 percent per annum from date due
until paid. A lien shall exist against the abutting property superior to
all other liens except that it shall be of equal dignity with liens for
county and city property taxes. Said lien shall be enforceable in the
same manner and under the same remedies as a lien for city property
taxes.
Section 6.17. Collection of delinquent taxes. The council may
provide by ordinance for the collection of delinquent taxes by fi. fa.
issued by the city clerk 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
4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
available legal processes and remedies. A lien shall exist against all
property upon which city property taxes are levied, as of the assess-
ment 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 discretion-
ary authority to waive any and all penalties imposed by this charter
on delinquent taxes, fees, assessments, or on other amounts due to the
city.
Section 6.18. Transfer of executions. The city clerk shall be
authorized to assign or transfer any fi. fa. or execution issued for any
tax or for any street, sewer, or other assessment in the same manner
and to the same extent as provided by Georgia law governing sales
and transfers of tax fi. fas. Such transfer or assignment, when made,
shall vest the purchaser or transferee with all right, title, and interest
as provided by Georgia law governing sales and transfers of tax
fi. fas.; provided, however, that, upon levy of execution and sale of
property pursuant to such tax fi. fa., whether assigned, transferred,
or executed by the city, the owner of such property in fee simple or
lesser interest shall not lose his right to redeem the property in
accordance 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.
Section 6.19. Construction; other taxes. This city shall be
empowered to levy any other tax allowed now or hereafter by state law
and the specific mention of any right, power, or authority in this
article shall not be construed as limiting in any way the general
powers of this city to govern its local affairs.
Section 6.20. General obligation bonds. The council shall have
the power to issue bonds to raise revenue for any project, program, or
venture authorized under this charter or the general laws of this state.
Such bonding authority shall be exercised in accordance with the laws
governing bond issuances by municipalities in effect at the time said
issue is undertaken.
Section 6.21. Revenue bonds. Revenue bonds may be issued by
the council as provided by an Act of the General Assembly known as
the Revenue Bond Law, approved March 31,1937 (Ga. Laws 1937, p.
761), as now or hereafter amended, or by any other Georgia law as now
or hereafter provided.
GEORGIA LAWS 1981 SESSION
4497
Section 6.22. Short-term notes. Pursuant to applicable state
law, the city may obtain temporary loans between January 1 and
December 31 of each year.
Section 6.23. Fiscal year. The council shall set the fiscal year by
ordinance. Said fiscal year shall constitute the budget year and the
year for financial accounting for every office, department, institution,
agency, and activity of the city government unless otherwise provided
by state or federal law.
Section 6.24. Preparation of budgets. The council may provide
by ordinance the procedures and requirements for the preparation
and execution of an annual operating budget, a capital improvements
program, and a capital budget, including requirements as to scope,
content, and form of any such budgets and programs.
Section 6.25. Additional appropriations. The council may make
appropriations in addition to those contained in the current operating
budget at any regular meeting or at any special meeting called for
such purpose; provided, however, that any such additional appropria-
tions may be made only from an existing unappropriated surplus in
the fund to which it applies.
Section 6.26. Capital improvements budget, (a) On or before
the date fixed by the city council but not later than 30 days prior to
the beginning of each fiscal year, the mayor shall submit to the
council a proposed capital improvements budget with his recommen-
dations 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 improve-
ments budget except to meet a public emergency threatening the
lives, health, or property of the inhabitants and when passed by a
two-thirds vote of the membership of the council.
(b) The council shall adopt the final capital improvements
budget for the ensuing fiscal year not later than the first Monday in
July of each year. No appropriation provided for in the capital
improvements budget shall elapse until the purpose for which the
appropriation was made shall have been accomplished or abandoned;
provided, however, the mayor may submit amendments to the capital
improvements budget at any time during the fiscal year, accompanied
4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by his recommendations thereon. Any such amendments to the
capital improvements budget shall become effective only upon adop-
tion by a vote of the council.
Section 6.27. Contracting procedures. All contracts shall be
made or authorized by the council and no contracts shall bind the city
unless reduced to writing and approved by the council.
Section 6.28. Centralized purchasing, (a) The council may by
ordinance prescribe procedures for a system of centralized purchasing
for the City of Walnut Grove.
(b) The council may sell and convey any real or personal prop-
erty owned or held by the City of Walnut Grove for governmental or
other purposes at a public or private sale, with or without advertise-
ment, for such consideration as the council 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 VII
GENERAL PROVISIONS
Section 7.10. Eminent domain. The council is hereby empow-
ered to acquire, construct, operate, and maintain public ways, parks,
GEORGIA LAWS 1981 SESSION
4499
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 medi-
cal 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 under 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 citys streets and alleys for the
purposes of railroads, street railways, telephone companies, electric
companies, cable television, gas companies, transportation compa-
nies, 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. The council may provide by
ordinance for the registration within a reasonable time of all fran-
chises.
Section 7.12. Official bonds. The officers and employees, both
elected and appointed, of the City of Walnut Grove shall execute such
official bonds in such amounts and upon such terms and conditions as
the council may from time to time require.
Section 7.13. Existing ordinances and regulations. Existing
ordinances and resolutions of the City of Walnut Grove not inconsis-
tent 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 Walnut Grove not inconsistent with the provisions of this charter
shall continue in effect until they have been repealed, modified, or
amended.
Section 7.14. Pending matters. Except as specifically provided
otherwise by this charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings initiated under the former
charter of the City of Walnut Grove shall continue; and any such on-
4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
going work or cases shall be dealt with by such city, agencies,
personnel, or office as may be provided by the city council.
Section 7.15. Construction, (a) Section captions in this charter
are informative only and are not to be considered as a part thereof.
(b) The word shall is intended to be mandatory and the word
may is not.
(c) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 7.16. Penalties. The violation of any provisions of this
charter for which penalty is not specifically provided herein shall be
punishable by a fine of not more than $1,000.00, or by imprisonment
not to exceed three months, or by both such fine and imprisonment.
Section 7.17. 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 respec-
tive term of office.
Section 7.18. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly hereby declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would
be declared or adjudged invalid or unconstitutional.
Section 7.19. Effective date. This Act shall become effective
upon its approval by the Governor or upon its becoming law without
his approval.
Section 7.20. Repealer. All laws and parts of laws in conflict
with this Act are hereby repealed.
GEORGIA LAWS 1981 SESSION
4501
Notice to Introduce Local Legislation.
State of Georgia
County of Walton
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to create a new
charter for the Town of Walnut Grove and for other purposes.
This 23rd day of December, 1980.
Neal Jackson
Representative-Elect
from Walton County District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Neal Jackson who, on oath, deposes
and says that he/she is Representative from the 75th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walton Tribune which is the official
organ of Walton County, on the following dates: January 1, 8, 15,
1981.
/s/ Neal Jackson
Representative,
75th District
4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
CITY OF CLARKESVILLENEW CHARTER.
No. 692 (House Bill No. 703).
AN ACT
To create a new charter for the City of Clarkesville in the County
of Habersham; to provide for incorporation; to provide for corporate
boundaries; to provide for specific and general powers and the
construction and exercise thereof; to provide for a governing body, its
form and members, their terms, qualifications, compensation and
expenses; to provide for vacancy, forfeiture, filling of vacancy, prohi-
bitions, inquiries and investigations; to provide for general power and
authority of the city council; to provide for the duties of mayor; to
provide for organizational meetings, regular and special meetings,
rules of procedure, quorum, voting, enactment of ordinances, codes of
technical regulation, and authentication, recording and codification
of ordinances; to provide for mayor pro tempore; to provide for the
executive branch, its administrative and service departments and
boards, commissions and authorities; to provide for a city manager; to
provide for personnel administration; to provide for the judicial
branch including the municipal court, its convening, jurisdiction and
powers; to provide for a judge; to provide for appeal; to provide for
general and special elections; to provide for the applicability of
general laws; to provide for vacancies, and for grounds and procedure
for removal; to provide for financial and fiscal matters including
GEORGIA LAWS 1981 SESSION
4503
property taxes, tax levy, tax due date and tax bills, collection and
delinquent taxes, license fees, occupational and excise taxes, sewer
service charges, sanitary and health service charges, special assess-
ment and transfer of executions; to provide for fiscal year and
preparation and adoption of operating budget; to provide for bonds;
to provide for existing ordinances and regulations; to provide for
section captions; to provide for penalties; to provide for specific
repeal; 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:
ARTICLE I
INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the whole
charter of the City of Clarkesville, in the County of Habersham,
repealing and replacing the charter provided by an Act of the General
Assembly, approved February 13,1956 (Ga. Laws 1956, p. 2298) and
all Acts amendatory thereto. The City of Clarkesville, Georgia, in the
County of Habersham and the inhabitants thereof shall continue to
be a body politic and corporate under the same name and style of the
City of Clarkesville, 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 alter and
renew the same at will; and may exercise in conformity with this
Charter all municipal powers, functions, rights, privileges, and immu-
nities of every name and nature whatsoever.
Section 1.11. Corporate Boundaries. The corporate limits of
the City of Clarkesville shall embrace and consist of the territory
confined within the following described boundary; Commencing at
the southeast end of Soque River bridge next to said city; thence up
said river to a point opposite the original northwest corner, between
lots two and twenty-three to where the river intersects the original
land lot line between lots one and twenty-four, in the 12th land
district of said county; thence to said corner between lots two and
4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
twenty-three and along the line between said lots Nos. two and
twenty-three and three and twenty-two in said district and continu-
ing in the same direction along the original land lot line between land
lots two and twenty-three, three and twenty-two and four and
twenty-one of said district until it intersects the southeast side of the
right-of-way of the Talullah Falls Railway; thence along the southeast
side of said right-of-way until the southeast side of said right-of-way
intersects the original land lot line between lots forty and forty-one,
in the 10th land district of said county; thence north 30 west along
said original lot line by the northwest corner thereof and continuing
in the same direction along the original land lots lines twenty-one,
and eighteen and nineteen in the 10th district of said county until the
point is reached where the original land lot line between lots eighteen
and nineteen in the 10th district as aforesaid intersects the eastern
Soque River; thence up said river along the eastern bank thereof to
the Southerly side of the right-of-way of Georgia Highway No. 115;
thence along said right-of-way in a Northwesterly direction to the
center of said river; thence North 82 41 West 623.4 feet along said
right-of-way to concrete monument corner; thence South 0 21 East
199.9 feet to a concrete monument corner; thence South 37 18 East
323 feet to a concrete monument; thence continuing South 37 18
East 56.1 feet to corner in the center of Soque River; thence North 39
56 East 190.4 feet up Soque River; thence North 67 15 East 151.3
feet up Soque River; thence North 30 East 251.2 feet up Soque River
to the right-of-way of Georgia Highway No. 115; thence in a South-
easterly direction along said right-of-way to the Easterly bank of said
river; thence up the Easterly bank of said river to the place of
Beginning.
Section 1.12. Specific Powers. The corporate powers of the
government of the City of Clarkesville to be exercised by the govern-
ing authority shall include the following:
(1) to levy and to provide for the assessment, 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 pay-
ment of such licenses and taxes; and to revoke such licenses;
GEORGIA LAWS 1981 SESSION
4505
(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 govern-
ment 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 corporate limits of the city;
(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
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;
to prescribe the rates, fares, regulations and standards and condi-
tions 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;
248
4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 streets, roads, alleys,
and walkways within the corporate limits of the city; including the
specific authority to close and abandon that portion of Hoyt Circle
which begins at the easterly line of Lot No. 11 of the Cora
Brightwell Subdivision and extends westerly and southwesterly to
the southwesterly line of Lot No. 13 of the Cora Brightwell
Subdivision;
(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 play-
grounds, recreational facilities, cemeteries, markets and market
houses, public buildings, libraries, sewers, drains, sewerage treat-
ment, 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 36-202
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 drunk-
enness, riots, and public disturbances;
GEORGIA LAWS 1981 SESSION
4507
(17) to regulate or prohibit junk dealers, pawn shops, the
manufacturer, sale, transportation or distribution of intoxicating
liquors, wines and beer and the use and sale of firearms; and to
regulate the transportation, storage and use of combustible, explo-
sive 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 and 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-
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 city and to
prescribe penalties and punishment for violation of such ordi-
nances;
(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 city;
(23) to fix and establish fire limits and from time to time to
extend, enlarge or restrict same; to prescribe fire safety regula-
tions not inconsistent with general law, relating to both fire
prevention and detection and to firefighting, and to prescribe
penalti 3S and punishment for violation thereof;
(24) to provide for the destruction and removal of any build-
ing or other structure which may 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
4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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;
(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 or plants and sewerage
systems, and to levy on the users of sewers and sewerage systems 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;
(28) 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 sewerage system;
(29) to define, regulate and prohibit any act, practice, con-
duct 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;
(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 prop-
erty and equipment of the city 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,
GEORGIA LAWS 1981 SESSION
4509
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;
(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 of the city; 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 disturb-
ing the peace in the corporate limits of the city and to prohibit the
playing of lotteries therein, and to prohibit or regulate by ordi-
nance such other conduct and activities within the city which,
while not constituting an offense against the laws of this State, is
deemed by the governing authority to be detrimental and offense
to the peace and good order of the city or to the welfare of the
citizens thereof;
(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 here-
under;
(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 city;
(37) 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;
(38) to provide and maintain a system of pensions and retire-
ment for officers and employees of the city;
4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(39) to levy and provide for the collection of special assess-
ments to cover the costs for any public improvements;
(40) to enter into contracts and agreements with other gov-
ernmental entities and with private persons, firms, and corpora-
tions 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 city, 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 city and the inhabitants
thereof, and for preserving the health, peace, order and good
government of the city;
(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;
(44) to exercise the power of arrest through duly appointed
policemen and to organize and operate a firefighting agency;
(45) 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;
(46) to provide comprehensive city planning for development
by zoning, subdivision regulations and the like as the city council
deems necessary and reasonable to insure a safe, healthy, and
aesthetically pleasing community;
(47) to organize and operate an urban redevelopment pro-
gram;
(48) to organize and operate such public transportation sys-
tems as are deemed beneficial;
GEORGIA LAWS 1981 SESSION
4511
(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 city 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 munici-
palities 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 specifi-
cally 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
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 to 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 employ-
ees 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 ordi-
nance of the governing authority and as provided by pertinent laws of
the State of Georgia.
4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE II
GOVERNING BODY
Section 2.10. Form of Government. The government of the City
of Clarkesville shall be vested in a mayor and city 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 two years and until their
respective successors are elected and qualified. The mayor shall serve
for a term of two years 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 city for a period of one
year immediately prior to the date of the election of mayor or
councilmen; (2) continues to reside within the city during his or her
period of service; (3) is registered and qualified to vote in municipal
elections of the City of Clarkesville; and (4) meets the qualification
standards required for members of the Georgia House of Representa-
tives 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
incumbents 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 or
she: (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) wilfully and knowingly violates any express prohibition
of this Charter; or (3) is convicted of a crime involving moral turpi-
tude.
(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.
GEORGIA LAWS 1981 SESSION
4513
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 City of Clarkesville 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 city and the
conduct of any department, office or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the council shall be punished as provided by ordinance.
Section 2.16. General Power and Authority of the Council, (a)
Except as otherwise provided by law or by this Charter, the council
shall be vested with all the powers of government of the City of
Clarkesville 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 execu-
tion of such ordinances, resolutions, rules and regulations, not incon-
sistent 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 City of Clarkesville and may enforce such ordi-
nances, 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 city and may
assign additional functions to any of the offices, agencies and depart-
ments expressly provided for by this Charter.
Section 2.17. Duties of Mayor. The mayor shall be the chief
executive officer of the City of Clarkesville. 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. The mayor
shall:
4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) preside at all meetings of the council;
(b) vote as a member of the council only at such times as are
necessary to break a tie or deadlock of the council;
(c) be the official head of the city for the service of process and
for ceremonial purposes;
(d) have power to administer oaths and to take affidavits;
(e) 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;
(f) see that all laws and ordinances of the city are faithfully
executed;
(g) perform other duties as may be required by law, this Charter
or ordinance.
Section 2.18. Submission of Ordinance to the Mayor; Veto
Power.
(1) Every ordinance adopted by the city council shall be
presented promptly by the clerk to the mayor.
(2) The mayor, within four 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 oclock noon on the tenth calendar day after its
adoption; if the ordinance is disapproved, the mayor shall submit
to the city council through the clerk a written statement of his
reasons for his veto. The clerk shall record upon the ordinance the
date of its delivery to and receipt from the mayor.
(3) Ordinances vetoed by the mayor shall be presented by
the clerk to the city council at its next meeting and should the city
council then or at its next general meeting adopt the ordinance by
an affirmative vote of three members, it shall become law.
GEORGIA LAWS 1981 SESSION
4515
Section 2.19. Organization Meeting. The council shall meet for
organization on the date and at the time of the first regular meeting in
January following each regular election. The meeting shall be called
to order by the city clerk and the oath of office shall be administered
to all newly elected officials of the city as follows:
I,______________, do solemnly swear that I will well and truly
perform the duties of mayor (or member of the council, as the case
may be) of the City of Clarkesville to the best of my skill and ability,
without favor or affection; that I will adopt such measures, rules and
regulations as in my judgment shall be best calculated to promote the
welfare of the inhabitants of said city, so help me God.
Each newly elected official shall subscribe the oath and file it with
the city clerk who shall record it in the minutes of the meeting.
Section 2.20. Mayor Pro Tempore. At the organization meeting
described in Section 2.19, 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 2.21. 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 by three 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 24
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. 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.
4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.22. Rules of Procedure. The council shall adopt its
rules of procedure and order of business consistent with the provi-
sions of this Charter and shall provide for the keeping of a journal of
its proceedings, which shall be a public record.
Section 2.23. Quorum; Voting. The mayor or mayor pro tern
and three councilmen shall constitute a quorum and shall be autho-
rized 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 council-
men, 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 2.24. 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 city council of Clarkesville.
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
which becomes law shall be signed by the mayor.
Section 2.25. Codes of Technical Regulation, (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 ordi-
nances generally 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 2.26.
(b) Copies of any adopted code of technical regulations shall be
made available by the clerk for distribution or for purchase at a
reasonable price.
GEORGIA LAWS 1981 SESSION
4517
Section 2.26. Authentication, Recording and Codification of
Ordinances, (a) The city 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 city 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 City
of Clarkesville, 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)
Except as otherwise provided herein, the council, by ordinance, may
establish, abolish, merge, or consolidate offices, positions of employ-
ment, departments and agencies of the city, as they shall deem
necessary for the proper administration of the affairs and government
of the city; 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 employ-
ment; 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 ordinances of the council.
Each department shall consist of such officers, employees, and posi-
tions 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 an original appointment.
(d) Except as otherwise provided by law, the directors of depart-
ments and other appointed officers of the city shall be appointed
solely on the basis of their respective administrative and professional
qualifications.
4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) All appointive officers and directors of departments shall
receive such compensation as prescribed by ordinance of the city
council.
Section 3.11. Boards, Commissions and Authorities, (a) All
members of boards, commissions and authorities of the city shall be
appointed by the council for such terms of office and such manner of
appointment as provided by ordinance, except where other appoint-
ing authority, term of office or manner of appointment is prescribed
by this Charter or by applicable State law. The city manager shall be
an ex-officio member of all such boards, commissions and authorities
and shall act as liaison officer between them and the Mayor and the
council.
(b) 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 other-
wise 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 any 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.
(f) The qualifications required of members of boards, commis-
sions, and authorities shall be as prescribed by ordinance.
(g) Except as otherwise provided by this Charter or by applica-
ble 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
GEORGIA LAWS 1981 SESSION
4519
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 3.12. Personnel Administration. The council may
adopt ordinances, rules and regulations consistent with this Charter
dealing with: (1) the method of employment selection and probation-
ary 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 city.
Section 3.13. City Clerk. The council shall appoint a city clerk,
who shall also serve as the city treasurer, with such compensation as
shall be provided in the annual budget as adopted by the council. The
city clerk shall keep a journal of the proceedings of the city council,
maintain in a safe place all records and documents pertaining to the
affairs of the city and perform such other duties as may be required
by law or as the council or city manager may direct.
Section 3.14. City manager; appointment; qualifications; com-
pensation. The city council shall appoint a city manager for an
indefinite term and fix his or her compensation. The manager shall
be appointed solely on the basis of his executive and administrative
qualifications. He or she need not be a resident of the city or state at
the time of his appointment, but shall reside within Habersham
County while in office.
Section 3.15. Removal of city manager, (a) The city council
may remove the manager from office in accordance with the following
procedures: (1) The city council shall adopt by affirmative vote of a
majority of all its members a preliminary resolution which must state
the reasons for removal and may suspend the manager from duty for a
period not to exceed 45 days. A copy of the resolution shall be
delivered promptly to the manager. (2) Within five days after a copy
of the resolution is delivered to the manager, he may file with the city
council a written request for a public hearing. This hearing shall be
held at a city council meeting not earlier than 15 days nor later than
30 days after the request is filed. The manager may file with the
4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
council a written reply prior to the hearing. At the hearing, the
manager shall have the right to be represented by counsel, to present
evidence, and to cross-examine any witnesses against him or her. (3)
The city council may adopt a final resolution of removal, which may
be made effective immediately, but not sooner than the final day of
suspension of the manager, by affirmative vote of a majority of all its
members at any time after five days from the date when a copy of the
preliminary resolution was delivered to the manager, if he has not
requested a public hearing, or at any time after the public hearing if
he has requested one. The manager shall continue to receive his
salary until the effective date of the final resolution of removal.
(b) The city manager may be removed from office for cause or
without case. If removed without cause, he or she shall be entitled to
receive his or her regular salary for a period of 30 days from the
effective date of the final resolution of removal.
Section 3.16. Powers of Duties of the City Manager. The City
Manager shall be the chief administrative officer of the city. He shall
be responsible to the city council for the administration of all city
affairs placed in his charge by or under this Charter. He shall have
the following powers and duties:
(1) (A) He shall appoint and, when he deems it necessary
for the good of the service, suspend or remove all city employ-
ees and administrative officers he appoints, except as other-
wise provided by general state law, this Charter or personnel
ordinances adopted pursuant to this Charter. He may autho-
rize any administrative officer who is subject to his direction
and supervision to exercise these powers with respect to
subordinates in that officers department, office or agency.
(B) Any city employee or administrative officer sus-
pended or removed under subparagraph (A) may, within five
days of such suspension or removal, file a written request with
the city council requesting a review of such action. If such
written request is filed, the city council may veto any such
suspension or removal within 30 days thereof.
(2) He shall direct and supervise the administration of all
departments, offices and agencies of the city, except as otherwise
provided by this Charter or by general State law.
GEORGIA LAWS 1981 SESSION
4521
(3) He shall attend all city council meetings and shall have
the right to take part in discussion but may not vote.
(4) He shall see that all laws, provisions of this Charter and
acts of the city council, subject to enforcement by him or by
officers subject to his direction and supervision, are faithfully
executed.
(5) He shall prepare and submit the annual operating
budget and capital budget to the city council. He shall be
authorized to make expenditures and purchases in accordance
with the operating budget. All purchases shall be made by
comparative shopping at 3 or more sources, if available. All
expenditures for the capital budget shall have prior approval of
the mayor and council.
(6) He shall make such reports as the city council may
require concerning the operations of city departments, offices and
agencies subject to his direction and supervision.
(7) He shall keep the city council fully advised as to the
financial condition and future needs of the city and make such
recommendations to the city council concerning the affairs of the
city as he deems desirable.
(8) He shall perform such other duties as are specified in
this Charter or may be required by the city council.
Section 3.17. Council Interference with Administration. Except
for the purpose of inquiries and investigations under section 2.15, the
mayor and the city council or its members shall deal with city officers
and employees who are subject to the direction and supervision of the
manager solely through the manager, and neither the mayor, the city
council or its members shall give orders to any such officer or
employee, either publicly or privately.
ARTICLE IV
JUDICIAL BRANCH
Section 4.10. Municipal Court. There is hereby created a court
to be known as the Municipal Court of the City of Clarkesville 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.
4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. 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. No person shall be qualified or eligible to serve as a
judge of the municipal court unless he or she shall have attained the
age of 21 years and shall be a member of the State Bar of Georgia.
Section 4.12. Convening. Said court shall be convened at such
times as designated by ordinance or at such times as deemed neces-
sary 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 City of Clarkesville granted by State laws
generally to mayors, recorders and police courts, and particularly by
such laws as authorize abatement of nuisances.
(b) The municipal court shall have authority to punish those in
its presence for contempt, by a fine not to exceed Fifty Dollars
($50.00) or imprisonment not to exceed five days. The municipal
court may fix punishment for any offense within its jurisdiction not
exceeding One Thousand Dollars ($1,000.00) or imprisonment not to
exceed 12 months, 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 12 months, or any part of such
punishments or combination thereof; provided, however, that any
imprisonment combined with labor in a city work gang shall not
exceed a total of 12 months.
(c) 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.
(d) 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
GEORGIA LAWS 1981 SESSION
4523
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 Clarkesville, or the property so deposited shall have a lien
against it for the value forfeited, which lien shall be enforceable in the
same manner and to the same extent as a lien for city property taxes.
(e) The municipal court shall have the authority to bind prison-
ers 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, subpoena 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
Habersham County. 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 same procedure as generally
prescribed for appeals and appeal bonds from the probate court.
ARTICLE V
ELECTIONS
Section 5.10. Regular Elections, (a) An election shall be held
on the second Tuesday in December of each year to elect councilmen
to fill the terms of those councilmen whose terms expire at the end of
that year, and to fill the office of mayor in those years in which his or
her term of office expires.
4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Nothing contained herein shall affect the offices of those
persons presently serving as mayor and councilmen at the date of
approval of this Act, but said officers shall serve out the remainder of
their offices as hereinbefore may have been provided by law.
Section 5.11. Applicability of General Laws. The procedures
and requirements for election of all elected officials of the City of
Clarkesville 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
vacancies occur in two or more elected offices of the city for any cause
whatsoever, the mayor or the council, or those remaining, or, if none,
any three or more citizens and voters of the city, 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
vacancies 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 council-
man shall be subject to removal from office for any one or more of the
following causes:
(a) 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) wilful 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.
GEORGIA LAWS 1981 SESSION
4525
Section 5.14. 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 grounds for removal and to a public hearing which shall
be held not less than ten (10) 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 Habersham 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 Habersham
County as provided by law.
(c) By recall as now or hereafter provided by Georgia 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 City of Clarkesville.
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 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 govern-
mental 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 6.12. Millage Rates; Due Dates; Tax Bills. The council
by ordinance shall establish a millage rate not in excess of 7 mills for
general operating funds, for the city property tax; a due date; and in
what length of time those taxes must be paid. The council by
ordinance may provide for the payment of these taxes by installation
or in one lump sum, as well as to authorize the voluntary payment of
taxes prior to the time when due, and may, in its discretion, provide
for a reduction in the amount due for such voluntary payment.
4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 assess-
ment 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 discretion-
ary 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 6.14. License Fees, Occupational Taxes, Excise Taxes.
The council by ordinance shall have full power to levy such license
fees and specific or occupation taxes upon the residents of the City of
Clarkesville, 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 advan-
tage 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 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 Clarkesville, to provide for the cost
and expense of providing for the collection and disposal of sewage
through the sewerage facilities of the city. 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 city property taxes and shall be enforceable in the same manner
and under the same remedies as a lien for city property taxes.
Section 6.16. Sanitary and Health Service Charges. The council
shall have authority by ordinance to provide for, to enforce, to levy
GEORGIA LAWS 1981 SESSION
4527
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 the 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 6.17. 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, side-
walk, curbing, gutters, sewers, or other utility mains and appurte-
nances, against the abutting property owners, under such terms and
conditions as may be prescribed by ordinance. Such special assess-
ments 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 nine
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, and said
lien shall be enforceable by the same procedures and under the same
remedies as provided for in this article for city property taxes.
Section 6.18. Construction; Other Taxes. The City of
Clarkesville shall be empowered to levy any other tax allowed now or
thereafter 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.
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 of 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 transfer of fi.fas. Pro-
vided that, upon levy of execution and sale of property pursuant to
4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 Operat-
ing 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 begin-
ning of each fiscal year, the council shall 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 documents shall
be filed in the office of the city, clerk and shall be open to public
inspection.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Official Bonds. The officers and employees of the
City of Clarkesville, 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 7.11. Existing Ordinances and Regulations. Existing
ordinances and resolutions of the City of Clarkesville not inconsistent
with the provisions of this Charter shall continue in effect until they
have been repealed, modified, or amended by the council. The
GEORGIA LAWS 1981 SESSION
4529
existing rules and regulations of departments or agencies of the City
of Clarkesville 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 One Thousand Dollars ($1,000.00) or by
imprisonment not to exceed 12 months, or both such fine and
imprisonment.
Section 7.14. Specific Repealer. An Act incorporating the City
of Clarkesville in the County of Habersham, approved February 13,
1956 (Ga. Laws 1956, p. 2298), is hereby repealed in its entirety and
all amendatory acts thereto are likewise repealed in their 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 Date. This Charter shall become
effective upon its approval by the Governor or upon its becoming law
without his approval.
Section 7. 17. Repealer. All laws and parts of laws in conflict
with this Act are hereby repealed.
4530 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
1981 session of the General Assembly of Georgia a bill to create a new
charter for the City of Clarkesville; to provide for all related matters;
to repeal the Act incorporating the City of Clarkesville, approved
February 13,1956 (Ga. Laws 1956, p. 2298), and all Acts amendatory
thereof in their entirety; to provide an effective date; to repeal
conflicting laws; and for other purposes.
This 29 day of January, 1981.
Ken Cleveland
Publishers Affidavit.
State of Georgia
County of Habersham.
Before me, the undersigned, Notary Public, this day personally
came Amilee C. Graves, who, being first duly sworn, according to law,
says that he is the publisher of the Tri-County Advertiser official
newspaper published at Clarkesville, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 29 day of January, 1981 and on the 5,
12 days of February, 1981. As provided by law.
Amilee C. Graves
Subscribed and sworn before me,
the 11 day of February, 1981.
/s/ Ann L. Vandiver
Notary Public.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4531
CITY BUSINESS IMPROVEMENT DISTRICT ACT
FOR CERTAIN CITIES (400,000 OR MORE).
No. 694 (House Bill No. 764).
AN ACT
To provide a short title; to provide definitions; to state findings
and a declaration of purpose; to provide for the creation and opera-
tion of city business improvement districts within municipalities
having a population of more than 400,000 according to the United
States decennial census of 1980, or any future such census; to provide
for the adoption of district plans; to provide for the financing of such
districts; to provide for mandatory design and rehabilitation stan-
dards; to provide for termination of any district created pursuant to
this act; 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 Act shall be known as and may be
cited as the City Business Improvement District Act.
Section 2. Definitions. As used in this Act:
(a) District means a City Business Improvement District
established pursuant to this Act.
(b) District plan(s) or plan means a proposal adopted by
ordinance which includes all of the following:
(1) A map of the district.
(2) A description of the boundaries of the district proposed
for creation or extension in a manner sufficient to identify the
lands included, the present and proposed uses of these lands, the
supplemental services to be provided within the district, the
maximum millage to be levied for providing supplemental ser-
vices, the proposed time for implementation and completion of
the plan, any design and rehabilitation standards which may be
mandated for buildings located within each district, and any rules
and regulations applicable to the district. Boundaries of any such
district shall not include land on which is located telephone
4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
central office and switching facilities serving an area exceeding the
boundaries of said City Business Improvement District.
(3) Any other item required to be incorporated therein by the
governing authority.
(c) Municipality means those municipal corporations located
wholly within the State of Georgia and having a population of more
than 400,000 according to the United States decennial census of 1980,
or any future such census.
(d) Supplemental Services means those services provided for
the improvement and promotion of the district, including but not
limited to, advertising, promotion, sanitation, security, business
recruitment and development.
(e) Taxpayer means any entity or person paying ad valorem
taxes on real or personal property, whether on one or more businesses,
or one or more parcels of property within a district.
Section 3. Findings and purpose. The General Assembly finds
that many business districts within large cities in this State are in an
economically depressed condition, and that this condition adversely
affects the economic and general well-being of the people of such large
cities of the State. It is further found and declared that the establish-
ment of City Business Improvement Districts is an effective means
for restoring and promoting commercial and other business activity
within such business districts.
Section 4. Powers of Municipalities. Upon the establishment of
any City Business Improvement District pursuant to the provisions of
this Act, the governing authority of any municipality to which the
provisions of this Act are applicable shall have authority to exercise
the following powers with respect to each such district, subject to the
provisions of this Act:
(a) To adopt a district plan for the provision of supplemental
services to said district, and to adopt budgets for the implementation
of such supplemental services;
(b) To fix and levy annually a millage upon real and personal
property within said district, to make such assessments liens upon the
properties, and to enforce such liens in the same manner as other City
taxes;
GEORGIA LAWS 1981 SESSION
4533
(c) To provide supplemental services or to contract with non-
profit corporations for all or part of the supplemental services
required to implement such district plan; and
(d) To mandate design and rehabilitation standards for buildings
located within such district.
Section 5. Adoption of District Plans. The governing authority
of any municipality to which the provisions of this Act are applicable
may create City Business Improvement Districts by the adoption of
district plans, as follows:
(a) No such plan may be adopted except upon the written petition,
signed and acknowledged by either
(1) at least seventy per cent of the municipal taxpayers (as
shown by the most recent list of taxpayers billed by the municipal-
ity) of the district proposed for creation or extension; or
(2) municipal taxpayers owning at least seventy percent (by
assessed values as shown by the most recent assessment rolls of
the municipality) of the taxable property subject to ad valorem
real and personal property taxation in the district.
(b) Such petition must be accompanied by a proposed district
plan, to include a budget, a formula for imposing assessments on the
taxpayers within said district, and design and rehabilitation stan-
dards, if desired.
(c) Said petition shall be presented to the governing authority of
the municipality, which shall refer it to the appropriate municipal
departments for review of its sufficiency, reasonableness of assess-
ments, and financial feasibility of the plan. Said departments shall
submit reports which shall approve, disapprove, or give qualified
approval with modifications, of the district plan, with reasons there-
for, to the governing authority. The governing authority shall hold a
public hearing on the issue of whether such district should be created
provided that notice of the hearing shall be placed in a newspaper of
general circulation in the community at least ten (10) days prior to
the date of the hearing. The governing authority may approve,
approve with modifications, or disapprove the plan.
4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Any district plan thus adopted may be amended from time to
time, rescinded, or its budget revised by ordinance.
Section 6. Financing of District, (a) The expense incurred in the
provision of supplemental services within the district(s) shall be
financed in accordance with the district plan upon which the estab-
lishment or extension of the district was based. However, the cost of
supplemental services shall not include the cost to the district of
services performed by the municipality on a city-wide basis.
(b) The charge shall be levied and collected in the same manner, at
the same time and by the same officers, as other City taxes and
assessments.
Section 7. Segregation of Funds. No charges assessed and
collected by a municipality pursuant to this Act shall be spent for any
purpose not authorized by the district plan of the district where such
charges were assessed and collected, except for such costs as may be
attributed to the billing and collection of said charges.
Section 8. Design and Rehabilitation Standards. Upon the
establishment of any City Business Improvement District pursuant
to the provisions of this Act, the governing authority of any munici-
pality to which the provisions of this Act are applicable may mandate
design and rehabilitation standards for buildings within City Busi-
ness Improvement Districts, where said governing authority finds
that such standards are necessary to prevent or eliminate blight, to
establish and improve property values and to foster economic devel-
opment within the districts. Said governing authority may establish
deadlines for compliance with said standards, and may provide for
the enforcement of said design and rehabilitation standards.
Section 9. Sunset Provision. Any City Business Improvement
District which is created pursuant to Section 5 hereof shall terminate
and cease to exist exactly five (5) years from the date of its creation by
ordinance, unless said district is renewed in the manner set forth in
Section 5 hereof for its creation.
Section 10. 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,
GEORGIA LAWS 1981 SESSION
4535
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional where 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 11. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act
are hereby repealed.
Approved April 9,1981.
CARROLLTON REDEVELOPMENT AUTHORITY.
No. 696 (House Bill No. 778).
AN ACT
To create the Carrollton Redevelopment Authority; to define
certain terms; to provide for the composition of the authority, its
powers, duties, and compensation of members; to provide for the
purposes of the authority; to provide for revenue bonds; to provide
that such powers of the authority provided by this Act are supple-
mental to powers conferred by other laws; to provide for an advisory
committee to the authority; to provide for public funds; to provide for
the liberal construction of the Act; to provide for severability; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Creation of authority. There is hereby created a
public body, corporate and politic, in the County of Carroll to be
known as the Carrollton Redevelopment Authority. Said authority
hereinafter shall be referred to as the authority; and said authority
shall have the powers, rights, duties, and obligations set forth herein
and as otherwise provided by law.
4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Definitions. As used in this Act, the following words
and terms shall have the following meanings:
(1) Advisory committee shall mean the committee estab-
lished in Section 7 of this Act as an advisory committee to the
authority in matters relating to the revitalization and redevelop-
ment of the Carrollton downtown area.
(2) Authority shall mean the Carrollton Redevelopment
Authority created by this Act.
(3) City shall mean the City of Carrollton, Georgia.
(4) County shall mean Carroll County, Georgia.
(5) Member shall mean a member of the authority estab-
lished by this Act.
(6) Project shall mean any undertaking of the authority
in connection with the redevelopment or revitalization of urban,
central city, or downtown areas within the City of Carrollton.
(7) Project areas shall mean those urban, central city, or
downtown areas within the City of Carrollton selected by the
authority for redevelopment, revitalization, or improvement pur-
suant to the procedures set forth in this Act.
Section 3. Composition and organization of authority, (a) The
authority shall consist of nine members to be appointed by the mayor
and city council of the City of Carrollton, Georgia. The members of
said authority shall be residents of Carroll County.
(b) Vacancies in the membership of the authority shall be filled
by the mayor and city council of the City of Carrollton, Georgia;
provided, however, that a member of the authority whose term has
expired shall continue to serve until his successor has been duly
appointed and, in the event of a vacancy for any reason other than the
expiration of the term, the remaining members of the authority shall
continue to be vested with all of the powers, rights, duties, and
obligations set forth herein or otherwise provided by law.
(c) After the initial appointments for the initial terms set forth
in this Act, the appointment of a member shall be for a three-year
GEORGIA LAWS 1981 SESSION
4537
term beginning January 1 of the year of his appointment. Initially,
three members shall be appointed for a term ending December 31,
1981; three members shall be appointed for a term ending December
31, 1982; and three members shall be appointed for a term ending
December 31,1983. Any appointment to fill a vacancy shall be for the
remainder of the term of the member vacating.
(d) Each member of the authority shall have attained the age of
21 years and shall have been a resident of the county for at least one
year prior to his appointment. Any officer or employee of the county
or city shall be eligible for appointment to the authority. If at any
time during his term a member shall cease to be a resident of the
county, he shall cease to be a member of the authority. No person
may serve more than two consecutive full terms as a member of the
authority. No action taken by the authority shall be void by reason of
the disqualification of a member until the disqualification shall be
brought to the attention of the other members of the authority in
writing and one month has expired since the receipt of said notice and
the action sought to be void was taken after said one-month period.
(e) The members of the authority shall not be entitled to com-
pensation, pension, or other retirement benefits on account of service
on the authority but shall be entitled to receive traveling expenses
and other actual expenses incurred in the performance of their duties
of office.
(f) The authority shall elect a chairman, a vice chairman, and a
secretary-treasurer, each of whom shall serve for one year or until his
successor is chosen. The authority shall adopt and promulgate rules
governing its procedures and shall hold regular meetings not less than
once each quarter. Special meetings may be held upon the call of the
chairman or any three members of the authority. A majority of the
membership shall constitute a quorum for the purpose of meeting and
transacting business. Each member of the authority shall have one
vote.
(g) Upon the effective date of this Act, the members of the
authority shall organize and enter upon the performance of their
duties.
Section 4. Purposes of authority. It is hereby determined,
declared, and established that the creation of the authority and the
implementation of the corporate purposes set forth in this Act are in
all respects for the benefit of the people of this state and that the
249
4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority is a public corporation; and it is further declared that the
revitalization and redevelopment of the urban, central city, and
downtown areas of the City of Carrollton (project areas) are proper
public purposes and this law is adopted for the purpose of promoting
and expanding for the public good and welfare the public facilities of
said areas, including the construction of streets, roadways, parks,
malls, transportation systems, vehicular parking facilities, and any
and all other necessary and desirable appurtenances to the revitaliza-
tion and modernization of said project areas; and it is further declared
that the expenditure of public funds for such purposes by said
authority is and shall be in the public interest.
It is further found, determined, and declared that all property of
said authority is hereby declared and shall in all respects be consid-
ered 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 general public welfare in matters of cultural devel-
opment, education, pleasure, convenience, and recreation of the
public at large, in an effort to better the general condition of society,
which promotion is hereby declared to be a public beneficence for the
good of humanity and for the general improvement and happiness of
society. 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. Powers of the authority. The authority shall have all
of the powers necessary or convenient to carry out and effectuate the
purposes and provisions set forth in this Act, including, but not
limited to, the power:
(a) To sue and be sued.
(b) To adopt and amend a corporate seal.
(c) To make and execute contracts and other instruments neces-
sary to exercise the power of the authority. Such contracts may be
made with the city, the county, the State of Georgia, or the United
States of America, or may be made with one or more municipal
corporations, or may be made with the county and a single municipal
corporation or multiple municipal corporations. The county and all
such municipalities are hereby authorized to enter into contracts with
GEORGIA LAWS 1981 SESSION
4539
the authority. The authority may also contract with private legal
entities or persons.
(d) To receive and administer gifts, grants, and devises of any
property and to administer trusts.
(e) To acquire by purchase, gift, or construction any real or
personal property desired to be acquired as a part of any project or for
the purpose of improving, extending, adding to, reconstructing, reno-
vating, 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.
(f) To sell, lease, exchange, transfer, assign, pledge, mortgage, or
dispose of, or grant options for any such purpose, any real or personal
property or interest therein.
(g) To mortgage, convey, pledge, or assign any property, reve-
nues, income, tolls, charges, or fees owned or received by the author-
ity.
(h) To issue revenue obligations for the purpose of providing
funds for carrying out the purpose of the authority.
(i) To appoint officers and retain agents, engineers, attorneys,
fiscal agents, accountants, architects, and employees and to provide
their compensation and duties.
(j) To acquire property through the exercise of the right of
eminent domain for public purposes and to acquire by purchase, gift,
or lease any property owned by the city or county which has been
acquired through the exercise of the right of eminent domain by the
city or county; provided, however, that said authority shall acquire
such properties through the exercise of such power of eminent domain
only in a manner prescribed by law for the exercise of such power by
counties and municipalities in the state and only upon payment of
just and fair compensation as required by the Constitution and laws
of this state; provided, further, that the authority shall not acquire
property through the exercise of the right of eminent domain unless
the authority is granted prior written approval for such actions by the
governing authorities of the city for property located in the city, or
the county for property located in the county but not in the city, or by
the Georgia Public Service Commission for property owned by a
public utility.
4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(k) To construct, acquire, own, repair, remodel, maintain,
extend, improve, and equip projects located on land owned or leased
by the authority, 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.
(l) To issue revenue bonds 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. Such revenue bonds shall
be issued and validated under and in accordance with the applicable
provisions of the Revenue Bond Law, approved March 31, 1937
(Ga. Laws 1937, p. 761), as heretofore or hereafter amended. Such
revenue bonds or obligations shall be authorized by resolution of the
authority, which may be adopted at a regular or special meeting by a
majority vote of the members of said authority. 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 shall bear such date or 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 redemp-
tion and may contain such terms, covenants, assignments, and condi-
tions 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. As
security for the payment of any revenue bonds so authorized, any
property, real or personal, of an authority may be pledged, mort-
gaged, conveyed, assigned, hypothecated, or otherwise encumbered.
Any such authority may execute any trust agreement or indenture
containing any provisions not in conflict with law for the security of
such bonds, which trust agreement or indenture may provide for
foreclosure or forced sale of any property of the authority upon
default on such bonds either in payment of principal or interest or
upon default in the performance of any term or condition contained
in such agreement or indenture. The State of Georgia, in behalf of the
state, and each county, municipal corporation, political subdivision,
GEORGIA LAWS 1981 SESSION
4541
and 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.
(m) To make or cause to be made studies and analyses of
economic changes taking place in the downtown areas of Carrollton
and Carroll County and of the impact of metropolitan growth upon
those areas.
(n) To prepare a plan or plans for the development and redevel-
opment of such downtown areas (such plan or plans shall be coordi-
nated with governmental planning boards and agencies but the
authority shall have the ultimate responsibility for preparation of
such plan or plans).
(o) To implement any general plan of development in the urban,
central, or downtown areas which have been approved by the county
and the municipality in which said development is located by:
(1) Coordinating development and redevelopment by
public and private enterprise;
(2) Encouraging private development and redevelopment in
a manner consistent with the plan;
(3) From time to time, proposing such revisions in the plan
as appear to the authority to be appropriate and in the best
interest of the city, consistent with the purposes of this Act;
(4) Constructing, acquiring, repairing, and operating any
public development or project covered by the plan or coordinating
any of the foregoing among other governmental agencies;
(5) In coordination with said planning boards or agencies,
develop long-range plans designed to halt the deterioration of
property values in the urban, central city, and downtown areas
and encourage property owners to implement the plans to the
fullest extent possible;
4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) To acquire in the best interest of the public, for
public purposes only, on such terms and conditions and in such
manner as it may deem proper, and to own, convey, and otherwise
dispose of and to lease as lessor and lessee any land and any other
property, real and personal, and any rights and interests therein
which it may determine to be reasonably necessary in furtherance
of its other powers under this Act, and to grant and acquire
licenses, easements, and options with respect thereto;
(7) To improve land; to construct, reconstruct, equip,
improve, maintain, and repair parking facilities, parks, plazas,
malls, walkways, and other public facilities, and any necessary or
desirable appurtenances thereto within project areas;
(8) To fix, charge, and collect fees, rents, and charges for the
use of any project, any part thereof, and any facilities furnished
thereby, and of any property under its control, and to pledge such
revenue to the payment of revenue bonds issued by it.
(p) To have and exercise any and all of the usual powers of
private and public corporations except such as are inconsistent with
this Act, including the power to adopt and amend bylaws and
regulations for the conduct and management of the authority.
(q) To accumulate its funds from year to year and to invest
accumulated funds in any manner that public funds of the State of
Georgia or any of its political subdivisions may be invested.
(r) To designate officers to sign and act for the authority gener-
ally or in any specific matter.
(s) To do any and all acts and things necessary or convenient to
accomplish or to complement the purpose and powers of the authority
as herein stated.
Section 6. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to be supplemental and
in addition to powers conferred by other laws.
Section 7. Advisory committee. The mayor and city council of
Carrollton by resolution may establish an advisory committee to the
authority. Said committee shall be composed of from ten to 20
citizens of Carroll County and said committee shall be charged with
GEORGIA LAWS 1981 SESSION
4543
the responsibility to make recommendations to the authority in
connection with the redevelopment of project areas. It shall be the
responsibility of the city to advise the authority of the composition of
the committee and to notify the authority of changes in membership
from time to time. The terms of members of the committee shall be in
the discretion of the mayor and city council.
Section 8. Public funds. The City of Carrollton and the County
of Carroll, either and both, are authorized and permitted to provide
public funds to the authority for the purposes of the authority set
forth in this Act; provided, however, that the debts of the authority
shall not constitute debts of the state nor of any city, town, municipal-
ity, or county thereof.
Section 9. Liberal construction of Act. This Act, being for the
welfare of the state and its inhabitants, shall be liberally construed to
effect the purposes hereof.
Section 10. 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 11. Repealer. 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 in the 1981
Session of the General Assembly of Georgia an Act to create the
Carrollton Redevelopment Authority; to provide for the composition
of the Authority, its powers, duties and compensation of the mem-
bers; to provide for the purposes of the Authority; to provide for
revenue bonds and such other powers of the Authority as provided by
the Act.
4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of January, 1981.
Gerald Johnson
C. A. Thomas, Jr.
Representatives,
District 66
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Gerald Johnson who, on oath,
deposes and says that he/she is Representative from the 66th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in Carroll County Georgian which is the
official organ of Carroll County, on the following dates: January 22,29
and February 5,1981.
/s/ Gerald Johnson
Representative,
66th District
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4545
CITY OF PATTERSONNEW CHARTER.
No. 697 (House Bill No. 787).
AN ACT
To provide a new charter for the City of Patterson in the County of
Pierce; 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:
ARTICLE I
INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the whole
charter of the City of Patterson, repealing and replacing the charter
provided by an Act of the General Assembly, approved February 25,
1949 (Ga. Laws 1949, p. 1254), as amended. The City of Patterson,
Georgia, in the County of Pierce and the inhabitants thereof, are
hereby constituted and declared a body politic and corporate, under
the same name and style of the City of Patterson, 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.
Sectionl.il. Corporate boundaries, (a) The boundaries of the
City of Patterson 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 Patterson, 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 Patterson, 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
4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 assess-
ment, valuation, revaluation, and collection of taxes on all prop-
erty 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 pro-
vide 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 appropria-
tions 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;
GEORGIA LAWS 1981 SESSION
4547
(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 author-
ity, under Code Section 36-202, relating to condemnations, 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, oper-
ate, 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 other public utilities; 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 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 regula-
tions 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,
4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Code Section 36-202, relating to condemna-
tions, as amended, or other applicable general laws of the State of
Georgia, as are or may be enacted or amended;
(13) Building regulation. To regulate the erection and con-
struction of buildings and all other structures; to adopt building,
housing, plumbing, electrical, gas, and heating and air-condition-
ing codes and to regulate all housing, building, and building
trades; to license the construction and erection of buildings and all
other structures;
(14) 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;
(15) Public peace. To provide for the prevention and punish-
ment of drunkeness, riots, and public disturbances;
(16) Special areas of public regulation. To regulate or pro-
hibit junk dealers and pawn shops, the manufacture, sale, or
transportation of alcoholic beverages, and the use and sale of
firearms; to regulate the transportation, storage, and use of com-
bustible, 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 perfor-
mances, exhibitions, and shows of any kind whatever by taxation
or otherwise; to license, tax, regulate, or prohibit professional
fortunetelling, palmistry, adult bookstores, and massage parlors;
(17) 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 punish-
ment for violation of such ordinances;
GEORGIA LAWS 1981 SESSION
4549
(18) Health and sanitation. To prescribe standards of health
and sanitation and to provide for the enforcement of such stan-
dards;
(19) 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;
(20) 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;
(21) 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;
(22) 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;
(23) 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;
(24) Sewer fees. To levy a fee, charge, or sewer tax as
necessary to assure the acquiring, constructing, equipping, operat-
ing, 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;
4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(25) Nuisance. To define a nuisance and provide for its
abatement whether on public or private property;
(26) 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;
(27) Jail sentences. To provide that persons given jail sen-
tences in the citys 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;
(28) 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 here-
under;
(29) 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;
(30) 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 insur-
ance of such vehicles in the amounts to be prescribed by ordi-
nance; and to regulate and rent parking spaces in public ways for
the use of such vehicles;
(31) Special assessments. To levy and provide for the collec-
tion of special assessments for officers and employees of the city;
(32) 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;
(33) City agencies and delegation of power. To create, alter,
or abolish departments, boards, offices, commissions, and agen-
cies of the city and to confer upon such agencies the necessary and
GEORGIA LAWS 1981 SESSION
4551
appropriate authority for carrying out all the powers conferred
upon or delegated to same;
(34) 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;
(35) Police and fire protection. To exercise the power of
arrest through duly appointed policemen and to organize and
operate a fire fighting agency;
(36) 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 provi-
sions deemed necessary to deal with or meet such an emergency
for the protection, safety, health, or well-being of the citizens of
the city;
(37) Urban redevelopment. To organize and operate an
urban redevelopment program;
(38) Public transportation. To organize such public trans-
portation systems as are deemed beneficial;
(39) General health, safety, and welfare. To define, regulate,
and prohibit any act, practice, conduct, or use of property which is
detrimental to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the
enforcement of such standards; and
(40) Other powers. To exercise and enjoy all other powers,
functions, rights, privileges, and immunities necessary or desir-
able 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 of applicable laws of the State of Georgia.
4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation; composition; number; election. The
governing authority of this city shall be composed of a mayor and six
councilmen who shall be elected in the manner provided by Article V
of this charter.
Section 2.11. Terms and qualifications of office. Except as
otherwise provided for their initial terms, the members of the govern-
ing 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 incum-
bents 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 qualifica-
tions of the office as prescribed by this charter or the laws of the
State of Georgia;
(2) Wilfully and knowingly violates any express prohibition
of this charter; or
(3) Is convicted of a crime involving moral turpitude.
GEORGIA LAWS 1981 SESSION
4553
Section 2.13. Compensation and expenses. The salaries of the
mayor and council of the City of Patterson, Georgia, shall be fixed by
said mayor and council in December prior to the citys election 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 inconsis-
tent 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, sanita-
tion, comfort, convenience, prosperity, or well-being of the inhabi-
tants 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 depart-
ments expressly provided for by this charter.
4554 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:
(1) Shall see that all laws and ordinances of the city are
faithfully executed;
(2) Shall preside at all meetings of the mayor and council
and vote in the event of a tie vote among the council;
(3) 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;
(4) Shall exercise supervision over all executive and admin-
istrative work of the city and provide for the coordination of
administrative activities;
(5) Shall prepare and submit to the council a recommended
annual operating budget and recommended capital budget;
(6) 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;
(7) 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;
(8) May call special meetings of the council as provided for
in Section 2.23(b);
(9) May approve or disapprove ordinances as provided in
Section 2.20;
(10) May examine and audit all accounts of the city;
GEORGIA LAWS 1981 SESSION
4555
(11) May require any department or agency of the city to
submit written reports whenever he deems it expedient; and
(12) 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 ordi-
nance, shall return it to the clerk with or without his approval or with
his disapproval. If the ordinance has been approved by the mayor, it
shall become law upon its return to the clerk; if the ordinance is
neither approved nor disapproved, it shall become law at 12:00 Noon
on the tenth calendar day after its adoption; if the ordinance is
disapproved, the mayor shall submit to the 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 mayors veto as provided herein. The reduced
part or parts shall be presented to the council as though disapproved
and shall become law unless overriden by the council as in subsection
(c) above.
Section 2.21. Mayor pro tempore; selection; duties. The council
shall elect by majority vote from among its members a mayor pro
tempore, who shall assume the duties and powers of the mayor upon
the mayors disability or absence. The council shall elect an acting
mayor pro tempore from among its members for any period in which
the mayor pro tempore is disabled, absent, or acting as mayor. Any
such absence or disability shall be declared by majority vote of all
members of the council.
4556 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 tempore. The mayor pro tempore 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.
Section 2.24. Rules of procedure. The council shall adopt its
rules of procedure and order of business consistent with the provi-
sions of this charter and shall provide for keeping a journal of its
proceedings which shall be a public record.
GEORGIA LAWS 1981 SESSION
4557
Section 2.25. Quorum; voting. Three councilmen shall consti-
tute 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.
(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.
Section 2.27. Emergency ordinances. To meet a public emer-
gency 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 borrow-
ing 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 automat-
ically stand repealed 60 days following the date upon which it was
adopted, but this shall not prevent reenactment of the ordinance in
4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the 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 ordi-
nances 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 the 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 Patterson, 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.
GEORGIA LAWS 1981 SESSION
4559
(c) The council shall cause each ordinance and each amendment
to this charter to be printed promptly following its adoption. Follow-
ing publication of the first Code of this city and at all times thereafter,
the ordinances and charter amendments shall be printed in substan-
tially 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 may be deemed desirable with respect
to reproduction and distribution of any current changes in or addi-
tions 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 pre-
scribe the functions or duties of, and establish, abolish, or alter, all
nonelective offices, positions of employment, departments, and agen-
cies 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 department heads shall receive
such compensation as prescribed by the council.
(d) There may be a director of each department or agency who
shall be its principal officers. Each director shall, subject to the
direction and supervision of the mayor, be responsible for the admin-
istration 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 mayors action by a vote of three
council members.
4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.11. Board, commissions, and authorities, (a) The
council shall create by ordinance such boards, commissions, and
authorities as to fulfill any investigative, quasi-judicial, or quasi-
legislative function the council deems necessary and shall by ordi-
nance 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 reimburs-
ement 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 faithfully and impartially to 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 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.
GEORGIA LAWS 1981 SESSION
4561
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 citys 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, 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 moneys belong-
ing 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 3.15. 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.
4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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) 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 as may be necessary to
provide for adequate and systematic handling of personnel affairs.
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 standby 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 the
council, who may also remove for cause such judge or judges by a vote
of three members of the council.
GEORGIA LAWS 1981 SESSION
4563
(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 con-
vened at regular intervals as designated by the 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 $25.00. The municipal court may fix punishment for offenses
within its jurisdiction not exceeding a fine of $500.00 or imprisonment
for 30 days or both. As 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 30 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 caretak-
ing 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.
4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The municipal court shall have the same authority as supe-
rior courts to compel the production of evidence in the possession of
any party; to enforce obedience to its orders, judgments, and sen-
tences; and to administer such oaths as are necessary.
(e) 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.
(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.
(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 mayors, recorders, 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
Pierce County from the mayors 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 of 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.
GEORGIA LAWS 1981 SESSION
4565
ARTICLE V
ELECTIONS
Section 5.10. Applicability of general law. All elections shall be
held and conducted in accordance with Code Title 34A, known as the
Georgia Municipal Election Code, as now or hereafter amended.
Section 5.11. Election of council and mayor, (a) General
elections for mayor and council or for council, depending on the year,
will be held on the second Saturday in December of each year. At
such general election, city officials are to be elected by the qualified
voters to fill the vacancies in terms of office which expire on
December 31 following such election.
(b) The term of office of mayor shall be for two years and until
his successor is elected and qualified. In order to be elected as mayor,
a candidate shall receive a majority of the votes cast in such election
for the office of mayor. In the event no candidate receives a majority
of the votes cast, there shall be a runoff election between the two
candidates receiving the highest number of votes cast for the office of
mayor. The runoff election shall be held under the same laws, rules,
and regulations governing municipal elections.
(c) The three candidates for councilman receiving the highest
number of votes cast shall be elected for terms of office of two years
each and until their successors are elected and qualified.
(d) The mayor and three councilmen shall be elected on the
second Saturday in December in even years for a term of two years,
and three councilmen shall be elected on odd years for a term of two
years.
(e) 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 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
4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
respects, the special election shall be held and conducted in accord-
ance 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 5.13. 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 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. Grounds for removal. The mayor, council mem-
bers, or others provided for in this charter shall be removed from
office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(4) Knowing violations of any express prohibition of this
charter;
(5) Abandonment of office or neglect to perform the duties
thereof; or
(6) Failure for any other cause to perform the duties of
office as required by this charter or by law.
Section 5.16. Procedure for removal. Removal of an above
described officer may be accomplished by one of the following meth-
ods;
(1) 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
GEORGIA LAWS 1981 SESSION
4567
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 Pierce County.
Such appeal shall be governed by the same rules as govern appeals
to the superior court from the probate court.
(2) Information fded in the Superior Court of Pierce 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 state
and county. This tax is for the purpose of raising revenues to defray
the costs of operating the city government, for providing govern-
mental 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 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 levies
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
4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 may compel the payment of such taxes as
provided in this article.
Section 6.13. 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 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 necessitate.
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, side-
walk, curbing, gutters, sewers, or other utility mains and appurte-
nances from the abutting property owners under such terms and
conditions as may be prescribed by ordinance. Such special assess-
ments shall become delinquent 30 days after their due dates and shall
thereupon be subject, in addition to fi.fa. charges, to a penalty of 7
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
GEORGIA LAWS 1981 SESSION
4569
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 hardships; 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 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 6.19. 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 Law (Ga.
Laws 1937, p. 761), as now or hereafter amended, or by any other
Georgia law as now or hereafter provided.
250
4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 laws.
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 improve-
ment 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 improve-
ments 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, struc-
ture, 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 two-thirds
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-
ever, that the mayor may submit amendments to the capital improve-
ments 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.
GEORGIA LAWS 1981 SESSION
4571
Section 6.26. Independent audit. There shall be an annual,
independent audit of all city accounts, funds, and financial trans-
actions by a qualified public accountant selected by the council. The
audit shall be conducted according to generally accepted govern-
mental accounting principals. 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; and
(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 purchas-
ing 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 prop-
erty 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 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,
4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 empow-
ered 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, detention, penal, and medical
institutions, agencies, and facilities and any other public improve-
ments 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 citys streets and alleys for the
purposes of railroads, street railways, telephone companies, electric
companies, cable television, gas companies, transportation compa-
nies, 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 25
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.
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 regu-
lations. 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
GEORGIA LAWS 1981 SESSION
4573
charter. During such two-year period, the council shall review all
such provisions and shall readopt, repeal, or amend each such ordi-
nance 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. (a) 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 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.
(b) All elected officials who are in office immediately prior to the
effective date of this Act shall continue in office until the expiration
of their term of office and until their successors are elected and
qualified under Article V.
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
on-going 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 provision of this
charter for which a penalty is not specifically provided for shall be
punishable by a fine of not more than $500.00 or by imprisonment not
to exceed 60 days, or both.
Section 7.18. 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 Patterson, Georgia.
4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 sepa-
rately and independent of each other.
Section 7.20. Specific act repealed. An Act incorporating the
City of Patterson in the County of Pierce, approved February 25,1949
(Ga. Laws 1949, p. 1254), 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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia a bill to create a new
charter for the City of Patterson; and for other purposes.
S. W. Gardner
Mayor
GEORGIA LAWS 1981 SESSION
4575
Georgia, Pierce County
This will certify that the attached advertisement has been pub-
lished in The Blackshear Times, a newspaper published weekly in
Blackshear, Pierce County, Georgia, the legal organ in which sheriffs
advertisements are published.
The attached advertisement has been published once a week for
three weeks during a period of 60 days, the last of which advertise-
ments appeared in the issue of January 29,1981. Said advertisements
have been published once a week for three weeks during the 60-day
period immediately preceding February 5,1981.
/s/ Robert M. Williams, Jr.
Editor & Publisher
The Blackshear Times
Signed and sworn to this day,
February 6, 1981.
/s/ Beth Hobbs,
Notary Public, Georgia State at Large
My commission expires June 21, 1983.
(Seal).
Approved April 9,1981.
4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY
ACT AMENDED.
No. 698 (House Bill No. 788).
AN ACT
To amend an act creating the Downtown Way cross Development
Authority approved April 25, 1975 (1975 Ga. Laws p. 4637); to
amplify, expand and declare the purposes and objectives of the Act; to
define certain terms; to provide for a quorum; to permit waiver of any
right to compel levy of a tax; to amplify, expand and declare the
powers of the Authority; to provide for the issuance of revenue bonds,
notes and other obligations of the Authority; to provide that revenue
bonds, notes and other obligations of the Authority shall be lawful
investments for all public officers and bodies, counties, municipalities
and municipal subdivisions, insurance companies, banks, bankers,
trust companies, savings banks and savings associations, building and
loan associations and others; to exempt property of the Authority
from tax; to provide for severability; to provide that these amend-
ments 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 Waycross Development Author-
ity, approved April 25, 1975 (1975 Ga. Laws p. 4637), is hereby
amended as follows:
SECTION A. Section 1 of the Act is hereby amended by deleting
subsection (b) as it presently exists in its entirety and adding and
inserting in lieu thereof the following subsections:
(b) The purpose of the Authority is the development of the
downtown Waycross area, which includes but is not limited to renova-
tion and rehabilitation of existing buildings, structures and improve-
ments and acquisition and construction of new buildings, structures
and improvements located in the Downtown Waycross District, all for
any commercial, business, office, public or other use determined by a
majority of the members of the Authority to further the redevelop-
ment of the downtown Waycross area. The purpose of the Authority
is hereby declared to be an essential and public purpose, promoting
GEORGIA LAWS 1981 SESSION
4577
the public good and welfare and benefiting the citizens of the down-
town Waycross area and the city of Way cross. This Act shall be
liberally construed to effect this purpose.
(c) The following terms shall have the meanings specified:
(1) Act shall mean the Act of the General Assembly
approved April 25, 1975 (1975 Ga. Laws p. 4637), as now or
hereafter amended.
(2) Authority shall mean the Downtown Waycross Devel-
opment Authority created pursuant to the Act under and by virtue
of an amendment (set forth as proposed in 1974 Ga. Laws p. 1764
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).
(3) Cost of the project or cost of any project shall mean
and shall include: All costs of acquisition (by purchase or other-
wise), construction, assembly, installation, modification, renova-
tion or rehabilitation incurred in connection with any project or
any part of any project; all costs of real property, fixtures or
personal property used in or in connection with or necessary for
any project or for any facilities related thereto, including, but not
limited to, the cost of all land, estates for years, easements, rights,
improvements, water rights, connections for utility services, fees,
franchises, permits, approvals, licenses and certificates, the cost of
securing any such franchises, permits, approvals, licenses or certif-
icates 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 on
revenue bonds, notes or other obligations of the Authority which
accrues or is paid prior to and during the period of construction of
a project and during such additional period as the Authority may
reasonably determine to be necessary to place such project in
operation; all costs of engineering, surveying, architectural and
legal services and all expenses incurred by engineers, surveyors,
architects and attorneys in connection with any project; all
expenses for inspection of any project; all fees of fiscal agents,
paying agents, trustees for bondholders under any trust agree-
ment, indenture of trust or similar instrument or agreement, all
4578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 fees of any type charged by the Authority in connection
with any project; all expenses of or 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 with respect to any project; repayment of any
loans made for the advance payment of any part of any of the
foregoing costs, including interest thereon and any other expenses
of such loans; 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 instru-
ment or agreement 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
proceeds of revenue bonds, notes or other obligations issued by the
Authority.
(4) Project shall mean the acquisition, construction, instal-
lation, modification, renovation or rehabilitation of land, interests
in land, buildings, structures, facilities and other improvements
located or to be located within the Downtown Waycross District,
and the acquisition, installation, modification, renovation, reha-
bilitation, or furnishing of fixtures, machinery, equipment, furni-
ture and other property of any nature whatsoever used on, in or in
connection with any such land, interest in land, building, struc-
ture, facility or other improvement, all for the essential public
purpose of the redevelopment of the downtown Waycross area. 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 public purpose of
the Authority.
GEORGIA LAWS 1981 SESSION
4579
(5) Revenue bonds and bonds shall mean any bonds of
the Authority which are authorized to be issued under the Consti-
tution and laws of the State of Georgia, including refunding bonds
but not including notes or other obligations of the Authority.
SECTION B. Section 2 of the Act is amended by adding thereto
a new subsection (h) as follows:
(h) 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 must be
approved by a majority vote of the members of the Authority.
SECTION C. Section 6 of the Act is amended by adding thereto
the following subsections:
(m) To sue and to be sued;
(n) To adopt and amend a corporate seal;
(o) To make and execute contracts, agreements and other
instruments necessary or convenient to exercise the powers of the
Authority or to further the public purpose for which the Authority is
created, including but not limited to contracts for construction of
projects, leases of projects, contracts for sale of projects, agreements
for loans to finance projects, and contracts with respect to the use of
projects;
(p) To acquire by purchase, lease or otherwise and to hold, lease
and dispose of real and personal property of every kind and character,
or any interest therein, in furtherance of the public purpose of the
Authority;
(q) To finance (by loan, grant, lease or otherwise), construct,
erect, assemble, purchase, acquire, own, repair, remodel, renovate,
rehabilitate, modify, maintain, extend, improve, install, sell, equip,
expand, add to, operate or manage projects and to pay the cost of any
project from the proceeds of revenue bonds, notes or other obligations
of the Authority or any other funds of the Authority, or from any
contributions 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;
4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(r) 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 agreements or instruments as may be necessary or desir-
able, in the judgment of the Authority, to evidence and to provide
security for such borrowing;
(s) 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 pur-
pose;
(t) To make application directly or indirectly to any federal,
state, county or municipal government or agency or to any other
source, public or private, for loans, grants, guarantees or other
financial assistance in furtherance of the Authoritys public purpose
and to accept and use the same upon such terms and conditions as are
prescribed by such federal, state, county or municipal government or
agency or other source;
(u) To enter into agreements with the federal government or any
agency thereof to use 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;
(v) 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, munici-
pality 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 political subdivision with
which the Authority contracts are by law authorized to undertake;
(w) 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
GEORGIA LAWS 1981 SESSION
4581
may be evidenced or secured by loan agreements, notes, mortgages,
deeds to secure debt, trust deeds, security agreements, assignments or
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 reserve
funds, and, in the exercise of powers granted hereby 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 or requirements for guaranty of
any obligations, insurance, construction, use, operation, maintenance
and financing of a project, and such other terms and conditions, as the
Authority may deem necessary or desirable;
(x) As security for repayment of any revenue bonds, notes or
other obligations of the Authority, to pledge, mortgage, convey,
assign, hypothecate or otherwise encumber any property of the
Authority (including but not limited to real property, fixtures, per-
sonal property and revenues or other funds) and to execute any lease,
trust indenture, trust agreement, agreement for the sale of the
Authoritys revenue bonds, notes or other obligations, loan agree-
ment, mortgage, deed to secure debt, trust deed, security agreement,
assignment or other agreement or instrument as may be necessary or
desirable, in the judgment of the Authority, to secure any such
revenue bonds, notes or other obligations, which instruments or
agreements 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, premium, if any, or interest or in the
performance of any term or condition contained in any such agree-
ment or instrument and any such agreement or instrument encum-
bering such property may be foreclosed in accordance with law and
the terms thereof;
(y) As security for repayment of any revenue bonds, notes or
other obligations of the Authority, to enter into any agreement or
other instrument pursuant to which the Authority agrees to levy ad
valorem taxes (in such amount as the Authority may agree upon but
not in excess of the maximum authorized by this Act) and to pledge,
convey, assign, hypothecate or otherwise encumber amounts received
by the Authority from such taxes, all upon such terms and conditions
as the Authority may deem desirable;
4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(z) To receive and use the proceeds of any tax levied by the
Authority to pay the costs of any project or for any other purpose for
which the Authority may use its own funds pursuant to this Act;
(aa) To use any real property, personal property or fixtures or
any interest therein or to rent or lease such property to or from others
or make contracts with respect to the use thereof, or to sell, lease,
exchange, transfer, assign, pledge, or otherwise dispose of or grant
options for any such property in any manner as it deems to the best
advantage of the Authority and the public purpose thereof;
(bb) To acquire, accept or retain equitable interests, security
interests or other interests in any real property, personal property or
fixtures by loan agreement, note, mortgage, deed to secure debt, trust
deed, security agreement, assignment, pledge, conveyance, contract,
lien, loan agreement or other consensual transfer in order to secure
the repayment of any monies loaned or credit extended by the
Authority;
(cc) To exercise the power of eminent domain for the purpose of
acquiring property in the carrying out of the public purpose of the
Authority; and
(dd) 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 public purpose of the Authority.
The powers enumerated in each paragraph above are cumulative
with and in addition to those enumerated in the other paragraphs
above and elsewhere in this Act, and no such power limits or restricts
any other power of the Authority.
Section D. Section 7 of the Act is amended by deleting Section 7
as it presently exists in its entirety and inserting in lieu thereof the
following as Section 7:
Section 7. The revenue bonds, notes and other obligations herein
authorized to be issued shall not be deemed to constitute a debt of the
City of Waycross within the meaning of Article IX, Section VII,
Paragraph I of the Constitution of the State of Georgia of 1976
(formerly Article VII, Section VII, Paragraph I of the Constitution of
the State of Georgia of 1945), nor a pledge of the faith and credit of
the City of Waycross, nor shall the City of Waycross be subject to any
GEORGIA LAWS 1981 SESSION
4583
pecuniary liability thereon. The revenue bonds, notes and other
obligations shall not be payable from, nor a charge upon, any funds of
the City of Waycross. Any resolution of the Authority authorizing the
issuance of revenue bonds, notes or other obligations or any trust
agreement, indenture of trust or similar instrument or agreement
approved by the Authority may provide: (i) that any holder of such
revenue bonds, notes or other obligations, or any trustee or agent
acting for or on behalf of any such holder or holders, shall have the
right to compel the Authority to levy the special tax provided for by
this Act to pay such bonds, notes or other obligations; or (ii) that no
such holder, trustee or agent shall ever have any right to compel the
Authority to levy a tax, and, in that event, the Authority shall not levy
any tax to pay such bonds, notes or other obligations; or (iii) that any
such holder, trustee or agent may only compel levy of a tax not to
exceed a specified millage rate (less than the maximum authorized by
this Act) and that such right may be exclusive as to such millage rate
or may be non-exclusive as to such millage rate.
Section E. Section 8 of the Act is amended by deleting Section 8
as it presently exists in its entirety and inserting the following in lieu
thereof as Section 8:
Section 8. Revenue bonds, notes or other obligations issued by
the Authority shall be paid solely from the property (including but
not limited to real property, fixtures, personal property, revenues or
other funds) and obligations pledged, mortgaged, conveyed, assigned,
hypothecated or otherwise encumbered to secure or to pay such
bonds, notes or other obligations. All revenue bonds, notes and other
obligations shall be authorized by resolution of the Authority,
adopted by a majority vote of the members of the Authority at a
regular or special meeting. Such revenue bonds, notes or other
obligations shall bear such date or dates, shall mature at such time or
times not more than forty (40) years from their respective dates, shall
bear interest at such rate or rates (which may be fixed or may
fluctuate or otherwise change from time to time), shall be subject to
redemption on such terms, and shall contain such other terms,
provisions, covenants, assignments and conditions as the resolution
authorizing the issuance of such revenue bonds, notes or other
obligations may permit or provide. Revenue bonds, notes or other
obligations (and interest thereon) issued by the Authority are hereby
declared to be tax exempt for any and all purposes. The terms,
provisions, covenants, assignments and conditions contained in or
provided or permitted by any resolution authorizing the issuance of
4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such revenue bonds, notes or other obligations shall bind the mem-
bers of the Authority then in office and their successors. The
Authority shall have power from time to time and whenever it deems
refunding expedient to refund any bonds by the issuance of new
bonds, whether the bonds to be refunded have or have not matured,
and may issue bonds partly to refund bonds then outstanding and
partly for any other purpose permitted under this Act. The refunding
bonds may be exchanged for the bonds to be refunded, with such cash
adjustments as may be agreed upon, or may be sold and the proceeds
applied to the purchase or redemption of the bonds to be refunded.
All bonds issued by the Authority under this Act shall be issued and
validated under and in accordance with the Revenue Bond Law (1937
Ga. Laws p. 761), as heretofore and hereafter amended, except as
provided in this Act, provided that notes and other obligations of the
Authority may, but shall not be required to, be so validated. There
shall be no limitation upon the amount of revenue bonds, notes or
other obligations which the Authority may issue. 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 now or hereafter
amended, the usury laws of the State of Georgia or any other laws of
the State of Georgia shall not apply to revenue bonds, notes or other
obligations of the Authority.
Section F. The Act is amended by adding the following sections
after Section 8 and before the Section originally designated as Section
9, which shall be redesignated as Section 12:
Section 9. Any revenue bonds, notes or other obligations issued
by the Authority under the provisions of this Act are hereby made
securities in which all public officers and bodies of this State, all
counties 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 associa-
tions, 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 obligations of the State may properly and
legally invest funds including capital in their control or belonging to
them. The revenue bonds, notes or other obligations 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, all
GEORGIA LAWS 1981 SESSION
4585
counties and all municipalities and municipal subdivisions for any
purpose for which the deposit of the bonds or the other obligations of
this State is now or may hereafter be authorized.
Section 10. The exercise of the powers conferred upon the
Authority hereunder shall constitute an essential governmental func-
tion 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 activi-
ties 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 11. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such declaration or adjudication shall in no manner affect
the other sections, subsections, sentences, clauses, or phrases of this
Act, which shall remain in 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 G. In the event any section, subsection, sentence, clause
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such declaration or adjudication shall in no manner affect
the other sections, subsections, sentences, clauses or phrases of this
Act, which shall remain in 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 H. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section I. All laws and parts of laws in conflict with this Act are
hereby repealed.
4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend the
act (1975 Ga. Law P. 4637) passed by the General Assembly of
Georgia in 1975 creating the Downtown Waycross Development
Authority; to amplify, expand and declare the purpose and objectives
of the Authority; to define certain terms; to amplify, expand and
declare the powers of the Authority, and for other purposes.
This 31 day of January, 1981.
A. P. Hurst, Jr.
Chairman,
Downtown Waycross
Development Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Harry 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 31,
February 7,14,1981.
/s/ Harry Dixon
Representative,
151st District
Sworn to and subscribed before me,
this 20th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4587
TATTNALL COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 699 (House Bill No. 810).
AN ACT
To amend an Act creating and establishing a Small Claims Court
of Tattnall County, approved April 17,1975 (Ga. Laws 1975, p. 3684),
so as to change the jurisdiction of said court; to delete the provisions
relating to service by registered mail; to change the provisions relating
to costs; to delete the provisions relating to jury trials; to change the
provisions relating to appeals; to change the fees for the execution of
fi. fas.; to provide for other matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims
Court of Tattnall County, approved April 17,1975 (Ga. Laws 1975, p.
3684), is hereby amended by striking the figure 1,500.00 in Section
1 in its entirety and inserting in lieu thereof the figure 2,500.00, so
that Section 1, when so amended, shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court for Tattnall County, Georgia, to be known as the Small
Claims Court of Tattnall County, which court shall have civil juris-
diction in cases at law 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 laws of the State of Georgia.
4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section 6 in
its entirety and inserting in lieu thereof a new Section 6 to read as
follows:
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
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. The judge or clerk may, at the request of any individual,
prepare the statement of claim and other papers required to be filed
in an action.
(b) A copy of the certified 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
in the county by any official or person authorized by law to serve
process in the superior court or by a duly qualified bailiff of said small
claims court or by any person not a party to or otherwise interested in
the suit, especially appointed by the judge of said court for that
purpose.
(c) When served by a private individual, as hereinbefore pro-
vided, he 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 costs 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear when the claim
of the plaintiff is for a liquidated amount. When the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(f) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than 30 days from the date
of the service of said notice.
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:
GEORGIA LAWS 1981 SESSION
4589
Section 8. (a) The plaintiff, when he files his claim, shall deposit
with the court a sum, in accordance with the schedule set forth in
subsection (b) of this section, 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.
(b) The sum to be deposited by the plaintiff with the court shall
be as follows:
When the amount of the claim is: The deposit shall be:
Up to $500 .............................................$ 10.00
Over $500 but not over $1,000 .......................... 15.00
Over $1,000 but not over $1,500 ........................ 20.00
Over $1,500 but not over $2,000 ........................ 25.00
Over $2,000............................................. 30.00
(c) 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 deter-
mined by the judge of said small claims court. The judge 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 illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
Section 4. Said Act is further amended by striking Section 15,
which reads as follows:
Section 15. Jury trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. Unless
otherwise demanded, such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and the defendant having three
4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.,
in its entirety.
Section 5. 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. 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, tbe same to be a de novo appeal.
Section 6. Said Act is further amended by striking the figure
4.00 in Section 25 in its entirety and inserting in lieu thereof the
figure 5.00, so that Section 25, when so amended, shall read as
follows:
Section 25. The fee of bailiff for the execution of a fi. fa. shall be
$5.00, 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 10 percent of the first $250.00 and 5 percent on all sums over
that amount with a minimum of $3.00.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of Tattnall County, approved
April 17,1975(Ga. Laws 1975, p. 3684); and for other purposes.
This 19th day of January, 1981.
Frank McCall
GEORGIA LAWS 1981 SESSION
4591
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clinton Oliver who, on oath, deposes
and says that he/she is Representative from the 121st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Tattnall Journal which is the official
organ of Tattnall County, on the following dates: January 22, 29,
February 5,1981.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 9th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
CITY OF AUGUSTACIVIL SERVICE COMMISSION.
No. 701 (House Bill No. 815).
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,
4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Georgia Laws 1798), as amended by various amendatory Acts, and
particularly that amendatory Act approved February 15, 1952 enti-
tled Augusta Civil Service Commission, (Georgia Laws 1952, Page
2771), and the several subsequent amendatory Acts thereof, (Georgia
Laws 1953, Page 3282; 1961, Page 2360; 1962, Page 2662; 1963, Page
3314; 1965, Page 2311; 1968, Page 2703; 1968, Page 2909; 1978, Page
4157), so as to remove from said Civil Service Commission the
authority to employ, promote, suspend, demote, and discharge all
members of the Augusta Police and Fire Departments; to authorize
said City Council of Augusta, by appropriate Ordinance or Resolu-
tion, to invest in said Civil Service Commission authority sufficient
for said Commission to hear and determine employment related
grievances brought by members of said Police and Fire Departments;
to authorize the said City Council of Augusta, by appropriate Ordi-
nance or Resolution, to establish a system of personnel management
for said Police and Fire Departments; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That the Charter of the City of Augusta, incorporated
as the City Council of Augusta, by an Act approved January 31,1798,
and particularly the amendatory Acts approved February 15, 1952
entitled Augusta Civil Service Commission, as amended, is hereby
further amended by striking and repealing in their entirety the
following Sections of the said Act approved February 15, 1952, as
amended:
Section 5, appearing at Page 2774, 1952 Georgia Laws;
Section 6, appearing at Page 2774, 1952 Georgia Laws;
Section 7, appearing at Pages 2774-2779, 1952 Georgia
Laws;
Section 8, appearing at Page 2779, 1952 Georgia Laws;
Section 9, appearing at Page 2780, 1952 Georgia Laws;
Section 10, appearing at Page 2780, 1952 Georgia Laws;
Section 11, appearing at Pages 2780-2781, 1952 Georgia
Laws;
Section 14, appearing at Page 2781, 1952 Georgia Laws;
and
Section 15, appearing at Pages 2781-2782, 1952 Georgia
Laws.
GEORGIA LAWS 1981 SESSION
4593
Section 2. In lieu of the foregoing repealed Sections, Section 5 of
the said Act, as amended, is hereby restated as follows:
Section 5. The City Council of Augusta is hereby authorized by
appropriate Ordinance or Resolution to invest in said Civil Service
Commission, full authority to hear and determine all employment
related grievances brought by members of the Police and Fire Depart-
ments of the said City of Augusta. City Council is hereby further
authorized to establish by appropriate Ordinance or Resolution, a
system for the lawful, effective and efficient management of all
personnel in its Police and Fire Departments, including the authority
to employ, promote, suspend, demote, discharge and discipline all
members of the said departments.
Section 3. Repealer. All laws and parts of laws in conflict
herewith are hereby repealed.
Section 4. Effective Date. This Act shall take effect on July 1,
1981.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that Local Legislation will be introduced at
the January-February, 1981 Session of the General Assembly of
Georgia, to amend the Charter and Laws pertaining to the City
Council of Augusta, Georgia; so as to amend the portions of the City
Charter dealing with the authority of the Civil Service Commission
regarding the Fire Department to conform with the authority exer-
cised by the Police Department of the City Council of Augusta.
Samuel F. Maguire
Attorney for the City
Council of Augusta,
Georgia
4594 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: January 21, 28,
and February 4,1981.
/s/ Jack Connell
Representative,
87th District
Sworn to and subscribed before me,
this 16th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
CLARKE COUNTYCOMPENSATION OF BOARD OF
COMMISSIONERS.
No. 702 (House Bill No. 836).
AN ACT
To amend an Act creating the Board of Commissioners of Clarke
County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as
GEORGIA LAWS 1981 SESSION
4595
amended by an Act approved March 21, 1976 (Ga. Laws 1976, p.
3628), an Act approved March 13,1978 (Ga. Laws 1978, p. 3373), and
an Act approved April 19, 1979 (Ga. Laws 1979, p. 4311), so as to
change the provisions regarding compensation and expense allow-
ances for the chairman and the members of the Board; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Clarke County, approved March 29,1973 (Ga. Laws 1973, p. 2467), as
amended by an Act approved March 21, 1976 (Ga. Laws 1976, p.
3628), an Act approved March 13,1978 (Ga. Laws 1978, p. 3373), and
an Act approved April 19, 1979 (Ga. Laws 1979, p. 4311), is hereby
amended by designating the existing text of Section 8 as subsection
(a) and adding a new subsection (b) of Section 8 to read as follows:
(b) The Board may by resolution provide that, in addition to all
other expenses and compensation allowed, the Chairman and each
member of the Board may be reimbursed for actual expenses incurred
in the performance of their duties in an amount not to exceed one
hundred dollars ($100.00) per month. Such reimbursement of actual
expenses, if so authorized, shall be in addition to the compensation
and monthly expense allowance provided by subsection (a) and shall
be payable under such conditions as the Board may by resolution
provide.,
so that when so amended said Section 8 shall read as follows:
Section 8. Compensation, (a) The Chairman of the Board
shall be compensated in the amount of eight thousand four hundred
dollars ($8,400.00) per annum, to be paid in equal monthly install-
ments, and he shall also receive an annual travel and expense allow-
ance of one thousand two hundred dollars ($1,200.00) per annum,
payable in equal monthly installments. The other four members of
the Board shall be compensated in the amount of forty-eight hundred
dollars ($4,800.00) per annum each, to be paid in equal monthly
installments, and they shall also receive an annual travel and expense
allowance of one thousand two hundred dollars ($1,200.00) per
annum each, payable in equal monthly installments. Said sums shall
be paid from the funds of Clarke County. The salary and expense
allowance so fixed shall constitute the entire compensation from all
sources to which the Chairman or any Commissioner shall be entitled.
4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
They shall not be entitled to any further compensation for serving on
any other boards or authorities by virtue of their office.
(b) The Board may by resolution provide that, in addition to all
other expenses and compensation allowed, the Chairman and each
member of the Board may be reimbursed for actual expenses incurred
in the performance of their duties in an amount not to exceed one
hundred dollars ($100.00) per month. Such reimbursement of actual
expenses, if so authorized, shall be in addition to the compensation
and monthly expense allowance provided by subsection (a) and shall
be payable under such conditions as the Board may by resolution
provide.
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 local legislation will be introduced in
the 1981 Session of the General Assembly of Georgia to amend an Act
creating the Board of Commissioners of Clarke County, approved
March 29, 1973 (Ga. Laws 1973, p. 2467), as amended by an Act
approved March 21,1976 (Ga. Laws 1976, p. 3628), an Act approved
March 13, 1978 (Ga. Laws 1978, p. 3373) and an Act approved April
19,1979 (Ga. Laws 1979, p. 4311), to change the provisions regarding
compensation and expense allowances for the chairman and the
members of the Board and for other purposes.
This 24th day of December, 1980.
Hugh Logan
Representative,
District 62
Bob Argo
Representative,
District 63
GEORGIA LAWS 1981 SESSION
4597
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Argo who, on oath, deposes and
says that he/she is Representative from the 63rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Athens Observer which is the official organ of
Clarke County, on the following dates: January 8,15,22,1981.
/s/ Bob Argo
Representative,
63rd District
Sworn to and subscribed before me,
this 19th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
TIFT COUNTYSMALL CLAIMS COURT CREATED.
No. 703 (House Bill No. 877).
AN ACT
To create and establish a Small Claims Court in Tift County; to
provide for the initial judge; to provide for the appointment, duties,
powers, compensation, qualifications, substitution and tenure of
office of the judge of such small claims court; to prescribe the
4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
jurisdiction, the pleading, practice and service of process therein; to
provide for a clerk and prescribing his remuneration; to validate acts
and proceedings therein; to provide for the continuation of certain
processes, actions, suits, and cases; to provide for other matters
relative to the foregoing; to provide for legislative intent; to provide
for severability; to provide an effective date; to provide conditions for
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 and established a Small
Claims Court of Tift County. Such court shall have civil jurisdiction
in cases at law in which 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 Tift County. Said
jurisdiction shall include the power to issue writs of garnishment and,
in addition to the powers herein specifically granted, also all the
powers granted to justices of the peace by the laws of the State of
Georgia.
Section 2. (a) The judge of the small claims court in Tift County
who is serving on the effective date of this Act shall serve until the
expiration of his current term of office and until his successor is
appointed and qualified under subsection (b).
(b) Thereafter the Governor shall appoint a citizen of Tift
County to be judge of the small claims court for a term of four years
and until his successor is appointed and qualified. Each judge so
appointed shall be exempt from jury duty of any other court in Tift
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 party may apply to the
judge of the Small Claims Court to appoint another qualified person
to hear the case. In the event the judge of the Small Claims Court
shall be unable to so appoint another qualified person, then any party
may apply to the judge of the superior court of Tift County to so
appoint a qualified person to hear the case. A qualified person shall be
the judge of the superior court of Tift County, the judge of the
probate court of Tift County, or any judge of a city court located in
Tift County. The qualified person appointed shall perform such
GEORGIA LAWS 1981 SESSION
4599
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. He shall
further be entitled to the same remuneration as would the judge of
the Small Claims Court, had said judge heard the case.
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 to 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-
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. The judge or clerk may at the request of any individual,
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
in Tift County by any official or person authorized by law to serve
process in circuit courts; or by registered mail or certified mail with
return receipt; or by any person not a party to or otherwise interested
in the suit, especially appointed by the judge 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,
verification and 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 on the record the
date and hour of mailing. 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 sender by U. S. postal
authorities marked refused, giving the date of refusal, and such
notation of refusal is signed or initialed by a U. S. Post Office
employee or U. S. mail carrier to whom refusal was made, then the
4600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 above provided, he
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. 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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of the defendant to appear, when the
claim of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall provide the day and hour of the hearing,
which shall not be less than five nor more than fifteen days from the
date of the service of said notice; provided, however, that where
service is made by registered mail or certified mail the date of mailing
shall be the date of service.
Section 7. A docket shall be maintained in which shall be
indicated every proceeding and ruling had in each case.
Section 8. The plaintiff, when he files his claim, shall deposit
with the court the sum of $15.00 which shall cover all cost of the
proceeding up to and including the rendering of a judgment, except
the cost of serving process or notice to defendants; but the deposit of
costs in cases of garnishment, trover, statutory foreclosures on per-
sonalty, and replevin by possessory warrant, shall be $15.00, and in
other matters (not specifically mentioned here) the costs shall be
$15.00, and in claim cases and illegalities, instituted by a third party
after levy, the costs shall be $15.00, 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 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.
GEORGIA LAWS 1981 SESSION
4601
Section 9. Whenever a claim affidavit and bond is filed by a
third party claiming personal property that has been attached or
levied upon under an 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 $15.00 for every such
claim case. The same practice and procedure shall apply in cases of
illegality affidavits. The 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 10. (a) On that day set for the hearing, or such latter
time as the judge may set, the trial shall be had. 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 the 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, and 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, or 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, or 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
251
4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
jurisdiction of the court, he may use a part hereof 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, and to
stay executions, 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. For each
partial payment made to the court under such order, a fee of $1.50 will
be charged to the party upon whom judgment has been rendered.
Section 13. The Judge of the Superior Court presiding in Tift
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, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof.
Section 14. The judge of such 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 Tift County, such bailiffs to serve
at the pleasure of the judge and under his discretion, and a person so
appointed shall be known and designated as Small Claims Court
Bailiff and have the powers and authority, and be subject to the
penalties, of all lawful constables of the State of Georgia, including
the power to serve any and all processes and writs issued from or by
said Small Claims Court, with power, also, to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment
as such, take and subscribe the oath of office as prescribed in section
24-804 and give the bond prescribed in section 24-811 of the Code of
Georgia, and such bailiffs shall be subject to be ruled for failure of
duty or malfeasance in office as are other lawful constables of this
State.
Section 15. Jury Trials may be had upon demand of the plaintiff
at the time of the commencement of his suit or by the defendant
within five days after service of notice of suit by depositing with the
judge or his clerk such sum as the judge may fix as reasonable to
secure payment of cost incurred by reason of a jury trial. Unless
GEORGIA LAWS 1981 SESSION
4603
otherwise demanded such juries shall consist of six persons chosen
from twelve veniremen, the plaintiff and defendant having three
strikes each. The judge or clerk shall have the power to subpoena
jurymen and witnesses.
Section 16. Judgments of the Small Claims Court shall become a
lien on the real estate and personal property of a defendant, situated
in any county, from the time of the filing in the office of the Clerk of
the Superior Court for such county, of an execution based upon such
judgment and the entry thereof 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 law for appeals from the probate court to the
superior court, shall be applicable to appeals from the Small Claims
Court to the superior court.
Section 18. Until otherwise provided by rules of court the
statement of claims, verification, and notice shall be in the following
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.
Address
County, Georgia
Georgia
Plaintiff
Address
vs.
Defendant
4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Statement of Claim.
(Here the plaintiff, or at his request the court, will insert a statement
of the plaintiffs claim, and the original to be filed with the court, may
if action is on a contract, express or implied 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 or plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or agent)
Sworn and subscribed before me this__________day of_____________, 19
Notary Public
Notice.
To__________
Defendant
Home Address
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).
You are required to be present at the hearing in order to avoid a
judgment by default against you.
GEORGIA LAWS 1981 SESSION
4605
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
Section 19. All acts performed by the judge or clerk and all
proceedings before the small claims court are hereby validated.
Section 20. All forms, docket books, file jackets, filing cabinets
and the like, required by this Act shall be furnished by the county
commissioners.
Section 21. Such Small Claims Courts having no designated
terms at stated periods, the judge thereof shall in each instance, set
dates for all hearings and trials in every kind of case, and, also
designate the times when executions are returnable and, also desig-
nate the time when each answer to a summons of garnishment shall be
filed, but no garnishee may be required to file his answer sooner than
30 days after he is served with summons. Whenever a garnishee shall
fail to answer at the time so stated in the summons served upon him,
unless the court in its discretion extends the time for filing, the judge
may forthwith render judgment immediately and issue an execution
against the garnishee in favor of the plaintiff for the amount previ-
ously adjudged to be due the plaintiff by the original defendant, and
also for costs in the garnishment proceeding, but no judgment shall be
rendered against a garnishee before a final judgment shall have first
been rendered against the defendant.
Section 22. A summons of garnishment may be served by the
sheriff or his deputies, or by a lawful constable, or by a Small Claims
Court bailiff, or by the judge of the Small Claims Court; or it may be
served by registered or certified mail, provided such service by mail is
evidenced by a properly signed return receipt, which receipt shall be
4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
attached to the original garnishment affidavit, or to the writ of
attachment; provided further, it shall be prima facie evidence of
service on the garnishee if the sealed envelope in which said summons
was mailed to the garnishee by registered or certified mail is returned
to sender by U. S. postal authorities marked refused, giving the
date of refusal and be signed or initialed by a U. S. Post Office
employee or U. S. mail carrier to whom refusal was made. Whenever
served 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 or on the back of a conformed copy of
the original summons of garnishment which was given to the gar-
nishee, or such entry of service may be made on a separate paper and
attached to the said garnishment affidavit or the writ of attachment,
as the case may be.
Section 23. The judge of the Small Claims Court shall have the
power to impose fines of not more than $40.00 or imprison for not
longer than 72 hours any person guilty of contempt of court, such
fines to be paid into the Tift County treasury or depository for county
purposes.
Section 24. The fee of bailiff for the execution of a fi fa shall be
$7.50, 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%) on the first $250.00 and five percent
(5%) on all sums over that amount, with a minimum of $7.50.
Section 25. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Tift County as
it exists on the effective date of this Act shall be continued and shall
be the same in the Small Claims Court of Tift County which is created
by this Act.
Section 26. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Tift County. It is the further intent of
the General Assembly that the court created by this Act shall be a
continuation of the heretofore existing small claims court in Tift
County as created by an Act approved March 11, 1964 (Ga. Laws
1964, p. 2944), as amended, which court shall stand abolished by
action of the General Assembly effective July 1,1981.
Section 27. In the event any section, subsection, sentence,
clause, or phrase of this Act shall be declared or adjudged invalid or
GEORGIA LAWS 1981 SESSION
4607
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 uncon-
stitutional 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 28. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in each county in this
State having a population of not less than 23,300 and not more than
23,699 according to the U. S. Decennial Census of 1960 or any future
such census; to provide for the appointment, duties, powers, compen-
sation, qualifications, substitution and tenure of office of the judge of
such small claims court; to prescribe the jurisdiction, the pleading,
practice and service of process therein; to provide for a clerk and
prescribing his remuneration; to validate acts and proceedings
therein; to provide an effective date; to repeal conflicting laws; and for
other purposes., approved March 11,1964 (Ga. Laws 1964, p. 2944),
as amended by an Act approved March 27, 1965 (Ga. Laws 1965, p.
2678) and an Act approved April 24,1975 (Ga. Laws 1975, p. 4551); to
provide an effective date; to provide conditions for the effective date;
to repeal conflicting laws; and for other purposes. does not pass the
1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 29. All laws and parts of laws in conflict with this Act
are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced at the regular 1981 session of the
General Assembly of Georgia to create a Small Claims Court in Tift
County, set limits, fees, rules and regulations, and for other purposes.
4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Reinhardt, Whitley
& Rogers, P. C.
Attorneys for Tift County
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: January 10,17,24,1981.
/s/ Monty Veazey
Representative,
146th District
Sworn to and subscribed before me,
this 23rd day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4609
CITY OF ALPHARETTANEW CHARTER.
No. 704 (House Bill No. 878).
AN ACT
To amend, consolidate, create, revise and supersede the several
Acts incorporating the City of Alpharetta, in the County of Fulton,
State of Georgia, and all amendments in respect thereto; to create a
new charter of said corporation; to provide a municipal government
therefor; to define the territorial limits of said City; to provide for a
Mayor and Council and to define their powers and duties; to provide
the punishment of violators of the ordinances, rules and regulations
of said municipality; to define the special powers and duties of the
Mayor; to provide for elections of Mayor and Councilmembers and
define their qualifications, terms of office, their meetings and method
and manner of filling vacancies; to provide for election managers,
their oaths and duties, their compensation; to provide for registration
of voters and preparation of lists of voters; to define method of
holding elections, for declaring the results thereof; to provide the
selection of Mayor pro tern., to define his qualifications, duty and
term of office; to provide for registrars, to define their duties, com-
pensation and term of office; to provide for appeals from decisions of
registrars, municipal court of Alpharetta, City Council, arbitrators
and other appeals; to provide for the appointment or election of a
clerk, marshal, chief of police, treasurer, health officer, city attorney,
recorder, and other officers and employees, to define their duties and
powers; to provide for salary and compensation of officers and
employees of Alpharetta, to provide for the reading and consideration
of orders, ordinances, rules and regulations how they may be adopted,
be approved, be vetoed, and how the same may become valid; to grant
and provide for eminent domain and define how and when exercised;
to provide for bonds of offenders; to provide for return of property for
tax purposes, to establish values, to appoint appraisers, to define their
duties and qualifications, to provide for arbitration of property values
for tax purposes; to provide for raising revenue by taxes, licenses and
otherwise; to provide for the collection of the same by execution and
otherwise; to provide for street and land paving; to assess costs
thereof and the collection of the same; to provide for the issuance of
bonds, revenue certificates and similar forms of indebtedness, their
sale and lien; to provide for sewer and water connection, the installa-
tion of sanitary equipment and fixtures, to provide penalties for
refusal or noncompliance; to provide for extension of water and sewer
4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mains and system; to provide for dog tax and treatment, prescribing
the penalties therein; to provide for general police protection and
sanitary health measures and requirements; to provide for a street
tax; to provide for zoning regulations and ordinances; to provide for a
jail, guard house and other places of detention; to appoint a municipal
judge and to define his duty and term of office; to provide for and
define a municipal court, to specify its jurisdiction and powers and
appeal therefrom; to divisions of land; to provide for assistance for
arresting officers; to provide for building permits; to provide for
traffic regulations as well as speed, parking and travel; to provide for
franchises; to provide for sales by officers and passage of title and
possession; to define and provide punishment for vagrancy; to provide
for a cemetery; to provide for abatement of nuisances, the use of
firearms and fireworks; to provide fees and costs of officers and
collection thereof; to provide for ownership, rental, use, distribution
of public service and utilities; to provide when and how claims or
demands are filed; to provide for supervision of Sabbath Day activi-
ties; to provide for supervision of sales, storage and dispensing of malt
or alcoholic drinks or beverages; to provide for punishment for
violation of any orders, ordinances, rules, regulations of Alpharetta;
to provide for severance of enactment of charter, to define, prescribe,
and enumerate the rights, powers, authority and governmental juris-
diction of the City of Alpharetta, its Mayor, Council, and other
officers and employees as well as to provide powers, rights and
authority to enforce and carry out the rights and privileges granted; to
repeal conflicting laws and ordinances; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I CREATION, INCORPORATION, POWERS
Section 1.10. Name. This City and the inhabitants thereof, are
hereby constituted and declared a body politic and corporate under
the name and style of City of Alpharetta, Georgia, and by that name
shall have perpetual succession.
Sectionl.il. Corporate boundaries, (a) The boundaries of this
City shall be those existing on the effective date of the adoption of
this Charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this City at all
times shall be shown on a map, a written description or any combina-
tion thereof, to be retained permanently in the office of City Clerk
and to be designated, as the case may be: Official Map (or descrip-
GEORGIA LAWS 1981 SESSION
4611
tion) of the Corporate Limits of the City of Alpharetta, Georgia.
Photographic, typed, or other copies of such map or description
certified by the City Clerk shall be admitted as evidence in all courts
and shall have the same force and effect as with the original map or
description. A copy of the Official Map of the City is hereto
attached and made a part hereof as if specifically described.
(b) The City Council may provide for the redrawing of any such
map by ordinance to reflect lawful changes in the corporate bound-
aries. A redrawn map shall supersede for all purposes the earlier map
or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) This City shall have
all powers possible for a City to have under the present or future
constitution and laws of this State as fully and completely as though
they were specifically enumerated in this charter.
(b) The powers of this City shall be construed liberally in favor
of the City. The specific mention or failure to mention particular
powers shall not be construed as limiting in any way the powers of this
City.
Section 1.13. Examples of powers. The corporate powers of this
City may include but are not limited to the following:
(1) Property taxes. To levy and to provide for the assess-
ment, valuation, revaluation, and collection of taxes on all prop-
erty 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 pro-
vide 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 appropria-
tions for the support of the government of the City, to authorize
the expenditure of money for any purpose authorized by this
charter and for any purpose for which a municipality is authorized
4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the law 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 author-
ity, under Title 36 (Eminent Domain) of the Code of Georgia,
1933, or under other applicable Public Acts as are or may be
enacted;
(9) Municipal utilities. To acquire, lease, construct, oper-
ate, 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) 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 valid regula-
tions by the Public Service Commission;
GEORGIA LAWS 1981 SESSION
4613
(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 charita-
ble, cultural, educational, recreational, conservation, sport, cur-
ative, 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 Title 36 of the Code of Georgia, 1933, or
other applicable Public Acts, as are or may be enacted;
(13) Building regulation. To regulate the erection and con-
struction 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;
(14) 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;
(15) Public peace. To provide for the prevention and punish-
ment of drunkness, riots, and public disturbances;
(16) Special areas of public regulation. To regulate or pro-
hibit junk dealers, pawn shops, the manufacture, sale or trans-
portation of intoxicating liquors, the use and sale of firearms, to
regulate the transportation, storage and use of combustible, explo-
sive 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
4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conduct of peddlers, and itinerant trades, theatrical perfor-
mances, exhibitions, shows of any kind whatever, by taxation or
otherwise; to license, tax, regulate, or prohibit professional fortune
telling, palmistry, adult bookstores, and massage parlors;
(17) 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 punish-
ment for violation of such ordinances;
(18) Health and sanitation. To prescribe standards of health
and sanitation and to provide for the enforcement of such stan-
dards;
(19) Air and water pollution. To regulate the emission of
smoke, chemical and other noxious fumes, vehicle exhaust and
other air pollutants which are admitted into the air space of the
City; and to regulate and control any and all chemical, trash,
unclean, impure or corrupt material that may be exposed to the
water flowing in, around and through the City;
(20) 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;
(21) Public hazards, removal. To provide for the destruction
and removal of any building or other structure which is or may
become dangerous or detrimental to the public;
(22) Solid waste disposal. To provide for the collection and
disposal of garbage, rubbish and refuse and to regulate the collec-
tion and disposal of garbage, rubbish and refuse by others; and to
provide for the separate collection of glass, tin, aluminum, card-
board, paper, and other recyclable materials and to provide for the
sale of such items;
(23) Garbage fees. To levy, fix, assess, and collect a garbage,
refuse and trash collection and disposal and other sanitary service
GEORGIA LAWS 1981 SESSION
4615
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;
(24) Sewer fees. To levy a fee, charge or sewer tax as
necessary to assure the acquiring, constructing, equipping, operat-
ing, 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;
(25) Nuisance. A nuisance shall be defined and abated as
provided by Georgia Code Annotated, Title 72, et seq., as
amended;
(26) 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;
(27) Jail sentences. To provide that persons given jail sen-
tences in the Citys Municipal 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;
(28) 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 destruction, when not redeemed as provided by ordi-
nance; to provide punishment for violation of ordinance enacted
hereunder;
4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(29) 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;
(30) 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 insur-
ance on such vehicles in the amounts to be prescribed by ordi-
nance; and to regulate and rent parking spaces in public ways for
the use of such vehicles;
(31) Pensions. To provide and maintain a system of pensions
and retirement for members of the governing authority and
employees of the City as provided by Georgia Code Annotated 69-
1019 as amended;
(32) Special assessments. To levy and provide for the collec-
tion of special assessments to cover the costs for any public
improvements;
(33) 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, and
limited only by the dictates of Georgia Code Annotated Title 69-
202 as amended; but all contracts involving $100.00 or more shall
be let for bids after at least three bids are requested;
(34) 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;
(35) 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;
(36) Police and fire protection. To exercise the power of
arrest through duly appointed policemen and to organize and
operate a fire fighting agency;
(37) Emergencies. To establish procedures for determining
and proclaiming that an emergency situation exists within or
GEORGIA LAWS 1981 SESSION
4617
without the City, and to make and carry out all reasonable
provisions deemed necessary to deal with or meet such an emer-
gency for the protection, safety, health or well-being of the citizens
of the City;
(38) Urban redevelopment. To organize and operate an
urban redevelopment program;
(39) Public transportation. To organize and operate such
public transportation systems as are deemed beneficial;
(40) General health, safety, and welfare. To define, regulate
and prohibit any act, practice, conduct or use of property which is
detrimental to health, sanitation, cleanliness, welfare, and safety
of the inhabitants of the City and to provide for the enforcement
of such standards;
(41) Other powers. To exercise and enjoy 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 1.14. Exercise of powers. All powers, functions, rights,
privileges and immunities of the City, its officers, agencies or employ-
ees 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.
4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE II
GOVERNMENT STRUCTURE
Section 2.10. City Council creation; composition; number;
election. The legislative authority of the government of this City
except as otherwise specifically provided in this charter, shall be
vested in a City Council to be composed of a Mayor and six Council-
members. The Mayor and Councilmenbers shall be elected in the
manner provided by Article V of this charter.
Section 2.11. City Council terms and qualification for office.
The Mayor and the members of the City Council shall serve for terms
of four years and until their respective successors are elected and
qualified. Terms of office shall begin on January 2 immediately
following the date of election to office for all persons elected at regular
elections. No person shall be eligible to serve as Mayor or Council-
member unless he or she shall have been a resident of the City for a
period of six months immediately prior to the date of the election of
Mayor or members of the City Council; shall h?ve attained the age of
twenty-one years by the date of the election; shall continue to reside
therein during his or her period of service; and shall be registered and
qualified to vote in municipal elections of this City.
Section 2.12. Vacancy: filling of vacancies, (a) Vacancies - The
office of Mayor or Councilmember shall become vacant upon the
incumbents death, resignation, forfeiture of office or removal from
office in any manner authorized by this charter or the general laws of
the State of Georgia.
(b) Filling of vacancies - A vacancy in the office of Mayor or
Councilmember shall be filled for the remainder of the unexpired
term, if any, as provided for in Article V.
Section 2.13. Compensation and expenses. The Mayor and
Councilmembers shall receive starting compensation for their ser-
vices in the following amounts, to wit:
(a) Mayor $700.00 per month.
(b) Councilmember $250.00 per month.
The said compensation shall be amended from time to time for
good cause shown and in accordance with Title 69, Section 1019,
Georgia Code Annotated, as amended.
GEORGIA LAWS 1981 SESSION
4619
The Mayor and Councilmembers shall be entitled to receive their
actual and necessary expenses incurred in the performance of their
official duties.
Section 2.14. Prohibitions, (a) Conflict of interest. No elected
official, appointed officer, or employee of the City or any agency or
political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial
or other personal interest, direct or indirect, which is incompatible
with the proper discharge of his official duties or which would tend
to impair his independence of judgment or action in the perfor-
mance of his official duties;
(2) Engage in or accept private employment or render ser-
vices for private interests when such employment or service is
incompatible with the proper discharge of his official duties or
would tend to impair the independence of his judgment or action
in the performance of his duties;
(3) Disclose confidential information concerning the prop-
erty, government, or affairs of the governmental body by which he
is engaged without proper legal authorization, or use such infor-
mation to advance the financial or other private interest of himself
or others;
(4) Accept any valuable gift, whether in the form of service,
loan, thing, or promise, from any person, firm, or corporation
which to his knowledge is interested, directly or indirectly, in any
manner whatsoever in business dealings with the governmental
body by which he is engaged; provided, however, that an elected
official who is a candidate for public office may accept campaign
contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or pro-
ceeding against this City or any portion of its government;
(6) Vote or otherwise participate in the negotiation or the
making of any contract with any business or entity in which he has
a financial interest.
(b) Disclosure. Any elected official, appointed officer, or
employee who shall have any private financial interest, directly or
4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
indirectly, in any contract or matter pending before or within any
department of the City shall disclose such private interest to the City
Council. The Mayor or any Councilmember who has a private
interest in any matter pending before the City Council shall disclose
such private interest and such disclosure shall be entered on the
records of the City Council and he shall disqualify himself from
participating in any decision or vote relating thereto. Any elected
official, appointed officer, or employee of any agency or political
entity to which this charter applies who shall have any private
financial interest, directly or indirectly, in any contract or matter
pending before or within such entity shall disclose such private
interest to the governing body of such agency or entity.
(c) Use of public property. No elected official, appointed officer,
or employee of the City or any agency or entity to which this charter
applies shall use property owned by such government for personal
benefit, convenience, or profit except in accordance with policies
promulgated by the City Council or the governing body of such
agency or entity.
(d) Contracts voidable and rescindable. Any violation of this
section which occurs with the knowledge, express or implied, of
another party to a contract or sale shall render said contract or sale
voidable as to that party, at the option of the City Council.
(e) Ineligibility of elected officials. Except where authorized by
law, neither the Mayor nor any Councilmember shall hold any other
elective or compensated appointive office in the City or otherwise be
employed by said government or any agency thereof during the term
for which he was elected.
(f) Political activities of certain officers and employees. No
appointive officer and no employee of the City shall continue in such
employment upon qualifying as a candidate for nomination or elec-
tion to any public office for the City of Alpharetta.
(g) Penalties for violation.
(1) Any City officer or employee who knowingly conceals
such financial interest or knowingly violates any of the require-
ments of this section shall be guilty of malfeasance in office or
position and shall be deemed to have forfeited his office or
position.
GEORGIA LAWS 1981 SESSION
4621
(2) Any officer or employee of the City who shall forfeit his
office or position as described in (1) above, shall be ineligible for
appointment or election to or employment in a position in the City
government for a period of three years thereafter.
Section 2.15. Inquiries and investigation. The City Council
may make inquiries and investigations into the affairs of the City and
the conduct of any department, or agency thereof and for this purpose
may subpoena witnesses, administer oaths, take testimony, and
require the production of evidence. Any person who fails or refuses to
obey a lawful order issued in the exercise of these powers by the City
Council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the City Council.
Except as othewise 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 2.17. Oath of office. The Mayor and each member of
Council, before entering upon the duties of office, shall take and
subscribe the following oath:
I do solemly 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 2.18. Regular and special meetings, (a) The City
Council shall hold regular meetings at such times and places as
prescribed by ordinance.
(b) Special meetings of the City Council may be held on call of
the Mayor or three members of the City Council. Notice of such
special meetings shall be served on all other members personally, or
by telephone personally, at least 24 hours in advance of the meeting.
Such notice to Councilmembers shall not be required if the Mayor
and all Councilmembers are present when the special meeting is
called. Such notice of any special meeting may be waived by a
Councilmember in writing before or after such a meeting, and atten-
dance at the meeting shall also constitute a waiver of notice on any
business transacted in such Councilmembers presence. Only the
business stated in the call may be transacted at the special meeting.
4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) All meetings of the City Council at which any official action is
to be taken shall be public to the extent required by Title 40, Section
3301, et seq., Georgia Code Annotated, as amended; and notice of
such meetings, whether regular or special, shall be made fully as is
reasonably possible at least five days prior to such meetings.
Section 2.19. 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 2.20. Quorum; voting, (a) Four 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 a majority of the Council-
members present shall be required for the adoption of any ordinance,
resolution, or motion except as otherwise provided in this charter.
(b) In an emergency situation, which shall only be established by
the following three types of circumstances arising, to wit:
(1) Hospitalization
(2) Death in the immediate family
(3) Ambulatory illness
the Mayor or Councilmember laboring under one or more of these
hardships shall have the right to vote his conviction on any motion,
resolution or ordinance by absentia.
Section 2.21. 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 Alpharetta 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
GEORGIA LAWS 1981 SESSION
4623
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 2.23. Upon introduction
of any ordinance, the clerk shall as soon as possible distribute a copy
to the Mayor and to each Councilmember and shall file a reasonable
number of copies in the Office of the Clerk and at such other public
places as the City Council may designate.
Section 2.22. 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.
(a) Advertising, notice and public hearings shall only be
required for those actions by the City having as their purpose one or
more of the following:
(1) Changing, amending or modifying this charter or the
official zoning map of the City;
(2) Annexing or de-annexing property;
(3) Calling of a special election or the holding of a general
election;
the advertising of any of the said actions shall be accomplished by
publishing the notice of the proposed action in a newspaper of general
circulation within the City of Alpharetta, Georgia; and the notice
shall be given in writing setting forth the date, time and place of the
public hearing. All other ordinances shall be submitted, approved or
disapproved, as hereinafter provided.
(b) The newspaper having general circulation within the City
may be designated specifically by separate ordinance.
Section 2.23. Emergencies. To meet a public emergency
affecting life, health, property or public peace, the City Council may
convene on call of the Mayor or two Councilmembers and promptly
adopt an emergency ordinance, but such ordinance may not levy
taxes, grant, renew or extend a franchise, regulate the rate charged by
any public utility for its services, or authorize the borrowing of money
except for loans to be repaid within thirty days. An emergency
ordinance shall be introduced in the form prescribed for ordinances
4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Councilmembers shall be
required for adoption. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance shall
automatically stand repealed 30 days following the date upon which it
was adopted, but this shall not prevent reenactment of the ordinance
in the manner specified in this section if the emergency still exists.
An emergency ordinance may also be repealed by adoption of a
repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
Section 2.24. Codes of technical regulations, (a) The City
Council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and
requirements governing such adopting ordinance shall be as pre-
scribed for ordinances generally except that (1) the requirements of
Section 2.21; (b) for distribution and filing of copies of the ordinance
shall be construed to include copies of any code of technical regula-
tions, as well as the adopting ordinance; and (2) a copy of each
adopted code of technical regulations, as well as the adopting ordi-
nance, shall be authenticated and recorded by the clerk pursuant to
Section 2.25.
(b) Copies of all adopted codes of technical regulations shall be
made available by the clerk for distribution or for purchase at a
reasonable price.
Section 2.25. Signing; authenticating; recording; codification;
printing, (a) The Clerk shall authenicate by his or here signature and
record in full in a properly indexed book kept for the purpose all
ordinances adopted by the Council.
(b) The City Council may 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
GEORGIA LAWS 1981 SESSION
4625
The Code of the City of Alpharetta, 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.
Section 2.26. 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 2.27. 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) Exercise supervision over all executive and administrative
work of the City and provide for the coordination of administrative
activities;
(c) Submit to the City 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 City Council may request;
(d) Recommend to the City Council such measures relative to
the affairs of the City, improvement of the government, and promo-
tion of the welfare of its inhabitants as he may deem expedient;
4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Call special meetings of the City Council as provided for in
Section 2.18;
(f) Approve or disapprove ordinances as provided in Section
2.28;
(g) Examine and audit all accounts of the City;
(h) Require any department or agency of the City to submit
written reports whenever he deems it expedient;
(i) Perform other duties as may be required by general state law,
this charter or ordinance;
(j) Appoint Councilmembers singularly or in committee to over-
see and report on the functions of the various departments of the
City;
(k) To employ City personnel with the approval by the City
Council; and
(l) To terminate City personnel.
Section 2.28. Submission of ordinances to the Mayor; veto
power. (1) Every ordinance adopted by the City
Council shall be presented within five working days by the clerk to
the Mayor.
(2) 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, or if it is neither approved nor disapproved, it shall
become law upon its return to the clerk. If the Mayor shall fail to
return the ordinance to the clerk within ten calendar days of
receipt, it shall become law at twelve oclock midnight on the tenth
calendar day after receipt. If the ordinance is disapproved, the
Mayor shall submit to the City Council through the clerk a written
statement of his reasons for his veto. The clerk shall record upon
the ordinance the date of its delivery to and receipt from the
Mayor.
GEORGIA LAWS 1981 SESSION
4627
(3) Ordinances vetoed by the Mayor shall be presented by
the clerk to the City Council at its next meeting and should the
City Council then or at its next general meeting adopt the ordi-
nance by an affirmative vote of four or more Councilmembers, it
shall become law.
(4) 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 subse-
quently passed by the City Council over the Mayors veto as
provided herein. The reduced part or parts shall be presented to
City Council as though disapproved and shall become law unless
overridden by the Council as in subsection (3) above.
Section 2.29. Mayor pro tern; selection; duties. 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
the Mayors disability or absence, or upon a vacancy in the office of
Mayor.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a)
Except as otherwise provided in this charter, the City Council, by
ordinance, shall prescribe the functions or duties 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, the directors of departments and other appointed officers of this
City shall be appointed solely on the basis of their respective adminis-
trative and professional qualifications.
(c) All appointive officer and directors of departments shall
receive such compensation as prescribed by ordinance.
Section 3.11. Board, commissions, and agencies, (a) The City
Council shall create by ordinance such boards, commissions, and
agencies to fulfill any investigative, quasi-judicial or quasi-legislative
function the City Council deems necessary and shall, by ordinance,
4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
establish the composition, period of existence, duties, and powers
thereof.
(b) All members of boards, commissions, and agencies 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 compen-
sation and reimbursement for actual and necessary expenses of the
members of any board, commission, or agency.
(d) No member of any board, commission, or agency shall hold
any elective office in the City.
(e) Any vacancy on a board, commission, or agency 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 agency 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
this office, such oath to be prescribed by ordinance and administered
by the Mayor.
(g) Any member of a board, commission, or agency may be
removed from office for cause by a vote of four members of the City
Council.
(h) Except as otherwise provided by this charter or by general
state law, each board, commission, or agency 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
agency 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.
GEORGIA LAWS 1981 SESSION
4629
Section 3.12. City Attorney. The City 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; 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 Citys
affairs; and shall perform such other duties as may be required of him
by virtue of his position as City Attorney.
Section 3.13. City Clerk. The City Council may appoint a City
Clerk who shall not be a Councilmember. The City Clerk shall be
custodian of the official City Seal, maintain City Council records
required by this charter, and perform such other duties as may be
required by the City Council.
Section 3.14. Tax collector. The City 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 ordi-
nances 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 3.15. City Accountant. The City Council may appoint a
City Accountant to perform the duties of an accountant.
Section 3.16. Personnel policies. The City Council may adopt
rules and regulations consistent with this charter concerning: (1) the
method of employee selection and probationary periods of employ-
ment; and (2) the administration of a position classification and pay
plan, methods of promotion and application of service ratings thereto,
and transfer of employees within the classification plan; (3) hours of
work, vacation, sick leave, and other leaves of absence, overtime pay,
and the order and manner in which layoff shall be effected; (4) such
dismissal hearings as due process may require; and (5) such other
personnel policies as may be necessary to provide for adequate and
systematic handling of personnel affairs.
4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV
JUDICIAL BRANCH
Section 4.10. Creation; name. There shall be a court to be
known as the Municipal Court of the City of Alpharetta.
Section 4.11. Judge, (a) The municipal court shall be presided
over by a judge.
(b) The Judge shall be elected in the manner provided by Article
V of this charter.
(c) The term for the Office of Judge shall be the same as for the
Mayor and Members of Council.
(d) The qualification for Judge shall be the same as for the
Mayor and City Council, and, in addition, the candidate must be the
holder of a legal law bachelor degree.
(e) The Judge of said court shall receive compensation for his
services in the following amounts, to-wit: $250.00 per month, and said
compensation shall be amended from time to time for good cause
shown and in accordance with Title 69, Section 1019, Georgia Code
Annotated, as amended.
(f) Before entering on duties of his office, each Judge shall take
an oath that he will 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 City Council journal
required in Section 2.17.
Section 4.12. Convening. The municipal court shall be con-
vened at regular intervals as designated by the presiding judge.
Section 4.13. Jurisdiction; powers, (a) The municipal court
shall try and punish violations of all City ordinances.
(b) The municipal court shall have authority to punish those in
its presence for contempt, provided that such punishment shall not
exceed $300.00 or 30 days in jail for any one single act of contempt.
(c) The municipal court may fix punishment for offenses within
its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for
GEORGIA LAWS 1981 SESSION
4631
120 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 120 days.
(d) 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 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.
(e) The municipal court shall have the authority to sit as a
committing court and to bind prisoners over to the appropriate court
when it appears by probable cause that a state law has been violated.
(f) The municipal court shall have the same authority as supe-
rior courts to compel the production of evidence in the possession of
any party; to enforce obedience to its orders, judgments, and sen-
tences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summons, subpoena, and warrants which may be served as executed
by any officer as authorized by this charter or by general state law.
(h) 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 Mayors, Recorders, 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
4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Fulton 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 days of the date of his conviction
shall be deemed to have waived any such right. An appeal to the
superior court shall be a de novo proceeding.
Section 4.15. Rules for court. The judge shall have full power
and authority to make reasonable rules and regulations necessary and
proper to secure the efficient and successful administration of the
municipal court. The rules and regulations made or adopted shall be
filed with the City Clerk, 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 4.16. City Attorney to serve as judge. The City
Attorney shall serve as judge in the judges absence or disability or in
any matter in which the judge may recuse himself.
Section 4.17. Vacancy; filling of vacancies, (a) Vacancy. The
office of judge shall become vacant upon the incumbents 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 judge shall be
filled for the remainder of the unexpired term, if any, as provided for
in Article V.
Section 4.18. Solicitor, (a) The municipal court shall have a
solicitor for the prosecution of ordinance violations.
(b) The solicitor shall be appointed by the judge of said court
with the approval of the Mayor and City Council.
(c) The term of the office shall be the same as that provided for
the judge and subject to good behavior in the judges discretion.
(d) The qualifications for the office shall be as follows:
(1) The appointee must be a lawyer and member in good
standing with the State Bar of Georgia.
GEORGIA LAWS 1981 SESSION
4633
(2) The appointee must be of good moral character attested
to by at least three citizens of the City.
(3) The appointee must be a respected attorney among his
colleagues in the legal profession and supply the judge with at
least three statements of his legal reputation and proficiency as
supplied by members in good standing with the State Bar of
Georgia.
(e) The solicitor of said court shall receive compensation for his
services as recommended by the judge to the Mayor and City Council
and as set by ordinance with the approval of the Mayor and City
Council.
(f) Before entering on the duties of his office, each solicitor shall
take an oath that he will honestly and faithfully discharge the duties
of said office to the best of his skill, knowledge, and ability without
fear, favor, or partiality to any party. The oath shall be entered upon
the minutes of the court and city council journal as required in this
article and in Section 2.17.
Section 4.19. Duties. It shall be the duty of the court solicitor to
investigate, prepare, prosecute, or otherwise dispose of all violations
of state criminal statutes or ordinances effective at the time, as may
be properly brought before this court. In addition, any appeals taken
by persons aggrieved with court decisions shall be defended by the
solicitor.
Section 4.20. City Attorney to serve as solicitor. The City
Attorney shall serve as solicitor in the solicitors absence or disability
or in any matter in which the judge shall require of him.
Section 4.21. Vacancy; filling of vacancies; office of solicitor, (a)
The office of solicitor shall become vacant upon the incumbents
death, resignation, forfeiture of office, or removal from office in any
manner authorized by this charter or the general laws of the State of
Georgia.
(b) A vacancy in the office of solicitor shall be filled for the
remainder of the judges term, if any, as provided in this article.
Section 4.22. Court clerk, (a) The municipal court shall have a
court clerk.
252
4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The clerk shall be appointed by the judge with the approval
of the Mayor and City Council.
(c) The term of the office shall be according to the good behavior
of the clerk and at the discretion of the judge, Mayor, and City
Council.
(d) The clerk shall receive compensation for the services ren-
dered as recommended by the judge to the Mayor and City Council
and as set by ordinance.
Section 4.23. Duties of court clerk. The court clerk shall be the
custodian of the official court records, collect fines imposed by the
court and transmit the records of all cases bound over or appealed to
the state or superior courts from the municipal court, and perform
such other duties as may be required by the judge.
Section 4.24. Vacancies; filling of vacancies; office of court
clerk, (a) The office of court clerk shall become vacant upon the
clerks death, resignation, forfeiture of office, or removal from office
in any manner authorized by this charter or the general laws of the
State of Georgia.
(b) A vacancy in the office of court clerk shall be filled as
provided in this article.
ARTICLE V
ELECTIONS AND REMOVAL
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. Election of the Mayor, City Council and judge.
There shall be a municipal general election biennially on the third
Tuesday in October. There shall be elected the Mayor and three
Councilmembers at one election and every other election thereafter.
The remaining City Council seats and the office of judge of the
municipal court shall be filled at the election alternating with the first
group such that a continuing body is created as provided for in the
first election under this charter in Section 7.13.
GEORGIA LAWS 1981 SESSION
4635
Section 5.12. Special election; vacancies. 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 appoint-
ment by the City Council. In all oher respects, the special election
shall be held and conducted in accordance with the Georgia Munici-
pal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws
1968, p. 885), as now or hereafter amended.
Section 5.13. Councilmembers elected by posts, (a) All Council-
member positions shall be designated by posts numbered one through
six.
(b) All candidates for election to Councilmember positions shall
designate, at the time of qualifying, the post to which they are seeking
election.
(c) All posts are City at large positions.
Section 5.14. Other provisions. Except as otherwise provided
by this charter, the City Council shall, by ordinance, prescribe such
rules and regulations as it deems appropriate to fulfill any options
and duties under the Georgia Municipal Election Code, Title 34A of
the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or
hereafter amended.
Section 5.15. Non-partisan 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 plurality. The person receiving a
plurality of the votes cast for any City office shall be elected.
Section 5.17. Grounds for removal. The Mayor, Council-
members, or judge may be removed from office for any one or more of
the following causes:
4636 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) 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 state law.
Section 5.18. Procedure for removal. Removal of an above
described officer may be accomplished by one of the following meth-
ods:
(a) By the vote of four councilmembers after an investigative
hearing. In the event an elected officer is sought to be removed by the
action of the City Council such officer shall be entitled to a written
notice specifying the ground for removal and to a public hearing
which shall be held not less than ten days after the service of such
written notice. Any elected officer sought to be removed from office
as herein provided shall have the right of appeal from the decision of
the City Council to the Superior Court of Fulton 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 Fulton County
as provided by state law.
ARTICLE VI
FINANCE
Section 6.10. Property tax. The City Council may assess, levy,
and collect an ad valorem tax on all real and personal property within
the corporate limits of the City that is subject to such taxation by the
state and county. This tax is for the purpose of raising revenues to
defray the costs of operating the City government; providing govern-
mental 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 1981 SESSION
4637
Section 6.11. Millage rate, due dates, payment methods. The
City Council, by ordinance, shall establish a millage rate for the City
property tax; a due date; and in what length of time these taxes must
be paid. The City Council, by ordinance, may provide for the
payment of these taxes by installments or in one lump sum, as well as
to authorize the voluntary payment of taxes prior to the time when
due.
Section 6.12. Occupation and business taxes. The City Council
by ordinance shall have the power to levy such occupation or business
taxes as are not denied by general state law. Such taxes may be levied
on both individuals and corporations who transact business in this
City or who practice or offer to practice any profession or calling
therein to the extent such persons have a constitutionally sufficient
nexus to this City to be so taxed. The City Council may classify
businesses, occupations, professions or callings for the purpose of
such taxation in any way which may be lawful and compel the
payment of such taxes as provided in Section 6.18.
Section 6.13. Licenses, permits, fees. The City Council by
ordinance shall have the power to require any individuals or corpora-
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 6.18. The City
Council by ordinance may establish reasonable requirements for
obtaining or keeping such licenses as the public health, safety, and
welfare necessitates.
Section 6.14. Franchises. The City Council shall have the power
to grant franchises for the use of this Citys streets and alleys, for the
purpose of railroads, street railways, telephone companies, electric
companies, cable television, gas companies, transportation companies
and other similar organizations. The City Council shall determine the
duration, provisions, terms, whether the same shall be exclusive or
nonexclusive, and the consideration for such franchises; provided,
however, no franchise shall be granted for a period in excess of 35
years and no franchise shall be granted unless the City receives just
and adequate compensation therefor. The City Council shall provide
for the registration of all franchises with the City clerk in a registra-
4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion book to be kept by him. The City Council may provide by
ordinance for the registration within a reasonable time of all fran-
chises previously granted.
Section 6.15. Service charges. The City Council by ordinance
shall have the power to assess and collect fees, charges, and tools 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.
Section 6.16. Special assessments. The City Council by ordi-
nance shall have the power to assess and collect the cost of construct-
ing, reconstructing, widening or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurte-
nances from the abutting property owners under such terms and
conditions as are reasonable. If unpaid, such charges shall be col-
lected as provided in Section 6.18.
Section 6.17. Construction; other taxes. This City shall be
empowered to levy any other tax allowed now or hereafter by state law
and the specific mention of any right, power or authority in this
article shall not be construed as limiting in any way the general
powers of this City to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The City
Council by ordinance shall provide generally for the collection of
delinquent taxes, fees, or other revenue due the City under Sections
6.10 through 6.17 by whatever reasonable means as are not precluded
by 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 6.19. General obligation bonds. The City Council shall
have the power to issue bonds for the purpose of raising revenue to
carry out any project, program or venture authorized under this
charter or the general laws of the state. Such bonding authority shall
be exercised in accordance with the laws governing bond issuances by
municipalities in effect at the time said issue is undertaken.
GEORGIA LAWS 1981 SESSION
4639
Section 6.20. Revenue bonds. Revenue bonds may be issued by
the City Council as state law now or hereafter provides. Such bonds
are to be paid out of any revenue produced by the project, program or
venture for which they were issued.
Section 6.21. Short-term 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 City Council shall set the fiscal
year by ordinance. This fiscal year shall constitute the budget year
and the year for financial accounting and reporting of each and every
office, department, agency and activity of the City government,
unless otherwise provided by general state or federal law.
Section 6.23. Preparation of budgets. The City Council shall
provide an ordinance on the procedures and requirements for the
preparation and execution of any annual operating and capital
improvement budget including requirements as to the scope, content
and form of such budget.
Section 6.24. Action by City Council on budget, (a) The City
Council may amend the operating and capital improvement budget;
except, that the budget as finally amended and adopted must provide
for all expenditures required by state law or by other provisions of
this charter and for all debt service requirements for the ensuing
fiscal year and the total appropriations from any fund shall not
exceed the estimated fund balance, reserves and revenues.
(b) The City Council by ordinance shall adopt the final operat-
ing budget for the ensuing fiscal year not later than fifteen days prior
to the beginning of such fiscal year. If the City Council fails to adopt
the budget by this date, the amounts appropriated for operation for
the current fiscal year shall be deemed adopted for the ensuing fiscal
year on a month-to-month basis, with all items prorated accordingly
until such time as the City Council adopts a budget for the ensuing
fiscal year. Such adoption shall take the form of an appropriations
ordinance setting out the estimated revenues in detail by sources and
making appropriations according to fund and by organizational unit,
purpose or activity as set out in the budget preparation under Section
6.23.
4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The amount set out in the adopted operating budget for each
organizational unit shall constitute the annual appropriation for
such, and no expenditure shall be made or encumbrance created in
excess of the otherwise unencumbered balance of the appropriations
or allotment thereof, to which it is chargeable. The operating and
capital improvements budget, the budget message, and all supporting
documents shall be filed in the office of the City Clerk and shall be
open to public inspection.
Section 6.25. Tax levies. As the next order of business following
adoption of the operating budget, the City Council shall levy by
ordinance such taxes as are necessary. The taxes and tax rates set by
such ordinance shall be such that reasonable estimates of revenues
from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances and applicable reserves, to equal
the total amount appropriated for each of the several funds set forth
in the annual operating budget for defraying the expenses of the
general government of this City.
Section 6.26. 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 emer-
gency meeting called for such purpose, but any additional appropria-
tions may be made only from an existing unappropriated surplus in
the fund to which it applies or on a revised estimate of revenue.
Section 6.27. Independent audit. There shall be an annual
audit of all City accounts, funds and financial transactions by a
certified public accountant selected by the City Council. The audit
shall be conducted according to generally accepted accounting princi-
ples. Any audit of any funds by the state or federal governments may
be accepted as satisfying the requirements of this charter. Copies of
all audit reports shall be available at printing cost to the public.
Section 6.28. 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
GEORGIA LAWS 1981 SESSION
4641
(3) It is made or authorized by the City Council and such
approval is entered in the City Council journal or minutes required
under Section 2.19.
Section 6.29. Centralized purchasing. The City Council may by
ordinance prescribe procedures for a system of centralized purchasing
for the City.
Section 6.30. 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. Laws 1976, p. 350).
(b) The City Council may quitclaim any rights it may have in
property not needed for public purposes by 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.
(c) Whenever in opening, extending or widening any street,
alley, avenue or public place of the City, a small parcel or tract of land
is cut off or separated by such work from a larger tract or boundary of
land owned by the City, the City Council may authorize the Mayor to
execute and deliver in the name of the City a deed conveying said cut
off or separated parcel or tract of land to an abutting or adjoining
property owner or owners in exchange for rights-of-way of said street,
avenue, alley or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All deeds
and conveyances heretofore and hereafter so executed and delivered
shall convey all title and interest the City has in such property,
notwithstanding the fact that no public sale after advertisement was
or is hereafter made.
Section 6.31. Insurance. The City shall maintain sufficient
casualty and liability insurance coverage on all property owned
and/or operated by City personnel to adequately indemnify the City
on claims of loss by injured or aggrieved parties. The amounts of
insurance coverage shall be set from time to time by the City Council
in the form of a Resolution as the need arises.
4642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. 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, water works,
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 Title
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. 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 7.12. 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 7.13. First election under the charter, (a) The first
municipal election shall be the third Tuesday of October, 1982, at
which time the Mayor and three Councilmember positions shall be
filled. The Councilmember post to be filled at this election shall be
those designated as numbers four, five and six and shall be the
present Councilmember positions whose terms expire in January,
1983. The position of Judge of the Municipal Court and Council-
member posts designated as numbers one, two and three shall be
filled at the next regular election to be held on the third Tuesday in
October in the year 1984. Councilmember posts one, two and three
shall be those present Councilmember positions whose terms expire
in January, 1985.
(b) The present Mayor and Councilmembers elected as the
governing body of the City of Alpharetta under the heretofore exist-
ing charter of the City are hereby constituted as the official governing
GEORGIA LAWS 1981 SESSION
4643
body of the City and shall continue to serve in their elective offices
until their successors are elected as provided herein; and the effective
date of this charter shall not create any vacancy in the office of Mayor
or Councilmember and the City shall continue its present operation
as usual.
Section 7.14. Pending matters. Except as specifically provided
otherwise by this charter, all rights, claims, actions, orders, contracts
and legal or administrative proceedings shall continue and any such
ongoing work or cases shall be dealt with by such City agencies,
personnel or office as may be provided by the City Council.
Section 7.15. Penalties. The violation of any provisions of this
charter, for which penalty is not specifically provided for herein, shall
be punishable by a fine of not more than $1,000 (One Thousand
Dollars) or by imprisonment not to exceed 120 days or both such fine
and imprisonment.
Section 7.16. 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 7.17. 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 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. Repealer. An Act incorporating the City of
Alpharetta in the County of Fulton, approved March 3, 1961 (Ga.
Laws 1961, p. 2127), is hereby repealed in its entirety and all amenda-
tory acts thereto are likewise repealed in their entirety. All other laws
and parts of laws in conflict with this charter are hereby repealed.
4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.19. Effective date. This Act (charter) shall become
effective on July 1, 1981; but the heretofore existing charter as
pertains to elected officials shall not be repealed until the presently
existing terms of the office of Mayor and Councilmembers expire.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 1981 Session of the General Assembly of Georgia a bill to amend
the act creating a new charter for the City of Alpharetta, Georgia, as
provided by an act of March 3,1961 and acts amendatory thereof by
creating a new charter for the City of Alpharetta, Georgia and for
other purposes.
This 8th day of December, 1980.
Jimmy Phillips,
Mayor
City of Alpharetta
D. William Garrett, Jr.
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Luther S. 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
12,19 and 26,1981.
/s/ Luther S. Colbert
Representative,
23rd District
GEORGIA LAWS 1981 SESSION
4645
Sworn to and subscribed before me,
this 25th day of February, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
TOWN OF EAST DUBLINNEW CHARTER.
No. 705 (House Bill No. 893).
AN ACT
To provide a new charter for the Town of East Dublin; to provide
for incorporation, boundaries, and powers; to provide for legislative,
executive, and judicial branches of government for said town; to
provide for elections; to provide for financial and fiscal matters; to
provide general provisions; to provide for penalties; to provide for
other matters relative to the foregoing; to repeal specific Acts; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I - INCORPORATION POWERS
Section 1.10. The inhabitants of the territory hereinafter
designated be, and they are hereby constituted and made a body
politic under the name and style of Town of East Dublin, and by that
name and style shall have perpetual succession with power and
authority in and by said corporation to contract and be contracted
with, to sue and be sued, to plead and be impleaded in any court of
4646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
law or equity in this State, or elsewhere, as their rights may come in
question; shall have and use a common seal; shall be able in law and
equity to purchase, have, hold, enjoy, receive, possess and retain, to
them, their successors, and assigns for the use and benefit of said
Town of East Dublin in perpetuity, or for any term of years, any
estate or estates, and any and all kinds of property, real and personal,
within or without the corporate limits of said town for corporate
purposes; they shall have the right to borrow money and give evi-
dences of indebtedness for the same, to issue bonds, and to do and
perform all and every act and acts necessary of incident to the raising
of funds for the legitimate use of said town; they shall have the right,
power and authority to govern themselves by such rules, bylaws,
regulations, resolutions, ordinances or other orders as they may deem
proper, not to conflict with this charter, or the Constitution and laws
of this State, or of the United States.
Section 1.11. The corporate limits of the town of East Dublin
shall be as follows:
Beginning at a point on the eastern bank of the Oconee River,
and immediately under and in the center of the railroad trestle, which
crosses the Oconee River leading from the City of Dublin, which
trestle is jointly used by the Wrightsville & Tennille Railroad Com-
pany and the Macon Dublin & Savannah Railroad Company, and
running thence northerly along the center of railroad tracts 67
degrees 30 minutes, east 1231 feet to a point; thence from said point
along the center of the track of Macon, Dublin & Savannah Railroad
north 79 degrees 15 minutes east 650 feet; thence south 61 degrees 30
minutes east 750 feet; thence continuing along the center of said
railroad tracks south 35 degrees east 1300 feet to a point; thence south
78 degrees east 550 feet; thence south 52 degrees 45 minutes east 220
feet; thence south 65 degrees 50 minutes east 2860 feet; thence south
58 degrees 40 minutes east 1300 feet; thence north 71 degrees 30
minutes east 1785 feet; thence north 59 degrees east 720 feet to the
point in the center of River Road; thence north 40 degrees 30 minutes
east 1193 feet; thence south 68 degrees east 267 feet; thence north 24
degrees east 1550 feet; thence north 77 degrees 30 minutes west 1517
feet; thence north 24 degrees west 2145 feet along the Spring Branch;
thence continuing along Spring Branch north 19 degrees east 1850
feet; thence north 79 degrees 30 minutes west 5120 feet to a point in
Buckeye Road; thence north 62 degrees west 2500 feet to eastern bank
of Oconee River; thence south 15 degrees west along the banks of said
Oconee River 2000 feet; thence continuing along the bank of said river
GEORGIA LAWS 1981 SESSION
4647
south 41 degrees west 1650 feet; thence continuing south 52 degrees
west 2310 feet to a point; thence continuing along the banks of said
river south 16 degrees west 1000 feet; thence continuing south 26
degrees east 1030 feet to the point of beginning.
The corporate limits of the town of East Dublin shall also embrace
all of that area within the following description: Commencing on the
eastern right-of-way of the Dublin-Wrightsville highway being State
highway number 15, at the point wherein the present corporate limit
line of the Town of East Dublin intersects with the eastern right-of-
way of said Dublin-Wrightsville highway, thence along the eastern
right-of-way of said highway north 47 degrees 52 minutes east a
distance of 19.68 chains; thence south 47 degrees 08 minutes east a
distance of 6.00 chains; thence north 45 degrees 54 minutes east a
distance of 17.22 chains; thence north 29 degrees 55 minutes west a
distance of 6.00 chains; back to the eastern right-of-way of said
Dublin-Wrightsville highway; thence along the eastern right-of-way
of said highway north 45 degrees 05 minutes east 34.91 chains; thence
continuing along the eastern right-of-way of said highway north 46
degrees 16 minutes east a distance of 5.92 chains to the junction of the
Dublin-Wrightsville highway with a public dirt road; thence along the
center of said public road north 37 degrees 29 minutes west a distance
of 6.42 chains; thence continuing along the center of said road north
80 degrees 34 minutes west 9.09 chains; thence along the center of said
road north 83 degrees 34 minutes west 18.18 chains; thence along the
center of said road 82 degrees 34 minutes west 23.39 chains; thence
along the center of said road north 71 degrees 44 minutes west 6.77
chains; thence along a land line fence south 43 degrees 34 minutes
west 23.00 chains; thence north 44 degrees 06 minutes west 0.75
chains to the western right-of-way of the Buckeye Public Road;
thence along the western right-of-way of said Buckeye Public Road
south 44 degrees 42 minutes west 19.85 chains; thence along the
western right-of-way of said road south 35 degrees 19 minutes west
4.45 chains; thence along the western right-of-way of said road south
27 degrees 55 minutes west 24.07 chains, to the point wherein the
present corporate limit line intersects the western right-of-way of the
Buckeye Public Road.
Section 1.12. Specific powers. Subject to the limitations and
requirements of general laws, the corporate powers of the government
of the Town of East Dublin to be exercised by the governing authority
may include the following:
4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 pay-
ment 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 govern-
ment 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;
(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
GEORGIA LAWS 1981 SESSION
4649
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 utili-
ties, 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
East Dublin; to prescribe the rates, fares, regulations and stan-
dards 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 play-
grounds, recreational facilities, cemeteries, markets and market
houses, public buildings, libraries, sewers, drains, sewerage treat-
ment, 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;
4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 drunk-
enness, 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 for-
tunetelling, palmistry, adult bookstores, and massage parlors;
(20) 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
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 regula-
tions not inconsistent with general law, relating to both fire
GEORGIA LAWS 1981 SESSION
4651
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 danger-
ous 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 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, con-
duct, 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;
4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 prop-
erty 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 sentences 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 correc-
tional institution 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 disturb-
ing the peace in the corporate limits of the town; 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 detri-
mental and offensive to the peace and good order of the town or to
the welfare of the citizens thereof;
(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 here-
under;
(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;
GEORGIA LAWS 1981 SESSION
4653
(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 assess-
ments to cover the costs for any public improvements;
(40) To enter into contracts and agreements with other gov-
ernmental entities and with private persons, firms, and corpora-
tions 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;
(44 To exercise the power of arrest through duly appointed
policemen and to organize and operate a firefighting agency;
(45) To establish procedures for determining and proclaim-
ing 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 protec-
tion, safety, health, or well-being of the citizens of the town;
4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(46) To provide comprehensive town planning for develop-
ment 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 pro-
gram;
(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 execu-
tion 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 an 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 specifi-
cally enumerated herein; and any and all powers which the town was
heretofore authorized to exercise upon the effective date of this
charter.
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.
GEORGIA LAWS 1981 SESSION
4655
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 East Dublin shall be vested in a mayor and town council, said
council to be composed of five councilmen chosen as hereinafter
provided.
Section 2.11. The mayor and council shall constitute the
legislative department of said town, and as such shall have full power
and authority to establish such rules, laws, ordinances, regulations
and orders as they deem proper respecting any and all municipal
affairs, and which they may consider necessary or proper, or incident
to the good government of said town, and to the peace, security,
health, happiness, welfare, protection or convenience of the inhabi-
tants thereof, and for the preservation, peace, good order, and dignity
of said government.
Section 2.12. 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 in office.
Section 2.13. Prohibitions, (a) Exceptasauthorizedbylaw.no
member of the council shall hold any other elective municipal office
or municipal employment in the Town of East Dublin 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 2.14. Inquiries and investigations. The council may
make inquiries and investigations into affairs of the town and the
conduct of any department, office, or agency thereof and for this
4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2.15. 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 East
Dublin 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 execu-
tion of such ordinances, resolutions, rules and regulations not incon-
sistent 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 East Dublin 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 depart-
ments expressly provided for by this charter.
Section 2.16. Duties of mayor. The mayor shall be the chief
executive officer of the Town of East Dublin. 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;
(4) Have power to administer oaths and to take affidavits;
GEORGIA LAWS 1981 SESSION
4657
(5) Sign all written contracts entered into by the council on
behalf of the town and all other contracts and instruments exe-
cuted by the town which by law are required to be in writing;
(6) See that all laws and ordinances of the town are faith-
fully executed;
(7) The mayor shall have the veto power and may veto any
ordinance, order or resolution of the city council in which event
the same shall not become a law unless subsequently passed over
his veto by a vote of at least three councilmen duly recorded on the
minutes. Unless the mayor shall file in writing with the city clerk
his veto of any measure passed by said council, together with his
reason for disapproval within three days after its passage, said
measure shall become law, as though approved by him.
(8) The mayor shall have full authority and power to
pardon, suspend, or commute the sentence of any person for a
violation of any ordinance of said town.
(9) Perform other duties as may be required by law, this
charter or ordinance.
Section 2.17. At the first meeting of the appointed council
under this charter, they shall elect one of their members as a mayor
pro tempore, who shall, in the absence, disability or disqualification
of the mayor, perform all of the duties and execute all of the rights,
powers and privileges of the office of mayor. Such elected mayor pro
tempore shall hold until the first regular meeting of the mayor and
council of the Town of East Dublin on the January following such
election, and at such meeting council of the Town of East Dublin shall
again elect a mayor pro tempore.
Section 2.18. Any person, resident of said Town of East Dublin,
and who has been a bona fide resident for six months prior to the time
of the election, and who shall be thirty years of age, and a qualified
voter of said town, shall be eligible to hold the office of mayor. Any
person, resident of said Town of East Dublin, and who has been a
bona fide resident for six months prior to the time of election, and
who shall be twenty-one years of age, and a qualified voter of said
town, shall be eligible to hold the office of councilman of said town.
Should the mayor or any councilman remove his residence from the
limits of said town, during his term of office, his office shall thereby
become vacant.
4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.19. In case of a vacancy in office of mayor, or any
member of the council from death, removal, disability, or any cause
whatever, said vacancy shall be filled by an election ordered by the
council of said town, to take place not more than sixty days from the
time such vacancy occurred, and to be held under the same rules and
regulations that govern other elections in said town.
Section 2.20. The town clerk, or such other officer as may be
designated by the council, shall cause notice of the holding of said
election and the time and purpose thereof, to be given by posting at
three different public places within the limits of said town.
Section 2.21. Before entering upon their duties as mayor and
council, of said town, the mayor and council shall take the following
oath:
I do solemnly swear that I will faithfully discharge the duties
devolved on me as mayor or councilman (as the case may be) of the
Town of East Dublin. That I will faithfully execute and enforce the
laws of said town to the best of my ability, skill and knowledge, so help
me God.
Section 2.22. The mayor and council of East Dublin shall have
full power to fix the time, place and rules of procedure of their regular
sessions. The mayor shall have power to convene the town council in
special sessions whenever he deems it proper, and the mayor and
council shall have full authority and power to perform any of their
duties or powers at a special or called session.
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) The mayor shall have the power to convene the Town
Council in special session when he deems it proper. The mayor and
council shall have full authority and power to perform any of their
duties or powers at a special or closed session.
Section 2.24. Rules of procedure. The council shall adopt its
rules of procedure and order of business consistent with the provi-
GEORGIA LAWS 1981 SESSION
4659
sions of this charter and shall provide for the keeping of a journal of
its proceedings which shall be of public record.
Section 2.25. Quorum; voting. The mayor or mayor pro tem,
and three councilmen shall constitute a quorum and shall be autho-
rized 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 council-
men, or two councilmen and the mayor in case of a deadlock or tie,
shall be required for the adoption of any ordinance, resolution,
appointment or motion except as otherwise provided in this charter.
Section 2.26. 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 East
Dublin... 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 2.27. 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 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 2.28.
(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 2.28. Authentication, recording, and codification of
ordinances, (a) The town clerk shall authenticate by his or her
4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 East Dublin, 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, position 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 agen-
cies 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. All appointments to adminis-
trative and service departments shall be made by the mayor and
confirmed by the council.
(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 posi-
tions 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 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 depart-
ments and other appointed officers of the town shall be appointed
solely on the basis of their respective administrative and professional
qualifications.
GEORGIA LAWS 1981 SESSION
4661
(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 mayor and shall be confirmed 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 other-
wise 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 town 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.
(f) The qualifications required of members of boards, commis-
sions, 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 govern-
ment 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, 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.
4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.12. Town clerk. The mayor, with the councils
confirmation, 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 East Dublin.
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 East Dublin 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 mayor and confirmed
by the council and shall serve at the discretion of the mayor. The
compensation of the judge shall be fixed by the council.
GEORGIA LAWS 1981 SESSION
4663
Section 4.12. Convening. Said court shall be convened at such
times as designated by ordinance or at such times as deemed neces-
sary 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 East Dublin granted by state laws
generally to mayors, recorders, 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 caretaking 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 East Dublin 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.
4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) The municipal court shall have the authority to bind prison-
ers 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 the Superior
Court of Laurens 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 same procedure as generally prescribed for appeals and
appeal bonds from the probate court.
ARTICLE V - ELECTIONS
Section 5.10. Applicability of general law. All primaries and
elections in the Town of East Dublin shall be held and conducted in
accordance with the provisions of the Georgia Municipal Election
Code, as now or hereafter amended.
Section 5.11. Municipal elections. Those persons serving as
mayor and council of the Town of East Dublin immediately prior to
the effective date of this section shall serve out their respective terms
of office and until their respective successors are elected and quali-
fied. On the second Wednesday in November, 1981, and each two
years thereafter, there shall be held an election for mayor and council
of said town, and the mayor and council so elected shall hold office for
a term of two years beginning on the first day of January following
their election and until the election and qualification of their respec-
tive successors. In all elections the party receiving plurality of votes
shall be declared elected mayor, and the five parties receiving plural-
ity of votes shall be declared elected councilmen.
GEORGIA LAWS 1981 SESSION
4665
Section 5.12. Election ordinances. Except as otherwise pro-
vided by this charter, the mayor and council of the Town of East
Dublin shall, by ordinance, prescribe such rules and regulations as it
deems appropriate to fulfill any options and duties under the Georgia
Municipal Election Code, as now or hereafter amended.
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 East Dublin.
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
state and county. This tax is for the purpose of raising revenues to
defray the costs of operating the town government, providing govern-
mental 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.
253
4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
East Dublin, 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 business, 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.
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 Town of East Dublin, 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 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 town property taxes, and shall be
enforceable in the same manner and under the same remedies as a
lien for town property taxes.
GEORGIA LAWS 1981 SESSION
4667
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, side-
walk, curbing, gutters, sewers, or other utility mains and appurte-
nances, against the abutting property owners, under such terms and
conditions as may be prescribed by ordinance. Such special assess-
ments 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
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.
Section 6.18. Construction; other taxes. The Town of East
Dublin 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 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
hereinafte: 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.
4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 begin-
ning 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 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 East Dublin, 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 East Dublin not inconsis-
tent 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 East Dublin not inconsistent with the provisions of this charter
shall continue in effect until they have repealed, modified, or
amended.
Section 7.12. Section captions. The captions to the several
sections of this charter are informative only and are i.ot 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, and
which has not been amended by home rule action, is hereby declared
to be a misdemeanor and shall be punishable by a fine of not more
than $1000.00 or by imprisonment not to exceed twelve months or
both-such fine and imprisonment.
GEORGIA LAWS 1981 SESSION
4669
Section 7.14. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly 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 7.15. Effective date. This Act shall become effective
upon its approval by the Governor or upon its becoming law without
his approval.
Section 7.16. Specific repealer. The following Acts incorporat-
ing the Town of East Dublin and all Acts amendatory thereto are
hereby repealed in their entirety: An Act approved March 3, 1947
(Ga. Laws 1947, p. 251), an Act approved February 21,1951 (Ga. Laws
1951, p. 2921), and an Act approved February 12, 1952 (Ga. Laws
1952, p. 2369).
Section 7.17. Repealer. All laws and parts of laws in conflict
with this Act are hereby repealed.
Legal Ad.
Notice is hereby given that there will be introduced in the 1981
regular session of the General Assembly of Georgia, a bill to amend
the Charter of the Town of East Dublin, Georgia, and for other
purposes.
William L. Tribble
Attorney for East Dublin
4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Courier-Herald which is the official
organ of Laurens County, on the following dates: January 17, 24, 31,
1981.
/s/ J. Roy Rowland
Representative,
119th District
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
DOWNTOWN DALTON DEVELOPMENT AUTHORITY.
No. 706 (House Bill No. 895).
AN ACT
To create the Downtown Dalton Development Authority; to
define certain terms; to provide for the creation and activation of such
authority; to provide for certain subsequent resolutions of the govern-
GEORGIA LAWS 1981 SESSION
4671
ing body of the City of Dalton; to provide for the qualifications of
directors of such authority; to provide for the powers of such author-
ity; to provide for the issuance of revenue bonds, notes, and other
obligations by such authority; to provide for the terms which may be
contained in instruments executed by such authority and for limita-
tions and procedures; to find and provide that such authority is
created for public purposes; to provide that bonds, notes, and other
obligations of such authority shall not constitute indebtedness of the
State of Georgia or any county, the City of Dalton, or any other
political subdivision of the state; to provide that property of such
authority will be tax exempt; 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. Creation, (a) Pursuant to the authority of an
amendment to Article IX, Section VIII, Paragraph II of the Constitu-
tion ratified at the 1980 general election (Ga. Laws 1980, p. 2119),
there is hereby created the Downtown Dalton Development Author-
ity, hereinafter referred to as the authority. The authority shall be
deemed to be an instrumentality of the State of Georgia and a public
corporation thereof 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.
(b) The authority is created for the purpose of the revitalization
of the downtown Dalton area and, in connection therewith, for the
purpose of acquiring, constructing, adding to, extending, improving,
equipping, maintaining, and operating public projects, public build-
ings and other public facilities, parking lots or garages and other
parking structures, and any and all other facilities useful or desirable
in connection therewith, 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,
or desirable for and incident to carrying out the foregoing purposes.
Section 2. Definitions.
(1) Cost of the project or cost of any project shall mean
and shall include: all costs of acquisition (by purchase or other-
wise), construction, assembly, installation, modification, renova-
4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion, or rehabilitation incurred in connection with any project or
any part of any project; all costs of real property, fixtures, or
personal property used in or in connection with or necessary for
any project or for any facilities related thereto, including, but not
limited to, the cost of all land, estates for years, easements, rights,
improvements, water rights, connections for utility services, fees,
franchises, permits, approvals, licenses and certificates, the cost of
securing any such franchises, permits, approvals, licenses or certif-
icates 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 on
revenue bonds, notes, or other obligations of the authority which
accrues or is paid prior to and during the period of construction of
a project and during such additional period as the authority may
reasonably determine to be necessary to place such project in
operation; all costs of engineering, surveying, architectural, and
legal services and all expenses incurred by engineers, surveyors,
architects, and attorneys in connection with any project; all
expenses for inspection of any project; all fees of fiscal agents,
paying agents, trustees for bondholders under any trust agree-
ment, indenture of trust, or similar instrument or agreement, all
expenses incurred by any such fiscal agents, paying agents, and
trustees, and all other costs and expenses incurred relative to the
issuance of any revenue bonds, notes, or other obligations for any
project; all fees of any type charged by the authority in connection
with any project; all expenses of or incidental to determining the
feasibility or practicability of any project; all costs of title insur-
ance and examinations of title with respect to any project; repay-
ment of any loans made for the advance payment of any part of
any of the foregoing costs, including interest thereon and any
other expenses of such loans; administrative expenses of the
authority and such other expenses as may be necessary or inciden-
tal 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 renewel 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 or agreement pursuant to the provisions of
which the issuance of any revenue bonds, notes, or other obliga-
tions of the authority may be authorized. Any cost, obligation, or
expense incurred for any of the foregoing purposes shall be a part
GEORGIA LAWS 1981 SESSION
4673
of the cost of the project and may be paid or reimbursed as such
out of proceeds of revenue bonds, notes, or other obligations
issued by the authority.
(2) The Downtown Dalton District shall be composed of
all that territory embraced within the following description:
All that tract or parcel of land, situate, lying and being in the
City of Dalton, Whitfield County, Georgia, more particularly
described as follows:
Beginning at a point where the L & N Railroad (Main
Track) intersects Waugh Street; then westerly along Waugh
Street to the intersection of Thornton Avenue; then southerly
along Thornton Avenue to the intersection of Morris Street; then
easterly along Morris Street to the point where Morris Street
intersects the L & N Railroad (Main Track); then northerly
along the L & N Railroad (Main Track) to the point of beginning.
The Downtown Dalton District shall include the tract or
parcel of land encompassed by the above described boundary and
all land directly abutting such described boundary line.
(3) Governing body shall mean the elected or duly
appointed officials constituting the governing body of the City of
Dalton.
(4) Municipal corporation shall mean the City of Dalton.
(5) Project shall mean the acquisition, construction,
installation, modification, renovation, or rehabilitation of land,
interests in land, buildings, structures, facilities, or other improve-
ments located or to be located within the Downtown Dalton
District and the acquisition, installation, modification, renova-
tion, rehabilitation, or furnishing of fixtures, machinery, equip-
ment, furniture, or other property of any nature whatsoever used
on, in or in connection with, any such land, interest in land,
building, structure, facility, or other improvement, all for the
essential public purpose of the development of trade, commerce,
industry, and employment opportunities in the Downtown
Dalton 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
4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adopted, that the project and such use thereof would further the
public purpose of this Act.
(6) Revenue bonds and bonds shall mean any bonds of
the authority which are authorized to be issued under the Consti-
tution and laws of the State of Georgia, including refunding bonds
but not including notes or other obligations of the authority.
Section 3. Membership of authority; organization, (a) The
authority shall be composed of seven members to be appointed and
elected as hereinafter provided. One member at large shall be
appointed by the governing body of the City of Dalton. Three
members of the authority shall be elected by the owners of property
which is subject to the tax provided for by this Act. The three
remaining members of the authority shall be elected by owners of
business establishments located within the Downtown Dalton Dis-
trict. The initial three members of the authority elected by each
group as provided hereinabove shall serve for terms of office of one,
two, and three years, respectively. Thereafter, all terms of office of
members of the authority shall be for three years, except for the
member appointed by the city council who shall serve one-year terms.
(b) The initial members of the authority to be elected by the
property owners and by the owners of businesses shall be elected by a
caucus of each respective owner group which shall be held within 60
days after this Act becomes law and at such times and places as the
governing body of the City of Dalton shall designate after 30 days
notice thereof shall have been given to the respective owners. There-
after, there shall be conducted annually a caucus of each owner group
at such time and place as the authority shall designate after having
given due notice to the respective owner groups for the purpose of
electing successor members of the authority. All elections shall be
decided by a majority of those members present and voting.
(c) In the event that 10 percent of the total number of the
members of any owner group shall petition the authority, the author-
ity shall call a caucus for the purpose of recalling any member named
to the authority by such group. At such caucus, if a majority of those
owners present and voting shall vote to recall any such member, a
vacancy shall be declared to exist. If the term of such recalled member
has less than six months until expiration, the authority shall then
appoint a replacement member for the unexpired term from the
affected owner group. In the event that the term of such recalled
GEORGIA LAWS 1981 SESSION
4675
member shall expire more than six months from the date of recall, the
authority shall declare that a vacancy exists and the authority shall
then call a caucus of the owner group affected for the purpose of
electing a member to fill such vacancy for the unexpired term. At
such caucus, the nominee receiving the highest number of votes of the
members present and voting shall be elected.
(d) In the event of the death or resignation of a member of the
authority whose remaining term of office shall be six months or less,
the authority shall appoint a member to fill the vacancy for the
unexpired term from the affected owner group. In the event of the
death or resignation of a member of the authority whose term has
more than six months to expiration, the authority shall declare that a
vacancy exists and the authority shall give notice to the owner group
affected of the time and place of the holding of a caucus for the
purpose of filling the vacancy for the unexpired term. At such caucus,
the nominee receiving the highest number of votes shall be elected to
fill the vacancy.
(e) As used in this section, the owners of the property which is
subject to the tax provided herein shall be deemed, with respect to
each parcel, to be that person or those persons who hold of record
legal title to such parcel without regard to any lease, contract to sell,
deed to secure debt, or other encumbrance thereon. The owner or
owners of each parcel shall be entitled to one vote; provided, however,
all contiguous property under the same ownership shall be deemed
one parcel.
(f) As used in this section, the owners of business establish-
ments operating within the Downtown Dalton District shall be
deemed to be that person or persons to whom a business license has
been issued by the City of Dalton for the operation of a business and
who is actually operating a business located within such district. The
holder or holders of each such license shall be entitled to one vote.
(g) Publication of notice in the official organ of Whitfield
County, Georgia, not less than one week prior to the date of any
meeting provided for herein shall be deemed due notice of such
meeting to all persons concerned.
(h) Should any elected member of the authority refuse to serve
or should any elected member cease to own property or a business
within the Downtown Dalton District a vacancy shall be immedi-
4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ately declared and a successor member named as provided hereina-
bove.
(i) All actions of the authority shall be taken pursuant to a vote
of the members. A majority of the membership of the authority shall
be required to decide all issues and to authorize all actions.
(j) All members of the authority, in addition to owning property
or a business within the Downtown Dalton District, shall possess all
qualifications required of voters by the laws of the State of Georgia.
(k) The members of the authority shall elect one of their mem-
bers as chairman and another as vice-chairman and shall also elect a
secretary or secretary/treasurer. The members of the authority shall
receive no compensation for their services but shall be reimbursed for
actual expenses incurred in the performance of their duties.
Section 4. Taxation. The City of Dalton shall levy upon all real
and personal property, except property used for residential or school
or church purposes and except personal property which is returned
for taxation to the State Revenue Commissioner, located within the
Downtown Dalton District and subject to taxation by the City of
Dalton a tax not to exceed eight mills according to the assessed value
of said property for ad valorem taxes levied by the City of Dalton.
The tax shall be levied by the City of Dalton at the request of the
authority upon such terms and conditions as the governing body of
the municipal corporation has established for the levy of such tax.
Any such tax shall be due and payable at the same time as real
property ad valorem taxes levied by the City of Dalton, and taxes not
paid when due shall bear the same interest and penalties as other real
property ad valorem taxes levied by the City of Dalton. The City of
Dalton shall collect the amount of any such tax and pay such amount
to the authority, which shall use the tax in furtherance of its public
purposes.
Section 5. Expansion of District, (a) Any property which has a
common boundary with the Downtown Dalton District may be
annexed to said District by a resolution duly adopted by the authority
if the owners of the property to be annexed unanimously consent to
such annexation. Any property which has a common boundary with
the Downtown Dalton District may also be annexed to said District by
resolution of the authority upon the petition to the authority of 70
percent of the owners of the property to be annexed and 70 percent of
the owners of businesses located within the area to be annexed.
GEORGIA LAWS 1981 SESSION
4677
(b) Any such change in the boundaries of the Downtown Dalton
District shall be effective prospectively from the adoption of the
resolution providing therefor and shall not affect any project of, or
any action taken by, the authority within the Downtown Dalton
District as defined prior to such change becoming effective. No such
change shall modify the terms and conditions previously established
with respect to the levying of the ad valorem tax authorized by this
Act; and in no event shall taxing powers or amounts, whether accrued
or to accrue in the future, which have been pledged, conveyed,
assigned, hypothecated, or otherwise encumbered as security for
repayment of any revenue bonds, notes, or other obligations of the
authority be affected by any such modification until such revenue
bonds, notes, or other obligations have been paid and satisfied in full.
Section 6. Powers of authority. The authority shall have all of
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 to be sued;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and other
instruments necessary or convenient to exercise the powers of the
authority or to further the public purpose for which the authority
is created, including but not limited to contracts for construction
of projects, leases of projects, contracts for sale of projects, agree-
ments for loans to finance projects, and contracts with respect to
the use of projects;
(4) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real and personal property of every kind and
character, or any interest therein, in furtherance of the public
purpose of the authority;
(5) To finance (by loan, grant, lease, or otherwise), con-
struct, erect, assemble, purchase, acquire, own, repair, remodel,
renovate, rehabilitate, modify, maintain, extend, improve, install,
sell, equip, expand, add to, operate, or manage projects and to pay
the cost of any project from the proceeds of revenue bonds, notes,
or other obligations of the authority or any other funds of the
authority or from any contributions or loans by persons, corpora-
4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tions, limited or general partnerships, or other entities, all of
which the authority is hereby authorized to receive and accept and
use;
(6) 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 agreements or instruments as may be
necessary or desirable in the judgment of the authority to evidence
and to provide security for such borrowing;
(7) 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 purpose;
(8) To make application directly or indirectly to any federal,
state, county, or municipal government or agency or to any other
source, public or private, for loans, grants, guarantees, or other
financial assistance in furtherance of the authoritys public pur-
pose and to accept and use the same upon such terms and
conditions as are prescribed by such federal, state, county, or
municipal government or agency or other source;
(9) To enter into agreements with the federal government or
any agency thereof to use the facilities or the services of the federal
government or any agency thereof in order to further or carry out
the public purposes of the authority;
(10) To contract for any period not exceeding 50 years with
the State of Georgia, state institutions, or any city, town, munici-
pality, 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 institu-
tion 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
political subdivision with which the authority contracts are by law
authorized to undertake;
GEORGIA LAWS 1981 SESSION
4679
(11) To extend credit or make loans to any person, corpora-
tion, limited or general partnership, or other entity for the costs of
any project or any part of the costs of any project, which credit or
loans may be evidenced or secured by loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security agreements,
assignments, or 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 exten-
sion of credit or loans, including provision for the establishment
and maintenance of reserve funds; and, in the exercise of powers
granted hereby 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, secu-
rity agreement, assignment, or other instrument of such provi-
sions or requirements for guaranty of any obligations, insurance,
construction, use, operation, maintenance, and financing of a
project and such other terms and conditions as the authority may
deem necessary or desirable;
(12) As security for repayment of any revenue bonds, notes,
or other obligations of the authority, to pledge, mortgage, convey,
assign, hypothecate, or otherwise encumber any property of the
authority, including but not limited to real property, fixtures,
personal property, and revenues or other funds, and to execute
any lease, trust indenture, trust agreement, agreement for the sale
of the authoritys revenue bonds, notes, or other obligations, loan
agreement, mortgage, deed to secure debt, trust deed, security
agreement, assignment, or other agreement or instrument as may
be necessary or desirable in the judgment of the authority to
secure any such revenue bonds, notes, or other obligations, which
instruments or agreements may provide for foreclosure or forced
sale of any property of the authority upon default in any obliga-
tion of the authority either in payment of principal, premium, if
any, or interest or in the performance of any term or condition
contained in any such agreement or instrument. The State of
Georgia on behalf of itself and each county, municipal corpora-
tion, political subdivision, or taxing district therein hereby waives
any right it or such county, municipal corporation, political subdi-
vision, 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 agreement or instrument encumbering such prop-
erty may be foreclosed in accordance with law and the terms
thereof;
4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(13) As security for repayment of any revenue bonds, notes,
or obligations of the authority, to enter into any agreement or
other instrument pursuant to which the authority agrees to
request that the City of Dalton levy ad valorem taxes upon such
terms and conditions as the governing body of the City of Dalton
has established for the levy of such tax and to pledge, convey,
assign, hypothecate, or otherwise encumber amounts received by
the authority from such taxes;
(14) To receive and use the proceeds of any tax levied by the
City of Dalton pursuant to the authoritys request, as provided in
this Act, to pay the costs of any project or for any other purpose for
which the authority may use its own funds pursuant to this Act;
(15) To receive and administer gifts, grants, and devises of
money and property of any kind and to administer trusts;
(16) To use any real property, personal property, or fixtures
or any interest therein or to rent or lease such property to or from
others or make contracts with respect to the use thereof or to sell,
lease, exchange, transfer, assign, pledge, or otherwise dispose of or
grant options for any such property in any manner as it deems to
the best advantage of the authority and the public purpose
thereof;
(17) To acquire, accept, and retain equitable interests, secu-
rity interests, or other interests in any real property, personal
property, or fixtures by loan agreement, note, mortgage, deed to
secure debt, trust deed, security agreement, assignment, pledge,
conveyance, contract, lien, loan agreement, or other consensual
transfer in order to secure the repayment of any moneys loaned or
credit extended by the authority;
(18) To appoint, select, and employ engineers, surveyors,
architects, urban or city planners, fiscal agents, attorneys, and
others and to fix their compensation and pay their expenses;
(19) To encourage and promote the improvement and revi-
talization of the Downtown Dalton District and to make, con-
tract for, or otherwise cause to be made long-range plans or
proposals for the Downtown Dalton District in cooperation with
the City of Dalton;
GEORGIA LAWS 1981 SESSION
4681
(20) To adopt bylaws governing the conduct of business by
the authority, the election and duties of officers of the authority,
and other matters which the authority determines to deal with in
its bylaws;
(21) 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 public purpose of the authority; and
(22) To do all things necessary or convenient to carry out the
powers conferred by this Act.
The powers enumerated in each paragraph above are cumulative
with and in addition to those enumerated in the other paragraphs
above and elsewhere in this Act, and no such power limits or restricts
any other power of the authority.
Section 7. Eminent domain. The City of Dalton may exercise
the power of eminent domain within the Downtown Dalton District
to acquire property on behalf of the authority. The power of eminent
domain may be exercised by the City of Dalton on behalf of the
authority only for the purpose of acquiring property which will be
devoted by the authority to a public use, and no property acquired by
the exercise of such power may be acquired for the purpose of
devoting such property to private use. Property acquired by the City
of Dalton as provided herein shall be conveyed to the authority upon
the payment by the authority to the city of the total cost of such
acquisition.
Section 8. Revenue bonds. Revenue bonds, notes, or other
obligations issued by an authority shall be paid solely from the
property, including but not limited to real property, fixtures, personal
property, revenues, or other funds, and obligations pledged, mort-
gaged, conveyed, assigned, hypothecated, or otherwise encumbered to
secure or to pay such bonds, notes, or other obligations. All revenue
bonds, notes, and other obligations shall be authorized by resolution
of the authority adopted by a majority vote of the directors of the
authority. Such revenue bonds, notes, or other obligations shall bear
such date or dates, shall mature at such time or times not more than
30 years from their respective dates, shall bear interest at such rate or
rates, which may be fixed or may fluctuate or otherwise change from
time to time, shall be subject to redemption on such terms, and shall
contain such other terms, provisions, covenants, assignments, and
4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conditions as the resolution authorizing the issuance of such bonds,
notes, or other obligations may permit or provide. The terms,
provisions, covenants, assignments, and conditions contained in or
provided or permitted by any resolution of the authority authorizing
the issuance of such revenue bonds, notes, or other obligations shall
bind the directors of the authority then in office and their successors.
The authority shall have power from time to time and whenever it
deems refunding expedient to refund any bonds by the issuance of
new bonds, whether the bonds to be refunded have or have not
matured, and may issue bonds partly to refund bonds then outstand-
ing and partly for any other purpose permitted under this Act. The
refunding bonds may be exchanged for the bonds to be refunded with
such cash adjustments as may be agreed upon or may be sold and the
proceeds applied to the purchase or redemption of the bonds to be
refunded. There shall be no limitation upon the amount of revenue
bonds, notes, or other obligations which any authority may issue. Any
limitations with respect to interest rates or any maximum interest
rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761),
as now or hereafter amended, the usury laws of the State of Georgia,
or any other laws of the State of Georgia shall not apply to revenue
bonds, notes, or other obligations of the authority.
Section 9. Provisions and obligations; limitations and proce-
dures. (a) Subject to the limitations and procedures provided by this
section, the agreements or instruments executed by the authority
may contain such provisions not inconsistent with law as shall be
determined by the board of directors of the authority.
(b) The proceeds derived from the sale of all bonds, notes and
other obligations 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 or for the purpose of
refunding any bonds, notes, or other obligations issued in accordance
with the provisions of this Act.
(c) Issuance by the authority of one or more series of bonds,
notes, or other obligations for one or more purposes shall not preclude
it from issuing other bonds, notes, or other obligations in connection
with the same project or with any other projects; but the proceeding
wherein any subsequent bonds, notes, or other obligations shall be
issued shall recognize and protect any prior loan agreement, mort-
gage, deed to secure debt, trust deed, security agreement, or other
agreement or instrument made for any prior issue of bonds, notes, or
GEORGIA LAWS 1981 SESSION
4683
other obligations, unless in the resolution authorizing such prior issue
the right is expressly reserved to the authority to issue subsequent
bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is hereby authorized,
whenever bonds of the authority shall have been validated as pro-
vided in this Act, to issue from time to time its notes in anticipation 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 such bond
anticipation notes only to provide funds which would otherwise be
provided by the issuance of the bonds as validated. Such 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 condi-
tions which the authority is authorized to include in any bonds.
Validation of such bonds shall be a condition precedent to the
issuance of such bonds, 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) All bonds issued by the authority under this Act shall be
issued and validated under and in accordance with the Revenue Bond
Law (Ga. Laws 1937, p. 761), as heretofore and hereafter amended,
except as provided in this Act, provided that notes and other obliga-
tions of the authority may, but shall not be required to, be so
validated.
(f) 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 exchangeability and transferability provisions as
the bond resolution authorizing the issuance of such bonds or any
indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. The signature of
the clerk of the superior court of the judicial circuit in which the
issuing authority is located may be made on the certificate of valida-
tion of such bonds by facsimile or by manual execution stating the
4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
date on which such bonds were validated, and such entry shall be
received as original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which bonds
to be issued by the authority are to bear, the notice to the district
attorney or Attorney General, the notice to the public of the time,
place, and date of the validation hearing, and the petition and
complaint for validation may state that the bonds when issued will
bear interest at a rate not exceeding a maximum per annum rate of
interest, which may be fixed or may fluctuate or otherwise change
from time to time, specified in such notices and petition and com-
plaint or, 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, which may be fixed or may fluctuate or otherwise
change from time to time, so specified; provided, however, that
nothing contained herein shall be construed as prohibiting or restrict-
ing the right of the authority to sell such bonds at a discount, even if
in doing so the effective interest cost resulting therefrom would
exceed the maximum per annum interest rate specified in such
notices and in the petition and complaint.
(i) The terms cost of the project or cost of any project shall
have the meaning prescribed in this Act whenever referred to in bond
resolutions of the authority, in bonds, notes, or other obligations of
the authority, or in notices or proceedings to validate such bonds,
notes, or other obligations of the authority.
Section 10. Purpose and declaration of need. The revitalization
and redevelopment of the central business district of the City of
Dalton develops and promotes for the public good and general welfare
trade, commerce, industry, and employment opportunities and pro-
motes the general welfare of the state by creating a climate favorable
both to the location of new industry, trade, and commerce and to the
development of existing industry, trade, and commerce within the
City of Dalton. Revitalization and redevelopment of the central
business district by financing projects under this Act will develop and
promote for the public good and general welfare trade, commerce,
industry, and employment opportunities and will promote the gen-
eral welfare of the state. It is therefore in the public interest, vital to
the public welfare of the people of the City of Dalton, and hereby
declared to be the public purpose of this Act to revitalize and
redevelop the central business district of the City of Dalton. No
bonds, notes, or other obligations, except refunding bonds, shall be
GEORGIA LAWS 1981 SESSION
4685
issued by the authority hereunder unless its board of directors adopts
a resolution finding that the project for which such bonds, notes, or
other obligations are to be issued will promote the foregoing objec-
tives.
Section 11. Construction of Act. The provisions of this Act shall
be liberally construed to effect the purpose hereof. The offer, sale, or
issuance of bonds, notes, or other obligations by the authority shall
not be subject to regulation under the Georgia Securities Act of 1973
(Ga. Laws 1973, p. 1202), as heretofore and hereafter amended. No
notice, proceeding, or publication except those herein required shall
be necessary to the performance of any act herein authorized nor shall
any such act be subject to referendum.
Section 12. Bonds, notes, and other obligations not to constitute
public debt. No bonds, notes, or other obligations of and no indebted-
ness incurred by the authority shall constitute an indebtedness or
obligation of the State of Georgia or any county, municipal corpora-
tion, or political subdivision thereof or of the City of Dalton nor shall
any act of the authority in any manner constitute or result in the
creation of an indebtedness of the state or any such county, municipal
corporation, or political subdivision or of the City of Dalton. Except
as otherwise specifically provided in this Act, no holder or holders of
any such bonds, notes, or other obligations shall ever have the right to
compel any exercise of the taxing power of the state or any county,
municipal corporation, or political subdivision thereof or of the City
of Dalton or to enforce the payment thereof against the state or any
such county, municipal corporation, or political subdivision or against
the City of Dalton.
Section 13. Constitutional authority for Act; tax exemption of
authorities. This Act is passed pursuant to authority granted the
General Assembly by the Constitution of the State of Georgia of 1976.
The authority hereby created is created for nonprofit and public
purposes; and it is hereby found, determined, and declared that the
creation of each such authority and the carrying out of its corporate
purposes is in all respects for the benefit of the people of the state and
the City of Dalton 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.
For such reasons the state covenants with the holders from time to
time of the bonds, notes, and other obligations issued hereunder that
the authority shall not be required to pay any taxes or assessments
4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
imposed by the state or any of its counties, municipal corporations,
political subdivisions, or taxing districts or by the City of Dalton 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, notes, and other obligations of the authority, their
transfer, and the income therefrom shall at all times be exempt from
taxation within the state. The tax exemption herein provided shall
not include any exemption from sales and use tax on property
purchased by the authority or for use by the authority.
Section 14. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly 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 15. Affect on other authorities. This Act shall not affect
any other authority now or hereafter existing under general or local
constitutional amendment or general or local law.
Section 16. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 17. 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
1981 session of the General Assembly of Georgia a bill to create the
Downtown Dalton Development Authority and to provide for its
powers, duties, and responsibilities; and for other purposes.
GEORGIA LAWS 1981 SESSION
4687
This 12th day of January, 1981.
/s/ Roger Williams
Representative,
6th District
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 Legisla-
tion was published in the Daily Citizen-News which is the official
organ of Whitfield County, on the following dates: January 16, 23 and
30,1981.
/s/ Roger Williams
Representative,
6th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ALBANY-DOUGHERTY INNER CITY AUTHORITY
ACT AMENDED.
No. 707 (House Bill No. 900).
AN ACT
To amend an Act creating the Albany-Dougherty Inner City
Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), as
amended, so as to change and provide for definitions; to amplify,
change, expand, and declare the purposes and objectives of the
Authority; to provide for tax exemptions; to change certain provisions
relating to the authorization of the issuance of revenue bonds; to
amplify, expand, change, and declare the powers of the Authority; to
amplify, expand, change, and declare the purpose of the Authority; to
change certain provisions relating to revenue bonds and costs; to
change certain provisions relating to resolutions, trust indentures,
and other instruments and agreements; to change certain provisions
relating to creation of debt; to provide that this Act shall be liberally
construed; 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. An Act creating the Albany-Dougherty Inner City
Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), as
amended, is hereby amended by striking in its entirety Section 2
thereof and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. Definitions. As used in this Act, the following words
and terms shall have the meanings set forth herein below:
(a) The term Act shall mean the Act of the General Assembly
approved March 30, 1977 (Ga. Laws 1977, p. 4220), creating the
Authority (as defined below), as now or hereafter amended.
(b) The term Authority shall mean the Albany-Dougherty
Inner City Authority.
(c) The terms cost of the project or cost of any project shall
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 project; all costs of real
GEORGIA LAWS 1981 SESSION
4689
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, archi-
tectural and legal services and all expenses incurred by engineers,
architects, and attorneys in connection with any project; all inspec-
tion 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 obliga-
tions for any project; all costs permitted under Section 6 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.
4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The term project shall mean and shall include the acquisi-
tion, construction, installation, modification, renovation, or rehabili-
tation of buildings, structures, facilities, and other improvements
located or to be located within a project area, 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 any project area. 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 project areas and the public purpose
of this Act.
(e) The terms project area or project areas shall mean any
slum or blighted area or areas within those urban, central city, or
downtown portions of Dougherty County, Georgia, selected by the
Authority for redevelopment or improvement pursuant to the author-
ity and provisions of this Act.
(f) The terms revenue bonds and bonds shall mean any bonds
of the Authority which are authorized to be issued under the Consti-
tution and laws of the State of Georgia, including refunding bonds.
(g) The term slum or blighted area shall mean any area in
which there is a predominance of buildings or improvements, whether
residential or nonresidential, which by reason of dilapidation, deteri-
oration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and
overcrowding, or existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors,
is conducive to ill health, transmission of disease, infant mortality,
juvenile delinquency, or crime and is detrimental to the public health,
safety, morals, or welfare, or any area which by reason of the presence
of:
(i) A substantial number of slum, deteriorated, or deterio-
rating structures;
(ii) Predominance of defective or inadequate street layout;
GEORGIA LAWS 1981 SESSION
4691
(iii) Faulty lot layout in relation to size, adequacy,
acessibility, or usefulness;
(iv) Unsanitary or unsafe conditions;
(v) Deterioration of site or other improvements;
(vi) Tax or special assessment delinquency exceeding the
fair value of land;
(vii) The existence of conditions which endanger life or prop-
erty by fire and other causes;
(viii) Diversity of ownership or defective or unusual condi-
tions of title which prevents the free alienability of land within the
deteriorated or hazardous area; or
(ix) Any combination of such factors, substantially impairs
or arrests the sound growth of a municipality, retards the provi-
sions of housing accommodations, or constitutes an economic or
social liability and is a menace to the public health, safety, morals,
or welfare in its present condition and use.
Section 2. Said Act is further amended by striking in its entirety
Section 3 thereof and inserting in lieu thereof a new Section 3 to read
as follows:
Section 3. Purposes of the Authority, (a) The Authority has
been created for the purpose of eliminating and improving slum or
blighted areas by the revitalization and redevelopment of the project
areas for any commercial, business, office, public, or other use deter-
mined by the members of the Authority to further the redevelopment
of the project areas. In pursuit of such purpose, the Authority may
engage in any one or more of the following redevelopment activities:
(i) The acquisition and clearance of project areas which are
predominantly slum or blighted areas, the preparation of such
areas for reuse, and the sale or other disposition of such areas to
private enterprise for private uses or to public bodies for public
uses;
(ii) The renovation and rehabilitation of existing buildings,
structures, and improvements located in the project areas;
4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(iii) The acquisition and construction of new buildings,
structures, and improvements to be located in the project areas;
(iv) The improvement of the public facilities of said areas
including the construction of streets, roadways, parks, malls, and
transportation systems, the acquisition, construction, adding to,
extending, improving, equipping, maintaining and operating par-
king lots, parking garages, parking decks, and other parking
structures and any and all other facilities useful or desirable in
connection therewith, 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
(v) Such other activities as determined by the members of
the Authority to further the redevelopment of the project areas.
The purpose of the Authority is hereby found and declared to be
an essential and public purpose, the pursuit of which will promote
the public good and welfare and benefit the citizens of Dougherty
County, Georgia, in general, and the project areas, in particular,
by (1) redeveloping and revitalizing the project areas and (2)
fostering the development of trade, commerce, industry, and
employment opportunities within the project areas.
(b) It is hereby further found and declared that all property of
the Authority held pursuant to the terms of this Act, whether real or
personal, tangible, or intangible, or of any kind and 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,
and that all bonds of the Authority issued under the provisions of this
Act are declared to be issued for an essential public purpose and all
such bonds and the income therefrom shall at all times be exempt
from taxation within the State.
Section 3. Said Act is further amended by striking in its entirety
subsection (e) of Section 4 thereof and inserting in lieu thereof a new
subsection (e) to read as follows:
(e) 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 Author-
ity.
GEORGIA LAWS 1981 SESSION
4693
Section 4. Said Act is further amended by striking in its entirety
the first clause of subsection (c) of Section 5 and inserting in lieu
thereof the following:
To make and execute contracts and other instruments necessary
or convenient to the exercise of the powers of the Authority, includ-
ing, 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 which it causes to be erected or acquired, and to
contract with any departments, institutions, agencies, counties,
municipalities, or political subdivisions of the State of Georgia, public
corporations, and with private legal entities and others upon such
terms and for such purposes as the members of the Authority may
deem advisable;.
Section 5. Said Act is further amended by striking in their
entirety subsections (d), (j), and (n) of Section 5 thereof and inserting
in lieu thereof new subsections (d), (j), and (n) to read as follows:
(d) To finance (by loan, grant, or lease), construct or erect,
purchase, acquire, own, repair, remodel, renovate, rehabilitate, main-
tain, 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 contributions 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;
(j) To issue revenue bonds, notes, or other obligations of the
Authority and use the proceeds thereof for the purpose of paying, or
lending the proceeds thereof to pay, all or any part of the cost of any
project or 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 pur-
poses;
(n) 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.
4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. Said Act is further amended by redesignating existing
subsection (u) of Section 5 as subsection (w) and by adding thereto
new subsections (u) and (v) to read as follows:
(u) 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.
(v) As security for repayment of any revenue bonds, notes, or
other obligations of the Authority, to pledge, mortgage, convey,
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 Authoritys 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 obliga-
tions, 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 perfor-
mance of any term or condition contained in any such instrument;
provided, however, the Authority may not mortgage any of its prop-
erty if such transaction would constitute a violation of any of the
provisions of the Constitution or laws of the State of Georgia.
Section 7. Said Act is further amended by adding to subsection
(a) of Section 6 thereof the following:
GEORGIA LAWS 1981 SESSION
4695
The Authority in determining the cost of any project for which
revenue bonds, notes, or other obligations are to be issued may
include all costs relative to the issuance thereof, including, without
limitation, architectural, engineering, inspection, fiscal agents and
legal expenses estimated to accrue from the date of any such revenue
bonds, notes, or other obligations through the period of construction
and for six months after the completion thereof.
Section 8. Said Act is further amended by striking in its entirety
subsection (i) of Section 6 thereof and inserting in lieu thereof a new
subsection (i) to read as follows:
(i) The revenue bonds or obligations herein authorized to be
issued shall not be deemed to constitute a debt (within the meaning of
Article IX, Section VII, Paragraph I of the Constitution of the State
of Georgia of 1976) of the State of Georgia, the City of Albany, the
County of Dougherty, or the Authority, or a pledge of the faith and
credit of said State, City, County, nor shall said State, City, or County
be subject to any pecuniary liability thereon.
Section 9. Said Act is further amended by deleting in its entirety
the sixth sentence of subsection (j) of Section 6 thereof and by
inserting two new sentences in lieu thereof to read as follows:
Any resolution adopted by the Authority or any indenture of
trust, trust agreement, or other instrument executed by 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.
Section 10. This Act having been adopted for the purpose of
promoting the public good and welfare and for the benefit of the
citizens of Dougherty County, Georgia, the same shall be liberally
construed so as to effectuate the purposes thereof.
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,
4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional 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 12. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 13. All laws and parts of laws in conflict with this Act
are hereby repealed.
Notice of Intention to Introduce Local Legislation.
There will be introduced for passage at the current 1981 session of
the General Assembly of Georgia a local bill to amplify, expand, and
declare the purposes, objectives, and powers of the Albany-Dougherty
Inner City Authority.
Albany-Dougherty Inner
City Authority
By: James V. Davis,
Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Chambless who, on oath,
deposes and says that he/she is Representative from the 131st Dis-
trict, 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
28, February 4,11,1981.
/s/ Tommy Chambless
Representative,
131st District
GEORGIA LAWS 1981 SESSION
4697
Sworn to and subscribed before me,
this 26th day of February, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
McIntosh reserve historical authority.
No. 708 (House Bill No. 919).
AN ACT
To create the McIntosh Reserve Historical Authority; to provide
for a short title; to provide for legislative findings; to provide for
membership of the Authority, and the appointment, terms, qualifica-
tions, compensation, and expenses of members; to provide for organi-
zation of the Authority; to provide for an advisory board and the
appointment, terms, and expenses thereof; to provide for vacancies;
to provide for definitions; to provide for powers of the Authority; to
provide for the issuance of revenue bonds and the conditions and
procedures connected therewith; to provide for bond form, denomi-
nation, registration, and place of payment; to provide for signatures
and seals upon bonds and coupons; to provide for bond negotiability
and exemption from taxation; to provide for sale of bonds and use of
proceeds thereof; to provide for interim receipts and certificates and
temporary bonds; to provide for replacement of bonds; to provide
conditions precedent to bond issuance; to provide that such bonds
shall not be a debt of or pledge of faith and credit of Carroll County;
to provide for trust indentures and the conditions and procedures
connected therewith; to provide for payment of bond proceeds; to
provide for a sinking fund and the conditions and procedures con-
nected therewith; to provide for remedies of bondholders; to provide
254
4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for funding and refunding bonds; to provide for venue and jurisdic-
tion; to provide for bond validation and the procedures connected
therewith; to provide for protection of the interest of bondholders; to
provide for certain moneys to be considered trust funds; to provide
for the purposes of the Authority; to provide for collection and use of
rates, fees, tolls, charges, and other revenues; to provide for rules and
regulations; to provide for open meetings; to provide for competitive
bids; to provide for actions by the Authority; to provide for audits and
publication thereof; to provide for investment of funds; to provide
that certain powers shall be supplemental and additional; to provide
for construction; to provide for county and municipal powers; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This may be cited as the McIntosh
Reserve Historical Authority Act.
Section 2. McIntosh Reserve Historical Authority, (a)
The General Assembly hereby finds that the McIntosh Reserve in
Carroll County, Georgia, constitutes an important historical, cultural,
and educational site for the State and Carroll County, and that the
Indian mounds and other Indian artifacts contained therein must be
preserved and protected, and that exhibit and other facilities be
developed on or near the McIntosh Reserve for purposes of invest-
igating such Indian artifacts and informing and educating citizens of
and visitors to this State of the significant contributions of Indian
history and culture to the history and culture of this State.
(b) For the purposes specified in subsection (a) of this Section,
there is hereby created a body corporate and politic to be known as
the McIntosh Reserve Historical 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.
(c) The Authority shall consist of seven members. Members of
the Authority shall be appointed by the Board of Commissioners of
Carroll County for terms of office of seven years and until the
appointment and qualification of their respective successors. Any
elective county officer of Carroll County or of the Carroll County
GEORGIA LAWS 1981 SESSION
4699
school district, and any elective official of any municipality or of any
independent school system located wholly or partially within Carroll
County, may be appointed as a member of the Authority. No more
than three of such elective officials may serve on the Authority. No
person shall be eligible to serve as a member of the Authority unless
such person is a resident of Carroll County.
Any member of the Authority may be appointed to succeed
himself. Immediately after their appointments, the members of such
Authority shall enter upon their duties. Any vacancy on the Author-
ity shall be filled in the same manner as was the original appointment
of the member whose termination of membership resulted in such
vacancy and the person so selected and appointed shall serve for the
remainder of the unexpired term. 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 such
person shall have no voting rights. Two-thirds of the members of the
Authority shall constitute a quorum. No vacancy on the Authority
shall impair the right of the quorum to exercise all the rights and
perform all the duties of the Authority. The members of the
Authority 3hall receive no compensation on account of service as
members but 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.
(d) A 28 member advisory board is created to assist the Author-
ity. The advisory board shall have no policy-making functions. Each
member of the Authority is authorized to appoint four members to
the advisory board to serve for terms of two years and until the
appointment and qualification of their respective successors. Persons
to succeed members of the advisory board whose terms expire and to
fill vacancies for any unexpired term on the advisory board shall be
appointed in the same manner as was the original appointment of the
member whose term expired or whose position became vacant. The
members of the advisory board shall receive no compensation on
account of their service on the board but shall be entitled to receive
actual and necessary expenses on account of such service.
Section 3. Definitions. As used in this Act the following
words and terms shall have the following meanings:
4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) The word Authority shall mean the McIntosh Reserve
Historical Authority 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 and the usual facilities, furnishings, equipment, and real
and personal property related thereto, and extensions and improve-
ments 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.
(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
Authoritys 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 construc-
tion, 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, adminis-
trative 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
GEORGIA LAWS 1981 SESSION
4701
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;
(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 expedi-
ent to construct any project on any lands the title to which shall then
be in Carroll 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 employ-
ees, 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 pro-
jects 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
4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
every kind and character, and any and all persons, firms and corpora-
tions, 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 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 instrumental-
ity or political subdivision thereof, upon such terms and conditions as
the State of Georgia or such agency or instrumentality or political
subdivision may impose;
GEORGIA LAWS 1981 SESSION
4703
(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 corpora-
tions performing similar functions, which is not in conflict with the
Constitution and laws of this State;
(k) The Authority and the trustee acting under the trust inden-
ture, 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 ten (10) 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 Carroll County as the lessee;
(m) To accept donations, gifts, devises, and bequests or other
contributions from any person, firm, or corporation;
(n) 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 author-
ity 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 amend-
ment thereto. Interest shall be payable semi-annually, principal shall
4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 condi-
tions 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 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 registra-
tion 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 neverthe-
less be valid and sufficient for all purposes the same as if he had
remained in office until such delivery.
GEORGIA LAWS 1981 SESSION
4705
Section 8. Same; Negotiability; Exemption From Taxa-
tion. 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.
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 Issu-
ance. Such revenue bonds may be issued without any other proceed-
ings 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 Carroll County, nor a pledge of the faith and credit of said
County, but such bonds shall be payable solely from the fund herein-
after 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
4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
recitals on their face covering substantially the foregoing provisions
of this Section.
Section 14. Trust Indenture as Security. In the discre-
tion 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 provisions
for protecting and enforcing the rights and remedies of the bondhold-
ers 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 con-
structed and paid for under the supervision and approval of consult-
ing 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 bond-
holders 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 inden-
ture 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 issu-
ance 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
GEORGIA LAWS 1981 SESSION
4707
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 principal and
interest on revenue bonds of the Authority as the resolution authoriz-
ing 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 inden-
ture, 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
4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 pro-
tect 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 Carroll 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 unless otherwise required by the Constitu-
tion of the State of Georgia.
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 instrumen-
tality 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 instrumen-
tality 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 valida-
GEORGIA LAWS 1981 SESSION
4709
tion 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 McIntosh Reserve
Historical 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, employ-
ees 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 and the usual facilities, furnish-
ings, equipment, and property related thereto, and related buildings
and the usual and convenient facilities appertaining to such under-
takings and extensions and improvements of such facilities, acquiring
parking areas in connection therewith, acquiring the necessary prop-
erty 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
4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 con-
structed under the provisions of this Act, including the basis on which
facilities shall be furnished.
Section 26. Open Meetings; Financial Transactions, (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 $500.00 shall be accomplished
pursuant to competitive bids, after having published invitations to
bid in the official organ of Carroll 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 Carroll County. All bids for the disposal of
such property shall be opened during public meetings of the Author-
ity and the acceptance and rejection thereof shall be entered upon the
minutes of the Authority.
GEORGIA LAWS 1981 SESSION
4711
(d) The affirmative action of at least four members of the
Authority shall be required in order that any action on behalf of the
Authority may be taken.
(e) At the conclusion of each fiscal year of the Authority, the
affairs of the Authority shall be audited by a certified public account-
ing firm. The Board of Commissioners of Carroll County shall select
the firm which shall conduct the audit. A synopsis of the audit shall
be published in the official organ of Carroll 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 Addi-
tional. 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 Carroll
County, shall be liberally construed to effect the purposes hereof.
Section 29. County Powers. This Act does not in any way
take from Carroll County or any municipality located therein, the
authority to own, develop, operate and maintain buildings or facili-
ties, 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 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.
4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 31. Effective Date. This Act shall become effec-
tive upon 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 January
1981 session of the General Assembly of Georgia a bill to create an
authority for the development of the McIntosh Reserve; to provide
the procedure connected therewith and for other purposes.
This 10th day of February, 1981.
/s/ Wayne Garner
/s/ Gerald L. Johnson
/s/ Charles A. Thomas, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Gerald Johnson who, on oath,
deposes and says that he/she is Representative from the 66th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Daily Times-Georgian which is the
official organ of Carroll County, on the following dates: February 12,
19,26,1981.
/s/ Gerald Johnson
Representative,
66th District
GEORGIA LAWS 1981 SESSION
4713
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
MILLER COUNTYBOARD OF EDUCATION,
REFERENDUM.
No. 709 (House Bill No. 925).
AN ACT
To amend an Act changing the method of selecting the members
of the board of education of Miller County, approved March 21,1968
(Ga. Laws 1968, p. 2529), as amended by an Act approved March 13,
1970 (Ga. Laws 1970, p. 2726), so as to change the method of electing
the members of the board of education of Miller County; to provide
for terms of office; to provide for district residency requirements; to
provide for filling vacancies; to provide for other matters relative to
the foregoing; to provide for a referendum; to provide for a special
election; to provide for certain submissions to the attorney general of
the United States; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the method of selecting the members
of the board of education of Miller County, approved March 21,1968
(Ga. Laws 1968, p. 2529), as amended by an Act approved March 13,
1970 (Ga. Laws 1970, p. 2726), is hereby amended by striking Section
1 in its entirety and inserting in lieu thereof a new Section 1 to read as
follows:
4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) The board of education of Miller County shall be
composed of five members to be elected as hereinafter provided. For
the purpose of electing members of the board of education of Miller
County, said county shall be divided into five education districts as
follows:
EDUCATION DISTRICT 1
Commencing at a point where County Road No. S1586,
known as the Phillipsburg Road, intersects the Miller-Baker
County Line and run in a Southwesterly direction along the
centerline of said County Road to a point where the centerline of
said County Road intersects the City Limits Boundary Line of the
City of Colquitt, Georgia; thence run Westerly along the City
Limits Boundary Line of the City of Colquitt to a point where the
City Limits Boundary Line intersects the centerline of State
Highway 45; thence run Southerly along the centerline of State
Highway 45 to a point where said centerline intersects the center-
line of Cuthbert Street in the City of Colquitt, Georgia; thence run
in a Southerly direction along the centerline of Cuthbert Street to
a point where said centerline intersects the centerline of Main
Street in the City of Colquitt; thence run Easterly along the
centerline of Main Street in the City of Colquitt to a point where
the centerline of Main Street intersects the centerline of Fourth
Street in the City of Colquitt; thence run in a Northerly direction
along the centerline of Fourth Street to a point where the center-
line of Fourth Street intersects County Road No. S1586 in the
City of Colquitt; thence run in a Northeasterly direction along the
centerline of County Road No. S1586 to a point where the center-
line of said road intersects the centerline of Perry Drive, also
known as the Old Colquitt-Cooktown Road in the City of Colquitt;
thence run along the centerline of said Perry Drive in an Easterly
direction to the City Limits Boundary Line of the City of Colquitt;
thence continue in an Easterly direction along the centerline of
said County dirt road, known as the Old Colquitt-Cooktown Road,
to a point where said Road intersects the centerline of State
Highway 91; thence run along the centerline of State Highway 91
in an Easterly direction to a point where the centerline of State
Highway 91 intersects the Miller-Baker County Line; thence run
Northerly along the Miller-Baker County Line to the Northeast
corner of Miller County, Georgia; thence run Westerly along the
Miller-Baker County Line to the centerline of County Road
No. S1586, the Point of Beginning of said District 1.
GEORGIA LAWS 1981 SESSION
4715
EDUCATION DISTRICT 2
Commencing at a point where the centerline of State High-
way 91 intersects the East County Line of Miller County, being
the Miller-Baker County Line, and run Westerly along the center-
line of State Highway 91 to a point where the centerline of State
Highway 91 intersects the centerline of the Old Colquitt-
Cooktown Dirt Road; thence run in a Westerly direction along the
centerline of the Old Colquitt-Cooktown Dirt Road to the East
City Limits Boundary Line for the City of Colquitt; thence run in
a Southerly direction along the East City Limits Boundary Line
for the City of Colquitt to the Southeast corner of the City Limits
for the City of Colquitt; thence run in a Westerly direction along
the South City Limits Boundary Line for the City of Colquitt to a
point where said City Limits Boundary Line intersects the center
of the run of Spring Creek; thence run in a Southerly direction
along the center of the run of Spring Creek to the South County
Line of Miller County, being the Miller-Decatur County Line;
thence run in an Easterly direction along the South County Line
of Miller County to the Southeast corner of Miller County; thence
run in a Northerly direction along the East County Line of Miller
County to the centerline of State Highway 91, being the Point of
Beginning of District 2.
EDUCATION DISTRICT 3
Commencing at a point where the center of the run of Spring
Creek in Miller County intersects the South County Line of Miller
County, being the Miller-Decatur County Line, and run in a
Northerly direction along the center of the run of Spring Creek to
the South City Limits Boundary Line for the City of Colquitt;
thence run in a Westerly direction along the South City Limits
Boundary Line of the City of Colquitt to the Southwest corner of
the City Limits of Colquitt, Georgia; thence run in a Northerly
direction along the West City Limits Boundary Line for the City
of Colquitt to a point where said West City Limits Boundary Line
intersects the centerline of State Highway 91; thence run in a
Southwesterly direction along the centerline of State Highway 91
to a point where the centerline of State Highway 91 intersects the
centerline of State Highway No. 273; thence run in a Westerly
direction along the centerline of State Highway No. 273 to a point
where the centerline of said Highway intersects the West Miller
County Line, being the Miller-Early County Line; thence run in a
4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Southerly direction along the West Miller County Line to the
Southwest Corner of Miller County; thence in an Easterly direc-
tion along the South Miller County Line to the center of the run of
Spring Creek, being the Point of Beginning of District 3.
EDUCATION DISTRICT 4
The Corporate Limits of the City of Colquitt, Georgia, except
that section contained in District 1 as herein before described.
EDUCATION DISTRICT 5
Commencing at a point where the centerline of County Road
> No. S1586, known as the Phillipsburg Road, intersects the North
County Line of Miller County and run in a Southwesterly direc-
tion along the centerline of County Road No. S1586 to a point
where said centerline of said road intersects the North City Limits
Boundary Line for the City of Colquitt to the Northwest Corner of
the City Limits of the City of Colquitt; thence in a Southerly
direction along the West City Limits Boundary Line for the City
of Colquitt to a point where the West City Limits Boundary Line
intersects the centerline of State Highway 91; thence in a South-
westerly direction along the centerline of State Highway 91 to a
point where said centerline intersects the centerline of State
Highway No. 273; thence run in a Westerly direction along the
centerline of State Highway No. 273 to a point where said center-
line intersects the West County Line of Miller County; thence run
in a Northerly direction along the West County Line of Miller
County to the Northwest corner of Miller County; thence run in an
Easterly direction along the North County Line of Miller County
to a point where the North County Line of Miller County inter-
sects the centerline of County Road No. S1586, being the Point of
Beginning of District 5.
(b) There shall be one member of the board elected from each
one of the five education districts described herein. Each such
member shall be elected by a majority of the voters voting within the
boundaries of each respective education district. Any person offering
as a candidate to represent an education district on the board must
reside in the district from which he offers as a candidate. If any
member of the board shall change his residence from the education
district that he represents, he shall no longer represent that district
and a successor shall be elected as provided herein. In case of a
GEORGIA LAWS 1981 SESSION
4717
vacancy on the board for any cause other than the expiration of a term
of office, the remaining members of the board shall be authorized to
appoint a successor to fill the vacancy for the unexpired term.
Section 2. Said Act is further amended by striking Section 2 in
its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. The first members of the board elected under the
provisions of this Act shall assume office on January 1,1982, and each
of them shall serve for a term of office of five years. Thereafter,
members of the board shall be elected at the general election immedi-
ately preceding the expiration of their respective terms of office and
each of them shall serve for terms of office of four years and until their
successors are elected and qualified. Successors to the first and
subsequent members of the board shall assume office on the first day
of January following their election.
Section 3. It shall be the duty of the election superintendent of
Miller County to issue the call for an election for the purpose of
submitting this Act to the electors of Miller County for approval or
rejection. The superintendent shall set the date of such election for
the first Tuesday in August, 1981. At least 30 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 Miller 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 Miller County 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 Miller
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.
4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. If this Act is approved by the electors of Miller
County as provided in Section 3, it shall be the duty of the election
superintendent of Miller County to issue the call for an election for
the purpose of electing the first members of the board of education
under the provisions of this Act. The superintendent shall set the
date of the election for the first Tuesday in November, 1981. The
election shall be conducted in accordance with the provisions of this
Act and the Georgia Election Code, as amended.
Section 5. The board of education of Miller County is
hereby authorized and directed to instruct the attorney for the board
to submit immediately a certified copy of this Act and other pertinent
information to the attorney general of the United States for approval
in accordance with Section 5 of the Voting Rights Act of 1965.
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 1981 Session of the General Assembly a bill to provide for the
election of the Members of the Miller County Board of Education
from five (5) Election Districts, being one (1) member from each
district and to provide for a special election to elect the members
thereof March, 1981.
Ronald H. Rentz
Attorney for The Miller
County Board of Education
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 Intro-
duce Local Legislation was published in the Miller County Liberal
GEORGIA LAWS 1981 SESSION
4719
which is the official organ of Miller County, on the following dates:
February 5,12,19,1981.
/s/ Ralph Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
NEWTON COUNTYCOMPENSATION OF BOARD
OF COMMISSIONERS.
No. 710 (House Bill No. 929).
AN ACT
To amend an Act creating a Board of Commissioners of Newton
County, approved April 6,1967 (Ga. Laws 1967, p. 2784), as amended,
so as to change the compensation of members of the board other than
the chairman; to change the provisions relating to travel allowances
and reimbursements for 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:
4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating a Board of Commissioners of Newton
County, approved April 6,1967 (Ga. Laws 1967, p. 2784), as amended,
is hereby amended by striking from Section 1-106 the following:
The members of the board shall receive $200.00 per month, plus
actual and necessary expenses incurred in carrying out their official
duties.
Section 2. Said Act is further amended by adding between
Sections 1-106 and 1-107 a new section, to be designated Section 1-
106A, to read as follows:
Section 1-106A. (a) The members of the board of commissioners
other than the chairman shall receive a base salary of $150.00 per
month.
(b) In addition to the base salary provided for in subsection (a),
members of the board of commissioners shall receive $100.00 per
month as reimbursement for actual and necessary expenses incurred
in performing their official duties. Said sum shall be received without
the necessity of itemizing or verifying expenses.
Section 3. Said Act is further amended by striking Section 1-107
of said Act, which reads as follows:
Section 1-107. The chairman and all board members are hereby
authorized to receive not in excess of $25.00 per day for actual and
necessary expenses, exclusive of mileage or transportation fares actu-
ally expended, when said chairman and board members are out of
town overnight on county business. All actual and necessary expenses
paid to the chairman and any board member shall be paid only upon
presentation of an itemized statement of said expenses. All board
members and the chairman shall turn in an itemized statement each
month of mileage, which shall be set at 10 cents per mile, and other
expenses each month before a check is issued.,
and substituting in lieu thereof the following:
Section 1-107. (a) (1) In addition to other compensation
provided by law, the chairman and members of the board of
commissioners shall receive reimbursement for actual and neces-
sary expenses, excluding mileage or transportation costs, when the
chairman and members are out of town overnight on county
business.
GEORGIA LAWS 1981 SESSION
4721
(2) In addition to the compensation provided for herein, the
chairman and the members of the board of commissioners shall
receive reimbursement for mileage driven on county business in
personal vehicles. Such reimbursement shall correspond to the
rate per mile authorized for employees of the State of Georgia.
(b) The reimbursements provided for in subsection (a) shall be
paid only upon presentation of an itemized statement of expenses and
mileage.
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
1981 Session of the General Assembly of Georgia a bill to amend an
Act creating a Board of Commissioners for Newton County, approved
April 6, 1967 [Ga. laws 1967, p. 2784], as amended; and for other
purposes.
This 10 day of February, 1981.
Denny Dobbs
Representative,
74th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Denny Dobbs 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
4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Covington News which is the official
organ of Newton County, on the following dates: February 12,19, 26,
1981.
/s/ Denny Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
COWETA COUNTYSMALL CLAIMS COURT CREATED.
No. 711 (House Bill No. 947).
AN ACT
To create and establish a Small Claims Court of Coweta 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 marshals of and for said court and for their duties, oath,
bond, removal and compensation; to provide for the service of sum-
mons of said court; to provide for liens; to provide for appeals; to
GEORGIA LAWS 1981 SESSION
4723
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 the continuation of certain processes, actions, suits, and
cases; to provide for other matters relative to the foregoing; to provide
for legislative intent; to provide for severability; to provide an effec-
tive date; to provide conditions for 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 and established a Small
Claims Court of Coweta County. Said court shall have civil jurisdic-
tion in cases ex contractu and ex delicto 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 Coweta 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 civil and
criminal powers granted to justices of the peace by the laws of the
State of Georgia.
Section 2. (a) In order to serve as a judge of the small claims
court created by this Act, a person must be a resident of Coweta
County, 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 court 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 Coweta County.
Section 3. (a) The Board of Commissioners of Coweta 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 and one or more deputy
clerks, subject to the approval of said Board of Commissioners, who
4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be or become within twelve months after their appointment,
certified according to the same rules and procedures as certified
justices 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 clerks.
(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.
(d) The fees charged for the issuance of warrants shall be the
same as those prescribed for the issuance of warrants by justices of
the peace under the laws of the State of Georgia.
Section 4. 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 Coweta County or any judge of a state court located in
Coweta 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. All fees collected by the judge, as herein authorized,
shall be accounted for and paid into the county treasury.
Section 6. (a) Actions shall be commenced by the filing of a
statement of claims, including the last known address of the defend-
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
GEORGIA LAWS 1981 SESSION
4725
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 proceed-
ing 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
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 deter-
mined by the judge of said small claims court. The court shall be
4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
entitled to a fee of $9.50 from every such claim case. The same rules of
practice and procedure shall apply as in cases of affidavits of illegal-
ity. 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, prac-
tice, 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 hereof 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 circum-
stances and as will assure a definite and steady reduction of the
judgment until it is finally and completely satisfied.
GEORGIA LAWS 1981 SESSION
4727
Section 12. The judge of the 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 Coweta
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 accom-
plish the purposes hereof.
Section 14. The Judge of the 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 Coweta County.
Such marshals shall serve at the pleasure of the judge and under his
discretion. 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 pre-
scribed in Code Section 24-811. Such marshals 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 Coweta County
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 said Small Claims Court shall become
a lien on both the real and personal property of a defendant, regard-
less 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
of Coweta 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
4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Coweta County
Newnan, Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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 Coweta
_______________, being first duly sworn on oath, says the foregoing is a
just and true statement of the amount owing by defendant to plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
GEORGIA LAWS 1981 SESSION
4729
Sworn to and subscribed before me
this _____ day of__________, 19__.
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 $______________, 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.
255
4730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
You may come with or without an attorney.
Judge-Clerk of the Small
Claims Court of Coweta County.
(SEAL).
Section 18. The judge of the Small Claims Court in Coweta
County who is serving on the effective date of this Act shall serve until
the expiration of his current term of office. Thereafter, the judge of
said court shall be elected at the general election immediately preced-
ing the expiration of his respective term of office. Successors to the
judge of said court 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 of Coweta County, and such
successor shall serve until the next general election at which time a
successor shall be elected.
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 Board of Commissioners of Coweta
County. 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 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 may be
required to file his answer sooner than ten days after he is served with
summons, however. Whenever a garnishee shall fail to answer at the
time so stated in the summons served upon him, unless the court, in
its discretion, extends the time for filing, the judge may immediately
render judgment and issue an execution against the garnishee in favor
of the plaintiff for the amount previously adjudged to be due the
plaintiff by the original defendant, and also for costs in the garnish-
GEORGIA LAWS 1981 SESSION
4731
ment proceeding, but no judgment shall be rendered against a gar-
nishee 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 or by a Small Claims
Court marshal. Such officer shall enter his return of service either on
the back of the original garnishment affidavit or the attachment writ,
or on the back of a conformed copy of the original summons of
garnishment which was given to the garnishee, or such entry of service
may be made on a separate paper and attached to the said garnish-
ment affidavit or the writ of attachment, as the case may be.
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 Coweta County treasury or
depository to be used for Coweta County purposes.
Section 23. 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 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. All mesne and final processes and all actions, suits,
or cases which are pending in the Small Claims Court in Coweta
County as it exists on the effective date of this Act shall be continued
and shall be the same in the Small Claims Court of Coweta County
which is created by this Act.
Section 25. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Coweta County. It is the further
intent of he General Assembly that the court created by this Act
shall be a continuation of the heretofore existing small claims court in
Coweta County as created by an Act approved March 26, 1980 (Ga.
Laws 1980, p. 4045), which court shall stand abolished by action of the
General Assembly effective July 1,1981.
Section 26. 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
4732 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 uncon-
stitutional 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 27. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled 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, com-
pensation, 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 mar-
shals 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 conflict-
ing laws; and for other purposes., approved March 26,1980 (Ga. Laws
1980, p. 4045); to provide an effective date; to provide conditions for
the effective date; to repeal conflicting laws; and for other purposes.
does not pass the 1981 session of the General Assembly and is not
signed by the Governor or does not become law without his signature,
this Act shall be null and void and shall stand repealed in its entirety.
Section 28. All laws and parts of laws in conflict witn this Act
are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to create the
GEORGIA LAWS 1981 SESSION
4733
Small Claims Court of Coweta County; to provide for other matters
relative thereto; and for other purposes.
This the 19th day of January, 1981.
Vernon Hunter
Clerk, Board of
Commissioners,
Coweta County, Georgia
Georgia, Coweta County.
Personally appeared before the undersigned officer duly autho-
rized to administer oaths in the State of Georgia, William W.
Thomasson, who first being duly sworn, says on oath that he is the
publisher of the Newnan Times-Herald, the official organ of Coweta
County, and that the foregoing attached notice was duly published in
said newspaper for three weeks, to-wit: January 22, January 29 and
February 5,1981.
/s/ William W. Thomasson
Sworn to and subscribed before me,
this 26 day of February, 1981.
/s/ Charles Van S. Mottola
Notary Public, State of Georgia.
(Seal).
Approved April 9,1981.
4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ALBANYCORPORATE LIMITS.
No. 712 (House Bill No. 951).
AN ACT
To amend an Act providing a new charter for the City of Albany,
approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended,
particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p.
2104), and an Act approved March 24,1978 (Ga. Laws 1978, p. 4498),
so as to establish the corporate limits of the City of Albany; 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 Albany,
approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended,
particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p.
2104), and an Act approved March 24,1978 (Ga. Laws 1978, p. 4498),
is hereby amended by striking the first undesignated paragraph of
Section 2 of said Act and substituting in lieu thereof the following:
The corporate limits proper of the City of Albany shall be as
follows: with the intersection of the land district line between the
First and Second Land Districts of Dougherty County and the
northerly county line of Dougherty County as a beginning point run
east along the northerly county line of Dougherty County and the
north Land Lot line of Land Lots 409, 408, 369 and 368, First Land
District of Dougherty County to a point on the west bank of the
Kinchafoonee Creek; thence run southeasterly along the west bank of
the Kinchafoonee Creek to the west right-of-way line of Old Leesburg
Road; thence run south-southeasterly along the west right-of-way line
of Old Leesburg Road to the north right-of-way line of Philema Road
extended westerly; thence run easterly along the extension westerly of
the north right-of-way line of Philema Road to the east bank of the
Muckafoonee Creek; thence run southeasterly along the east bank of
the Muckafoonee Creek to the west bank of the Flint River; thence
run east three hundred (300) feet more or less to the east line of the
low water mark of Flint River; thence northeasterly along the east
bank of the Flint River and easterly along the south side of the
Georgia Power Reservoir, (as defined by the water line when the
water elevation is a 182.0 mean sea level at the Georgia Power
Company Dam,) and the Flint River and the west bank of the Piney
GEORGIA LAWS 1981 SESSION
4735
Woods Creek to a point on the west bank of the Piney Woods Creek
which is defined by a North-South Line which proceeds North from a
point named, Point A, that is five thousand six hundred thirty one
and three tenths feet (5631.3) north of and four thousand four
hundred twenty two and eight tenths feet (4422.8) east of the
intersection of the east right-of-way of McCollum Drive and the north
right-of-way of the Cordele Road (State Route 257) with the East
bearing of McCollum Drive being North zero degrees, fifteen minutes,
three seconds West (N 01503W); thence from the point on Piney
Woods Creeks west bank, proceed due South to Point A as previ-
ously established; thence along a series of bearings and distances to
the Northeast corner of the right-of-way of McCollum Drive: South
zero degrees, twenty four minutes, twelve seconds East (S 02412E)
a distance of six hundred seventy seven and forty five hundredths feet
(677.45); thence South forty four degrees, thirty three minutes, fifty
six seconds West (S 443356W) a distance of five hundred sixty five
and fifty five hundredths feet (565.55); thence South eighty nine
degrees, thirty three minutes, twenty nine seconds West (S
893329W) a distance of six hundred seventy seven and seventy two
hundredths feet (677.72); thence North forty five degrees, twenty two
minutes, twenty five seconds West (N 452225W) a distance of one
thousand four hundred eighty seven and fifty seven hundredths feet
(1487.57); thence South zero degrees, twenty two minutes, six sec-
onds East (S 02206E) a distance of three hundred eighty seven and
eighty seven hundredths feet (387.87); thence North forty five
degrees, thirty minutes, ten seconds West (N 453010W) a distance
of eight hundred fifteen and twenty seven hundredths feet (815.27);
thence South forty four degrees, thirty five minutes, twelve seconds
West (S 443512W) a distance of two thousand three hundred
ninety one and forty-three hundredths feet (2391.43) to the north-
east corner of McCollum Drive right-of-way; thence South zero
degrees, fifteen minutes, three seconds East (S 01503E) a distance
of four thousand seventeen and three hundredths feet (4017.03) to
the intersection of the east right-of-way of McCollum Drive and the
north right-of-way of State Route 257; thence along the north right-
of-way of State Route 257 to the intersection of the projection of the
east line of a tract of land as recorded in Plat Book 4, Page 10; thence
southeasterly along projection of the east line of said tract of land to
the south right-of-way of State Route 257; thence continue southeast-
erly along the east line of said tract a distance of three hundred
seventy three and thirty two hundredths feet (373.32) to the south
line of said property; thence northeasterly and parallel to the south
right-of-way of State Route 257 a distance of three hundred twelve
4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and eighteen hundredths feet (312.18) to a point; thence run South
two degrees six minutes east (S 26E) a distance of seven hundred
twenty and four tenths feet (720.4) to a point; thence run South
eighty eight degrees, thirty one minutes West (S 8831W) a distance
of one thousand seventy nine and four tenths feet (1079.4) to a point;
thence run South four degrees, twenty five minutes West (S 425W)
a distance of six hundred twenty six and two tenths feet (626.2) to a
point; thence run South zero degrees, thirty seven minutes East (S
037E) a distance of one thousand four hundred nine and seven
tenths feet (1409.7) to a point; thence run South eighty nine degrees,
twenty six minutes West (S 8926W) a distance of one hundred
eighty one and four tenths feet (181.4) to a point; thence run South
zero degrees, thirty seven minutes East (S 037E) a distance of four
hundred eighty six and two tenths feet (486.2) to a point on the north
land lot line of Land Lot one hundred fifty four (154); thence easterly
along the north line of Land Lot one hundred fifty four (154) to the
west right-of-way of Pine Bluff Road; thence southerly along the west
right-of-way of Pine Bluff Road to the north right-of-way of U.S. 82;
thence east along the north right-of-way of U.S. 82 to the east right-
of-way of Pinson Road projected north; thence south along the east
right-of-way of Pinson Road to a point which is five hundred ninety
four and five tenths feet (594.5) north of the south land lot line of
Land Lot one hundred twenty six (126), First Land District; thence
North eighty eight degrees and zero minutes East (N 8800E) a
distance of eight hundred sixty feet (860) to a point; thence South
two degrees and zero minutes East (S 0200E) to the south line of
Land Lot one hundred twenty six (126); thence westerly along the
south line of Land Lot one hundred twenty six (126) to the east line of
Land Lot one hundred fifty two (152); thence south along the east line
of Land Lot one hundred fifty two (152) three hundred sixty seven
and seven tenths feet (367.7) more or less, to the northern right-of-
way of the Seaboard Coast Line Railroad; thence westerly along the
north right-of-way of the Seaboard Coast Line Railroad to the east
right-of-way of Mock Road; thence southerly along the east right-of-
way of Mock Road to the intersection of the north right-of-way of
Cutts Drive projected east; thence westerly along the north right-of-
way of Cutts Drive and its projection to the intersection of the west
right-of-way of the Georgia Northern Railroad; thence northwesterly
along the west right-of-way of the Georgia Northern Railroad to the
west right-of-way of U.S. 19; thence south along the west right-of-way
of U.S. 19 to the northwest corner of the interchange at Moultrie
Road (State Route 133); thence along the right-of-way on the north-
west corner of the interchange, generally southerly and westerly to
GEORGIA LAWS 1981 SESSION
4737
the north right-of-way of the Moultrie Road; thence northwesterly
along the right-of-way of Moultrie Road to the east right-of-way of
the Seaboard Coast Line Railroad; thence southerly along the east
right-of-way of the Seaboard Coast Line Railroad to the south line of
Land Lot two hundred twenty six (226); thence run west along the
south land lot line of Land Lots two hundred twenty six and two
hundred forty three (226 & 243) to a point one thousand two hundred
ninety three and five tenths feet (1293.5) east of the east right-of-way
of Radium Springs Road (State Route 3); thence run North one
degree twenty minutes West (N 120W) a distance of three hundred
eighty nine feet (389) to a point; thence run South eighty eight
degrees, forty minutes West (S 8840W) to the west right-of-way of
Radium Springs Road (State Route 3); thence north along the west
right-of-way of State Route 3 to the north right-of-way of the Marine
Corps Drainage Canal; thence westerly along the north right-of-way
of the Marine Corps Drainage Canal to the low water mark on the east
bank of the Flint River; thence southerly along the low water mark on
the east bank of the Flint River to an intersection of the south line of
Lot forty one (41) Block D Emily G. Henderson Subdivision as
recorded in Plat Book 1, Page 237 extended easterly; thence westerly
along the south line of Lot forty one (41) Block D Emily G.
Henderson Subdivision to the west line of Land Lot three hundred
five (305); thence south along the west line of Land Lot three hundred
five (305) to a point that is two thousand fifty two feet (2052) south of
the north line of Land Lot three hundred nineteen (319); thence
westerly along the southern boundary of the property of the City of
Albany, Georgias Water Pollution Control Plant property a distance
of one thousand two hundred feet (1200) to the west property line of
the Water Pollution Control Plant; thence northerly along the west
boundary of the Water Pollution Control Plant property to a point
which is three hundred fifty eight feet (358) south of the north line of
Land Lot three hundred nineteen (319); thence westerly to a point on
the east right-of-way of Martin Luther King Jr. Drive which is three
hundred sixty one feet (361) south of the north line of Land Lot three
hundred nineteen (319); thence southerly along the east right-of-way
of Martin Luther King, Jr. Drive to the intersection of the south
right-of-way of Storey Road extended east; thence westerly along the
south right-of-way of Storey Road and its projection to the west line
of Land Lot Three Hundred Thirty-Eight (338); thence north along
the west line of Land Lot Three Hundred Thirty-Eight (338) to the
southeast corner of Land Lot Three Hundred Sixty (360); thence
westerly along the south line of Land Lot three hundred sixty (360) to
the east right-of-way of the Storm Drainage Canal; thence southerly,
4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
westerly and northwesterly to the west end of the canal right-of-way;
thence northeasterly to the south right-of-way of Forsythe Street (as
recorded in Plat Book 4, Page 189) projected southeasterly; thence
northwesterly along the projection and south right-of-way of For-
sythe Street to a point which lies perpendicular to and seven hundred
ten feet (710) east of the east right-of-way of Newton Road; thence
southwesterly along a line parallel to and seven hundred ten feet
(710) east of the east right-of-way of Newton Road to the north line
of Laurens Avenue as recorded in Plat Book 1, Page 273; thence
southeasterly along the projection of the north right-of-way of
Laurens Avenue a distance of one hundred sixty five feet (165) to a
point; thence southwesterly along a line parallel and eight hundred
seventy five feet (875) east of the east right-of-way of Newton Road
to the north right-of-way of Oakhaven Road; thence westerly along
the north right-of-way of Oakhaven Road to the intersection of the
west line of Land Lot four hundred nineteen (419); thence northerly
along the west line of Land Lot four hundred nineteen (419) for a
distance of two thousand two hundred twelve and forty four hun-
dredths feet (2212.44) to a point; thence South eighty seven degrees,
forty nine minutes, twenty two seconds East (S 874922E) a
distance of one thousand seven hundred sixty three and nineteen
hundredths feet (1763.19) to a point; thence North forty two degrees,
thirty eight minutes, thirty seven seconds East (N 423837E) a
distance of one thousand nine hundred two and seventy nine hun-
dredths feet (1902.79) to a point; thence North eighty seven degrees,
forty seven minutes, three seconds West (N 874703W) a distance
of one thousand sixteen and forty five hundredths feet (1016.45) to a
point; thence North seventeen degrees, thirty seven minutes, thirty
three seconds West (N 173733W) a distance of two thousand eight
hundred sixty nine and eighty six hundredths feet (2869.86) more or
less, to a point on the south line of Land Lot four hundred seventeen
(417); thence North two degrees, seventeen minutes, nine seconds
East (N 021709E) a distance of seven hundred ninety eight and
nine hundredths feet (798.09) more or less, to the south right-of-way
of Old Pretoria Road; thence northeasterly along the south right-of-
way of Old Pretoria Road to the intersection of a line projected east
which is six hundred seventy four and eight tenths feet (674.8) south
of and parallel to the north line of Land Lot four hundred seventeen
(417); thence westerly along a line which is six hundred seventy four
and eight tenths feet (674.8) south of the north line of Land Lot four
hundred seventeen (417) to the District Line between the First and
Second Land Districts; thence southerly along the District Line a
distance of ninety four and fifty two hundredths feet (94.52) to a
GEORGIA LAWS 1981 SESSION
4739
point; thence westerly and parallel to the south right-of-way of
Oakridge a distance of seven hundred twenty four and eighty six
hundredths feet (724.86) to a point; thence South a distance of one
hundred forty one and eighty six hundredths feet (141.86) to a point;
thence westerly and parallel to the south right-of-way of Oakridge a
distance of six hundred seventy four feet (674); thence southerly
along the property line to the south line of Land Lot one hundred
sixty one (161) in the Second Land District; thence run West along
the south line of Land Lot one hundred sixty one, one hundred sixty
two, one hundred sixty three, one hundred sixty four, one hundred
sixty five, and one hundred sixty six (161,162,163,164,165 & 166) to
the west land lot line of Land Lot one hundred sixty six; thence run
north along the west land lot line of Land Lots one hundred sixty six,
one hundred fifty five and one hundred twenty six (166,155 & 126) to
the east bank of the Cooleewahee Creek; thence run northerly along
the east bank of the Cooleewahee Creek to the south line of Land Lot
eighty six (86); thence westerly along the south line of Land Lot
eighty six (86) to the west line of Land Lot eighty six (86); thence
northerly along the west line of Land Lot eighty six (86) to the north
right-of-way of Gillionville Road; thence easterly along the north
right-of-way of Gillionville Road a distance of three hundred ninety
six feet (396) more or less, to the corner of Springfield Subdivision;
thence run north a distance of four hundred feet (400) to a point;
thence run west four hundred sixty six feet (466) to a point seventy
feet (70) west of the land lot line between Land Lots seventy four (74)
and seventy five (75) and four hundred feet (400) north of the north
right-of-way line of Gillionville Road (State Route 234); thence run
North four degrees, thirty four minutes East (N 434E) a distance of
one thousand seven hundred thirty and five tenths feet (1730.5) to a
point; thence run east a distance of two thousand eight hundred
seventeen feet (2817) to a point on the west bank of the Cooleewahee
Creek; thence run southerly along the west bank of the Cooleewahee
Creek to the north right-of-way line of Gillionville Road (State Route
234); thence run east along the north right-of-way line of Gillionville
Road (State Route 234) to the east line of Lockett Station Road;
thence run south along the east line of Lockett Station Road to the
north boundary of Winterwood Subdivision Section 1 as recorded in
Plat Book 4, Pages 21, 82 and 83; thence easterly along the north
boundary of Winterwood Subdivision to a point ten feet (10) east of
the east line of Land Lot one hundred eighteen (118); thence south-
erly along a line parallel to and ten feet (10) east of the east line of
Land Lot one hundred eighteen (118) to a point four hundred feet
(400) north of the north right-of-way of Phillips Drive; thence
4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
easterly along a line parallel to and four hundred feet (400) north of
the north right-of-way of Phillips Drive to the west right-of-way of
Westover Road; thence northerly along the west right-of-way of
Westover Road to the south right-of-way of Gillionville Road; thence
westerly along the south right-of-way of Gillionville Road to the west
right-of-way of Beattie Road projected south; thence northerly along
the projection and the west right-of-way of Beattie Road to a point
three hundred eight feet (308) south of the intersection of the west
right-of-way of Beattie Road and the south right-of-way of Westgate
Boulevard extended west; thence run west to the east line of Land Lot
forty four (44); thence southerly along the east line of Land Lot forty
four (44) to the south line of Land Lot forty four (44); thence west
along the south line of Land Lots forty four and forty five (44 & 45) to
the west line of Land Lot forty five (45); thence northerly along the
west line of Land Lots forty five, thirty six and five (45,36 & 5) to the
Dougherty County Line; thence easterly along the Dougherty County
Line to the District Line between the First and Second Land Districts
in Dougherty County and the Point of Beginning.
Section 2. Said Act is further amended by striking from Section
2 of said Act that provision added by that Act approved March 24,
1978 (Ga. Laws 1978, p. 4498), which reads as follows:
In addition to the territory embraced within the present corpo-
rate limits of the City of Albany as above described, the following
described property, including any property in said description which
might presently be within the corporate limits of the City of Albany,
shall likewise be embraced within the corporate limits of the City of
Albany:
TRACT 1.
Beginning at the intersection of the line of the northside of
Whitney Avenue projected east and the east right-of-way line of Old
Radium Springs Road; thence run westerly along the line of the north
side of Whitney Avenue projected east to the east low water line of
Flint River; thence run southerly along the east low water line of Flint
River to its intersection with the south line of Land Lot 267; thence
run easterly along the south line of Land Lot 267 to the center line of
State Highway 3; thence run northerly along the center line of State
Highway 3 (New Radium Springs Road) to its intersection with the
north line of Dixie Heights Subdivision as recorded in the public land
records of Dougherty County on Page 73, Plat Book 1; thence run
GEORGIA LAWS 1981 SESSION
4741
westerly along the north line of said Dixie Heights Subdivision and its
extension west to the west right-of-way line of State Highway 3;
thence run northerly along the west right-of-way line of State High-
way 3 to a point which is nine hundred eighty-four and seven-tenths
(984.7) feet north along the west right-of-way line of State Highway 3
from the intersection of said west right-of-way line with the north-
easterly right-of-way line of Old Radium Springs Road; thence run
south 86 degrees 3 minutes west to the east right-of-way line of Old
Radium Springs Road; thence run northerly along the east right-of-
way line of Old Radium Springs Road to the point of beginning.
TRACT 2.
The west one-half of the right-of-way of South Mock Road
between the northerly right-of-way line of the Seaboard Coast Line
Railroad Company track from Albany to Way cross and the south line
of a twenty (20) foot alley south of Tompkins Avenue.
TRACT 3.
The entire right-of-way of State Highway 3 (New Radium Springs
Road) between the north line of Dixie Heights Subdivision as
recorded in the public land records of Dougherty County on Page 73,
Plat Book 1, extended west and the line of the north side of Whitney
Avenue projected east across State Route 3.
TRACT 4.
The entire right-of-way of South Slappey Boulevard (Georgia
Highway 91W) between the south line of Land Lots 361 and 376, First
Land District of Dougherty County and a line two hundred ten (210)
feet south of the south right-of-way line of Colquitt Avenue.
TRACT 5.
The north-northwesterly and the northerly one-half of the right-
of-way of Gordon Avenue between the east land lot line of Land Lot
414, First Land District of Dougherty County and a line per-
pendicular to the south-southeasterly right-of-way line at a point on
said right-of-way line two thousand fifty-six and thirty-seven hun-
dredths (2,056.37) feet west and west-southwesterly measured along
the southerly and south-southeasterly right-of-way line of Gordon
Avenue from the intersection of said right-of-way line with the west
right-of-way line of English Road.
4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT 6.
The entire right-of-way of Dawson Road (Georgia Highway 50)
between the east land lot line of Land Lot 40, Second Land District of
Dougherty County and a line across Dawson Road running north and
south from a point on the center line of Dawson Road three thousand
four hundred five (3,405) feet northwest of the intersection of said
center line and the south land lot line of Land Lot 1, Second Land
District of Dougherty County.
TRACT 7.
The entire right-of-way of Stuart Avenue between the east land
lot line of Land Lot 40, Second Land District of Dougherty County,
and a line originating from a point on the north land lot line of Land
Lot 40 three hundred seventy-three and six-tenths (373.6) feet west of
the east land lot line of Land Lot 40 running south 37 degrees 45
minutes west.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Introduce Local Legislation.
There will be introduced for passage at the current 1981 session of
the General Assembly of Georgia a local bill to amend the Charter of
the City of Albany so as to extend the corporate limits.
James V. Davis
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, R. S. Hutchinson who, on oath,
deposes and says that he/she is Representative from the 133rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Albany Herald which is
GEORGIA LAWS 1981 SESSION
4743
the official organ of Dougherty County, on the following dates:
January 23,30 and February 6,1981.
/s/ R. S. Hutchinson
Representative,
133rd District
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
BACON COUNTYSMALL CLAIMS COURT ACT
AMENDED.
No. 713 (House Bill No. 952).
AN ACT
To amend an Act creating and establishing the Small Claims
Court of Bacon County, approved March 29,1973 (Ga. Laws 1973, p.
2337), as amended by an Act approved March 5,1976 (Ga. Laws 1976,
p. 2850) and by an Act approved March 24,1978 (Ga. Laws 1978, p.
4222), so as to provide for the creation of said court for the City of
Alma as well as for Bacon County; to change the provisions relative to
jurisdiction; to change the provisions relative to service of process; to
change the provisions relative to costs; to change the provisions
relative to the selection of the judge of the small claims court; to
provide for a small claims court board to designate the judge of the
4744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
small claims court; to provide for organization and powers and duties
of the small claims court board; to provide for keeping certain records;
to provide for an audit of the small claims 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 and establishing the Small Claims
Court of Bacon County, approved March 29,1973 (Ga. Laws 1973, p.
2337), as amended by an Act approved March 5,1976 (Ga. Laws 1976,
p. 2850) and by an Act approved March 24,1978 (Ga. Laws 1978, p.
4222), is hereby amended by striking from Section 1 the following:
$2,000.00,
and inserting in lieu thereof the following:
$2,500.00,
and by adding at the end of the first sentence of said section,
immediately preceding the period, the following:
and the City of Alma,
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 Bacon County and the City of Alma. 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. Said Act is further amended by striking Section 5 in
its entirety and substituing in lieu thereof a new Section 5 to read as
follows:
GEORGIA LAWS 1981 SESSION
4745
Section 5. All fees collected by the judge, as herein authorized,
shall be retained by him as his sole renumeration. All fees must be
paid in advance and maintained in a separate account. The account
must be rotated between the two commercial banks in Bacon County
on January 1 of each year.
Section 3. Said Act is further amended by striking Section 6 in
its entirety and substituting in lieu thereof a new Section 6 to read as
follows:
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
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 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.
(e) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon the failure of the defendant to appear, when
the claim of the plaintiff is for a liquidated amount.
4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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.
Section 4. Said Act is further amended by inserting in the first
sentence of subsection (a) of Section 8 between the word deposit
and the words the sum the words in advance and by striking from
Section 8 the figure $12.50, wherever the same appears, and insert-
ing in lieu thereof the figure $20.00, so that when so amended
Section 8 shall read as follows:
Section 8. (a) The plaintiff, when he files his claim, shall deposit
in advance the sum of $20.00 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
$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 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 $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.
Section 5. Said Act is further amended by striking Section 14 in
its entirety and substituting in lieu thereof a new Section 14 to read as
follows:
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. The
appointment of such bailiffs shall be subject to the approval of the
Small Claims Court Board provided for by Section 18 of this Act.
GEORGIA LAWS 1981 SESSION
4747
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 sum-
mons, make levies and sales, and serve as ex officio bailiffs of said
Court.
Section 6. 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. (a) There is hereby created the Small Claims Court
Board to be composed of five members as follows: two citizens of
Bacon County designated by the governing authority of Bacon
County; two citizens of the City of Alma designated by the governing
authority of the City of Alma; and one citizen of Bacon County
designated jointly by the governing authority of Bacon County and
the governing authority of the City of Alma. The members of the
Board shall serve at the pleasure of the appointing authority. In the
event a vacancy occurs for any reason in the membership of the
Board, the appointing authority shall fill such vacancy. The Board
shall meet on the first working day of January of each year to elect
from its own membership a chairman and such other officers as it
deems necessary.
(b) It shall be the duty of the Board to designate annually the
Judge of the Small Claims Court of Bacon County and the City of
Alma. The Board shall make such designation during January of each
year. The Judge of the Small Claims Court shall serve until a
successor designated by the Board as herein provided takes office.
The Judge of the Small Claims Court in office on March 1,1981, shall
continue to serve until a successor is designated by the Board during
January, 1982. The designation of the Small Claims Court Judge
4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be made by a majority vote of the full membership of the Board.
Any Judge of the Small Claims Court shall be eligible to succeed
himself or herself in office.
(c) Subject to the approval of the governing authority of Bacon
County and the governing authority of the City of Alma, a Small
Claims Court Judge may be removed from office by the Board during
the term of office of said Small Claims Court Judge.
(d) The Board may meet at any time on the call of the chairman
and any two members and shall meet on the joint call of the governing
authority of Bacon County and the governing authority of the City of
Alma.
(e) Members of the Board shall serve without compensation.
(f) When a change in the Small Claims Court judgeship is made
by the Board, the successor judge shall keep a continuity of the
existing actions that have been filed at no additional charge to the
plaintiffs or defendants.
Section 7. Said Act is further amended by striking Section 19 in
its entirety and substituting in lieu thereof a new Section 19 to read as
follows:
Section 19. (a) 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 Board of Commissioners of
Bacon County and the City Council of the City of Alma on an equal
basis.
(b) The Small Claims Court Judge shall keep at all times ade-
quate records reflecting all proceedings initiated by the Small Claims
Court. These records should include all legal actions required in the
function of the Small Claims Court, as well as all payments received
and disbursements made by individual names and amounts.
(c) An audit of the Small Claims Court shall be conducted in
conjunction with the regularly scheduled audit that is done for the
County. A copy of the audit on Small Claims Court shall be
forwarded to the Chairman of the Small Claims Court Board as well
as Chairman of the County Commissioners.
GEORGIA LAWS 1981 SESSION
4749
Section 8. Said Act is further amended by striking Sections 23
and 24 in their entirety and substituting in lieu thereof new Sections
23 and 24 to read as follows:
Section 23. The judge of said Court shall have the power to
impose fines of not more than $25.00 on, or to imprison for not longer
than twenty-four hours, any person guilty of contempt of Court. Such
fines shall be divided equally between Bacon County and the City of
Alma and shall be paid into the treasury of such city and county to be
used for county and city purposes.
Section 24. 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 of the first
$250.00 and five percent on all sums over that amount, with a
minimum of $5.00.
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 there will be introduced at the 1981
session of the Georgia General Assembly, a bill to amend the Bacon
County Small Claims Court law.
This 8 day of January, 1981.
Tommy Smith
Representative,
District 152
Georgia, Bacon County.
Personally appeared before the undersigned officer authorized to
administer oaths appeared John Graham, Editor and Publisher of
4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The Alma Times, official newspaper of Bacon County, who on oath
says that legal advertisement for (Notice of Intention to Introduce
Legislation) as attached hereto appeared in the issues of said newspa-
per on January 8,15,22,29,1981.
/s/ John Graham
Sworn to and subscribed before me,
this 27th day of February, 1981.
/s/ Eva Johnson
Notary Public.
(Seal).
Approved April 9,1981.
BIBB COUNTYCIVIL SERVICE SYSTEM AMENDED.
No. 715 (House Bill No. 974).
AN ACT
To change the Civil Service System and Board of Bibb County
created by an amendment to the Constitution which was ratified at
the general election in 1956 and which is set forth in Ga. Laws 1955, p.
682, so as to change and alter the Civil Service System and Board of
Bibb County; to provide certain definitions; to provide for certain
positions; to provide for pension plans; to provide for certain proce-
dures; to provide for certain tests; to provide for certain ratings,
examinations, and registers; to provide for vacancies and for filling
the same; to provide for compliance; to provide for other matters
relative to the foregoing; to provide for an authority; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
4751
Be it enacted by the General Assembly of Georgia:
Section 1. The Civil Service System and Board of Bibb County
created by an amendment to the Constitution which was ratified at
the general election in 1956 and which is set forth in Ga. Laws 1955, p.
682, is hereby changed by striking from Part 3 thereof the following:
(6) Position means any office or place of employment as
county police in the service of Bibb County, Georgia, and any office or
place of employment in the service of the Sheriff of Bibb County.,
and substituting in lieu thereof the following:
(6) Position means any office or place of employment as
County Police in the service of Bibb County, Georgia, and any office
or place of employment of the Sheriff of Bibb County, excluding,
however, from both clerical, maintenance, and custodial personnel.,
and by striking from Part 4 thereof the following:
(1) The county commissioners shall assign a secretary to the
board from among these county employees who assist the clerk of the
county commissioners in the field of personnel administration for
county employees or from among any regular county employee capa-
ble of performing the duties of secretary as herein set forth.,
and substituting in lieu thereof the following:
(1) The Personnel Director of Bibb County or such other
person as shall be appointed by the Board of Commissioners of Bibb
County shall serve as Secretary.,
and by adding to Part 5 thereof the following:
(f) Clerical, maintenance, and custodial personnel.,
and by striking Part 6 thereof, which reads as follows:
All members of the classified service may be retired on account of
age effective at the end of the calendar year in which they respectively
attain the age of 65 years and shall be retired or shall be dismissed
from employment at the end of the calendar year in which they
respectively attain the age of 70 years.,
4752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and substituting in lieu thereof the following:
All members of the classified service shall be eligible for and shall
participate in the Bibb County Pension Plan as the same may exist
from time to time. Retirement shall be governed by the provisions of
that plan.,
and by striking from Part 9 thereof the following:
Whenever an eligible has been certified to, and rejected by,
appointing authority three times, the secretary, after investigation,
may with the approval of the board, remove the name of such person
from the eligible register. All regular appointments to the classified
service covered herein shall be for a probationary period of not
exceeding six months, but the board and the appointing authority
may extend such probationary period to one year.,
and substituting in lieu thereof the following:
Whenever an eligible person has been certified to and rejected by
the appointing authority two times, the secretary may, with the
approval of the Board, remove the name of such person from the
eligible register. All regular appointments to the classified service
covered herein shall be for a probationary period not exceeding 18
months.,
and by striking from Part 11 thereof the following:
Such test shall be competitive, practical, free and open to all
persons, citizens of Bibb County, who may be lawfully appointed to
any position in the class to which they are held with such limitations
as to age, health, habits, character, and other qualifications as may be
considered desirable and specified in the public announcement of the
test. The Board shall establish or create examination committees
from qualified persons to assist them in giving tests. Public notices of
time, place, and general scope of every test shall be given.,
and substituting in lieu thereof the following:
Such tests shall be competitive, practical, free, and open to all
persons who may be lawfully appointed to any position in the class
with such limitations as to age, health, habits, character, and other
qualifications as may be considered desirable and as are lawful and
GEORGIA LAWS 1981 SESSION
4753
specified in the announcement of the test. The Board may establish
or create an examination committee or committees from qualified
persons or appoint qualified persons to assist them in preparing,
giving, and validating tests. Notices of time, place, and general scope
of every test shall be given.,
and by striking Part 12 thereof, which reads as follows:
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 cor-
ruptly make any false mark, grade, estimate or report on the examina-
tion or proper standing of any person examined under the provisions
herein, or wilfully or corruptly make any false representation con-
cerning the persons examined, or wilfully or corruptly furnish to any
one special or secret information for the purpose of improving or
injuring the chances of appointment or promotion of any person
examined. All competitors rated seventy or more shall be eligible for
appointment, and their names shall be placed on the proper register
according to their attained ratings. The term of eligibility shall be
one year, commencing with the date on which the name of eligible is
entered on the register. This term may be extended in the discretion
of the board for all those on any register when conditions of good
administration render it inexpedient to hold a new examination.,
and substituting in lieu thereof the following:
All applicants shall be rated upon such reasonable and relevant
areas as the Board may from time to time determine. The names of
all applicants who have passed the examination under the policies of
the Board as they from time to time exist shall be placed on the
proper register. Such names shall remain on the eligibility roster for a
period of six months commencing with the date on which the name is
entered on the register. This term may be extended an additional six
months in the discretion of the Board for good cause shown.,
and by striking Part 13 thereof, which reads as follows:
Promotions of employees to positions having a different and
higher classification under the Bibb County Civil Service System
shall be made only according to merit and fitness, which, so far as
practicable, shall be ascertained by competitive examinations. Such
examinations shall be conducted by the board at the request of the
appointing authority.,
4754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and substituting in lieu thereof the following:
Whenever a vacancy occurs in a position in the classified service,
opportunity shall be given to persons holding lower positions in the
classified service to apply for the vacancy. Such application shall be
made to the Board in the form of a letter accompanied by a personal
resume. Thereupon, the Board shall review the application and
resume and certify to the appointing authority such of the applicants
as the Board finds qualified. In determining eligibility, the Board
may require applicants to take appropriate examinations.,
and by striking Part 22 thereof, which reads as follows:
RESIDENCE
Positions in the classified service shall be filled by citizens of Bibb
County who have been residents of Bibb County for at least two years
immediately preceding the date of examination. In the discretion of
the board, residence requirements may be waived only for technical
and professional positions for which qualified applicants who are
residents of Bibb County cannot be obtained. Removal of residence
outside of Bibb County shall be grounds for removal unless permis-
sion to remove residence is granted for just cause by the board and
approved by the county commissioners.,
and substituting in lieu thereof the following:
JUDICIAL DECISIONS
The Board, its secretary, and other personnel shall comply with
the provisions of any final decree made by a court of competent
jurisdiction respecting the operation of the Bibb County Police Civil
Service System.
Section 2. This law is enacted pursuant to Part 27 of an
amendment to the Constitution as set forth in Ga. Laws 1955, p. 682,
which authorizes the General Assembly to enact laws changing and
altering the Civil Service System and Board of Bibb County.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1981 SESSION
4755
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made to the
General Assembly of Georgia at its 1981 Session for the passage of
legislation changing, altering, modifying and modernizing provisions
of the Constitution of the State of Georgia relating to the Bibb
County Civil Service system. The Bibb County Civil Service system,
when created, was proposed by resolution of the General Assembly of
Georgia appearing in Georgia Laws 1955, page 682 et. seq. and
constituted an amendment to Paragraph 1, Section IV of Article VII
of the Constitution of Georgia of 1945 as the same then existed and
has been continued as part of the constitution of 1976. Authority was
given by the aforesaid constitutional amendment to the General
Assembly to change, alter to abolish the Bibb County Civil Service
system and application will be made to the General Assembly for the
passage of legislation pursuant to that authority.
This 12th day of January, 1981.
E. S. Sell, Jr.
Bibb County Attorney
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: January 16,
23,30,1981.
/s/ Frank Horne Jr.
Representative,
104th District
4756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 2nd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
COBB COUNTYCOMPENSATION OF TAX
COMMISSIONER AND CHIEF CLERK.
No. 716 (House Bill No. 999).
AN ACT
To amend an Act consolidating the offices of tax collector and tax
receiver of Cobb County into the one office of tax commissioner of
Cobb County, approved February 17,1949 (Ga. Laws 1949, p. 790), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 4629), so as to change the provisions relating to the compen-
sation of the tax commissioner and his chief clerk; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax collector and
tax receiver of Cobb County into the one office of tax commissioner of
Cobb County, approved February 17,1949 (Ga. Laws 1949, p. 790), as
amended, particularly by an Act approved April 11, 1979 (Ga. Laws
1979, p. 4629), 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 salary of said tax commissioner shall be
$29,350.00 per annum through December 31, 1981, and the salary of
GEORGIA LAWS 1981 SESSION
4757
the tax commissioner shall be $32,850.00 per annum effective January
1, 1982, and thereafter, to be paid monthly from the funds in the
county treasury. The tax commissioner shall be allowed one chief
clerk whose salary shall be $26,550.00 per annum through December
31, 1981, and the salary of the chief clerk shall be $29,750.00 per
annum effective January 1,1982, and thereafter, to be paid monthly
from the funds in the county treasury. Any candidate for the office of
tax commissioner of Cobb County shall, on the date of his qualifying
for such office in either a primary or a general election, certify to the
judge of the Probate Court of Cobb County the name of the person he
shall appoint as his chief clerk in the event he is elected to the office of
tax commissioner of Cobb County; and the person so named shall
serve as the chief clerk during the term for which he was so named. In
the event of the death or removal from office of said chief clerk, the
tax commissioner of Cobb County shall have 30 days from said date of
death or removal from office of said chief clerk to certify to the judge
of the Probate Court of Cobb County the name of the chief clerk to be
appointed by him.
Section 2. This Act shall become effective on 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
1981 session of the General Assembly of Georgia a bill to amend an
Act consolidating the offices of tax collector and tax receiver of Cobb
County into the one office of tax commissioner, approved February
17, 1949 (Ga. Laws 1949, P. 790), as amended, to repeal conflicting
laws; and for other purposes.
This 9th day of January, 1981.
4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Senator
Haskew Brantley
Senator
Joe L. Thompson
Senator
Fred Aiken
Representative
A. L. Burruss
Representative
George Darden
Representative
Carl Harrison
Representative
Johnny Isakson
Representative
Ken Nix
Representative
Steve Thompson
Representative
Joe Mack Wilson
Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
and says that he/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 30,
February 6,13,1981.
/s/ Carl Harrison
Representative,
20th District
GEORGIA LAWS 1981 SESSION
4759
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
STATE COURT OF COBB COUNTYCOMPENSATION
SOLICITOR AND ASSISTANT SOLICITORS.
No. 717 (House Bill No. 1012).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4197), so as to change the compensation of the solicitor and assistant
solicitors of said court; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4197), is hereby amended by striking subsection (b) of Section 27 of
said Act and substituting in lieu thereof a new subsection (b) of
Section 27 of said Act to read as follows:
(b) (1) The compensation of the solicitor shall be $30,100.00
per annum, payable in equal monthly installments from the funds
of Cobb County. Said compensation shall be increased by 8
percent effective January 1,1982.
4760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Said compensation shall be in lieu of any and all perqui-
sites, fines, forfeitures, commissions, funds, monies and fees
allowed him as compensation in any capacity. The solicitor shall
diligently and faithfully undertake to collect all perquisites, fines,
forfeitures, commissions, funds, monies and fees allowed him as
compensation for his services in any capacity 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. Said solicitor shall not engage in the private practice
of law during the term of office for which he is elected.
(3) In addition to the salary provided by paragraph (1) of
this subsection, the Cobb County governing authority shall from
county funds pay to the Trial Judges and Solicitors Retirement
Fund on behalf of the solicitor the 7 1/2 percent employee
contribution which he is required to make to the fund under the
general laws of the state. This paragraph shall not apply to, and
the county shall not pay, the additional 2 1/2 percent contribution
for spouses benefits.
Section 2. Said Act is further amended by striking from subsec-
tion (d) of Section 27 the following:
$10,000.00 nor more than $18,000.00,
and inserting in lieu thereof the following:
$12,500.00 nor more than $24,500.00,
so that when so amended said subsection (d) of Section 27 shall read
as follows:
(d) The solicitor shall have the authority to appoint the same
number of assistant solicitors as the number of judges of the State
Court of Cobb County, plus one additional assistant solicitor. The
solicitor and his staff shall perform the same functions in relation to
matters within the jurisdiction of the magistrates of the State Court
of Cobb County as they perform in relation to matters within the
jurisdiction of the judges of the State Court of Cobb County, and the
solicitor shall have the authority to appoint an additional assistant
solicitor to enable the solicitor and his staff to perform such func-
tions. The compensation of such assistant solicitors shall be deter-
mined by the solicitor except that said compensation of such assistant
GEORGIA LAWS 1981 SESSION
4761
solicitors shall be not less than $12,500.00 nor more than $24,500.00
per annum, payable in equal monthly installments from the funds of
Cobb County. The solicitor shall prescribe the duties and assign-
ments of said assistant solicitors, and, while so employed, they shall
not engage in the private practice of 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 at the regular
1981 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 26, 1964 (Ga. L.
1964, p. 3211), as amended by an Act approved March 23,1977 (Ga. L.
1977, p. 3188) and an Act approved April 11, 1979 (Ga. L. 1979, p.
4197), fixing the compensation of the Solicitor and the Assistant
Solicitors of the State Court of Cobb County and for other purposes.
This 19th day of January, 1981.
256
4762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Cobb Delegation
Roy Barnes
Senator
Haskew Brantley
Senator
Joe Thompson
Senator
Joe Mack Wilson
Representative
Steve Thompson
Representative
Johnny Isakson
Representative
A. L. Burruss
Representative
Fred Aiken
Representative
Buddy Darden
Representative
Ken Nix
Representative
Carl Harrison
Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Thompson who, on oath,
deposes and says that he/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: January 30,
February 6,13,1981.
/s/ Steve Thompson
Representative,
19th District
GEORGIA LAWS 1981 SESSION
4763
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
CITY OF ST. MARYSNEW CHARTER.
No. 718 (House Bill No. 1024).
AN ACT
To provide for a new charter for the City of St. Marys, Georgia; to
provide for the incorporation and powers of such city; to provide for
the governing authority; to provide for the mayor and council; to
provide for administration; 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 the city court; to
provide for personnel; to provide for other matters relative to the
foregoing; to provide for severability; to repeal a specific Act; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it er acted by the General Assembly of Georgia:
ARTICLE I
INCORPORATION, POWERS, BOUNDARIES
Section 1-101. Incorporation; name. The City of St. Marys,
Georgia, and the inhabitants thereof shall continue to be a body
politic and corporate under the name of the City of St. Marys,
4764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hereinafter at times referred to as the city. The city shall be the
legal continuation and successor to the city as heretofore incorpo-
rated, 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 Constitu-
tion, 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 con-
tracted with; may acquire and hold any property, real and personal as
may be devised, bequeathed, sold, or in any manner conveyed or
dedicated to or otherwise acquired by it and, from time to time, may
hold or invest or 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 Con-
stitution 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 condem-
nation or otherwise, inside or outside the city limits, public ways,
streets, sidewalks, parks, public grounds, cemeteries, public build-
ings, 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
GEORGIA LAWS 1981 SESSION
4765
order, peace, and dignity on any property or facilities so acquired
inside or outside the corporate limits of the city.
(b) The city shall have power and authority to grant franchises,
easements, and rights of way over, in, under, and on the public streets,
lanes, alleys, sidewalks, and parks and other property of said city on
such terms and conditions as the mayor and council may fix, except
that they shall not grant an exclusive franchise for any purpose, and
no franchise shall be granted unless the city receives just and ade-
quate compensation therefor.
(c) In addition to the powers now or hereafter granted to munici-
palities by law, the city shall have all of the following powers:
(1) Authority to contract with industrial or development
authority. The City of St. Marys, 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 St. Marys.
(2) Authority to contract with water and sewer authority.
The City of St. Marys, by and through its governing authority, is
authorized to contract with any duly created water and sewer
authority for the purposes of operating, maintaining, and provid-
ing water and sewer services to the City of St. Marys and its
citizens.
(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.
(4) Nuisances on vacant lots; definition. Any property in
the City of St. Marys 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
4766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
(5) Same; abatement. Proceedings for the abatement of the
nuisance declared in the above section shall be as follows: The
director of public safety shall cause summons to be issued from
the City Court of the City of St. Marys, directed to the owner, if
known and a resident of the City of St. Marys, or, if the owner is a
nonresident but said property is under the management of an
agent of the owner, resident of St. Marys, 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 residence 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 St. Marys, five 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 City Court of the City of St. Marys.
(6) Same; judgment against offender. If on said hearing
before the judge it shall be adjudged that the said nuisance should
be abated, the judgment of said judge shall provide that, unless
said nuisance be abated within five days by the party proceeded
against, the director of public safety or his assistants shall be
authorized to enter upon said vacant property and abate said
nuisance by cleaning off and removing the matter thereon consti-
tuting 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.
(7) Same; costs and expenses; collection. In the event the
director of public safety or his assistants abate said nuisance, the
actual cost and expense to 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 nuisance was
abated. Said charge and lien shall be fixed in the following
manner: Upon the abatement of said nuisance, the director of
public safety shall render a written statement to the owner of said
property, if known, or to the owners agent if the owner be a
nonresident, or, if the residence of the owner be unknown, by
GEORGIA LAWS 1981 SESSION
4767
publication in a newspaper of general circulation in the City of St.
Marys, by being published one time, showing the actual cost of
abating said nuisance and demanding the payment of said
expense, and, if the same be not paid within 30 days from the date
of said notice, the director of public safety shall certify to the
mayor and council a statement showing the actual cost of abating
said nuisance and the cost of advertising; and the mayor and
council are authorized by ordinance to declare said charge and
expense a lien against the real estate on which said nuisance was
abated, which lien or charge may be enforced by execution, levy,
and sale in the manner as executions now authorized under the
provisions of the charter of the City of St. Marys for street
improvements. The property owner shall have the same rights
and defense to the said execution as now exist in defense of
executions issued under assessments for paving of streets.
(8) Same; cleanliness and safety of premises; authority to
provide. The mayor and council of the City of St. Marys shall have
the authority and power, in the interest of health, sanitation, and
the public safety and welfare, to provide for the clearing, cleaning
off, and making and keeping sanitary and free from fire or other
hazards any and all real property, either vacant or improved,
within the corporate limits of the City of St. Marys; to provide for
the removal from such property all debris, grass, weeds, or other
growth, or other unsanitary or combustible matter or mat, rials; 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 performance 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 occu-
pants 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 St. Marys be and they hereby are authorized and empowered to
adopt such ordinances or resolutions or other acts of a like nature
to enforce this provision of the city charter.
(9) Authority to assess for cost of improvements.
(A) The mayor and council shall be authorized to make
special assessments with or without petition, after a public
4768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hearing, against benefited property within the corporate
limits of the city for:
(i) Constructing, reconstructing, paving, wide-
ning, installing curbs and gutters, and otherwise building
and improving streets;
(ii) Constructing, reconstructing, paving, wide-
ning, and otherwise building or improving sidewalks in
any public street;
(iii) Constructing, reconstructing, extending, and
otherwise building or improving water systems;
(iv) Constructing, reconstructing, extending, and
otherwise building or improving sanitary sewer lines; and
(v) Constructing, reconstructing, extending, and
otherwise building or improving sewage disposal systems.
(B) Assessments may be made on the basis of:
(i) The frontage abutting on the project at an
equal rate per foot of frontage; or
(ii) The area of land served, or subject to being
served, by the project, at an equal rate per unit of area; or
(iii) The value added to the land served by the
project or subject to being served by it, being the differ-
ence between the appraised value of the land without
improvements as shown on the 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
(iv) The number of lots served, or subject to being
served, where the project involves extension of an exist-
ing system to a residential or commercial subdivision, at
an equal rate per lot; or
(v) A combination of two or more of these bases.
GEORGIA LAWS 1981 SESSION
4769
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 uni-
formly 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 councils 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.
(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 St. Marys waterworks outside
the city limits of St. Marys, 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 St. Marys
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
furthermore, 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 St. Marys enacted
for said purposes as aforesaid, within the jurisdiction as above
extended, shall be subject to the jurisdiction of the Recorders
Court of the City of St. Marys in the same manner as for offenses
committed within the city limits.
4770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) Rules and regulations. The mayor and council of the
City of St. Marys be, and they are, hereby authorized and empow-
ered 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 discre-
tion 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 also 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.
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. The corporate bound-
aries of the city shall be the same as those of the City of St. Marys as
provided by law and existing on the effective date of this charter, or as
hereafter lawfully changed. The city 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.
Section 1-106. 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:
GEORGIA LAWS 1981 SESSION
4771
(1) City. The words the city or this city shall mean the
City of St. Marys, Georgia.
(2) County. The words the county or this county shall
mean the County of Camden, Georgia.
(3) Governing body or governing authority. The words
governing body or governing authority shall mean the mayor
and council of the City of St. Marys, Georgia.
(4) Number. Words used in the singular include the plural,
and the plural includes the singular number.
(5) 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 St. Marys, Georgia.
(6) Person. The word person shall extend and be applied
to firms, partnerships, associations, organizations, and body poli-
tic and corporate, or any combination thereof, as well as to
individuals.
(7) State. The words the state or this state shall be
construed to mean the State of Georgia.
(8) Judge. The word judge shall mean judge of the City
Court of St. Marys, Georgia.
ARTICLE 2
THE MAYOR AND COUNCIL
CHAPTER 1
GENERAL PROVISIONS
Section 2-101. Creation; number; term of office; compensation,
(a) There shall be a mayor and council composed of the mayor and six
council members elected as provided in Article 3 of this charter for
two-year terms of office, except as provided in Article 3. Each council
member shall hold a designated council post, the posts to be num-
bered one through six. All terms of office shall begin on the first
Thursday after January 1 of the year following election to such office.
4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The mayor shall be compensated in an amount not less than
$200.00 per month plus $100.00 per month car allowance; and council
members shall be compensated in an amount not less than $100.00
per month.
(c) In addition, the mayor and each member of the council shall
be entitled to receive their actual and necessary expenses incurred in
the performance of the duties of their office.
(d) The mayor and council are hereby authorized to fix the
salary, compensation, and expenses of the mayor and each member of
the council in accordance with the provisions of an Act known as The
Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298), as now or
hereafter amended.
Section 2-102. Qualifications of office, (a) To be eligible for
election as mayor or as council member, 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 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) No person serving as a council member shall be eligible for
election as mayor unless such person, prior to qualification, resigns as
a member of the council.
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 consent of a majority of the other members of the
mayor and council. Violation of this section shall render any such
contract or transaction void unless subsequently approved by a
majority of the mayor and council at a regular or special meeting.
GEORGIA LAWS 1981 SESSION
4773
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,
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 Camden
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 city court. Appeal to the
Superior Court of Camden County from a council contempt convic-
tion shall be allowed as for any conviction in the city court.
CHAPTER 3
MAYOR AND MAYOR PRO TEMPORE
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.
4774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The mayor shall:
(1) See that the laws and ordinances of the city are faith-
fully 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;
(5) Recommend such measures as the mayor 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; and
(8) Perform such other duties as required by the council.
Section 2-302. Mayor pro tempore; election; term; duties. At
the first regular meeting of each year, the mayor and council shall
choose one of the council members to 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 mayor pro tempore 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 and shall be held on the first
Thursday after January 1.
GEORGIA LAWS 1981 SESSION
4775
(b) At this meeting, any newly elected or reelected 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 St. Marys and the common interest
thereof.
(c) At the annual organizational meeting, the mayor and council
shall make any appointments and selections as may be required by
this charter or by ordinance.
Section 2-402. Rules; quorum; voting; journal of minutes, (a)
The mayor, or mayor pro tempore, 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) The mayor and four of the members of the council 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.
(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. All actions shall 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 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
4776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 members
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 require-
ments of this section are met.
(c) All meetings of the mayor and 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 prior to the
meetings.
Section 2-404. 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
St. Marys. 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. The mayor shall have four days after the same
shall have been passed by the council in which to file in writing with
the city clerk the veto of such ordinances, motions, orders, or resolu-
tions to which the mayor 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 four of the six 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. Code 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
GEORGIA LAWS 1981 SESSION
4777
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.
(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 3
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 con-
ducted in accordance with the Georgia Municipal Election Code,
Title 34A of the Code of Georgia (Ga. Laws 1968, p. 885), as now or
hereafter amended.
Section 3-102. Regular elections; time for holding, (a) On the
first Tuesday of December, 1981, and annually thereafter, an election
shall be conducted in the City of St. Marys for the purpose of electing
candidates to succeed the city officials whose terms shall expire on
the first Thursday after January 1 of the following year. In the event
no candidate receives a majority of the votes cast at such election,
there shall be a run-off election between the two candidates receiving
the highest number of votes cast for the office. The run-off election
shall be held 14 days after the regular municipal election, under the
same laws, rules, and regulations governing regular city elections.
The three councilmen who shall represent council posts 1, 2, and 3
shall be elected on the first Tuesday in December, 1981, and shall
serve for a term of office of two years each or until their successors are
elected and qualified. The mayor and three councilmen who shall
represent council posts 4,5, and 6 shall be elected on the first Tuesday
of December, 1982, and shall serve for a term of office of two years
each and until their successors are elected and qualified. The mayor
4778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and councilmen shall assume office on the first Thursday after
January 1 following their election. Beginning with the election to be
held in December, 1982, the terms of said posts shall be for a period of
two years.
(b) All municipal elections shall be nonpartisan and the names
of candidates for each position 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 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 Georgia code
relating to general elections; provided, however, that whenever such
office becomes vacant within 90 days of the expiration of its term, the
remaining council members shall select a qualified person to fill such
vacancy.
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 of affirmation. When the mayor is
tried the judge of the City Court of St. Marys or any judge of superior
court in this state shall preside, and no person shall be convicted
without the concurrence of two-thirds of the full council, and
judgment shall not extend further than removal from and disquali-
fication to hold any office of honor, trust, or profit in the City of St.
Marys; but any party so convicted shall be liable to indictment and
trial and upon conviction shall be punished as prescribed by law.
GEORGIA LAWS 1981 SESSION
4779
ARTICLE 4
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
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 which shall consist of any officers and
employees as may be provided by ordinance or administrative regula-
tions consistent therewith.
Section 4-102. Administrative organization. The mayor and
council may by ordinance organize, combine, consolidate, or discon-
tinue any offices, departments, agencies, or divisions of the city
government as it may from time to time deem desirable and consis-
tent 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 recommenda-
tions 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 exis-
tence, 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.
4780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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.
(e) Each board and commission may establish bylaws, rules, and
regulations not inconsistent with this charter, ordinances, or applica-
ble state law as it deems appropriate and necessary for its internal
organization, election of officers, and 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 appoint a city clerk, and such
assistant clerk or clerks as they deem appropriate, who shall hold
office for an indefinite term or until a 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 attest to the mayors signature on all
official documents, 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.
(d) The city clerk shall be included in any system of personnel
administration based upon merit principles which may be adopted
pursuant to Chapter 3 of this article.
Section 4-202. Finance director; appointment; duties; compen-
sation. (a) The mayor and council shall appoint a finance director
who shall hold office for an indefinite term, or until a successor is
appointed and qualified.
(b) The finance director shall collect all fines, taxes, and other
money due the city, shall attend to the issuance of all licenses and
permits, and shall perform such other duties as may be required by
the mayor and council.
GEORGIA LAWS 1981 SESSION
4781
(c) The compensation of the finance director shall be fixed by
the mayor and council.
(d) The finance director shall be included in any system of
personnel administration based upon merit principles which may be
adopted pursuant to Chapter 3 to this article.
Section 4-203. City attorney; appointment; qualifications;
duties; compensation, (a) The mayor and council shall annually
appoint a city attorney who shall hold office for one year, or until a
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 4-204. City manager; appointment; qualifications;
duties; compensation, (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 basis 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, the city manager need not be a resident of the city or
the state but during the tenure of office shall reside within the
geographical limits of the 29th District, G.M., Camden County,
Georgia.
(c) No council member shall receive this appointment during the
term for which the member was elected nor within one year after the
expiration of that term.
(d) The mayor and council may remove the city manager by such
procedure as may be set out in the city managers contract with the
city.
4782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 acknowl-
edged by a motion adopted by a majority vote of all council members.
(f) The city manager shall:
(1) Be the chief administrative officer of the city;
(2) Be responsible to the mayor and 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 ordi-
nances of the city;
(4) Be authorized to delegate the appointment and removal
powers in paragraph (3) above to each department head of the city
for that department;
(5) Prepare and submit an operating and capital improve-
ments budget annually to the mayor and council;
(6) Prepare and submit to the mayor and council, at the end
of each fiscal year, a report on the administrative and financial
activities of the city for the preceding year;
(7) Make any other reports on the operation of any aspect of
the city operation as the mayor and council may request by
motion; and
(8) 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 mayor and council adopted by motion
and may personally serve as department head of any and all depart-
ments.
(h) The city manager shall enter into contracts only with the
consent of the mayor and council adopted by motion or as authorized
by ordinance.
GEORGIA LAWS 1981 SESSION
4783
CHAPTER 3
PERSONNEL
Section 4-301. Merit system, (a) The mayor and council may
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 may 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, pay,
retirement and benefits, and other measures that promote the hiring
and retaining of capable, diligent, honest, career employees.
ARTICLE 5
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 access, 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 St. Marys. Said
sanitary tax shall be fixed or assessed by the mayor and council by
resolution or ordinance and may be collected either monthly, quar-
terly, semiannually, 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 or the owners thereof, or
both.
Section 5-103. Occupation and business taxes. The mayor and
council shall have the power and authority to levy and collect any
4784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
occupation and business taxes that are not prohibited by the Consti-
tution and general law of Georgia. These taxes may be levied on any
person, firm, partnership, company, or corporation which transacts
business in the city or 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 the 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-
110 of this chapter.
Section 5-104. Business licenses; permits; fees. The mayor and
council by ordinance shall have the authority to have any individual,
person, firm, partnership, company, or corporation which transacts
business in the city or 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 5-110. 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 5-105. 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 beer,
wine, or other alcoholic beverages by wholesale or retail dealers within
the city.
Section 5-106. 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.
GEORGIA LAWS 1981 SESSION
4785
Section 5-107. 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 5-110.
Section 5-108. 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 5-110.
Section 5-109. 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 5-110. 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
taxes, fees, or other revenues imposed; revoking city licenses for
failure to pay any city taxes, fees, or other revenues; allowing excep-
tions for hardship; providing for the assignment or transfer of execu-
tions 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.
4786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
city clerk and shall have the impression of the corporate seal of the
city thereon and shall be payable at a place designated by ordinance.
(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
GEORGIA LAWS 1981 SESSION
4787
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. 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.
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 depart-
ments 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 them the total municipal receipts from existing
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 appropria-
tions required by law and those required to meet contractual obliga-
tions or the continued appropriation and authorization of state or
federal grants, remaining unexpended and not contractually obli-
gated 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 ordi-
nance and amendments thereto, the mayor and council may make
additional appropriations which shall be known as supplementary
appropriations ordinances, provided no supplementary appropria-
tions shall be made unless there is an unappropriated surplus in the
4788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 appropri-
ations ordinance was adopted and approved.
Section 5-304. Deficits. If at any time during the year expendi-
tures 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 dis-
charge 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, with council approval,
shall sign and authorize all contracts, except as provided in subsec-
tion (h) of Section 4-204 of this charter. The city clerk shall attest all
contracts. The original of all contracts shall be maintained on file in
the office of the city clerk.
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 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 6
CITY COURT
Section 6-101. City court created. There shall be a court to be
known as the City Court of the City of St. Marys.
GEORGIA LAWS 1981 SESSION
4789
Section 6-102. Presiding officer; qualifications; compensation;
oath, (a) The city court shall be presided over by a chief judge and
such part-time, full-time, or standby associate judge as shall be
provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on
the city court unless such person shall have attained the age of 21
years and shall be a member of the State Bar of Georgia. All judges
shall be appointed by the city council for three-year terms, the first of
which shall begin on July 1,1981, and end June 30,1984.
(c) Compensation for the judges shall be fixed by ordinance.
(d) Before entering on the duties of his office, each judge shall
take an oath given by the mayor that such judge will honestly and
faithfully discharge the duties of the office to the best of such judges
ability without fear, favor, or partiality. The oath shall be entered
upon the minutes of the city council.
(e) In the event of the absence or disability of the judge of the
city court for any cause or during a vacancy in the office, such standby
associate judge as shall be appointed by the mayor and council shall
exercise all of the powers and discharge all of the duties of the judge
until the return of the judge or the removal of disability or until the
vacancy in office has been regularly filled.
Section 6-103. Court sessions; jurisdiction; powers, (a) The
city court shall be convened at regular intervals as provided by
ordinance, but the court shall convene at least once a month. All
sessions of the city court shall take place in the council chambers at
city hall.
(b) Jurisdiction and powers shall be as follows:
(1) The city court shall try and punish violations of all city
ordinances.
(2) The city court shall have authority to punish those in its
presence for contempt, provided that such punishment shall not
exceed $100.00 or 10 days in jail, or both.
(3) The city council may fix punishment for offenses within
its jurisdiction not exceeding a fine of $500.00 or imprisonment for
90 days, or both, for each violation.
4790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) The city court shall have authority to establish a sched-
ule of fees to defray the cost of operation and shall be entitled to
reimbursement of the cost of meals, transportation, and caretak-
ing of prisoners bound over to superior courts for violation of state
law.
(5) The city 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 the
appearance of persons charged with violations. Whenever any
person shall have made bail for such persons appearance and that
person shall fail to appear at the time fixed for trial, such persons
bond shall be forfeited by the judge presiding at such time and an
execution shall be issued thereon by serving the defendant and
defendants 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 and 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.
(6) The city 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.
(7) The city 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.
(8) The city 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 an officer as authorized by this charter or by general
state law.
(9) The city court is specifically vested with all of the
jurisdictions and powers throughout the entire area of this city
granted by general state laws to mayors and recorders and police
GEORGIA LAWS 1981 SESSION
4791
courts and particularly by such laws as authorize the abatement of
nuisances and prosecution of traffic violations.
Section 6-104. Appeals; procedure; rules and regulations, (a)
The right of appeal and any bond as may be required to secure the
costs on appeal to the Superior Court of Camden County from the city
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 an appeal within ten
days of the date of conviction shall be deemed to have waived the
right. An appeal to the superior court shall be a de novo proceeding.
(b) With the approval of the mayor and council, the judge shall
have full power and authority to make reasonable rules and regula-
tions necessary and proper to secure the efficient and successful
administration of the city court. The rules and regulations made or
adopted shall be filed with the city clerk and shall be available for
public inspection. All defendants shall have such procedural and
substantive rights as are now or hereafter granted by the Georgia and
United States Constitutions to defendants in similar courts.
ARTICLE 7
GENERAL PROVISIONS
Section 7-101. Terms of present officers. All present elected
officers of the city shall be entitled to 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 ordi-
nances, 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, modi-
fied, or amended.
Section 7-103. Contracts and obligations; proceeding, (a) All
contracts, orders, leases, bonds, and other obligations or instruments
legally 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
4792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
Section 7-104. 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 7-105. 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. Specific Act repealed. An Act creating a new
charter and municipal government for the City of St. Marys,
approved August 15, 1910 (Ga. Laws 1910, p. 1086), as amended, is
hereby repealed in its entirety.
Section 7-107. Effective date. This Act shall become effective
upon its approval by the Governor or upon its becoming law without
his approval.
Section 7-108. 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
1981 session of the General Assembly of Georgia a bill to create a new
charter for the City of St. Marys; and for other purposes.
GEORGIA LAWS 1981 SESSION
4793
This 5th day of January, 1981.
Richard W. Littlefield, Jr.
Senator,
6 th District
Tommy Smith
Representative,
152nd District
James C. Moore
Representative,
152nd District
Georgia, Camden County.
Personally appeared before me, the undersigned officer autho-
rized to administer oaths, Carlton Roberts, known to me, who being
sworn by me, deposes and says: That he is the Publisher of the
Camden County Tribune, a newspaper of general circulation pub-
lished in St. Marys, Camden County, Georgia; that the Camden
County Tribune is the official organ of Camden County pursuant to
Ga. Code Sec. 39-1103 and is the newspaper customarily used by the
Sheriff of Camden County for the publication of notices required by
law; that he is authorized by the Camden County Tribune to make
affidavits of publications of behalf of said newspaper; that he has
reviewed the editions of the Camden County Tribune published on
January 8,1981; January 15,1981; and January 22,1981; and says of
his own personal knowledge that the advertisement attached hereto
and made a part hereof appeared in each of said editions.
/s/ Carlton Roberts
257
4794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24 day of February, 1981.
/s/ Audrey T. Addy
Notary Public, Georgia State at Large.
My commission expires Nov. 28, 1983.
(Seal).
Approved April 9,1981.
COOK COUNTYSMALL CLAIMS COURT CREATED.
No. 719 (House Bill No. 1029).
AN ACT
To create and establish a Small Claims Court of Cook County; to
provide for the appointment, duties, powers, compensation, qualifica-
tions, substitutions, and tenure of office of the judge of any such small
claims court; to prescribe the jurisdiction, the pleading, practice, and
service of processes therein; to provide for a clerk and to prescribe his
duties and remuneration; to provide for paraphernalia for such court;
to validate acts and proceedings therein; to provide the effective date
hereof; to provide for one or more bailiffs of and for said small claims
court; to standardize and fix the monetary limits of such court in
conformity with preexisting small claims courts of this state; to
provide for the procedure and practice in garnishments, in the issuing
of executions from said court, and in the trial of claim cases and
illegalities instituted by third parties; to fix, clarify, and make certain
the provisions as to costs in certain cases; to enable the county
commissioners to provide adequate and suitable quarters, facilities,
and accommodations for transacting the business of said court and to
provide such additional personnel as in their judgment such court
may require; to provide for the continuation of certain processes,
actions, suits, and cases; to provide for other matters relative to the
foregoing; to provide for legislative intent; to provide for severability;
GEORGIA LAWS 1981 SESSION
4795
to provide an effective date; to provide for conditions for 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 and established a small
claims court in and for Cook County. Such court shall have civil
jurisdiction in all cases ex contractu and ex delicto in which the
principal amount of 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 Cook County; and such jurisdiction shall include the power to issue
writs of garnishment, attachments, petitions for writ of possession,
petitions for dispossessory proceeding and, in addition to the powers
herein specifically granted, also the powers granted to justices of the
peace by the Constitution and laws of the State of Georgia.
Section 2. (a) Any person appointed as judge of the small claims
court created by this Act must be a resident of Cook County, be at
least 25 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 20 years of age and must be
residents of the county.
(c) The judge now serving as the small claims court was previ-
ously constituted shall continue to serve as judge of this court for the
remainder of the four-year term for which he was appointed, said
term ending January 1,1983. For the term beginning January 1,1983,
the Governor shall appoint and commission a citizen of the county
duly qualified under subsection (a) of this section to serve as judge of
said court for a four-year term ending January 1, 1987. All terms
thereafter will be for four years and until a successor is appointed and
qualified. All appointments for any unexpired term shall be made by
the Governor.
Section 3. Whenever the judge of the small claims court shall be
disqualified in any case, or unable to serve because of sickness or for
other causes, he is hereby authorized to appoint a qualified attorney
who practices law full time in Cook County, Georgia, or a resident
citizen of the county reasonably knowledgeable in legal proceedings,
4796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to perform such duties, and to hear and determine all such matters as
may be submitted to him or her, and shall be substituted in all
respects in the place and stead, in the matter aforesaid, of the judge
unable to act.
Section 4. Any duties herein prescribed to be performed by the
clerk of a small claims court may be performed by the judge thereof,
although the judge may appoint a person to act as clerk, said clerk to
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-
ant, in clear and 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. The judge or clerk may, at the request of
any individual, prepare the statement of claim and other papers
required to be filed in an action.
(b) A copy of the verified statement, 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 may be made in
Cook County by an officer or person authorized by law to serve
process in superior courts, by a duly qualified small claims court
bailiff, by registered or certified mail with a return receipt, or by any
private individual not a party to or otherwise interested in the suit
especially appointed by the judge 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,
verification, and notice in an envelope addressed to the demandant at
his last known address, prepay the postage from the advance cost
collected for service, and mail the same forthwith, noting on the
record the date and hour of mailing. When a receipt therefor is
returned, 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.
GEORGIA LAWS 1981 SESSION
4797
(d) When served by a private individual, as above provided, he
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. The cost of service in the sum of $10.00 shall be
advanced by the party demanding same, in addition to the filing fee
hereinafter provided, and shall be taxed as other costs. When service
is performed by the sheriff or his deputies, he shall be entitled to his
regular fee, which at the present time is $15.00.
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, the plaintiff shall be required to present proof of his
claim.
(g) Said notice shall specify the day and hour of the hearing,
which date shall not be less than five nor more than 35 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 shall be
indicated every proceeding and ruling had in the case.
Section 8. The plaintiff, when he files his claim, shall advance
and deposit with the court a filing fee in the sum of $15.00 which shall
cover all costs of the proceedings, except cost of service of notice as
provided hereinabove in subsection (e) of Section 6. The same filing
fee and costs shall also apply in cases of attachment, foreclosure on
personalty, writ of possession, dispossessory proceedings, possessory
warrants, trover, garnishment, and all other actions which require
essentially the same procedures for filing, docketing, issuing, serving
notice, setting hearings, rendering judgments, and issuing fi. fas. or
orders. In all other matters not specifically mentioned or provided for
herein, the cost shall be the same as now or hereafter provided by the
laws of Georgia for justices of the peace. If a party shall fail to pay the
accrued cost, the judge shall have the power to deny said party the
right to file any new cases while such cost remains 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
4798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
at his discretion. When a case involves more than one party defend-
ant, an additional filing fee not to exceed $5.00 may be required.
Section 9. (a) On the day set for the hearing or at such later time
as the judge may set, the trial shall be conducted. 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 the 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; and all rules and regulations relating to pleading,
practice, and procedure shall be liberally construed so as to adminis-
ter justice.
(c) In cases of attachment, garnishment, and trover, the legal
grounds thereof shall be as now or hereafter provided by law and the
pleading and practice in such cases shall be substantially the same as
required in courts of justices of the peace; and no formal declaration
in attachment shall be required.
(d) If the plaintiff fails to appear, the case 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 dictate.
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 in his discretion 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. 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 issue raised by such claim affidavit shall be heard
and determined by the judge of said small claims court; and the judge
GEORGIA LAWS 1981 SESSION
4799
shall be entitled to a fee of $10.00 for every such claim case. The same
practice and procedure shall apply in cases of affidavits of illegality.
All attachment proceedings shall be tried by the judge and without a
jury.
Section 12. When a judgment is to be rendered and the party
against whom it is to be rendered requests permission to pay in
installments, 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 such small claims court shall not be
obligated to collect such deferred partial payments on judgments so
rendered but, if the plaintiff so requests or consents, he may do so at
the expense of the plaintiff for clerical and accounting costs not to
exceed 10 percent of the amounts collected.
Section 14. The judges of the superior court presiding in Cook
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, from time to time, to insure the proper administration of
justice and to accomplish the purposes hereof. All such rules made by
the judge of the superior court shall be placed in a special book for
that purpose which is to be kept by the judge of the small claims
court.
Section 15. The judge of such court shall have power to appoint
one or more bailiffs of and for said small claims court to act within
and throughout the limits of Cook County, such bailiffs to serve at the
pleasure of the judge and under his direction; and a person so
appointed shall be known and designated as small claims court
bailiff and have the powers and authority and be subject to the
penalties of all lawful constables of the State of Georgia, including the
power to serve any and all processes and writs issued from or by said
small claims court with the power also to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment
as such, take and subscribe the oath of office as prescribed in Code
4800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24-804 and give the bond prescribed in Code Section 24-811
of the Code of Georgia; and such bailiffs shall be subject to be ruled
for failure 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 all papers issued by the small claims
court, make levies, and conduct sales.
Section 16. Said small claims court shall not necessarily have
designated terms at stated periods, but being always open for the
transaction of business, the judge thereof, or the clerk if he so
authorizes, shall in each instance set dates for all hearings and trials
in every kind of case and also designate the times when attachments
and executions are returnable; provided, however, that all garnish-
ment proceedings shall be conducted in accordance with Georgia
Code Title 46, relating to garnishment, as now or hereafter amended.
A summons of garnishment shall be served on the garnishee and a
copy of same on the defendant in accordance with the above-refer-
enced Code section.
Section 17. A summons of garnishment may be served by the
sheriff or his deputies or by a lawful constable or by a small claims
court bailiff; or it may be served by registered or certified mail,
provided such service by mail is evidenced by a properly signed return
receipt, which receipt shall be attached to the original garnishment
affidavit or the writ of attachment. Whenever served in person by a
court officer as aforesaid, such officer shall enter his return of service
either on the back of the summons of garnishment or the affidavit or
in the place provided for such entry of service. The same requirement
for entry of service shall apply in attachment cases. However, such
entry of service may be made on a separate paper and attached to
such garnishment affidavit or writ of attachment, as the case may be.
Section 18. All cases in the small claims court shall be heard and
determined by the judge of said court and without the benefit of jury
trial. Any party dissatisfied with the judgment rendered by the judge
of the small claims court shall have the right and privilege to appeal
the case to the superior court to be determined by a jury as provided
for in Section 21 of this Act.
Section 19. The judge of the small claims court shall have the
power to impose fines of not more than $50.00 or imprison for not
longer than three days any person guilty of contempt of said court,
such fines to be paid into the county treasury or depository for county
purposes.
GEORGIA LAWS 1981 SESSION
4801
Section 20. Judgments of the small claims court shall become a
lien on the real estate and personal property of a defendant from the
time of the filing in the office of the clerk of the superior court for said
county of an execution based upon such judgment and at the time the
entry thereof is made by the clerk in the general execution docket for
said county.
Section 21. (a) Appeals may be had from judgments rendered in
the small claims court to the superior court by the party desiring to
appeal. The dissatisfied party desiring the appeal shall first notify the
small claims court in writing of his intention to appeal within ten days
after the rendering of the judgment. The appellant shall pay all court
costs then due the small claims court, plus $10.00 for entering said
appeal, making copies, and transmitting the original suit, motions,
and supporting documents to the clerk of the superior court.
(b) The formal appeal must be filed with the small claims court
within 30 days from the entering of the judgment in said court. The
written appeal shall include the name and number of the case in the
small claims court and shall state the grounds for appeal. A copy of all
such appeals filed in the superior court shall be served upon the
opposite party, or his attorney, filing the appeal. The means of
serving the opposite party shall be by handing a copy to him person-
ally, or by mailing a copy of the same to him in an envelope properly
addressed and carrying sufficient postage for the delivery thereof. At
the time of filing said appeal, the appellant or his attorney shall
attach a certificate to the appeal showing how the service was made
on the opposite party.
(c) Either party shall have the right to file and have heard by the
superior court judge any motions which are authorized by the
Georgia Civil Practice Act after the appeal is docketed in the
superior court. Cases thus appealed from the small claims court may
be tried by a jury in the superior court, and, if so, the jury shall consist
of six persons chosen from 12 veniremen, the plaintiff and the
defendant having three strikes each.
(d) The appeal shall be accompanied by a deposit in the amount
of $75.00 payable to the clerk of the superior court. The case shall
then be filed and given a superior court number. The $75.00 deposit
shall be used and accounted for as follows: (1) to pay the legal library
fee of $2.00; (2) to pay the prevailing filing fee for the superior court
clerk. The remainder shall be transmitted to the county treasury by
the superior court clerk to help defray the expenses of the court.
4802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) If the case is settled, withdrawn, or dismissed, that portion of
the deposit which would otherwise be transmitted to the county
treasury shall be refunded. The remaining portion of the deposit may
also be recoverable in the final judgment if the judgment is in favor of
the appellant.
(f) All costs shall be paid by appellant within 30 days from the
date of judgment in the small claims court or the appeal shall be
dismissed by the judge of the superior court.
(g) Either party shall have the right to appeal to higher court in
the same manner as other decisions of the superior court are
appealed.
Section 22. Until otherwise provided by rules of court, the
statement of claims, 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 or process now provided by
law:
Small Claims Court of Cook County
______________________Georgia
Plaintiff
Address
vs.
Defendant
Address
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs claim
GEORGIA LAWS 1981 SESSION
4803
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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn and subscribed before me
this _____day of_________________, 19
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 $_____________, as
shown by the foregoing statement. The court will hold a hearing upon
this claim on______________at____________.M. at (address of court).
4804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Cook County
(Seal).
Section 23. All acts performed by the judge or clerk and all
proceedings before the Small Claims Court of Cook County are
hereby validated and all judgments and executions therein or there-
from shall run and be enforceable throughout this state.
Section 24. No time served as judge of said small claims court
shall count toward any retirement as a judge of a superior court.
Section 25. (a) All supplies and paraphernalia, forms, doc' et
books, file jackets, filing cabinets, and the like required by this Act in
the proper operation of a small claims court shall be furnished by the
county commissioners upon requisition of the judge of such court.
(b) The Cook County Commissioners shall provide adequate
and suitable quarters, facilities, and accommodations for transacting
the business of such court; and they may provide such additional
personnel as in their judgment the court may from time to time
require.
GEORGIA LAWS 1981 SESSION
4805
(c) An additional fee of $2.00 shall be taxed as cost for each case
filed in the small claims court, said fee to be transmitted to the county
treasury to help defray the expenses incurred by the county in the
operation of said court.
Section 26. All mesne and final processes and all actions, suits,
and cases which are pending in the small claims court in Cook County,
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Cook County which is
created by this Act.
Section 27. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Cook County. It is the further intent
of the General Assembly that the court created by this Act shall be a
continuation of the heretofore small claims court in Cook County, as
created by an Act approved April 4,1963 (Ga. Laws 1963, p. 2933), as
amended, which court shall stand abolished by action of the General
Assembly effective July 1,1981.
Section 28. 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 uncon-
stitutional 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. This Act shall become effective July 1, 1981;
provided, however, that, if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in each county in this
State having a population of not less than 11,775 and not more than
12,100 according to the U. S. Decennial Census of 1960 or any future
such census, and including the Counties of Cook and Cook; providing
for the appointment, duties, powers, compensation, qualifications,
substitutions and tenure of office of the judge of any such Small
Claims Court; prescribing the jurisdiction, the pleading, practice and
service of processes therein; providing for a clerk and prescribing his
duties and remuneration; providing for paraphernalia for such courts;
validating acts and proceedings therein; providing the effective date
hereof; to provide for one or more bailiffs of and for said small claims
4806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
court; to standardize and fix the monetary limits of such courts in
conformity with preexisting small claims courts of this State; to
provide for the procedure and practice in garnishments, in the issuing
executions from said courts, and in the trial of claim cases and
illegalities instituted by third parties; to fix, clarify and make certain
the provisions as to costs in certain cases; to enable the county
commissioners to provide adequate and suitable quarters, facilities
and accommodations for transacting the business of said courts and
to provide such additional personnel as in their judgment such courts
may require; to repeal conflicting laws; and for other purposes.,
approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended by an
Act approved March 10, 1964 (Ga. Laws 1964, p. 2528), and an Act
approved March 19, 1974 (Ga. Laws 1974, p. 2220); to provide an
effective date; to provide conditions for the effective date; to repeal
conflicting laws; and for other purposes., does not pass the 1981
session of the General Assembly and is not signed by the Governor or
does not become law without his signature, this Act shall be null and
void and shall stand repealed in its entirety.
Section 30. 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
1981 session of the General Assembly of Georgia a bill amending the
1963 Small Claims Court, Act, or a bill re-creating and establishing
the Small Claims Court of Cook County, to provide for other matters
relating to the Small Claims Court of said county, and for other
purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Edmond Lewis Perry 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 Intro-
duce Local Legislation was published in the Adel News which is the
official organ of Cook County, on the following dates: January 14, 21,
28,1981.
GEORGIA LAWS 1981 SESSION
4807
/s/ Edmond Lewis Perry
Representative,
146th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
COBB COUNTYCOMPENSATION OF CLERK OF
SUPERIOR COURT AND DEPUTY CLERK.
No. 720 (House Bill No. 1033).
AN ACT
To amend an Act changing the compensation of the clerk of the
Superior Court, the sheriff, and the judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
February 9,1949 (Ga. Laws 1949, p. 427), as amended, particularly by
an Act approved April 11, 1979 (Ga. Laws 1979, p. 4172), so as to
change the provisions relating to the compensation of the clerk of the
superior court and the deputy clerk of the superior court; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the clerk of the
Superior Court, the sheriff, and the judge of the Probate Court of
Cobb County from the fee system to the salary system, approved
4808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
February 9,1949 (Ga. Laws 1949, p. 427), as amended, particularly by
an Act approved April 11, 1979 (Ga. Laws 1979, p. 4172), is hereby
amended by striking from Section 2 the following:
The salary of the Clerk of the Superior Court of Cobb County
shall be $23,540.00 per annum to be paid in equal monthly install-
ments from the funds of Cobb County; provided, however, that,
effective April 1,1980, the salary of the said clerk of the superior court
shall be increased to $25,190.00.
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. (a) The salary of said clerk of superior court shall be
$29,350.00 per annum through December 31,1981, and the salary of
the clerk of superior court shall be $32,850.00 per annum effective
January 1,1982, and thereafter, to be paid monthly from the funds in
the county treasury.
(b) The clerk of superior court shall be allowed a deputy clerk
whose salary shall be $26,550.00 per annum through December 31,
1981, and the salary of the clerk shall be $29,750.00 per annum
effective January 1,1982, and thereafter, to be paid monthly from the
funds in the county treasury. Any candidate for the office of clerk of
the Superior Court of Cobb County shall, on the date of his qualifica-
tion for such office in either a primary or general election, certify to
the judge of the Probate Court of Cobb County the name of the
person he shall appoint as his deputy clerk in the event he is elected to
the office of clerk; and the person so named and certified by the
successful candidate for such office shall serve as the deputy clerk
during the term for which he was so named. In the event of the death
or the removal from office of said deputy clerk, the clerk of the
superior court shall have 30 days from said date of death or removal
from office of said deputy clerk to certify to the judge of the Probate
Court of Cobb County the name of the new deputy clerk to be
appointed by him. In addition to said deputy clerk, the clerk of the
Superior Court of Cobb County shall be authorized and empowered to
employ the clerical help necessary to perform properly the functions
and duties of the office, provided that the number of employees and
salaries or other compensation to be paid to each shall first be
approved by the governing authority of Cobb County.
GEORGIA LAWS 1981 SESSION
4809
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 in the regular
1981 session of the General Assembly of Georgia, a bill amending an
act of changing compensation from fee system of the Superior Court
Clerk, Sheriff and Judge of Probate Court, approved February 19,
1949 (Ga. L. 1949, p. 427) as heretofore amended and for other
purposes.
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George W. Darden 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
4810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Cobb County, on the following dates: January 30,
February 6,13,1981.
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
STATE COURT OF DeKALB COUNTYCOURT COSTS.
No. 721 (House Bill No. 1035).
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), an Act approved March 29,1968 (Ga. Laws 1968, p. 2928), an
Act approved March 27, 1972 (Ga. Laws 1972, p. 2862), an Act
approved March 7, 1973 (Ga. Laws 1973, p. 2075), and an Act
approved March 5,1976 (Ga. Laws 1976, p. 2906), so as to change the
provisions relative to court costs; to provide an effective date; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
4811
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), an Act approved March 29, 1968 (Ga. Laws 1968, p. 2928), an
Act approved March 27, 1972 (Ga. Laws 1972, p. 2862), an Act
approved March 7, 1973 (Ga. Laws 1973, p. 2075), and an Act
approved March 5,1976 (Ga. Laws 1976, p. 2906), is hereby amended
by striking in their entirety Sections 11B and 12A and substituting in
lieu thereof, respectively, new Sections 11B and 12A to read as
follows:
Section 11B. Each party filing a suit or proceedings of any
character in the State Court shall deposit with the clerk of said court,
except as hereinafter provided, the total costs, including the first
judgment and fi. fa., for all suits or proceedings of any character,
irrespective of how they shall be terminated, which shall be $15.00
plus $5.00 for each defendant more than one; provided, however,
where the principal amount involved is more than $200.00, the cost
shall be $30.00 plus $5.00 for each defendant more than one. The
total cost, except as hereinafter provided, for a garnishment proceed-
ing, irrespective of how it shall be terminated, shall be $15.00 plus
$5.00 for each summons more than one; provided, however, where the
principal amount of the garnishment involved is more than $200.00,
the cost shall be $30.00 plus $5.00 for each summons more than one.
Costs for filing dispossessory and distress warrants shall be $20.00
plus $5.00 for each defendant more than one. Each time a case is
checked or continued and is stipulated back to the trial calendar,
there shall be a fee of $5.00 as a stipulation fee, and the same shall be
charged as part of the costs. Each time the case is stipulated to the
calendar, said $5.00 is to accompany the letter of stipulation and in
addition thereto there shall be a certificate of service attached to said
letter notifying the opposing party or the attorney of record. In
addition to the foregoing costs, the clerk of said court shall charge and
collect costs as follows:
For issuing scire facias each defendant
including service...................................$10.00
For each verdict rendered more than one
and docketing same.................................... 1.00
4812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For each judgment more than one and
docketing same ......................................... 3.00
For each motion filed and docketing same 5.00
For affidavit to obtain alias fi. fa..................... 2.00
For taking and approving supersedeas bond................ 5.00
For answering each writ of certiorari..................... 3.00
For filing and docketing each appeal to the
Appellate Division, including filing all
briefs ................................................. 5.00
For entering judgment or remittitur from
Court of Appeals or Supreme Court....................... 3.00
For exemplifications of records, per
hundred words..............................................20
For affidavit where no cause is pending................... 1.00
For certificate and seal of court......................... 1.00
For certified copy........................................ 5.00
For filing and docketing each traverse
to answer of garnishment including
service ............................................... 10.00
Provided, however, that the clerk shall not be required to file a
traverse to answer of garnishment unless the cost is paid at the time of
filing.
Marshal
For search and return of nulla bona, except
in foreclosures and attachments........................$ 5.00
For each arrest in civil cases .......................... 10.00
For each commitment in civil cases and
entering same............................................ 5.00
For each levy or seizure, except in
foreclosures, attachments and trovers................... 10.00
For taking and approving bond in any
civil case............................................... 5.00
For settling fi. fa. before sale of property............. 5.00
For advertising personal property for sale............... 5.00
For settling fi. fa. from another court............... 5.00
For backing fi. fa. from another court.............. 10.00
For marshals deed to realty............................... 5.00
For bill of sale to personalty ............................ 6.00
For serving subpoena...................................... 10.00
GEORGIA LAWS 1981 SESSION
4813
For serving summons (second original) from
another county....................................... 10.00
Provided, however, that the cost for serving any paper or proceed-
ing not provided for in this Act shall be $10.00.
From commission on sale of personal property:
From $1.00 to $100.00 .................................... 7%
From $100.00 to $2,000.00................................. 3%
All over $2,000.00........................................ 2%
For commission on sale of real estate:
From $1.00 to $100.00 .................................... 7%
From $100.00 to $2,000.00................................. 3%
All over $2,000.00........................................ 2%
For removing or storing or removing and storing property and
keeping and feeding animals, the cost shall be the actual expense
incurred.
Section 12A. The total costs charged in criminal cases in the State
Court of DeKalb County shall be $25.00. Costs shall be paid in all
cases where the defendant is convicted, pleads guilty, nolo contend-
ere, or there is a settlement. All costs in said court shall be paid to the
clerk of said court and shall be paid into the county treasury by said
clerk as is now provided by law. Nothing herein shall be construed to
prohibit the judge of said court from suspending or probating said
costs in whole or in part.
Section 2. This Act shall become effective on July 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
1981 session of the General Assembly of Georgia a bill to amend an
Act to creating the State Court of DeKalb County, approved Febru-
ary 14,1951 (Ga. Laws 1951, p. 2401), as amended; to repeal conflict-
ing laws; and for other purposes.
4814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of January, 1981.
Judge Jack B. Smith
Judge Ralph E. Carlisle
Judge Clarence F. Seeliger
State of Georgia
County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of 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 Local Legislation - State
Court of DeKalb County, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 22, 29, 5th day of Jan.,
Feb., 1981.
Gerald W. Crane,
Co-publisher
(by) Linda L. Orr,
Agent
Sworn to and subscribed before me,
this 5th day of Feb., 1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large.
My Commission Expires Jan. 4, 1982.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4815
CITY OF WOODSTOCKCHARTER AMENDED.
No. 722 (House Bill No. 1036).
AN ACT
To amend an Act re-creating and reincorporating the City of
Woodstock, approved April 17, 1975 (Ga. Laws 1975, p. 4160), so as to
change the qualifications for councilmen; to provide for the election
of the mayor and councilmen; to divide the city into five wards; to
provide that each ward shall be entitled to one councilman; to provide
for the election of councilmen by a majority vote of the electors of the
entire 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 re-creating and reincorporating the City of
Woodstock, approved April 17, 1975 (Ga. Laws 1975, p. 4160), is
hereby 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. The members of
the council shall serve for terms of three years and until their
respective successors are elected and qualified. No person shall be
eligible to serve as mayor unless he has been a resident of the city for a
period of one year immediately prior to the date of the election for
mayor. No person shall be eligible to serve as a councilman unless he
has been a resident of the ward for which he is offering as a candidate
for a period of one year immediately preceding the date of the election
for councilmen. The person elected to serve as mayor shall continue
to reside in the city and each person elected to serve as councilman
shall continue to reside in the ward from which elected during their
respective terms of office. The mayor and each councilman shall be
registered and qualified to vote in municipal elections of the City of
Woodstock and each of them 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. 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:
4816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.10. Election and terms of mayor and council. The
governing authority of the City of Woodstock, in Cherokee County,
Georgia, shall be vested in a mayor and five councilmen. The mayor
and councilmen of said city shall be elected on the first Tuesday in
December for terms of three years each, and the persons so elected
shall take office on the fourth Thursday in January of the following
year. The mayor and all councilmen shall be elected by a city-wide
majority vote. The councilmen from wards 1,3, and 5 shall be elected
in 1981 and every three years thereafter. The councilmen from wards
2 and 4 shall be elected in 1982 and every three years thereafter. The
hours for holding such election shall be 7:00 A.M. to 7:00 P.M. The
mayor and council of the City of Woodstock in office on the effective
date of this Act shall continue in office until the expiration of their
terms and the election and qualification of their successors, as
provided in this Act.
Section 3. Said Act is further amended by adding a new Section
5.20 immediately following Section 5.12 to read as follows:
Section 5.20. Division of city into five wards. The City of
Woodstock shall be divided into five wards as follows:
WARD NO. 1
All that tract or parcel of land located within the city limits of
Woodstock, Cherokee County, Georgia and being more particu-
larly described as follows:
Beginning at a point formed by the intersection of the center-
lines of Georgia Highway #5 and the centerline of Rope Mill Road;
thence in a Northerly direction along the centerline of Rope Mill
Road to a point where said centerline intersects with the inter-
section of Rusk Street; thence in a Westerly direction along the
centerline of Rusk Street to a point where Rusk Street intersects
with Robin Hood Drive thence in a Southerly direction along
Robin Hood Drive to a point where said centerline intersects with
the centerline of Little John Lane; thence in a Westerly direction
along the centerline of Little John Lane to a point where said
centerline intersects with Sherwood Drive; thence in a Southerly
direction along the centerline of Sherwood Drive to a point where
Sherwood Drive intersects with West Mill Street; thence in a
Westerly direction along the centerline of West Mill Street to the
city limits line located on the West side of the City of Woodstock;
GEORGIA LAWS 1981 SESSION
4817
thence in a Northerly direction along the West boundary of the
City of Woodstock to a point where said city limits turn and travel
in the Westerly direction; thence following the city limits of the
City of Woodstock in a Westerly direction and in a Northerly
direction to the Northwest corner of the city limits of the City of
Woodstock; thence in an Easterly, Northerly and Northeasterly
direction along the North boundary of the city limits of Wood-
stock to a point where said city limits boundary intersects with
Georgia Highway No. 5; thence in a Southwesterly and Southerly
direction along the centerline of Georgia Highway No. 5 to a point
where the centerline of Georgia Highway No. 5 intersects with
Rope Mill Road the same being the point of beginning.
WARD NO. 2
All that tract or parcel of land lying and being in the city
limits of Woodstock, Cherokee County, Georgia and being more
particularly described as follows:
Beginning at a point formed by the intersection of the center-
line of Georgia Highway #5 with the centerline of Rusk Street;
thence in a Southerly direction along the centerline of Georgia
Highway #5 to the business district of the City of Woodstock to a
point where the centerline of Georgia Highway #5 intersects with
the South city limits boundary of the City of Woodstock; thence in
a Westerly direction along the South boundary of the city limits of
Woodstock to the Southwest corner of the city limits of the City of
Woodstock; thence in a Northerly direction following the West
boundary line of the city limits of Woodstock to a point where the
said West boundary line of the city limits intersects with West
Mill Street; thence in an Easterly direction along the centerline of
West Mill Street to a point where said centerline intersects with
Sherwood Forrest; thence in a Northerly direction along the
centerline of Sherwood Forrest to a point where said centerline
intersects with Little John Lane; thence in an Easterly direction
along Little John Lane to a point where said centerline intersects
with Robin Hood Drive; thence in a Northerly direction along the
centerline of Robin Hood Drive to the point where said centerline
intersects with Rusk Street; thence Easterly along the centerline
of Rusk Street to a point where said centerline intersects with
Rope Mill Road; thence Southerly along the centerline of Rope
Mill Road to a point where said centerline intersects with Georgia
Highway #5 the same being the point of beginning.
4818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WARD NO. 3
All that tract or parcel of land lying and being in the City of
Woodstock, Cherokee County, Georgia and being more particu-
larly described as follows:
Beginning at a point formed by the intersection of the center-
line of Georgia Highway #5 and the centerline of Rope Mill Road;
thence in a Southerly direction along the centerline of Georgia
Highway #5 and traveling through the business district of the City
of Woodstock to a point where the centerline of Georgia Highway
#5 intersects with the Southern boundary of the city limits of the
City of Woodstock, thence in an Easterly and Northerly direction
following the curvatures and angles of the South boundary line of
the City limits of the City of Woodstock to a point where said city
limits boundary intersects with Franklin Lane; thence in a North-
erly direction along the centerline of Franklin Lane to a point
where Franklin Lane intersects with the South land lot line of
Land Lot #1026; thence in a Westerly direction along the South
land lot line of Land Lot #1026 to the Southwest corner of Land
Lot #1026; thence North along the West land lot line of Land Lot
#1026 to a point where said land lot line intersects with Arnold
Mill Road; thence in a Southwesterly direction along the center-
line of Arnold Mill Road (Arnold Mill Road being the Northern
boundary of the city limits of Woodstock at this point) to a point
where the city limits boundary leaves Arnold Mill Road and
travels in a Northerly direction; thence following the boundary
line of the City of Woodstock at this point and traveling at a
Northerly, Easterly Northwesterly and then generally Northerly
direction along the boundary line of the City of Woodstock to a
point where said boundary line of the City of Woodstock turns and
travels in an Westerly direction to a point where said boundary
line intersects with Georgia Highway #5; thence Southerly along
the centerline of Georgia Highway #5 to a point where the
centerline of Georgia Highway #5 intersects with Rope Mill Road
the same being the point of beginning.
WARD NO. 4
All that tract or parcel of land lying and being in the City of
Woodstock, Cherokee County, Georgia and being more particu-
larly described as follows:
GEORGIA LAWS 1981 SESSION
4819
Beginning at the original Southeast corner of Land Lot
#1028; thence North along the East land lot line of Land Lot
#1028 and #989 to a point where the city limits boundary of the
City of Woodstock leaves said land lot line and travels in a
Southwesterly direction along the boundary of Dupree Park to a
point where said boundary line of the City of Woodstock inter-
sects with Neese Road; thence along the centerline of Neese Road
in a Westerly direction to a point where said Neese Road inter-
sects with Arnold Mill Road; thence continuing along the center-
line of Arnold Mill Road to a point where said city limits boundary
leaves Arnold Mill Road and travels in a generally Southeasterly
direction or distance approximately 250 feet; thence following the
boundary of the City of Woodstock in a Southwesterly direction
approximately 250 feet to a point where said boundary line of the
City of Woodstock intersects with the West land lot line of Land
Lot #1026; thence South along the West land lot line of Land Lot
#1026 to the original Southwest corner of Land Lot #1026; thence
East along the South land lot line of Land Lot #1026 to a point
where said land lot line intersects with Franklin Road; thence
South along the centerline of Franklin Road to a point where
Franklin Road intersects with the South boundary of the city
limits of the City of Woodstock; thence East, South, East and
North following the boundary line of the city limits of the City of
Woodstock, to a point where said boundary line intersects with
the South land lot line of Land Lot #1028; thence East along the
South land lot line of Land Lot #1028 to a point located at the
Southeast corner of Land Lot #1028 the same being the point of
beginning.
WARD NO. 5
All that tract or parcel of land lying and being in the City of
Woodstock, Cherokee County, Georgia and being more particu-
larly described as follows:
Beginning at the original Northwest corner of Land Lot #988;
thence South along the West land lot line of Land Lot #988 and
the West land lot line of Land Lot #1029 to the original Southwest
corner of Land Lot #1029; thence continuing due South along the
line parallel with the Rivercrest Drive to a point where the city
limits of the City of Woodstock begans to curve in a Southeasterly
direction following the curvature of the city limits of Woodstock in
a Southeasterly direction and an Easterly direction to a point on
4820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the extreme East boundary of the city limits of Woodstock; thence
North along the East boundary line of the city limits of Woodstock
and along the line parallel with Sabrina Court to a point where
said city limits line intersects with the North land lot line of Land
Lot #987; thence West along the North land lot line of Land Lot
#987, #988 to the original Northwest corner of Land Lot #988 the
same being the point of beginning.
Section 4. Said Act is further amended by adding a new Section
5.21 immediately following Section 5.20 to read as follows:
Section 5.21. Election of one councilman from each ward by
electors of entire city. Each ward shall be entitled to one councilman
who shall be a resident of the ward at the time of his election and for
12 months prior thereto, and each councilman shall be elected by a
majority vote of the electors of the entire city.
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
1981 session of the General Assembly of Georgia, a bill to amend an
Act re-creating and reincorporating the City of Woodstock, approved
April 17, 1975 (Ga. Laws 1975, p. 4160), so as to divide the city into
five wards for the purpose of electing members of the council; to
provide for staggered terms; to provide residency requirements; to
provide for the election of the mayor and members of the council by a
city-wide vote; to provide for other matters relative thereto; and for
other purposes.
This 14th day of January, 1981.
/s/ Wendell T. Anderson
Representative,
8th District
GEORGIA LAWS 1981 SESSION
4821
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wendell T. Anderson, Sr. who, on
oath, deposes and says that he/she is Representative from the 8th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Cherokee Tribune which
is the official organ of Cherokee County, on the following dates:
January 21,28, and February 4,1981.
/s/ Wendell T. Anderson, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY.
No. 723 (House Bill No. 1038).
AN ACT
To create the Downtown Statesboro Development Authority, as
authorized by an amendment to the Constitution, which appears at
Ga. Laws 1979, p. 1841; to provide for the membership of the
4822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority; to provide for a downtown development district; to provide
the powers and duties of the authority; to provide for revenue bonds
and obligations of the authority; to provide for all matters relative to
the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Creation. Pursuant to an amendment to the Consti-
tution, which amendment appears at Ga. Laws 1979, p. 1841, there is
hereby created in and for the City of Statesboro the Downtown
Statesboro Development Authority, hereinafter referred to as the
authority.
Section 2. Members, (a) The authority shall be composed of
nine members to be appointed and elected as hereinafter provided.
One member of the authority shall be appointed by the mayor and
city council of the City of Statesboro. Five members of the authority
shall represent the owners of real property and shall be known as Real
Property Owner Group. The remaining three members of the author-
ity shall represent the owners of business establishments whose
principal place of business is located in the downtown Stateboro
district and shall be the person or persons actually licensed and
operating a business in the district. These members shall be known as
the Business Owner Group. The appointment of the representative
for the City of Statesboro to the authority shall be mandatory. All
appointments to the authority shall be made within 90 days after this
Act becomes law. Each representative group shall caucus in accord-
ance with rules promulgated by the mayor and council of the City of
Statesboro with the Real Property Owner Group electing two mem-
bers for a one-year term and three members for two-year terms. The
Business Owner Group shall elect one member for a one-year term
and two members for two-year terms. Thereafter, all terms of office
of members of the authority shall be two years except the City of
Statesboro representative whose term shall be for one year or until
replaced by city council action. All action by the authority shall be by
a majority vote of the members of the authority. In the election of
members of the authority, including the Real Property Owner Group
or the Business Owner Group, one vote shall be given to each real
property owner or business owner.
(b) The caucus shall be held at such time and place as the mayor
of the City of Statesboro shall designate. The mayor shall give all
members 15 days written notice or notice in the official public organ
GEORGIA LAWS 1981 SESSION
4823
of Bulloch County prior to such caucus. After the initial appoint-
ments, terms of office for all members of the authority except the City
of Statesboro representative shall begin and terminate on March 1 of
the respective years.
(c) In the event that 33 1/3 percent of the total number of the
members of either group shall petition the authority, the authority
shall call a caucus of such group for the purpose of recalling any
member named to the authority by that group. At such a caucus, if a
majority of such group present votes to recall any such member of the
authority, such group shall elect a successor to such recalled member
to serve out the remainder of the term formerly occupied by the
recalled member. No petition for the recall of any single member of
the authority shall be filed within a 12-month period subsequent to
the filing of any previous referendum for the recall of such member.
(d) Naturally occurring vacancies brought about by resignation
or death shall be determined by a majority of the members of the
authority which will, upon such a determination of vacancy, appoint a
new member from the group in which the vacancy occurred. The
newly appointed member shall serve out the term of office formerly
occupied by the vacating member.
(e) All persons required to give notice of meeting and caucus
dates shall exercise reasonable care so that as nearly as practical all
persons entitled to notice of such meeting shall be appraised of such
times and places.
Section 3. District. There is hereby created within the City of
Statesboro the Downtown Statesboro Development Authority Dis-
trict which shall be composed of all that territory embraced with the
following description: All that tract or parcel of land lying and being
in the City of Statesboro, Georgia, and being more particularly
described as follows:
All that certain tract or parcel of land lying and being in the
1209th G. M. District of Bulloch County, Georgia and in the City of
Statesboro and being bound on the North by Highway 80, Northside
Drive from its intersection with College Street to its intersection with
Southern Railroad; running thence Southerly along said Railroad
right-of-way until its intersection with E. Main Street; running
thence down E. Main Street to Savannah Avenue and Savannah
Avenue with its intersection with South Mulberry Street; running
4824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
down South Mulberry Street to its intersection with Cherry Street;
running thence along Cherry Street to its intersection with S. Main
Street, Highway 301; running thence South down Highway 301 to its
intersection with Bulloch Street; continuing along Bulloch Street to
its intersection with S. College Street; and running thence North on S.
College Street to its intersection with Northside Drive, Highway 301,
and the point of beginning.
The above area encompassed shall also allow real property owners
within 200 feet of the outer boundary with property contiguous to the
district to become a part of the territory encompassed by the Down-
town Statesboro Development Authority District, provided such
businesses or property are not located more than 200 feet from the
outer boundary as described above.
Section 4. Annexation, (a) The authority may annex to the
downtown district, with unanimous consent of property owners
involved, any property which has a common boundary with the
downtown district. Such power to annex additional property may
only be exercised by the authority upon the approval of the mayor
and council of the City of Statesboro.
(b) The authority may, upon petition of 70 percent of the real
property owners located within a territory, annex that territory into
the downtown Statesboro district. Such power to annex may only be
exercised with the approval of the mayor and council of the City of
Statesboro.
Section 5. Powers. 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 the downtown
Statesboro 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 agreeing to make capital improve-
ments or capital acquisitions to real property for any commercial or
business enterprise or establishment within the downtown Statesboro
district, which in the judgment of the governing body of the authority
GEORGIA LAWS 1981 SESSION
4825
will be of benefit to the economic improvement and development of
said district or area;
(d) To grant, loan, and lease any of its funds and property to
private persons and corporations to refinance capital improvements,
renovations, or capital acquisitions which have already been made to
real property for any commercial or business enterprise or establish-
ment within the downtown Statesboro district, which in the judgment
of the governing body of the authority has been of benefit to the
economic improvement and development of said district or area;
(e) To borrow money and issue notes, obligation, 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 such
money so borrowed by the terms of the resolution authorizing such
financing and to enter into a trust indenture relative thereto;
(f) To appoint and employ officers, agents, and employees and
to provide for their compensation in order to effectuate the purposes
of this Act;
(g) To encourage and promote the economic development and
rehabilitation of the downtown Statesboro district and to make long-
range plans therefor in cooperation with the planned development of
the Downtown Statesboro Development Authority, City of States-
boro, and Bulloch County;
(h) To accumulate its funds from whatever sources from year to
year and to invest and reinvest such funds;
(i) To contract and designate its officers to sign and act for the
authority pertaining to the rights, powers, and privileges herein
conferred;
(j) 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;
(k) To adopt such bylaws governing the conduct of the affairs of
the authority and to elect such officers as the authority shall deem
necessary;
258
4826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(l) To exercise all of the powers vested in the authority of Article
IX, Section VII, Paragraph I of the Constitution, as amended, to
include the power to bring suit and all other necessary and ancillary
powers necessary to carry out the provisions of said paragraph as it
pertains to the Downtown Statesboro Development Authority; and
(m) The authority may exercise the power of eminent domain as
given to such authority by operation of law and as provided by the
Constitution, but only with the express prior consent and approval of
the mayor and council of the City of Statesboro.
Section 6. Bonds. The revenue bonds or obligations herein
authorized to be issued shall not be deemed to constitute a debt of the
City of Statesboro within the meaning of Article IX, Section VII,
Paragraph I of the Constitution nor place 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 7. Bonds. 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 used
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, shall mature at such time or times, not exceeding 30
years from their respective dates, shall bear interest at such rate or
rates, may be in such denominations, may carry such registration
privileges, may 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 issued by said authority are hereby declared to be tax
exempt for any and all purposes. Such bonds issued by said authority
may be validated in the Superior Court of Bulloch County in the same
manner as revenue bonds of municipalities are validated as provided
under the Revenue Bond Law (Ga. Laws 1937, p. 764), as amended.
GEORGIA LAWS 1981 SESSION
4827
Section 8. Credit not pledged and debt not created by bond.
Revenue bonds issued under the provisions hereof for the purpose of
improvement of facilities for lease to private owners shall not consti-
tute a debt or a pledge of the faith and credit of the State of Georgia,
the City of Statesboro, or Bulloch County, or of any other city,
county, or other political subdivision of the state, but such bonds shall
be payable from the rentals, revenues, earnings, and funds of the
authority as provided in the resolution or trust agreement or inden-
ture 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 any city, county, or political subdi-
vision thereof 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 any city or county
thereof, nor shall any such bond constitute a charge, lien, or encum-
brance, 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.
Section 9. Taxation. The authority shall not be authorized to
levy any taxes or impose any form of taxation.
Section 10. Repealer. All laws and parts of laws in conflict with
this Act are hereby repealed.
Notice.
Notice is hereby given that the Mayor and Council of the City of
Statesboro intends to apply for and seek passage of legislation at the
regular 1981 Session of the General Assembly of Georgia which would
create a public corporation to be known as Downtown Statesboro
Development Authority, pursuant to an amendment of the constitu-
tion of 1945, Article IX, Section VII, Paragraph 1; as contained in the
Acts of 1979, page 1841 and to provide for the powers, duties and
responsibilities of said Authority; to provide for the appointment of
members of said Authority, and their terms of office; to define and
create the Downtown Statesboro Area; to authorize Authority to issue
bonds and or revenue certificates; to authorize the Authority to
exercise the power of eminent domain; to provide for the levy and
collection of taxes in the Downtown Statesboro Area; to exempt
4828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
residence, church and school property from said tax levies; and for
other purposes.
This the 7th day of January, 1981.
Mayor and Council of
the City of Statesboro
By: J. Thurman Lanier
Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane who, on oath, deposes and
says that he/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 9,16,23,1981.
/s/ Bob Lane
Representative,
81st District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4829
FANNIN COUNTYCOMPENSATION OF JUDGE OF
PROBATE COURT, ETC.
No. 724 (House Bill No. 1044).
AN ACT
To amend an Act providing an annual salary for the Judge of the
Probate Court of Fannin County, approved March 5,1974 (Ga. Laws
1974, p. 2131), as amended by an Act approved April 17, 1975 (Ga.
Laws 1975, p. 4363), so as to change the provisions relating to the
compensation of said officer; to change the provisions relating to
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 providing an annual salary for the Judge of the
Probate Court of Fannin County, approved March 5,1974 (Ga. Laws
1974, p. 2131), as amended by an Act approved April 17, 1975 (Ga.
Laws 1975, p. 4363), 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 Judge of the Probate Court shall receive an
annual salary of $15,500.00. Such salary shall be paid in equal
monthly installments from the funds of Fannin County.
Section 2. Said Act is further amended by striking subsection
(b) of Section 4 in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
(b) In addition to operating expenses provided for by subsec-
tion (a) hereof, the Judge of the Probate Court of Fannin County shall
be authorized to appoint a full-time clerk. Subject to approval by the
governing authority of Fannin County, the Judge of the Probate
Court may fix the compensation of said clerk. Such compensation
shall be paid from county funds. All personnel employed by the
Judge of the Probate Court shall serve at his pleasure, and it shall be
within the sole power of the Judge of the Probate Court to prescribe
their duties and assignments.
4830 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.
Notice is hereby given that there will be introduced at the 1981
regular 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
Fannin County. Approved March 5,1974 (Ga. Laws 1974, p. 21-31)
and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell 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 Legisla-
tion was published in the Blue Ridge Summit-Post which is the
official organ of Fannin County, on the following dates: February 6,
13,20,1981.
/s/ Carlton Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 9th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4831
CAMDEN COUNTYSMALL CLAIMS COURT CREATED.
No. 725 (House Bill No. 1046).
AN ACT
To create and establish a Small Claims Court of Camden 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 that the judge of said court
shall be exempt from jury duty in the superior court and any other
court existing or that may be created and established in Camden
County; 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 and compensation; to provide for the service
of summons of said court; 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 the continuation of certain
processes, actions, suits, and cases; to provide for other matters
relative to the foregoing; to provide for legislative intent; to provide
for severability; to provide an effective date; to provide conditions for
an effective date; to repeal a specific Act; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small
Claims Court of Camden County. Said court shall have civil jurisdic-
tion 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
4832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hereafter established in Camden 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) Any person elected as a judge of the Small Claims
Court created by this Act must be a resident of the county in which
the court shall be located, at least twenty-two years of age, have
completed a high school education, and must be a person of outstand-
ing 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 Camden County.
Section 3. (a) 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 Supe-
rior Court of the county in which such Small Claims Court shall be
located or any judge of a State Court located in Camden 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 matters aforesaid, of the
judge unable to act.
(b) Any vacancy in the office of judge of the Small Claims Court
shall be filled by appointment by the Camden County governing
authority of a qualified person to serve for the remainder of the
unexpired term.
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-
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
GEORGIA LAWS 1981 SESSION
4833
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 Camden 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 $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) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon the failure of the defendant to appear, when
the claim of the plaintiff is for a liquidated amount.
4834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 proceed-
ing 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 $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.
(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, prac-
tice and procedure shall be liberally construed so as to administer
justice.
GEORGIA LAWS 1981 SESSION
4835
(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
periods, and upon such terms as shall seem just under the circum-
stances 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 in Camden 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
4836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Camden 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, regard-
less 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 rules of court, the
statement of claims 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 1981 SESSION
4837
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim, and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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 plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff (or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
Notary Public (or Attesting Official)
Notice.
TO:
Defendant
Home Address
or
Business Address
4838 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.
Judge-Clerk of the Small Claims Court
of_________________________County
(Seal).

Section 18. (a) The judge of the small claims court in Camden
County who is serving on the effective date of this Act shall serve until
the expiration of his current term and until his successor is elected
and qualified under subsection (b).
(b) Future judges of the Small Claims Court of Camden County
shall be elected at the general election and shall serve for a term of
office of four years and until their successors are elected and quali-
fied.
GEORGIA LAWS 1981 SESSION
4839
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 Board of County Commissioners.
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, and he shall also designate the time when each answer to a
summons of garnishment shall be filed. No garnishee may be
required to file his answer sooner than ten days after he is served with
summons, however. Whenever a garnishee shall fail to answer at the
time so stated in the summons served upon him, unless the court, in
its discretion, extends the time for filing, the judge may immediately
render judgment and issue an execution against the garnishee in favor
of the plaintiff for the amount previously adjudged to be due the
plaintiff by the original defendant, and also for costs in the garnish-
ment proceeding, but no judgment shall be rendered against a gar-
nishee 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, or it may be served
by registered or certified mail, provided such service by mail is
evidenced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit or to the writ of
attachment. It shall be prima facie evidence of service on the
garnishee if the sealed envelope in which said summons was mailed to
the garnishee by registered or certified mail is returned to the sender
by the United States postal authorities marked refused, giving the
date of refusal, and signed or initialed by a United States Postal
Service employee or United States mail carrier to whom refusal was
made. 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, or
on the back of a conformed copy of the original summons of garnish-
ment which was given to the garnishee, or such entry of service may be
made on a separate paper and attached to the said garnishment
affidavit or the writ of attachment, as the case may be.
4840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 $15.00, 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. All mesne and final processes and all actions, suits,
or cases which are pending in the small claims court in Camden
County as it exists on the effective date of this Act shall be continued
and shall be the same in the Small Claims Court of Camden County
which is created by this Act.
Section 25. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Camden County. It is the further
intent of the General Assembly that the court created by this Act
shall be a continuation of the heretofore existing small claims court in
Camden County as created by an Act approved April 3, 1972 (Ga.
Laws 1972, p. 3770), as amended, which court shall stand abolished by
action of the General Assembly effective July 1,1981.
Section 26. 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 uncon-
stitutional 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 27. This Act shall become effective July 1, 1981;
provided, however, that if an Act entitled An Act to repeal an Act
entitled An Act to create and establish a Small Claims Court in and
for certain counties; to prescribe the jurisdiction of said court; to
prescribe the pleading and practice in said court; to provide for the
GEORGIA LAWS 1981 SESSION
4841
appointment, duties, powers, compensation; qualifications, substitu-
tions and tenure of the office of the judge of said court; to provide that
the judge of said court shall be exempt from jury duty in the superior
court and any other court existing or that may be created and
established in said county; 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 and compensation; to
provide for the service of summons of said court; 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 the
furnishing of certain law books to said court; to provide for validating
the acts of said court and the proceedings therein; to provide for a
referendum; to provide for severability; to repeal conflicting laws;and
for other purposes., approved April 3,1972 (Ga. Laws 1972, p. 3770);
to provide an effective date; to provide conditions for an effective
date; to repeal conflicting laws; and for other purposes., does not
pass the 1981 session of the General Assembly and is not signed by the
Governor or does not become law without his signature, this Act shall
be null and void and shall stand repealed in its entirety.
Section 28. Senate Bill 353 of the 1981 Georgia General Assem-
bly, relating to creation of a Small Claims Court of Camden County, is
hereby repealed in its entirety.
Section 29. 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
1981 session of the General Assembly of Georgia a bill to create the
Small Claims Court of Camden County; to provide for other matters
relative thereto; and for other purposes.
This the 15th day of January, 1981.
4842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Bill Littlefield
Senator,
6th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Smith who, on oath, deposes
and says that he/she is Representative from the 152nd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Camden County Tribune which is
the official organ of Camden County, on the following dates: January
15,22,29,1981.
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 9th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
GEORGIA LAWS 1981 SESSION
4843
CITY OF SMYRNACORPORATE LIMITS.
No. 726 (House Bill No. 1056).
AN ACT
To amend an act creating a new charter for the City of Smyrna,
approved August 27,1931 (Ga. Laws 1931, p. 955), as amended, so as
to increase the corporate limits of the City of Smyrna; 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. An act creating a new charter for the City of Smyrna,
approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, is
hereby amended by adding a new section to said charter of the City of
Smyrna to be known and designated as Extension of 1981 (Section
4BB), which shall read as follows:
Extension of 1981 (Section 4BB). There shall be included in the
corporate limits of the City of Smyrna all of the area embraced within
the following described tracts and parcels of land:
All that tract or parcel of land lying and being in Land Lots 528
and 553 of the 17th District, 2nd Section, Cobb County, Georgia, and
being 12.96 acres, more or less, as shown and described on plat of
survey for Legend Enterprises, dated February 24, 1981, and being
more particularly described as follows:
BEGINNING at the common corner of Land Lots 527, 528, 553
and 554 running thence South 89 degrees 54 minutes 47 seconds East
along the North land lot line of Land Lot 553 a distance of 990.4 feet
to an iron pin; thence South 0 degrees 2 minutes 20 seconds West a
distance of 226.07 feet to an iron pin; thence North 45 degrees 00
minutes 53 seconds West a distance of 124.5 feet to an iron pin; thence
South 89 degrees 59 minutes 07 seconds West a distance of 166.57 feet
to an iron pin; thence South 44 degrees 59 minutes 07 seconds West a
distance of 121.92 feet to an iron pin; thence North 69 degrees 15
minutes 37 seconds West a distance of 84.01 feet to an iron pin; thence
South 21 degrees 24 minutes 15 seconds west a distance of 7.53 feet to
an iron pin; thence North 77 degrees 01 minutes 19 seconds West a
distance of 74.18 feet to an iron pin; thence South 12 degrees 15
4844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
minutes 56 seconds West a distance of 57.05 feet to an iron pin; thence
South 89 degrees 58 minutes 00 seconds West a distance of 82.32 feet
to an iron pin; thence South 00 degrees 00 minutes 53 seconds East a
distance of 154.99 feet to an iron pin; thence North 89 degrees 59
minutes 07 seconds East a distance of 70.0 feet to an iron pin; thence
South 00 degrees 00 minutes 53 seconds East a distance of 32.90 feet
to an iron pin; thence South 58 degrees 24 minutes 28 seconds West
following the curvature thereof a distance of 533.03 feet to an iron pin;
thence North 89 degrees 59 minutes 07 seconds West a distance of
31.17 feet to an iron pin; thence South 00 degrees 00 minutes 53
seconds East a distance of 43.88 feet to an iron pin; thence North 89
degrees 59 minutes 46 seconds West a distance of 40.00 feet to an iron
pin; thence North 80 degrees 39 minutes 24 seconds West a distance
of 214.50 feet to an iron pin; thence North 13 degrees 46 minutes 59
seconds West a distance of 80.01 feet to an iron pin; thence North 17
degrees 55 minutes 21 seconds West a distance of 228.26 feet to an
iron pin; thence South 72 degrees 07 minutes 05 seconds West a
distance of 137.28 feet to an iron pin; thence South 62 degrees 39
minutes 16 seconds West a distance of 91.20 feet to an iron pin; thence
North 17 degrees 52 minutes 44 seconds West along the easterly right-
of-way of King Springs Road a distance of 80.0 feet to an iron pin;
thence North 81 degrees 35 minutes 16 seconds East a distance of
91.20 feet to an iron pin; thence North 72 degrees 05 minutes 05
seconds East a distance of 137.30 feet to an iron pin; thence North 17
degrees 57 minutes 15 seconds West a distance of 173.59 feet to an
iron pin; thence North 17 degrees 50 minutes 50 seconds West a
distance of 197.63 feet to an iron pin located at the northerly land lot
line of Land Lot 528; thence South 89 degrees 39 minutes 08 seconds
East along the Northerly land lot line of Land Lot 528 a distance of
190.5 feet to an iron pin; thence South 89 degrees 26 minutes 04
seconds East a distance of 251.02 feet to an iron pin and the point of
BEGINNING.
Said parcel being a part of Ward 2 as provided by Georgia Law
1965, page 3023 as amended.
Section 2. In the event any section, subsection, sentence, clause
or phrase of this act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner make the other sec-
tions, subsections, sentences, clauses or phrases of this Act, which
shall remain in full force and effect as if the section, subsection,
sentence, clause or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
GEORGIA LAWS 1981 SESSION
4845
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 3. This Act shall become effective upon its approval by
the Governor or upon its becoming a law without his approval.
Section 4. All of the acts heretofore passed relating to the
incorporation of the City of Smyrna, including all amendatory Acts to
its charter and parts of said Acts not in conflict with this Act and all
powers belonging to said city, as now incorporated, and all rules,
ordinances and regulations of said town not in conflict with this Act
shall be and remain in full force and effect.
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
1981 session of the General Assembly of Georgia, a bill to amend the
charter of the City of Smyrna (Ga. L. 1931, p. 955) as heretofore
amended; and for other purposes.
This 9th day of Jan., 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Joe Mack Wilson
George W. Darden
Steve Thompson
4846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
and says that he/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 30,
February 6,13,1981.
/s/ Carl Harrison
Representative,
20th District
Sworn to and subscribed before me,
this 4th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
COLQUITT COUNTYSMALL CLAIMS COURT
CREATED.
No. 727 (House Bill No. 1067).
AN ACT
To create and establish a Small Claims Court of Colquitt County;
to provide for the appointment, duties, powers, compensation, quali-
GEORGIA LAWS 1981 SESSION
4847
fications, substitution and tenure of office of the judge of any such
Small Claims Court; prescribing the jurisdiction, the pleading, prac-
tice and service of processes therein; providing for a clerk and
prescribing his duties and remuneration; providing for paraphernalia
for such court; validating acts and proceedings therein; to provide for
one or more bailiffs of and for said small claims court; to standardize
and fix the monetary limits of jurisdiction of such court in conformity
with preexisting small claims courts of this State; to provide for the
procedure and practice in garnishments, in the issuing of executions
from said court, and in the trial of claim cases and illegalities
instituted by third parties; to fix, clarify and make certain the
provisions as to costs in certain cases; to enable the county commis-
sioners to provide adequate and suitable quarters, facilities and
accommodations for transacting the business of said court and to
provide such additional personnel as in their judgment such court
may require; to prescribe qualifications for the judge of said court; to
define powers, duties and compensation of the clerk and bailiffs of
said court; to enunciate duties and responsibilities of county sheriffs
in relation to said court; to elucidate conditions and circumstances
under which records of the court may be open to inspection by parties
at interest and under which information regarding litigation may be
given to or withheld from nonlitigants; to provide for a maximum
payment for expenses; to provide for the manner and conditions
under which appeals from judgments in such small claims court may
be taken and prosecuted; to provide for the continuation of certain
processes, actions, suits, and cases; to provide for other matters
relative to the foregoing; to provide for legislative intent; to provide
for severability; to provide an effective date; to provide conditions for
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 and established a Small
Claims Court of Colquitt County. Such court shall have civil jurisdic-
tion 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 Colquitt County; and such jurisdiction shall include
the power to issue writs of garnishment and attachment and to
foreclose chattel mortgages and other instruments passing or retain-
ing title to personalty for the purpose of securing debt and, in
addition to the powers herein specifically granted, also all the powers
4848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
granted to justices of the peace by the Constitution and laws of the
State of Georgia.
Section 2. (a) The judge of the small claims court in Colquitt
County who is serving on the effective date of this Act shall serve until
the expiration of his current term and until his successor is elected
and qualified under subsection (b).
(b) The judge of the Small Claims Court of Colquitt County
shall be elected at the general election and shall serve for a period of
four years and until his successor is elected and qualified. Any
vacancy in said office shall be filled by appointment by the Governor,
by and with the advice and consent of the Senate, for the unexpired
term.
(c) The judge of the small claims court shall possess the same
qualifications prescribed by law for the judges of the superior courts
of this state.
Section 3. Whenever the judge of the Small Claims Court shall
be unable, from absence, sickness, or other cause, to discharge any
duty appertaining to his office, the judge of the superior court of the
county or any judge of a city court located in said county, on
application of an interested party or of the 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 so unable to act.
Section 4. (a) Any duties herein prescribed to be performed by
the clerk of a small claims court may be performed by the judge
thereof, although the judge may appoint a person to act as clerk, said
clerk to be compensated, if at all, from the fees herein authorized.
(b) Any such clerk of such small claims court shall have author-
ity to administer oaths and take acknowledgements as effectually as
any notary public may do, and perform all ministerial duties as are
required by the judge of such court; and, with approval of the judge,
may prepare claims and form pleadings for litigants requesting such
assistance, and may accept compensation therefor.
(c) In the discretion of the judge and with his approval, the clerk
of such small claims court shall be authorized to sign and issue
GEORGIA LAWS 1981 SESSION
4849
process (and or notice) in all suits filed in said court and, also, to issue
summonses of garnishment in appropriate cases; but such clerks may
not issue criminal warrants.
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-
ant, in clear and 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. The judge or clerk may, at the request of
any individual, prepare the statement of claim and other papers
required to be filed in an action.
(b) A copy of the verified statement, 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
in the county by an officer or person authorized by law to serve
process in superior courts; or by a duly qualified small claims court
bailiff; or by registered or certified mail with a return receipt; or by
any private individual not a party to or otherwise interested in the
suit, especially appointed by the judge 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,
verification and 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 on the record the
date and hour of mailing. When a receipt therefor is returned, 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 above provided, he
small 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. 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.
4850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The plaintiff shall be entitled to judgment by default, with-
out further proof, upon failure of defendant to appear, when the claim
of the plaintiff is for a liquidated amount; when the amount is
unliquidated, plaintiff shall be required to present proof of his claim.
(g) Said notice shall specify the day and hour of the hearing,
which shall not be less than five nor more than fifteen 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.
(h) When service of process (or notice) in claim cases, or sum-
mons of garnishment in a garnishment action, is attempted by
registered or certified mail as herein provided and a defendant or a
garnishee refuses to accept delivery of same by or from a U.S. postal
employee or U.S. mail carrier, and the envelope with process or
summons is returned to the Court undelivered with notation by such
postal employee or mail carrier that acceptance or delivery of same
has been refused by the addressee, then the judge or the clerk of the
court shall file and preserve such returned envelope, with process or
summons contained therein, and it shall be prima facie evidence of
service upon the defendant or upon the garnishee, as the case may be.
Section 7. (a) A court docket shall be maintained in which shall
be succinctly indicated every proceeding and ruling in each case; and
a notation or memorandum of the fact, date and amount of a
judgment may be indicated on the docket without formal entry
thereof on original pleadings but, in case of an appeal, the judgment
shall be otherwise written out, dated and signed by the judge.
(b) The court docket and pleadings shall be open to inspection
by litigants in the case or their attorneys at all reasonable times so as
not to interfere with the orderly business of the court but, pending
final judgment and closing of a case, the judge may in his discretion
withhold from nonlitigants any and all information regarding matters
in process of litigation or settlement.
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
GEORGIA LAWS 1981 SESSION
4851
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 posses-
sory 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 specifi-
cally 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 9. (a) On the day set for the hearing, or such later time
as the judge may set, the trial shall be had. 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 the 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, and all rules and regulations relating to pleading,
practice and procedure shall be liberally construed so as to administer
justice.
(c) In cases of attachment, garnishment, and trover, the legal
grounds thereof shall be as now or hereafter provided by law, and the
pleading and practice in such cases shall be substantially the same as
obtained in courts of justices of the peace; and no formal declaration
in attachment shall be required.
(d) If the plaintiff fails to appear, the case may be dismissed for
want of prosecution, or defendant may proceed to a trial on the
merits, or the case may be continued as the judge may direct. If both
4852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
parties fail to appear, the judge may continue the case, or order the
same dismissed for want of prosecution, or make any other just and
proper disposition thereof, as justice may dictate.
Section 10. (a) 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 in his discretion 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.
(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 seven dollars and fifty
cents ($7.50) for every such claim case. The same practice and
procedure shall apply in cases of illegality 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 jury 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 in said proceeding.
Section 11. (a) When a judgment is to be rendered and the
party against whom it is to be rendered 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, and
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.
(b) The judge of such 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 1981 SESSION
4853
Section 12. The judge of the superior court of Colquitt 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,
from time to time, to ensure the proper administration of justice and
to accomplish the purposes hereof.
(b) The judge of such court shall have 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 to serve at the
pleasure of the judge and under his direction, and a person so
appointed shall be known and designated as Small Claims Court
Bailiff and have the powers and authority, and be subject to the
penalties, of all lawful constables of the State of Georgia, including
the power to serve any and all processes and writs issued from or by
said small claims court, with power, also to make levies and conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. All such bailiffs shall, within five days from their appointment
as such, take and subscribe the oath of office as prescribed in Section
24-804 and give the bond prescribed in Section 24-811 of the Code of
Georgia, and such bailiffs shall be subject to be ruled for failure of
duty or malfeasance in office as are other lawful constables of this
State.
(c) Such small claims court having no designated terms at stated
periods, but being always open for the transaction of business, the
judge thereof shall, in each instance, set dates for hearings and trials
in every kind of case and, also, designate the times when attachments
and executions are returnable and, also, designate the time when each
answer to a summons of garnishment shall be filed, but no garnishee
may be required to file his answer sooner than ten days nor on a date
later than ninety days after he is served with summons of garnish-
ment, it being here intended that the maximum time limit for
answering garnishments in the superior courts shall not apply to such
small claims court. Whenever a garnishee shall fail to answer at the
time so stated in the summons served upon him, unless the court in
its discretion extends the time for filing, the judge may forthwith
render judgment and issue an execution against the garnishee in favor
of the plaintiff for the amount previously adjudged to be due the
plaintiff by the original defendant, and also for costs in the garnish-
ment proceeding, but no judgment shall be rendered against a gar-
nishee before a final judgment shall have first been rendered against
the defendant. In cases of garnishment of the wages of a defendant
4854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
employee, and it appears to the judge that an undue hardship on the
defendant would result from deducting from his wages the full
amount authorized by law, the judge may, in his discretion, enter into
an agreement with the garnishee employer for deducting from such
wages a lesser amount than the law authorizes; and the judge may, in
his discretion, enter into agreements with employers for extending
the effectiveness of a garnishment beyond the time stated in the
summons of garnishment and fixing the amounts, times and method
of making remittances, provided such agreements do not infringe
upon the legal rights of other creditors.
(d) A summons of garnishment may be served by the sheriff or
his deputies, or by a lawful constable, or by a small claims court
bailiff; or it may be served by registered or certified mail, provided
such service by mail is evidenced by a properly signed return receipt,
which receipt shall be attached to the original garnishment affidavit,
or to the writ of attachment. Whenever served 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 or on the back of a conformed copy of the original summons of
garnishment which was given to the garnishee, or such entry of service
may be made on a separate paper and attached to the said garnish-
ment affidavit or the writ of attachment, as the case may be.
(e) The compensation of such small claims court bailiffs shall be
such as may be allowed by the judge of said court but shall not exceed
the compensation fixed by law for similar services performed by the
sheriffs of this State and their deputies.
Section 13. (a) Jury trials may be had upon demand of the
plaintiff at the time of the commencement of his suit or by the
defendant within five days after service of notice of suit by depositing
with the judge or his clerk such sum as the judge may fix as reasonable
to secure payment of cost incurred by reason of a jury trial. The judge
or clerk shall have the power to subpoena jurymen, and witnesses, and
to compel their attendance.
(b) Unless otherwise demanded, such juries shall consist of six
persons chosen from twelve veniremen, the plaintiff and defendant
having three strikes each.
(c) The judge of a small claims court shall have power to impose
fines of not more than ten dollars or imprison for not longer than
GEORGIA LAWS 1981 SESSION
4855
twenty-four hours any person guilty of a contempt of court, such fines
to be paid into the county treasury or depository for county purposes.
Section 14. Judgments of said Small Claims Court shall become
a lien on the real estate and personal property of a defendant, from
the time of the fding in the office of the clerk of the superior court of
said county, of an execution based upon such judgment and the entry
thereof by the clerk in the general execution docket for said county.
Section 15. Appeals may be had from judgments rendered in the
small claims court to the superior court of the county at any time
within four days (Sundays excluded) after the rendering of the
judgment complained of, and upon the payment within that time of
all accrued court costs, and upon the fding of an approved bond, with
good and sufficient security, to pay all future costs of court, as well as
to pay the eventual condemnation money, except that, in applicable
cases when so determined by the judge, appeals may be taken in
forma pauperis; but an appeal in forma pauperis shall not operate to
stay the issuance and/or enforcement of an execution.
Section 16. Until otherwise provided by rules of court, the
statement of claims, verification, and notice shall be in the following
or equivalent form, and shall be in lieu of any forms now employed
and of any form of summons and/or process now provided by law:
Small Claims Court
_____________County, Georgia
(County name)
__________ , Georgia
(County site)
Plaintiff
vs.
Defendant
Address
4856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Statement of Claim
(Here the plaintiff, or at his request the court will insert a statement
of the plaintiffs claim, and the original to be filed with the court may,
if action is on a contract, express or implied, 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 plain-
tiff, exclusive of all set-offs and just grounds of defense.
Plaintiff (or Agent)
Sworn and subscribed before me this
_____ day of________________, 19______
Notary Public
Notice.
To
Defendant
Home Address
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_____________day of_______, 19 ,
GEORGIA LAWS 1981 SESSION
4857
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.
JudgeClerk of the Small Claims Court
(Seal)
Section 17. (a) All acts performed by the judge or clerk and all
proceedings had before the Small Claims Court of Colquitt County
are hereby validated, and all judgments and executions therein or
therefrom shall run and be enforcible throughout this State.
(b) It shall be the duty and responsibility of the sheriff and his
deputies to execute all lawful process, warrants, attachments,
judgments and fi. fas. issued by or from such small claims court and
placed in their hands, and to make due return thereof as required by
law.
Section 18. (a) The said county commissioners shall provide
adequate and suitable quarters, facilities and accommodations for
transacting the business of such court, and they may provide such
additional personnel as in their judgment the court may from time to
time require.
259
4858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) All supplies and paraphernalia, forms, docket books, file
jackets, filing cabinets and the like, required by this Act in the proper
operation of a small claims court shall be furnished by the county
commissioners upon requisition of the judge of such court. Provided,
however, the operating expenses of said court shall not exceed $600.00
in any one calendar year.
Section 19. All mesne and final process and all actions, suits, or
cases which are pending in the small claims court in Colquitt County
as it exists on the effective date of this Act shall be continued and
shall be the same in the Small Claims Court of Colquitt County which
is created by this Act.
Section 20. It is the intent of the General Assembly of Georgia to
create a Small Claims Court of Colquitt County. It is the further
intent of the General Assembly that the court created by this Act
shall be a continuation of the heretofore existing small claims court in
Colquitt County as created by an Act approved April 5, 1961 (Ga.
Laws 1961, p. 2852), as amended, which court shall stand abolished by
action of the General Assembly effective July 1,1981.
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 uncon-
stitutional 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 July 1, 1981;
provided, however, that if an Act entitled An Act to repeal an Act
entitled An Act creating a Small Claims Court in each county in this
State having a population of not less than 33,300 and not more than
34,056 according to the U.S. Decennial Census of 1960 or any future
such census, and including the County of Colquitt; providing for the
appointment, duties, powers, compensation, qualifications, substitu-
tion and tenure of office of the judge of any such Small Claims Court;
prescribing the jurisdiction, the pleading, practice and service of
processes therein; providing for a clerk and prescribing his duties and
remuneration; providing for paraphernalia for such courts; validating
GEORGIA LAWS 1981 SESSION
4859
acts and proceedings therein; providing the effective date hereof; to
repeal conflicting laws; and for other germane purposes., approved
April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by an Act
approved March 6, 1962 (Ga. Laws 1962, p. 3195), an Act approved
March 15,1963 (Ga. Laws 1963, p. 2227), an Act approved March 31,
1965 (Ga. Laws 1965, p. 3076), an Act approved April 21, 1967 (Ga.
Laws 1967, p. 3309), and an Act approved March 26,1980 (Ga. Laws
1980, p. 4285); to provide an effective date; to provide conditions for
the effective date; to repeal conflicting laws; and for other purposes.
does not pass the 1981 session of the General Assembly and is not
signed by the Governor or does not become law without his signature,
this Act shall be null and void and shall stand repealed in its entirety.
Section 23. 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
1981 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Colquitt County; to provide for other matters
relative thereto; and for other purposes.
This the 14th day of February, 1981.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hugh D. Matthews who, on oath,
deposes ar.d says that he/she is Representative from the 145th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Weekly Moultrie
Observer which is the official organ of Colquitt County, on the
following dates: February 18,25, and March 4,1981.
4860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Hugh D. Matthews
Representative,
145th District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
TALBOT COUNTYSMALL CLAIMS COURT CREATED.
No. 728 (House Bill No. 1068).
AN ACT
To create and establish a Small Claims Court in and for Talbot
County; to prescribe the jurisdiction of said court; to prescribe the
pleading and practice in said court; to provide for the appointment,
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 constables 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 materi-
als; 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
GEORGIA LAWS 1981 SESSION
4861
therefor; to provide for validating the acts of said court and the
proceedings therein; to provide for fees and costs; 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. There is hereby created and established a Small
Claims Court in and for Talbot County. Said court 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 county. Said jurisdic-
tion 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) Any person appointed or elected as a judge of the
Small Claims Court created by this Act must be a resident of Talbot
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 Probate
Court of Talbot County or any justice of the peace 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.
4862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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-
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, as is provided by law in the superior courts, 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 constable 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, shall be included in 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 forty-five
days from the date of the service of said notice. All hearings shall be
set for such regular location as the judge shall set by rule and at such
regular day and time each month as the judge shall set by rule.
GEORGIA LAWS 1981 SESSION
4863
Section 7. A docket shall be maintained in which every proceed-
ing and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
the sum of $20.00 with the court along with the sum of $7.50 for each
additional defendant named in the claim, which shall cover all costs 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 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
losing 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. 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.
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
4864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 circum-
stances 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, accounting, and time costs incurred
thereby.
Section 13. The judge of the Superior Court of Talbot 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 constables of and for said Small Claims
Court to act within and throughout the limits of the county. Such
constables 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 Constable 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
constables shall also have the power to make levies, conduct judicial
GEORGIA LAWS 1981 SESSION
4865
sales, and account therefor, in the manner of lawful constables.
Within five days following their appointment, all such constables
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
constables 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 constables 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, regard-
less 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 Talbot County
_____________________________ Georgia
Plaintiff
Address
vs.
Defendant
4866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs 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.
Plaintiff (or Agent)
Sworn and subscribed before me this________day of
19
Notary
Public (or
TO:
Attesting Official)
Notice.
Defendant
Home Address
or
Business Address
GEORGIA LAWS 1981 SESSION
4867
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.
Judge-Clerk of the Small Claims Court of Talbot County (Seal).
Section 18. (a) On or before the effective date of this Act the
Governor shall appoint a duly qualified person to serve as the judge of
said court for a term of office until his successor is duly elected and
qualified.
(b) At the 1982 general election, and at each election quadrenni-
ally thereafter, a judge of said court shall be elected in the manner
prescribed by law for county officers; and the term of office of said
judge shall begin on the first day of January following his election and
expire on the first day of January four years thereafter.
(c) All vacancies in the office of judge shall be filled by appoint-
ment of a successor by the Governor, 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, shall be furnished by the Board of County Commissioners.
4868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
They shall also provide a suitable room in the courthouse for the
holding of said court.
Section 20. Said Small Claims Court shall have a regular
monthly time and date, designated by the judge by rule, for which
hearings shall be set. The judge 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
constable, 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 constable or sheriff for the execution
of a fi. fa. shall be $15.00, plus a reasonable amount for all necessary
costs incurred in the levy and sale of the property, which shall 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 amount of $15.00.
Section 24. The fees to be provided the judge of the Small
Claims Court, unless specifically provided otherwise in this Act, shall
be the same as now or hereafter provided for justices of the peace by
the general law of this State.
GEORGIA LAWS 1981 SESSION
4869
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,
which shall remain of full force and effect, as if the section, subsec-
tion, 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
1981 session of the General Assembly of Georgia, a bill to create a
Small Claims Court of Talbot County; and for other purposes.
This 17th day of February, 1981.
Claude A. Bray, Jr.
Representative,
70th District
Talbot County Commissioners
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
4870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Talbot County, on the following dates: February 19,
26, and March 5,1981.
/s/ Claude A. Bray, Jr.
Representative,
70th District
Sworn to and subscribed before me,
this 10th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
BRANTLEY COUNTYCOMPENSATION OF BOARD
OF EDUCATION.
No. 729 (House Bill No. 1076).
AN ACT
To amend an Act providing for the election of members of the
Board of Education of Brantley County and the Brantley County
superintendent of schools, approved April 17,1975 (Ga. Laws 1975, p.
3937), so as to increase the compensation of the members of the board
of education; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
4871
Section 1. An Act providing for the election of members of the
Board of Education of Brantley County and the Brantley County
superintendent of schools, approved April 17,1975 (Ga. Laws 1975, p.
3937), is hereby amended by striking from subsection (b) of Section 4
the following figure:
$50.00,
and inserting in lieu thereof the following figure:
$100.00,
so that when so amended, subsection (b) of Section 4 shall read as
follows:
(b) The chairman and the other members of the board shall be
compensated in the amount of $100.00 per month.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
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 of intention to introduce in the 1981 session
legislation to increase salaries of school board members of Brantley
County and for other purposes.
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 Intro-
duce Local Legislation was published in the Brantley Enterprise
which is the official organ of Brantley County, on the following dates:
February 12,19,26,1981.
4872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ James C. Moore
Representative,
152nd District
Sworn to and subscribed before me,
this 3rd day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
MACON-BIBB COUNTY URBAN DEVELOPMENT
AUTHORITYBONDS.
No. 730 (House Bill No. 1078).
AN ACT
To amend an Act creating the Macon-Bibb County Urban Devel-
opment Authority, approved March 22, 1974 (Ga. Laws 1974, p.
3093), as amended, so as to provide that revenue bonds issued by the
Authority shall bear interest at the rate or rates and shall mature in
the years and amounts as may be determined by the Authority; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Macon-Bibb County Urban
Development Authority, approved March 22,1974 (Ga. Laws 1974, p.
3093), as amended, is hereby amended by striking subsection (1) of
Section 5 of said Act in its entirety and substituting in lieu thereof the
following:
GEORGIA LAWS 1981 SESSION
4873
(1) To issue revenue bonds 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. Such revenue bonds shall
bear interest at the rate or rates and shall mature in the years and
amounts as may be determined by the Authority and shall otherwise
be issued and validated under and in accordance with the applicable
provisions of the Revenue Bond Law of the State of Georgia as
heretofore or hereafter amended. As security for the payment of any
revenue bonds so authorized, any property, real or personal, of an
Authority may be pledged, mortgaged, conveyed, assigned, hypothe-
cated or otherwise encumbered and any such Authority may execute
any trust agreement or indenture containing any provisions not in
conflict with law for the security of such bonds, which trust agree-
ment or indenture may provide for foreclosure or forced sale of any
property of the Authority upon default of such bonds either in
payment of principal or interest or upon default in the performance of
any term or condition contained in such agreement or indenture. The
State of Georgia, in behalf of the State and each county, municipal
corporation, political subdivision and 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 encum-
bered and any such mortgage or encumbrance may be foreclosed in
accordance with law and the terms thereof;.
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.
Pursuant to provisions of Article III, Section VII, Paragraph IX of
the Constitution of the State of Georgia of 1976 (Ga. Code Ann.
Section 2-1309), notice is hereby given that application will be made
to the 1981 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 at the 1974 Session thereof (Ga. L. 74, page
3093, et. seq.) and amendments to the Constitution of the State of
4874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia (Ga. L. 1974, page 1754, et. seq., Ga. L. 1976, page 1827, et
seq., and Ga. L. 1980, page 2128, et seq.), all pertaining to the
creation, powers and duties of the Macon-Bibb County Urban Devel-
opment Authority.
The purpose of said amendatory Act shall be to amend Subsection
(1) of Section 5 of the aforesaid Act of the General Assembly to read
substantially as follows:
(1) To issue revenue bonds 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. Such revenue bonds shall
bear interest at the rate or rates and shall mature in the years and
amounts as may be determined by the Authority and shall otherwise
be issued and validated under and in accordance with the applicable
provisions of the Revenue Bond Law of the State of Georgia (Chapter
87-8, Annotated Code of Georgia) as heretofore or hereafter amended.
As security for the payment of any revenue bonds so authorized, any
property, real or personal, of an Authority may be pledged, mort-
gaged, conveyed, assigned, hypothecated or otherwise encumbered
and any such Authority may execute any trust agreement or inden-
ture containing any provisions not in conflict with law for the security
of such bonds, which trust agreement or indenture may provide for
foreclosure of forced sale of any property of the Authority upon
default on such bonds either in payment of principal or interest or
upon default in the performance of any term or condition contained
in any such agreement or indenture. The State of Georgia, in behalf
of the State and each county, and municipal corporation, political
subdivision and 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;
This 18th day of February, 1981.
Carl E. Lancaster, Jr.
Attorney for Macon-Bibb
County Urban Development
Authority
Sell and Melton, Attys.
GEORGIA LAWS 1981 SESSION
4875
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Frank C. 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 Intro-
duce Local Legislation was published in the Macon News which is the
official organ of Bibb County, on the following dates: February 20, 27
and March 6,1981.
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 11th day of March, 81.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 9,1981.
GRIFFIN-SPALDING COUNTY DEVELOPMENT
AUTHORITY ACT AMENDED.
No. 731 (House Bill No. 1085).
AN ACT
To further define, prescribe and enlarge the powers and duties of
the Griffin-Spalding County Development Authority and further to
4876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
regulate the management and conduct thereof, said Authority having
been created pursuant to an Amendment to the Constitution of
Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was
ratified at the general election held on November 6, 1962, and
continued in effect in the Constitution of Georgia of 1976 by virtue of
Article XIII, Section I, Paragraph II thereof and having been previ-
ously amended by Act No. 1134, Ga. Laws 1978, p. 4151; to provide
that among the projects which the Authority may undertake in
pursuance of its purpose shall be certain sewage disposal facilities or
solid waste disposal facilities, certain peak shave facilities, certain air
transportation facilities, certain community antenna television sys-
tems facilities, certain sports facilities, certain convention or trade
show facilities, and related improvements, certain industrial parks,
certain office building facilities to further the development of trade,
commerce, industry or employment opportunities, certain skilled
nursing homes or intermediate care home facilities, and certain costs
incidental to all or any of the foregoing; to provide that projects in
progress on the effective date of this Act may be completed here-
under; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to authority granted in Paragraph N of that
Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962 p.
945) (the amendment) which was ratified at the general election held
on November 6, 1962 and continued in effect in the Constitution of
Georgia of 1976 by virtue of Article XIII Section I Paragraph II
thereof, as the same was amended by Act No. 1134 Ga. Laws 1978,
page 4151, the powers of the Griffin-Spalding County Development
Authority are further defined, prescribed, and enlarged by striking
Subparagraph 5 of Paragraph D which reads as follows:
D. . . (5) To encourage and promote the expansion and
development of industrial and commercial facilities in Spalding
County and the City of Griffin so as to relieve insofar as possible
unemployment within the county, and to that end to acquire by
purchase or gift any building or structure within the limits of
Spalding County, to be used in the production, manufacturing,
processing, assembling, storing, or handling of any agricultural, man-
ufactured, 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
GEORGIA LAWS 1981 SESSION
4877
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, caus-
eways, terminals for railroad, automotive and air transportation, and
transportation facilities incidental to the project, none of which
foregoing descriptive words shall be construed to constitute a limita-
tion, but none of the improvements described in this sentence shall be
the primary purpose of any project. Such acquisition may be through
the acquisition of land and the construction thereon of a building,
including the demolition of existing structures, or through the acqui-
sition of an existing building and the remodeling, renovating, recon-
structing, furnishing and equipping of such building. Also included in
the projects which the Authority may undertake in pursuance of its
purpose shall be the acquisition, construction, improvement or modi-
fication 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 industrial or commercial facilities
which the same is to serve and is necessary for the public welfare. For
purposes hereof, the term air pollution control facility shall mean
any property used primarily to abate or control atmospheric pollution
or contamination by removing, containing, altering, disposing or
storing of atmospheric pollutants or contaminants if such facility is in
furtherance of federal, State or local standards for control of atmos-
pheric pollution or contaminants. For the purpose hereof, the term
water pollution control facility shall mean any property used pri-
marily to control water pollution by removing, storing, altering or
disposing of pollutants, contaminants, wastes or heat, including the
necessary intercepting sewers, outfall sewers, pumping, power and
other equipment, holding ponds, lagoons and their appurtenances, if
such facility is in the furtherance of federal, State or local standards
for the control of water pollution.
in its entirety and by substituting therefor a new Subparagraph 5 of
Paragraph D to read as follows:
D. . . (5) (a) Among the projects which the Authority may
undertake shall be to encourage and promote the expansion and
development of industrial and commercial facilities in Spalding
County and the City of Griffin so as to relieve insofar as possible
unemployment within the county, and to that end to acquire by
purchase or gift any building or structure within the limits of
4878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Spalding County, to be used in the production, manufacturing,
processing, assembling, storing, or handling of any agricultural, man-
ufactured, 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, caus-
eways, terminals for railroad, automotive and air transportation, and
transportation facilities incidental to the project, none of which
foregoing descriptive words shall be construed to constitute a limita-
tion, but none of the improvements described in this sentence shall be
the primary purpose of any project. Such acquisition may be through
the acquisition of land and the construction thereon of a building,
including the demolition of existing structures, or through the acqui-
sition of an existing building and the remodeling, renovating, recon-
structing, furnishing and equipping of such building. Also included in
the projects which the Authority may undertake in pursuance of its
purpose shall be the acquisition, construction, improvement or modi-
fication 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 industrial or commercial facilities
which the same is to serve and is necessary for the public welfare. For
purposes hereof, the term air pollution control facility shall mean
any property used primarily to abate or control atmospheric pollution
or contamination by removing, containing, altering, disposing or
storing of atmospheric pollutants or contaminants if such facility is in
furtherance of federal, State or local standards for control of atmos-
pheric pollution or contaminants. For the purpose hereof, the term
water pollution control facility shall mean any property used pri-
marily to control water pollution by removing, storing, altering or
disposing of pollutants, contaminants, wastes or heat, including the
necessary intercepting sewers, outfall sewers, pumping, power and
other equipment, holding ponds, lagoons and their appurtenances, if
such facility is in the furtherance of federal, State or local standards
for the control of water pollution.
(b) Among the projects which the Authority may undertake
shall be the power to acquire, construct, improve or modify any
property, real or personal, used as, or in connection with, a sewage
GEORGIA LAWS 1981 SESSION
4879
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 is to serve and is 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, includ-
ing 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 pollut-
ants 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 carcasses,
and recognizable industrial by-products, but excluding sewage and
human wastes; and the word refuse shall include all nonputrescible
wastes.
(c) Among the projects which the Authority may undertake shall
be the power to acquire, construct, improve or modify any property,
real or person 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 under-
stood to describe a storage facility for the purpose of avoiding
undesirable consequences in the distribution system during peak
periods of consumption.
(d) Among the projects which the Authority may undertake
shall be the power to acquire, construct, lease, improve or modify any
facilities and any property, real or personal or both, useful or neces-
sary in the transportation of persons or property by air. Such project
shall not include the creation of airports or airport terminal facilities
or improvements thereon except as incidentally related to the fur-
nishing of transportation of persons or property by air, as herein
provided. Otherwise such projects may include, but shall not be
limited to, aircraft, aircraft maintenance and reconditioning equip-
4880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment, aircraft communications equipment and facilities for the main-
tenance and repair of such equipment, ground support equipment
and facilities used by aircraft, any necessary or useful real or personal
property or rights to such property, all licenses, storage facilities
including storage and distribution facilities for fuel, and including the
acquisition, modernizing or expansion of existing facilities or systems
for the transportation of persons or property by air all as determined
by the Authority, which determination shall be final and not subject
to review. Such projects for the transportation of persons or property
by air are authorized to assist State and local governments to secure
adequate systems of transportation of passengers for hire as autho-
rized by law and for the development of trade, commerce, industry
and employment opportunities as provided in Article IX, Section
VIII, Paragraph II of the Constitution of Georgia of 1976. Such
projects for the transportation of persons or property by air may be
undertaken to the same extent and on the same conditions as other-
wise provided in this Act for other facilities except that such projects
may be authorized only for air transportation systems which are not
eligible to receive subsidies from the Federal Government at the time
the project is undertaken and only where the corporate headquarters,
the general maintenance, repair, support and communication facili-
ties, the general reservations, scheduling and dispatch facilities, and
the personal residence of the majority of the employees are all located
within the geographic jurisdiction of the Authority, and only if the
aircraft are routinely dispatched from and returned to the geographic
jurisdiction of the Authority; provided that the operation of flight
equipment and incidental ground support facilities and equipment
and the location of employees of such a project outside of the
geographic jurisdiction of the Authority shall not be prohibited
provided the conditions specified hereinabove are met. Provided that
neither the City of Griffin, the County of Spalding nor this Authority
may ever operate any such facility and the same must be acquired and
operated by a private company or individual who shall guarantee the
repayment for all operating expenses and losses and who shall be
taxable as any other private undertaking would be.
(e) Among the projects which the Authority may undertake shall
be the power to acquire, construct, design, engineer, improve, lease,
maintain, modify, rebuild and repair any facilities and any property
utilized in connection with a community antenna television system,
or any combination of the foregoing, including all necessary or useful
land or rights in land and all necessary or useful furnishings, machin-
ery, vehicles, equipment and parking facilities, all as determined by
GEORGIA LAWS 1981 SESSION
4881
the Authority, which determination shall be final and not subject to
review. Such projects are authorized to promote the expansion and
development of the cable communications industry and to enhance
employment opportunities throughout Spalding County and to
encourage local origination programming by community antenna
television systems on one or more channels to include, but not be
limited to, public access, government and education programs.
(f) Among the projects which the Authority may undertake shall
be the power to acquire, construct, improve or modify any property,
real or personal, which shall be suitable for, used as, or in connection
with:
(A) sports facilities, including private training and related
office and other facilities when authorized by the governing
authority of the political subdivision or municipality in which the
facility is to be constructed and maintained;
(B) convention or trade show facilities;
(C) airports, docks, wharves, mass commuting facilities,
parking facilities, or storage or training facilities directly related
to any of the foregoing;
(D) facilities for the local furnishing of electric energy or
gas;
(E) facilities for the furnishing of water, if available on
reasonable demand to members of the general public; and
(F) facilities for lodging and for providing meals, provided
that such facilities are acquired, constructed, improved or modi-
fied in connection with and adjacent to sports facilities acquired,
constructed, improved or modified pursuant to Subparagraph (A)
above or convention or trade show facilities acquired, constructed,
improved or modified pursuant to Subparagraph (B) above.
(g) Among the projects which the Authority may undertake shall
be the power to acquire or develop 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 of the site as an industrial park but, except
4882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with respect to such facilities, does not include the provision of
structures or buildings, 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 hereunder.
(h) Among the projects which the Authority may undertake
shall be the power to acquire, construct, lease, or finance (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 Spalding
County and which will be adjacent to or used in conjunction with any
other existing or proposed project now or hereafter defined in this
subsection (e) (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 Spalding
County. No such office building facility as herein defined shall be
undertaken by the Authority unless the Authority shall have deter-
mined that the business enterprise to use such facility will be the
primary tenant.
(i) Among the projects which the Authority may undertake shall
be the power to use any one or more buildings or structures for the
purpose of skilled nursing home or intermediate care home facilities
subject to regulation and licensure by the Department of Human
Resources and all necessary, convenient or related interests in land,
machinery, apparatus, appliances, equipment, furnishings, appurte-
nances, site preparation, landscaping and physical amenities.
(j) Among the projects which the Authority may undertake shall
be the cost of project which shall include: all costs of construction,
purchase or other form of acquisition; all costs of real or personal
property required for the purposes 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 applica-
tions therefor; all machinery, equipment, initial fuel and other sup-
plies required for such project; financing charges, interest prior to and
during construction and during such additional period as the Author-
ity may reasonably determine to be necessary for the placing of such
GEORGIA LAWS 1981 SESSION
4883
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 neces-
sary 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 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 Authoritys 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 operation 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 this Act.
Section 2. Any project commenced prior to the effective date of
this Act may be completed by the Authority hereunder, and Author-
ity members appointed pursuant to this Act shall have full power and
authority to take all actions necessary or appropriate to complete all
previously commenced projects according to their terms according to
the constitutional Amendment creating the Griffin-Spalding County
Development Authority as originally ratified or as now amended;
nevertheless, all projects commenced after the effective date of this
Act shall be in accordance with the constitutional Amendment creat-
ing the Griffin-Spalding County Development Authority.
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.
4884 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
1981 session of the General Assembly of Georgia, an Act further to
define, prescribe and enlarge the powers and duties of the Griffin-
Spalding County Development Authority, said Authority having been
created pursuant to an Amendment to the Constitution of Georgia of
1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the
general election held on November 6,1962, and continued in effect in
the Constitution of Georgia of 1976 by virtue of Article XIII, Section
I, Paragraph II thereof and having been previously amended by Act
No. 1134, Ga. Laws 1978, p. 4151; to provide that among the projects
which the Authority may undertake in pursuance of its purpose shall
be certain sewage disposal facilities or solid waste disposal facilities,
certain peak shave facilities, certain air transportation facilities,
certain community antenna television systems facilities, certain
sports facilities, certain convention or trade show facilities and
related improvements, certain industrial parks, certain office build-
ing facilities to further the development of trade, commerce, industry
or employment opportunities, certain skilled nursing homes or inter-
mediate care home facilities, and certain costs incidential to all or any
of the foregoing; to provide that projects in progress on the effective
date of this act may be for other purposes.
This 15th day of January, 1981.
Carl Cartledge, chairman
Griffin-Spalding County
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: February
24, March 3,10,1981.
GEORGIA LAWS 1981 SESSION
4885
/s/ Jim Fortune
Representative,
71st District
Sworn to and subscribed before me,
this 16th day of March 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 9,1981.
MUSCOGEE COUNTY SCHOOL DISTRICT-
MEMBERS, ETC.
No. 746 (House Bill No. 772).
AN ACT
To amend an Act creating the Muscogee County School District,
approved February 25, 1949 (Ga. Laws 1949, p. 1086), as amended,
particularly by an Act approved December 12,1953 (Ga. Laws 1953,
Nov.-Dee. Sess., p. 2373) and by an Act approved March 30,1971 (Ga.
Laws 1971, p. 2452), so as to provide for a new method of selection of
members of the Muscogee County Board of Education; to change the
terms of office of members in connection 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. An Act creating the Muscogee County School District,
approved February 25, 1949 (Ga. Laws 1949, p. 1086), as amended,
4886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
particularly by an Act approved December 12,1953 (Ga. Laws 1953,
Nov.-Dee. Sess., p. 2373) and by an Act approved March 30,1971 (Ga.
Laws 1971, p. 2452), is hereby amended by striking Section 5 in its
entirety and substituting in lieu thereof a new Section 5 to read as
follows:
Section 5. (a) The administration of said School District shall be
vested in a board to be known as the Muscogee County Board of
Education, hereinafter known as the Board of Education. The
Board of Education shall consist of members who at the time of their
appointment shall be 21 years of age and bona fide residents of
Columbus, Georgia, for at least 24 months. The members of said
Board of Education shall be appointed by the grand juries of
Muscogee County. The grand juries shall solicit recommendations
from the citizens of Muscogee County regarding nominees for said
Board of Education. At least 30 days prior to a grand jurys making
an appointment of a member of said Board of Education, such grand
jury shall cause an advertisement to appear at least once in a
newspaper of general circulation within Muscogee County. Such
advertisement shall state that the grand jury is considering nomina-
tions for membership on the Muscogee County Board of Education
and that citizens may write to the grand jury to recommend names for
consideration by the grand jury for such membership on said Board of
Education. Said advertisement shall include a mailing address for the
grand jury and such other information, including residency require-
ments that may be applicable to prospective nominees, as the grand
jury determines to be appropriate. Said advertisement shall also state
the date, time, and place that the grand jury shall meet for the
purpose of considering nominations to said Board of Education. Only
during the time that the grand jury is meeting for such purpose, such
meeting shall be open to the public, but citizens shall not have the
right to address the grand jury at any such meeting except on the
invitation of the grand jury. The vote on final selection shall be by
secret ballot. The cost of advertisements required herein shall be
paid by the Muscogee County Board of Education. No member of
said Board shall be eligible for reappointment after such member has
served two consecutive full terms of five years each on said Board
until such member is off the Board for one year or more, when such
member shall again be eligible for reappointment.
(b) The Board shall be composed of 15 members, and the grand
jury shall appoint three members from each of the four council
districts in Columbus, Georgia, and three members from the
GEORGIA LAWS 1981 SESSION
4887
Muscogee County school district at large. The members appointed
from council districts shall be bona fide residents of the respective
council districts at the time of their appointment and during their
terms of office. If a member from a council district ceases to be a
resident of such district during a term of office, a vacancy shall
thereby be created in such members position on the Board. Members
of the Board shall be appointed by the grand jury meeting in May of
each year or at the next meeting of the grand jury thereafter.
Members of the Board shall take office on the first Monday in
January following their appointment. The Board shall be constituted,
as required herein, effective on the first Monday in January, 1982,
and thereafter.
(c) The initial membership of the Board as provided by subsec-
tion (b) shall be established as follows:
(1) During 1981, the grand jury shall appoint the three
members from council district 1 to take office on the first Monday
in January, 1982, for terms as follows: one member shall be
appointed for a term of five years, one member for a term of four
years, and one member for a term of three years;
(2) The initial members from council district 2 shall be the
three incumbent members of the Board who reside within council
district 2, and such members shall serve until the expiration of the
terms to which they were appointed;
(3) The initial members from council district 3 shall be the
incumbent member of the Board who resides within council
district 3 and whose term of office expires on the first Monday in
January, 1983, and the two incumbent members of the Board who
reside within council district 3 and whose terms of office expire on
the first Monday in January, 1984, and all three such members
shall serve until the expiration of the terms to which they were
appointed.
(4) One of the initial members from council district 4 shall
be appointed by the grand jury during 1981, and the member so
appointed shall take office on the first Monday in January, 1982,
for a term of five years. The remaining initial members from
council district 4 shall be the two incumbent members of the
Board who reside within council district 4, and such members
shall serve until the expiration of the terms to which they were
appointed;
4888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) During 1981, the grand jury shall appoint the three
initial at-large members. All three such members shall be
appointed by the grand jury from the incumbent membership of
the Board who reside within council district 3 but who were not
constituted council district 3 members under paragraph (3) of this
subsection. For the purpose of allowing the grand jury to make the
appointments from such incumbent membership, the terms to
which such incumbent members were appointed are hereby short-
ened to expire on the first Monday in January, 1982. One of such
members shall be appointed for a term of five years, one for a term
of four years, and one for a term of three years. All such members
shall take office on the first Monday in January, 1982.
(d) Successors to the membership of the Board as constituted
under subsection (c) of this Section and future successors shall be
appointed by the grand jury during the year immediately preceding
the expiration of the respective terms of office, and the members so
appointed shall take office on the first Monday in January following
their appointment for terms of five years. All members shall serve
until their successors are appointed and qualified. The terms of all
members shall expire on the first Monday in January upon the
completion of the terms to which appointed. In appointing successors
to the initial at-large members provided for in paragraph (5) of
subsection (c), the grand jury shall make such appointments so that
no two members shall be residents of the same council district.
(e) All members of the Board shall serve without compensation.
No person shall be qualified to serve as a member of said Board of
Education while holding any kind of public office for which compen-
sation is paid, except the office of notary public. Absence by a
member of said Board for three consecutive meetings shall be held to
be a resignation from the Board, but such absence may be excused by
resolution adopted by a majority of the Board.
(f) All vacancies on said Board of Education, whether from
death, resignation, disqualification or otherwise, shall be filled by
appointments by any grand jury for the unexpired terms.
(g) Each member of the Board of Education upon assuming
office shall take an oath faithfully to perform the duties of his office.
(h) The said Board of Education shall hold regular monthly
meetings, except during June, July, and August of each year, on a date
GEORGIA LAWS 1981 SESSION
4889
fixed by said Board. The said Board may hold special meetings upon
two days written notice to its members. At all meetings a majority of
the entire membership of said Board shall constitute a quorum for the
transaction of business.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intention to Apply for Local Legislation.
Columbus, Georgia.
Notice is hereby given that application will be made at the session
of the General Assembly of Georgia convening in January, 1981, for
the passage of a Bill to be entitled An Act to amend an Act creating
the Muscogee County School District, approved February 25, 1949
(Ga. Laws 1949,1086), as amended, particularly by an Act approved
December 12,1953 (Ga. Laws 1953, Nov.-Dee. Sess., p. 2373) and by
an Act approved March 30, 1971 (Ga. Laws 1971, p. 2452), so as to
provide for a new method of selection of members of the Muscogee
County Board of Education.
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 Publisher of The Columbus Ledger,
the newspaper published in Columbus, Muscogee County, Georgia, in
which the sheriffs 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, to-wit: January
2,1981, January 9,1981, and January 16,1981.
/s/ Glenn Vaughan, Jr.
4890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this the 16 day of January, 1981.
/s/ Hazel R. Jones
Notary Public, Muscogee County,
Georgia.
(Seal).
Approved April 13, 1981.
J. EBB DUNCAN MEMORIAL PARKWAY DESIGNATED.
No. 7 (Senate Resolution No. 20).
A RESOLUTION
Designating the J. Ebb Duncan Memorial Parkway; and for other
purposes.
WHEREAS, Honorable J. Ebb Duncan was one of the most
outstanding and distinguished citizens of the State of Georgia; and
WHEREAS, J. Ebb Duncan was a dedicated and honorable
politician, statesman, and humanitarian who served the citizens of
Georgia for over 30 years; and
WHEREAS, J. Ebb Duncan was a member of the Georgia House
of Representatives for 15 years, was a Georgia Senator for eight years,
and generously gave of his time and effort to numerous and varied
civic activities and organizations; and
WHEREAS, J. Ebb Duncan was loved by all who knew him and
his presence will be missed by all those whom he served so well for so
many years.
GEORGIA LAWS 1981 SESSION
4891
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the portion of State Route 166
which lies in Douglas and Carroll counties is hereby designated the J.
Ebb Duncan Memorial Parkway.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is hereby authorized to place appropriate signs on the
highway hereinabove described designating it as the J. Ebb Duncan
Memorial Parkway.
Approved April 14,1981.
COMPENSATION TO A. V. ARNOLD.
No. 25 (House Resolution No. 13).
A RESOLUTION
Compensating Mr. A. V. Arnold; and for other purposes.
WHEREAS, Mr. A. V. Arnold of Americus, Georgia, raises cattle;
and
WHEREAS, on February 12, 1977, employees of the Georgia
Forestry Commission, while fighting a forest fire, knocked down a
fence on Mr. Arnolds property; and
WHEREAS, as a result several cows belonging to Mr. Arnold
escaped and wandered on a highway, U. S. 280 West, where one cow
and one calf were struck and killed by an unidentified motorist; and
WHEREAS, the remainder of the cows which escaped Mr.
Arnolds property wandered into a pasture approximately three miles
away and eventually had to be transported back to Mr. Arnolds
property; and
4892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, the damages sustained by Mr. Arnold totaled
$425.00; and
WHEREAS, the loss occurred through no fault or negligence on
the part of Mr. Arnold and 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 Georgia Forestry Commission is
hereby authorized and directed to pay the sum of $425.00 to Mr. A. V.
Arnold as compensation as provided above. Said sum shall be paid
from funds appropriated to or available to the commission and shall
be in full and complete satisfaction of all claims against the state
arising out of this occurrence.
Approved April 14,1981.
COMPENSATION TO CHARLES E. ANDERSON.
No. 26 (House Resolution No. 21).
A RESOLUTION
Compensating Mr. Charles E. Anderson; and for other purposes.
WHEREAS, on November 29,1979, Mr. Charles E. Anderson was
eating supper in the Bolton Hall cafeteria on the campus of the
University of Georgia; and
WHEREAS, Mr. Anderson was returning to the serving line and
walked past the conveyor belt which returned trays to the kitchen;
and
WHEREAS, there was water and broken glass on the floor which
caused Mr. Anderson to slip and fall; and
GEORGIA LAWS 1981 SESSION
4893
WHEREAS, Mr. Anderson suffered a severe injury to his hand
due to the fall and sustained damages in the amount of $2,062.18 in
hospital and medical expenses; and
WHEREAS, the accident occurred through no fault or negligence
on the part of Mr. Charles E. Anderson, and it is only just and proper
that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Board of Regents of the Univer-
sity System of Georgia is hereby authorized and directed to pay the
sum of $1,090.05 to Mr. Charles E. Anderson 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 14,1981.
COMPENSATION TO J. D. DOUGLAS, JR.
No. 27 (House Resolution No. 22).
A RESOLUTION
Compensating Mr. J. D. Douglas, Jr.; and for other purposes.
WHEREAS, on October 9,1975, at approximately 4:00 P.M., Mr.
J. D. Thomas, an employee of the Georgia Department of Trans-
portation, was operating a lawn mower along the side of Interstate
Highway 16 between highway markers 21 and 22; and
WHEREAS, also on that day, at approximately 4:00 P.M., Mr. J.
D. Douglas, Jr., a resident of Alpharetta, Georgia, was traveling in his
automobile on Interstate Highway 16 towards Macon, Georgia; and
WHEREAS, when Mr. Douglas automobile passed the area in
which Mr. Thomas was operating the lawn mower, the lawn mower
4894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
threw a foreign object, later identified as an automobile brake shoe,
into the side of Mr. Douglas automobile; and
WHEREAS, as a result of this incident, Mr. Douglas suffered
property damage to his automobile in the amount of $82.00, for which
he has received no compensation; and
WHEREAS, it is only fitting and proper that Mr. Douglas be
compensated for the property damage to his automobile.
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 $82.00 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 14,1981.
COMPENSATION TO JACK HAYDEN.
No. 34 (House Resolution No. 80).
A RESOLUTION
Compensating Mr. Jack Hayden; and for other purposes.
WHEREAS, Mr. Jack Hayden was walking through knee-deep
grass on the right of way along State Route 280 in Cobb County,
Georgia, the afternoon of June 3, 1980, and fell through an open
manhole on said highway right of way; and
WHEREAS, he suffered personal injury and medical expenses in
the amount of $342.73 and suffered lost wages in the amount of
$504.00; and
GEORGIA LAWS 1981 SESSION
4895
WHEREAS, said accident occurred through no fault or negligence
on the part of Mr. Hayden so it is only fitting and proper that he be
reimbursed for his loss of $846.73.
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 $846.73 to Mr.
Jack Hayden 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 14,1981.
COMPENSATION TO DR. JOHN J. KLEIN.
No. 37 (House Resolution No. 110).
A RESOLUTION
Compensating Dr. John J. Klein; and for other purposes.
WHEREAS, on February 25,1980, Dr. John J. Kleins automobile
was parked in parking lot E at Georgia State University in Atlanta,
Georgia; and
WHEREAS, on that day personnel from the Plant Department of
Georgia State University were performing maintenance in said par-
king lot; and
WHEREAS, the personnel from the Plant Department of Georgia
State University broke the right rear window of Dr. Kleins automo-
bile; and
WHEREAS, the accident occurred through no fault or negligence
on the part of Dr. Klein, so it is only fitting and proper that he be
reimbursed for the damage done to his property.
4896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Georgia State University is
hereby authorized and directed to pay the sum of $70.39 to Dr. John
J. Klein as compensation as provided above. Said sum shall be paid
from funds appropriated to or available to the Board of Regents of the
University System of Georgia and shall be in full and complete
satisfaction of all claims against the state arising out of said occur-
rence.
Approved April 14,1981.
COMPENSATION TO GUY A. FITZGERALD.
No. 39 (House Resolution No. 141).
A RESOLUTION
Compensating Mr. Guy A. Fitzgerald; and for other purposes.
WHEREAS, on June 5, 1980, Mr. Guy A. Fitzgerald was driving
his automobile on Tugalo Street in Toccoa, Georgia; and
WHEREAS, Mr. Fitzgerald drove his automobile across a traffic
counter placed in the street by the Department of Transportation;
and
WHEREAS, a nail used to secure the traffic counter punctured
one of the tires of Mr. Fitzgeralds automobile; and
WHEREAS, Mr. Fitzgerald suffered damages to his tire in the
amount of $64.84, and said loss was through no fault or negligence on
the part of Mr. Guy A. Fitzgerald.
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 $64.84 to Mr. Guy
A. Fitzgerald as compensation as provided above. Said sum shall be
GEORGIA LAWS 1981 SESSION
4897
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 14,1981.
LAND CONVEYANCE TO DANNY R. FARROW
AUTHORIZED.
No. 40 (House Resolution No. 143).
A RESOLUTION
Authorizing the conveyance of certain State-owned property
located in Catoosa County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of approximately
six acres in Catoosa County, Georgia, formerly utilized by the State as
part of a section farm for the Western & Atlantic Railroad (W&A);
and
WHEREAS, the property is currently under the custody and
management of the State Properties Commission; and
WHEREAS, said real property is all that tract or parcel of land
lying and being in Catoosa County, Georgia, and being generally
described as follows:
All that tract or parcel of land twenty (20) feet in width and nine
hundred sixteen (916) feet, more or less, in length, in Land Lot 134
of the 28th District, 3rd Section, Catoosa County, Georgia, being
more particularly shown and delineated as a part of Parcel No. 9 of
the W&A Railroad Valuation Map No. V2/55, both filed in the office
of the State Properties Commission.;
4898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and
WHEREAS, the property is no longer useful to or needed by the
State of Georgia and therefore is surplus; and
WHEREAS, Mr. Danny R. Farrow is the adjoining landowner and
has no way of access to a public highway other than over the above-
described State-owned property.
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 above-
described property and that in all matters relating to the conveyance
of the property the State of Georgia is acting by and through the State
Properties Commission.
Section 2. That the State Properties Commission is hereby
authorized to convey the above-described property for a consider-
ation of seven hundred eighteen dollars, thirty cents ($718.30) to
Danny R. Farrow upon such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the
best interests of the State of Georgia.
Section 3. That the State Properties Commission is hereby
authorized and empowered to do all acts and things necessary and
proper to effect such conveyance.
Section 4. That this Resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 5. That all laws and parts of laws in conflict with this
Resolution are hereby repealed.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
4899
ROBERT HILLSMAN BRIDGE DESIGNATED.
No. 41 (House Resolution No. 144).
A RESOLUTION
Designating the Robert Hillsman Bridge; and for other purposes.
WHEREAS, Mr. Robert Hillsman has been active in both civic
and community affairs in Morgan County; and
WHEREAS, Mr. Hillsman has been an active farmer and
dairyman for many years; and
WHEREAS, his devotion and loyalty to his family and commu-
nity will always be symbolized as a bridge of strength for those who
follow; and
WHEREAS, it is only fitting and proper that the life of Mr.
Robert Hillsman be memorialized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge which spans Big Indian
Creek on state Highway 83 in Morgan County shall be designated the
Robert Hillsman Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating such bridge as the Robert Hillsman Bridge.
Approved April 14,1981.
4900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BROOKS PENNINGTON BRIDGE DESIGNATED.
No. 42 (House Resolution No. 145).
A RESOLUTION
Designating the Brooks Pennington Bridge; and for other pur-
poses.
WHEREAS, Mr. Brooks Pennington was born in the community
of Pennington and has spent his life as an active farmer and merchant
in Morgan County; and
WHEREAS, Mr. Pennington has always been extremely well liked
and highly regarded by the residents of his community, and he has
always served as an inspiration to the citizens of Morgan County; and
WHEREAS, it is only fitting and proper that the life of Mr.
Brooks Pennington be memorialized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge which spans the Little
River on state Highway 83 in Morgan County shall be designated the
Brooks Pennington Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating such bridge as the Brooks Pennington Bridge.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
4901
CITY OF AUGUSTA-COUNTY OF RICHMOND
CRIMINAL ADVISORY COMMISSION CREATED.
No. 45 (House Resolution No. 148).
A RESOLUTION
Creating the City of Augusta-County of Richmond Criminal
Advisory Commission; and for other purposes.
WHEREAS, the number of crimes and the incidences of criminal
activity increase every year; and
WHEREAS, the victims of crime suffer immeasurable physical
injury, property loss, and emotional suffering; and all citizens spend,
through tax dollars, enormous sums of money to prevent and detect
crimes and to capture and punish criminals; and
WHEREAS, this expenditure of public money is a tremendous
drain on limited state and local resources which are vitally needed in
other areas; and
WHEREAS, it is vital that all facets of the community become
actively involved in solving this problem and to that end actively
assist and participate in developing solutions to one of the gravest
problems facing the citizens of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is hereby created the City of
Augusta-County of Richmond Crime Advisory Commission to be
composed of 21 members selected as follows:
Two members of the governing authority of Richmond County;
Two members of the governing authority of the City of Augusta;
Two members of the General Assembly of Georgia who represent
Richmond County;
Two members of the grand jury;
One member of the board of education;
4902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
One judge of the superior court, or his designee;
The district attorney, or his designee;
The solicitor of the state court, or his designee;
The chief of police of the City of Augusta, or his designee;
The sheriff of Richmond County, or his designee; and
Seven at-large members.
BE IT FURTHER RESOLVED that the organizational meeting
shall be called by the judge of the superior court. The first order of
business at the organizational meeting shall be the selection of the
seven at-large members. The second meeting shall also be called by
the judge of the superior court. The first order of business at such
meeting shall be the election of a chairman by a majority vote of the
full commission. The commission shall meet at the call of the
chairman, but any five members may petition the chairman to call a
meeting. The chairman shall call a meeting of the commission at least
once per calendar month. The commission may adopt rules for its
own governance. The members of the commission shall receive no
compensation or expenses for performing any duty or function as a
member of the commission. The named members shall serve by virtue
of position and the seven at-large members shall serve for two years
and until their successors are selected. The commission shall have
perpetual existence.
BE IT FURTHER RESOLVED that the commission shall study
crime and criminal activity in the City of Augusta and the County of
Richmond. The commission may undertake the investigation and
study of all relevant issues and problems in this area. From these
studies and investigations the commission may recommend solutions
to the problem of crime and criminal activity in the City of Augusta
and the County of Richmond and may offer advice in this area to the
appropriate governing authorities or law enforcement agencies.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
4903
COMPENSATION TO MRS. WATSON V. DERDEN.
No. 48 (House Resolution No. 155).
A RESOLUTION
Compensating Mrs. Watson V. Derden; and for other purposes.
WHEREAS, on October 16, 1980, Mrs. Watson V. Derden, a
resident of Atlanta, Georgia, was driving her automobile in an east-
erly direction on Interstate Highway 285 in the vicinity of the
Chattahoochee River in Fulton County; and
WHEREAS, as Mrs. Derden passed by in her automobile, a mower
being operated on the median of said highway by personnel from the
State Highway Department threw out a rock which landed on the
hood of her automobile; and
WHEREAS, the rock hit Mrs. Derdens automobile with such
force that it dented the vehicle in three places and resulted in damage
to the vehicle in the amount of $71.45; and
WHEREAS, the accident occurred through no fault or negligence
on the part of Mrs. Derden, so it is only fitting and proper that she be
reimbursed for the damage to her property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the State Highway Department of
Georgia is hereby authorized and directed to pay the sum of $71.45 to
Mrs. Watson V. Derden 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 14,1981.
4904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO ROY DAVIS, III.
No. 51 (House Resolution No. 164).
A RESOLUTION
Compensating Roy Davis III; and for other purposes.
WHEREAS, on March 10, 1971, Roy D. Davis III, while an
employee of the Department of Public Safety, parked a motor vehicle
belonging to the Department of Public Safety on Second Street in
Donalsonville, Georgia; and
WHEREAS, Roy Davis left said vehicle with the engine running
and, while said vehicle was unattended, said vehicle backed into the
front of the Western Auto Store owned by Jack Brannon; and
WHEREAS, said collision damaged the property of Mr. Brannon
in the sum of $1,244.08; and
WHEREAS, Mr. Davis was sued and made liable for the repairs to
Mr. Brannons property; and
WHEREAS, Mr. Davis should not personally have to satisfy the
damages arising out of the course of his duties and employment.
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 $1,244.08 to Mr.
Roy Davis 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 14,1981.
GEORGIA LAWS 1981 SESSION
4905
COMPENSATION TO JAMES W. TRUELOVE.
No. 53 (House Resolution No. 214).
A RESOLUTION
To compensate Mr. James W. Truelove; and for other purposes.
WHEREAS, on July 15,1980, Trooper D. C. Phagan was driving a
state patrol vehicle south on Georgia State Route 11; and
WHEREAS, Trooper Phagan started into a curve and apparently
lost control of the vehicle and ran off the road and struck a culvert;
and
WHEREAS, the vehicle continued out of control and skidded into
the front lawn of Mr. James W. Truelove; and
WHEREAS, the vehicle damaged the lawn, several trees, and
sprayed broken glass and gravel on a 1978 Pontiac Grand Prix
belonging to Mr. Truelove to the extent that the vehicle required
repainting; and
WHEREAS, the damages amounted to $533.00 in repairs to the
lawn and automobile, $500.00 in depreciated value to the automobile
and $1,000.00 in depreciated value to the lawn, for a total of $2,033.00;
and
WHEREAS, the accident occurred through no fault or negligence
on the part of Mr. James W. Truelove and it is only fitting and proper
that he be compensated for the damages to his property and automo-
bile.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the State Department of Public
Safety is hereby authorized and directed to pay the sum of $333.00 as
compensation as provided above. Said sum shall be paid from the
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 14,1981.
4906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO DONALD B. McLAIN.
No. 54 (House Resolution No. 216).
A RESOLUTION
Compensating Mr. Donald B. McLain; and for other purposes.
WHEREAS, on or about September 17,1980, on Georgia Highway
9 approximately one-half mile north of Dahlonega, Georgia, a 1974
Mazda automobile owned by Mr. Donald B. McLain and being driven
by Mrs. Karen McLain, wife of Mr. Donald B. McLain, ran across a
mud slick left on said highway by a Department of Transportation
work crew; and
WHEREAS, upon running across said mud, said automobile could
not be controlled by the driver thereof and said automobile went over
an embankment causing severe damage to said automobile; and
WHEREAS, no warning sign or employee of the Department of
Transportation was present at said mud slick to warn motorists of the
danger thereof; and
WHEREAS, said accident was caused directly by said mud slick
and there was no fault or negligence whatsoever on the part of Mrs.
Karen McLain, driver of the automobile damaged in said accident;
and
WHEREAS, the cost incurred by Mr. Donald B. McLain to repair
said automobile was $1,343.52 for which he has not been and cannot
be reimbursed by insurance.
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 $1,343.52 to Mr.
Donald B. McLain as compensation as provided above. Said sum
GEORGIA LAWS 1981 SESSION
4907
shall be paid from funds appropriated to or available to said depart-
ment and shall be in full and complete satisfaction of all claims
against the state arising out of said occurrence.
Approved April 14,1981.
COMPENSATION TO MICHAEL R. MULLINS.
No. 55 (House Resolution No. 229).
A RESOLUTION
Compensating Mr. Michael R. Mullins; and for other purposes.
WHEREAS, between the hours of 5:00 P.M. on Friday, October
24, 1980, and 7:00 A.M. on Monday, October 27, 1980, the Depart-
ment of Transportations maintenance shop in Villanow, Georgia, was
broken into; and
WHEREAS, numerous personal tools and equipment belonging to
Mr. Michael R. Mullins were stolen; and
WHEREAS, Mr. Michael R. Mullins has suffered a pecuniary loss
in the amount of $451.45; and
WHEREAS, said loss occurred through no fault or negligence on
the part of Mr. Michael R. Mullins.
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 $451.45 to Mr.
Michael R. Mullins as compensation as provided above. Said sum
shall be paid from funds appropriated to or available to said depart-
ment and shall be in full and complete satisfaction of all claims
against the state arising out of said occurrence.
Approved April 14,1981.
4908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO JAMES W. EZELL.
No. 56 (House Resolution No. 230).
A RESOLUTION
Compensating Mr. James W. Ezell; and for other purposes.
WHEREAS, between the hours of 5:00 P.M. on Friday, October
24, 1980, and 7:00 A.M. on Monday, October 27, 1980, the Depart-
ment of Transportations maintenance shop in Villanow, Georgia, was
broken into; and
WHEREAS, numerous personal tools and equipment belonging to
Mr. James W. Ezell were stolen; and
WHEREAS, Mr. James W. Ezell has suffered a pecuniary loss in
the amount of $50.80; and
WHEREAS, said loss occurred through no fault or negligence on
the part of Mr. James W. Ezell.
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 $50.80 to Mr.
James W. Ezell 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 14,1981.
GEORGIA LAWS 1981 SESSION
4909
COMPENSATION TO RODNEY B. JOHNSON.
No. 57 (House Resolution No. 231).
A RESOLUTION
Compensating Mr. Rodney B. Johnson; and for other purposes.
WHEREAS, between the hours of 5:00 P.M. on Friday, October
24, 1980, and 7:00 A.M. on Monday, October 27, 1980, the Depart-
ment of Transportations maintenance shop in Villanow, Georgia, was
broken into; and
WHEREAS, numerous personal tools and equipment belonging to
Mr. Rodney B. Johnson were stolen; and
WHEREAS, Mr. Rodney B. Johnson has suffered a pecuniary loss
in the amount of $1,239.70; and
WHEREAS, said loss occurred through no fault or negligence on
the part of Mr. Rodney B. Johnson.
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 $1,239.70 to Mr.
Rodney B. Johnson as compensation as provided above. Said sum
shall be paid from funds appropriated to or available to said depart-
ment and shall be in full and complete satisfaction of all claims
against the state arising out of said occurrence.
Approved April 14,1981.
4910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO ALONZA ANDERSON.
No. 60 (House Resolution No. 248).
A RESOLUTION
Compensating Mr. Alonza Anderson; and for other purposes.
WHEREAS, on November 8, 1979, Mr. Alonza Anderson, an
employee at the Central State Hospital in Milledgeville, Georgia,
parked his motor vehicle in the employee parking lot at the hospital;
and
WHEREAS, a resident patient who has a medical history of
throwing objects when upset threw a rock through the windshield of
Mr. Andersons motor vehicle; and
WHEREAS, a security guard at Central State Hospital witnessed
the incident and reported the incident to Mr. Anderson; and
WHEREAS, Mr. Anderson suffered damages to his motor vehicle
in the amount of $184.60, and said loss occurred through no fault or
negligence on the part of Mr. Anderson.
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
$116.10 to Mr. Alonza Anderson 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 14,1981.
GEORGIA LAWS 1981 SESSION
4911
DeKALB COUNTY COMPENSATION STUDY
COMMISSION.
No. 62 (House Resolution No. 251).
A RESOLUTION
Creating the DeKalb County Compensation Study Commission;
and for other purposes.
WHEREAS, by an Act approved March 31,1976 (Ga. Laws 1976,
p. 3986), the compensation of the elected public officials of DeKalb
County was fixed as a percentage of the compensation now or
hereafter paid to judges of the superior courts of the Stone Mountain
Judicial Circuit; and
WHEREAS, this system of compensating public officials and the
percentages referred to above should be reevaluated.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is hereby created the DeKalb
County Compensation Study Commission to be composed of 11
members as follows:
(1) Four citizens of DeKalb County elected by the DeKalb
County Senate delegation;
(2) Four citizens of DeKalb County elected by the DeKalb
County House delegation; and
(3) Three citizens of DeKalb County elected by the govern-
ing authority of DeKalb County.
BE IT FURTHER RESOLVED that the organizational meeting
of the commission shall be called jointly by two members, one of
whom shall be designated by the DeKalb County Senate delegation
from the members elected by such Senate delegation and one of
whom shall be designated by the DeKalb County House delegation
from the members elected by such House delegation. The organiza-
tional meeting shall be called for a day not later than May 15, 1981,
and the election of members of the commission shall be completed by
May 1, 1981. At the organizational meeting, the commission shall
elect from its own membership a chairman, vice chairman, secretary,
4912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and any other officers it deems necessary or appropriate. All mem-
bers of the commission shall serve without compensation and no
member shall be reimbursed from any public funds for expenses
incurred as a member of the commission.
BE IT FURTHER RESOLVED that the commission shall make a
complete study of the present system of compensating the elected
officials of DeKalb County and shall make recommendations relative
to an alternative method of fixing such compensation or any other
recommendation relative to the compensation of such officials as the
commission may find appropriate based on its study. The commission
shall hold a minimum of five meetings, all of which shall be held at a
public building located within DeKalb County, and at least three
meetings shall be public hearings. The commission shall publicize the
time, place, date, and purpose of each public hearing in advance of the
date of each such public hearing. If any expenses are incurred by the
commission in publicizing such public hearings, such expenses shall
be paid by the governing authority of DeKalb County from the funds
of the county.
BE IT FURTHER RESOLVED that the commission shall make a
report of its findings, conclusions, and recommendations by
December 1, 1981, on which date the commission shall stand abol-
ished. The commissions report shall be sent to each member of the
DeKalb County delegation to the General Assembly. A copy of said
report shall be maintained in the office of the chairman of the Board
of Commissioners of DeKalb County and shall be duplicated by such
office and made available to any interested citizen upon the request of
such citizen.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
4913
THE JOHN NEVILLE BIRCH MEMORIAL BRIDGE
RENAMED THE JERRY WADLEY WILLIAMS
MEMORIAL BRIDGE.
No. 65 (House Resolution No. 329).
A RESOLUTION
Renaming The John Neville Birch Memorial Bridge as The
Jerry Wadley Williams Memorial Bridge; and for other purposes.
WHEREAS, the Honorable Jerry Wadley Williams was born in
Juliette, Georgia, and lived there until his untimely death on
December 28,1975; and
WHEREAS, he was an outstanding leader in high school, serving
as president of his sophomore, junior, and senior classes during that
time; and
WHEREAS, he was also treasurer of the Future Farmers of
America during his junior year and assistant editor of the annual
staff; and
WHEREAS, he was voted best all-around senior and friendliest in
his senior class; and
WHEREAS, he was a dedicated member of the Georgia National
Guard; and
WHEREAS, he was always an outstanding member of the com-
munity in which he lived, and his contributions to his community will
be sorely missed; and
WHEREAS, the memory of such an outstanding and honorable
man should be commemorated in a tangible fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that The John Neville Birch Memorial
Bridge spanning the Ocmulgee River in Juliette, Georgia, is hereby
renamed and redesignated The Jerry Wadley Williams Memorial
Bridge.
4914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the Department of Trans-
portation is hereby authorized and directed to erect appropriate signs
on the approaches to said bridge redesignating said bridge as The
Jerry Wadley Williams Memorial 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 the family of the Honorable
Jerry Wadley Williams and to the Commissioner of the State Depart-
ment of Transportation.
Approved April 14,1981.
CITY OF TYBEE ISLANDCORPORATE LIMITS,
REFERENDUM.
No. 786 (House Bill No. 1018).
AN ACT
To amend an Act incorporating the City of Tybee Island,
approved February 20,1970 (Ga. Laws 1970, p. 2080), as amended, so
as to change the corporate limits of said city; 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 incorporating the City of Tybee Island,
approved February 20,1970 (Ga. Laws 1970, p. 2080), as amended, is
hereby amended by adding at the end of Section 4 a new paragraph to
read as follows:
The corporate limits of the City of Tybee Island shall also
include all of the territory, land and improvements located within the
following described area, to wit:
GEORGIA LAWS 1981 SESSION
4915
Beginning at the intersection of Tybee Creek and the Atlantic
Ocean, following Tybee Creek in a North and Northwestwardly
direction to the intersection of Tybee Creek with Lazaretto Creek,
going in a Southwesterly direction to the intersection of Lazaretto
Creek and Tybee River (known locally as Bull River) and continuing
Southwardly to Wassaw Sound, then Southeasterly to the Atlantic
Ocean and Northeasterly to the point of beginning.
Section 2. Said Act is further amended by adding at the end of
Section 4 an additional new paragraph to read as follows:
The corporate limits of the City of Tybee Island shall also
include all of the territory, land and improvements located within the
following described area, to wit:
Beginning at the Western boundary of the City of Tybee Island
and extending Westwardly to Lazaretto Creek to the intersection of
Tybee Creek, following an Eastern line along Tybee Creek and then
extending Northward along Chimney Creek to the Southern
boundary of the City Limits of Tybee Island.
Section 3. Not less than 30 days nor more than 90 days after the
approval of this Act by the Governor or after it otherwise becomes
law, it shall be the duty of the board of elections of Chatham County
to issue the call for an election for the purpose of submitting Section 2
of this Act to the voters residing outside of the corporate limits of the
City of Tybee Island as the city limits existed on January 1,1981, but
within the area proposed to be annexed under the provisions of
Section 2 of this Act and to the voters residing within the corporate
limits of the City of Tybee Island as the same existed on January 1,
1981, for approval or rejection. Only the qualified voters of the City of
Tybee Island and those voters residing in such area proposed to be
annexed by Section 2 of this Act who are registered voters of Chatham
County and who are qualified to vote for members of the General
Assembly of Georgia shall be eligible to vote in said election. It shall
be the duty of the board of elections of Chatham County to compile a
list of the registered voters of the county residing within the area to be
annexed to the city limits of Tybee Island under the provisions of
Section 2 of this Act. The board of elections 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 board of elections shall cause the date
and purpose of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ of
Chatham County.
4916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The ballot shall have written or printed thereon the words:
[ ] YES - Shall Section 2 of the Act changing
the corporate limits of the City
[ ] NO of Tybee Island be approved?
All persons desiring to vote in favor of Section 2 of the Act
shall vote Yes, and those persons desiring to vote for rejection of
Section 2 of the Act shall vote No. If more than one-half of the total
number of votes cast on such question within the area proposed to be
annexed under the provisions of Section 2 are for approval of Section
2 of this Act and if more than one-half of the total number of votes
cast on such question within the corporate limits of the City of Tybee
Island as the same existed on January 1, 1981, are for approval of
Section 2 of this Act, it shall become of full force and effect; but
otherwise it shall be void and of no force and effect.
It is the intent of this section that, if more than one-half of
the total number of votes cast on such question either in the area to be
annexed pursuant to Section 2 or within the existing limits of said city
are against approval of said Section 2, then Section 2 shall be void and
of no force and effect.
The expense of such election shall be borne by the City of
Tybee Island. It shall be the duty of the board of elections of Chatham
County to hold and conduct such election. It shall hold such election
under the same laws and rules and regulations as govern special
elections except as provided herein. The board of elections is hereby
authorized to establish one or more special polling places for the
conduct of said election. It shall be the duty of the board to elections
to canvass the returns and declare and certify the results of the
election. It shall be its 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.
Public Notice.
Notice is hereby given of the intention to apply for local
legislation in the 1981 Session of the General Assembly of Georgia, to
amend the Charter of the City of Tybee Island, and for the Mayor and
GEORGIA LAWS 1981 SESSION
4917
Aldermen of the City of Tybee Island to call for a referendum to
extend and change the corporate limits of the City of Tybee Island,
and for other purposes.
This 15th day of January, 1981.
Michael J. Counihan
Mayor, City of
Tybee Island
James Edward McAleer
Attorney, City of
Tybee Island
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bobby Phillips who, on oath,
deposes and says that he/she is Representative from the 125th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Savannah Evening Press
which is the official organ of Chatham County, on the following dates:
January 17,24 and 31,1981.
/s/ Bobby Phillips
Representative,
125th District
Sworn to and subscribed before me,
this 5th day of March, 1981.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 17,1981.
4918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CATOOSA COUNTYFISCAL ADMINISTRATION OF
SHERIFFS OFFICE, ETC.
No. 825 (House Bill No. 793).
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 by art Act approved March 24,1978
(Ga. Laws 1978, p. 4212) and by an Act approved March 26,1980 (Ga.
Laws 1980, p. 4163), so as to substantially revise the provisions
relative to the fiscal administration of the office of sheriff; 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 by an Act approved March 24,1978
(Ga. Laws 1978, p. 4212) and by an Act approved March 26,1980 (Ga.
Laws 1980, p. 4163), 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. (a) The fiscal year of the Sheriff of Catoosa County
shall commence on January 1 and end on December 31 of each year.
At such time as is designated for the preparation of county budgets,
but in any event no later than June 1 of each year, the sheriff shall
certify to the governing authority of Catoosa County a proposed
budget of expenditures for carrying out the powers, duties and
operations of his office for the ensuing fiscal year. The sheriff shall
submit with the proposed budget his sworn certificate, stating that
the proposed expenditures are reasonable and necessary for the
proper and efficient operation of his office for the ensuing year. The
proposed budget shall not exceed the maximum limitation provided
GEORGIA LAWS 1981 SESSION
4919
for in subsection (d) of this section and shall show the estimated
amounts of all proposed expenditures for staffing, operating, and
equipping the sheriffs office and jail, other than construction, repair
or capital improvement of county buildings during said fiscal year.
The proposed budget shall be available for public inspection during
all regular working hours. The expenditures shall be itemized as
follows:
(1) Salary of the sheriff.
(2) Expense allowance of the sheriff as provided by Section
3 of this Act.
(3) Salaries of deputies and assistants.
(4) Expenses itemized as follows:
(A) Gas, oil and grease
(B) Auto repair
(C) Uniforms
(D) Radio equipment and repair
(E) Travel expenses
(F) Miscellaneous
(5) Automobiles and equipment, subject to the limitations
provided for by subsection (e) of this section.
(6) Investigations.
(7) Salaries for jailers, cooks and secretarial help.
(b) The sheriff shall furnish the governing authority of Catoosa
County all relevant information concerning past and proposed
expenditures which said governing authority shall deem necessary,
except that the governing authority may not require confidential
information concerning details of open and pending investigations.
The governing authority of the county may require the sheriff to
correct mathematical, mechanical, factual and clerical errors, and
4920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
errors as to form in the proposed budget. Not later than June 15 of
each year, such budget shall be reviewed and approved or reviewed,
modified and approved by the governing authority of the county.
(c) If the county governing authority modifies the budget of the
sheriff, it will consult with said officer before making a final determi-
nation of such modification. It is specifically provided, however, that
the final approval of the budget of the sheriff shall be made by the
county governing authority, except to the extent that such budget is
limited by the terms of this Act. Once approved by the county
governing authority, said budget shall control county expenditures
for the operation of the sheriffs office for the ensuing fiscal year.
(d) The total expenditures for the operation of the sheriffs
office, excluding the sheriffs salary and expense allowance and
excluding the cost of providing medical and hospital care for prison-
ers, shall not exceed $312,000.00 per annum. The disbursement of
funds to pay for the operation of the sheriffs office, as fixed by the
budget, shall be at such periods and pursuant to such procedures,
which shall include clear and reasonable documentation, as shall be
established by the county governing authority.
(e) Proposed expenditures for the purchase of automobiles for
the use of the sheriffs office shall be budgeted under paragraph (5) of
subsection (a) of this section, but the county governing authority shall
have the responsibility for the purchase of said automobiles; provided
that said automobiles shall be of a type suitable for police work. The
county governing authority shall, by ordinance or resolution, provide
specifications, consistent with the foregoing requirements, which
specifications shall not be limited to any one manufacturer or model
of automobile, governing the purchase of said automobiles. Said
automobiles shall be purchased by competitive bid. It shall be the
duty of said county governing authority, by ordinance or resolution,
to establish a procedure for the solicitation of at least three bids for
the purchase of said automobiles by written bid. All such bids shall be
retained and shall be available for public inspection. When not being
used to carry out the official duties of the sheriffs office, said
automobiles shall be stationed at a location of access to the on-duty
personnel of the sheriffs office and said automobiles shall not be used
for personal or private use.
(f) The sheriff and the county governing authority shall be
personally liable for any expenditures made from county funds to
GEORGIA LAWS 1981 SESSION
4921
staff, operate, and equip the sheriffs office and jail, if such expendi-
tures are in violation of the budget for the sheriffs office and jail
provided for in this Act.
(g) The sheriff shall make a semiannual itemized report of all
expenditures of his office to the grand jury of the county. The grand
jury may reasonably request, and the sheriff shall provide, informa-
tion additional to such report necessary to fully and accurately reflect
all expenditures of the sheriffs office.
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
1981 session of the Georgia General Assembly, a bill relative to the
office of Sheriff of Catoosa County and county expenditures for said
office and for other purposes.
/s/ Robert G. Peters
State Representative
State of Georgia
Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs 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 1,8, and 15,1981.
/s/ Jim Caldwell
261
4922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this the 20 day of January, 1981.
/s/ June B. Hester
(Seal).
Approved April 22, 1981.
CATOOSA COUNTYACT CREATING OFFICE OF
COMMISSIONER AMENDED.
No. 827 (House Bill No. 917).
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 21,1958 (Ga. Laws
1958, p. 2716) and an Act approved March 26,1980 (Ga. Laws 1980, p.
4166), so as to change certain courthouse hours; to provide for
budgeting and auditing and the methods and procedures connected
therewith; to provide for competitive and negotiated bids and the
methods and procedures connected 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 office of commissioner of Catoosa
County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as
amended, particularly by an Act approved March 21,1958 (Ga. Laws
1958, p. 2716) and an Act approved March 26,1980 (Ga. Laws 1980, p.
4166), is hereby amended by striking from the last sentence of Section
9 the following:
, and from 9:00 a.m. until noon on Saturdays,
GEORGIA LAWS 1981 SESSION
4923
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. Monday through Friday, except holidays.
Section 2. Said Act is further amended by striking in its entirety
Section 16 thereof, which reads as follows:
Section 16. Be it further enacted by the authority aforesaid, that
said Commissioner, at the end of each quarter, shall employ a
qualified auditor to audit his books and records and make up an
itemized statement showing all accounts collected and expended on
behalf of the county during that quarter. Said statement shall show
the balance of cash on hand at the beginning of the quarter and at the
end of the quarter; also such outstanding obligations as he or his
predecessor in office shall have made. He shall verify said statement
by an affidavit as follows: I,_____________Commissioner of roads
and revenue of Catoosa County, do solemnly swear that the above is a
full and true statement of the monetary transactions of my office for
the quarter ending______________and that I have not received any
rebate, directly or indirectly, whatsoever, nor have I personally
profited or known of any illegal profit to any one whomsoever through
any transaction of my office; so help me God. (Signed)___________
Commissioner. Sworn to and subscribed before me, this the________
day of___________19______. Said statement shall be published in the
official organ of the county, provided the commissioner can arrange
for its publication at a satisfactory price, not to exceed in any event
one dollar per hundred words. If the commissioner cannot obtain the
publication of said account or statement at a satisfactory price by the
official newspaper of the county or some other newspaper with a
general circulation in the county, then he shall erect a bulletin-board
in the rotunda of the court-house in view of the general public, and
post such statement thereon.,
4924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof new Sections 16,16.1, and 16.2 to read as
follows:
Section 16. (a) The commissioner of Catoosa County shall
establish, within 30 days after the effective date of this Section, a
fiscal year for the operations of the local government of Catoosa
County.
(b) The local government of Catoosa County shall operate under
an annual balanced budget adopted by resolution of the commis-
sioner and administered in accordance with this Section. A budget
resolution is balanced when the sum of estimated net revenues and
appropriated fund balances is equal to appropriations.
(c) The commissioner of Catoosa County, or his designee, shall
prepare, no later than 45 days prior to the end of each fiscal year of
the county, a proposed budget for the ensuing fiscal year.
(d) The proposed budget shall be an estimate of the financial
requirements of each department or agency, by fund, for the budget
year. The budget document, at a minimum, shall provide a statement
of the amount budgeted for anticipated revenues by category and the
amount budgeted for expenditures by category for the current year,
including budget amendments, and the anticipated revenues and
proposed expenditures for the proposed budget year.
(e) No later than five days after the budget is prepared and
delivered to the commissioner, a copy of the budget shall be placed in
a public location which is convenient to the residents of Catoosa
County. The commissioner shall make every effort to provide conve-
nient access to the residents during reasonable business hours so as to
accord every opportunity to the public to review the budget prior to
adoption by the commissioner. A copy of the budget shall also be
made available, upon request, to the news media.
(f) Within five days after the posting of the budget, a statement
advising the residents of Catoosa County of the availability of the
budget shall be published in a newspaper of general circulation in
Catoosa County. The statement shall also give notice of the time and
place of the budget hearing required by this Section. The statement
shall be a prominently displayed advertisement or news article and,
further, shall not be placed in that section of the newspaper where
legal notices appear.
GEORGIA LAWS 1981 SESSION
4925
(g) Not later than one week prior to adoption of the budget
resolution, the commissioner shall conduct a public hearing at which
time any persons wishing to be heard on the budget may appear.
(h) Nothing in this Section shall be deemed to preclude the
conduct of further budget hearings, if the commissioner deems such
hearings necessary and complies with the requirements of subsection
(f) of this Section.
(i) On a date after the conclusion of the hearing required in
subsection (g), the commissioner shall adopt a budget resolution
making appropriations for the fiscal year in such sums as he may
deem sufficient, whether greater or less than the sums presented in
the proposed budget. The budget resolution shall be adopted at a
public meeting which shall be advertised in accordance with the
procedures set forth in subsection (f) of this Section not later than one
week prior to the meeting.
(j) The budget may be prepared in any form that the commis-
sioner deems most efficient in enabling him to make the fiscal policy
decisions embodied in the budget but shall show anticipated revenues
and appropriations by fund.
Section 16.1. (a) Beginning with the first fiscal year of Catoosa
County which ends after the effective date of this Section, the
commissioner of Catoosa County shall provide for and cause to be
made an annual audit of the financial affairs and transactions of all
funds and activities of the local government of Catoosa County for
each fiscal year thereof.
(b) The audits of the local government of Catoosa County shall
be conducted in accordance with generally accepted auditing stan-
dards. To the extent that the state auditor is able to provide
comparable auditing services, the commissioner may contract with
the state auditor.
(c) All annual audit reports of the local government of Catoosa
County shall contain at least the following:
(1) Financial statements prepared in conformity with gen-
erally accepted governmental accounting principles, setting forth
the financial condition and results of operation of each fund and
activity of the local government. Such financial statements shall
be the representation of the local government.
4926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Audits shall contain the opinion of the performing audi-
tor with respect to the financial statements. In addition to an
explanation of any qualification or disclaimers contained in the
opinion, it shall also disclose, in accordance with generally
accepted audit standards, any apparent material violation of state
or local law discovered during the audit.
(d) Each annual audit report of the local government of Catoosa
County shall be completed, and a copy of the report forwarded to the
state auditor, within 180 days after the close of the fiscal year of
Catoosa County.
(e) A copy of the report and of any comments made by the state
auditor pursuant to subsection (d) shall be maintained as a public
record for public inspection during the regular working hours at the
principal office of the commissioner of Catoosa County.
Section 16.2. (a) The commissioner shall require at least three
competitive bids on all purchases made for or on behalf of the county
of material, supplies, or equipment involving an expenditure of
$10,000.00 or more. Solicitation for such bids shall be made by
advertisement in the legal organ of the county at least once and at
least ten days prior to the date fixed for opening of the bids and
awarding of the contract.
(b) All contracts requiring competitive bids shall be awarded to
the lowest responsible bidder, taking into consideration the quality of
the articles to be supplied and conformity with the standard speci-
fications which have been established and prescribed, the purposes
for which said articles are required, the discount allowed for prompt
payment, the transportation charges, and the date or dates of delivery
specified in the bid.
(c) Bids shall be opened in public by the commissioner, who
shall canvass the bids and award the contract according to the
provisions of this Section. Every bid conforming to the terms of the
advertisement required by this Section, together with the name of the
bidder and a designation of the successful bidder, shall be posted at
the courthouse door for at least ten days after award or letting of the
contract and shall thereafter be subject to public inspection during
regular business hours in the office of the clerk of the Superior Court
of Catoosa County for a period of at least two years after the award or
letting of the contract.
GEORGIA LAWS 1981 SESSION
4927
(d) When bids received pursuant to this Section are insufficient
in number, unreasonable or unacceptable as to terms or conditions,
are noncompetitive, or the low bid exceeds available funds and it is
determined in writing by the commissioner that time or other circum-
stances will not permit the delay required to resolicit competitive
bids, the commissioner shall so inform the grand jury and may then
negotiate a contract, provided that each responsible bidder who
submitted a bid under the original solicitation is notified of the
determination and is given a reasonable opportunity to negotiate. In
cases where the bids received are noncompetitive or the low price
exceeds available funds, the negotiated price shall be lower than the
lowest rejected bid of any responsible bidder under the original
solicitation. Notice of the award of such negotiated contract shall be
posted and kept for public inspection in the same manner as awards
of competitive bids.
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 Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
session of the Georgia General Assembly, a bill to set the hours that
the office of Commissioner of Roads and Revenue will be open and for
other purposes.
/s/ Robert G. Peters
Representative
State of Georgia
Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
4928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which Sheriffs 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 15,22,29,1981.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 2 day of March, 1981.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires April 22, 1981.
(Seal).
Approved April 22,1981.
GEORGIA LAWS 1981 SESSION
4929
ACTIONS OF COUNTY
GOVERNING AUTHORITIES
PURSUANT TO
CONSTITUTIONAL AMENDMENT
PROVIDING
HOME RULE FOR COUNTIES
4930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
APPLING COUNTYCOUNTY ADMINISTRATOR.
Be it ordained by the Board of Commissioners of Appling
County, Georgia that a County Administrator shall be hired to
implement policy decisions and direct the day-to-day County
governmental operations.
ARTICLE I
The Appling County Board of Commissioners (hereinafter re-
ferred to as the BOARD) charged the Appling County Gov-
ernmental Study Commission (hereinafter referred to as the
COMMISSION) with the responsibility to recommend as to
what changes, if any, should be made in the form and operation
of County government. The COMMISSION recommended that
the BOARD should manage County government through a
County Administrator, who, appointed by the BOARD to serve
the BOARD, should implement BOARD policy decisions and di-
rect the day-to-day County governmental operations. The Ad-
ministrative Practices Checklist, prepared by the Institute of
Government, University of Georgia, firmly supported a county
administrator plan of government. The BOARD approved the
COMMISSIONS recommendation at its December fourth, 1979
meeting and the BOARD does have the Constitutional authority
to manage local affairs under the Home Rule Amendment in the
Georgia Constitution.
ARTICLE II
The BOARD shall hire a County Administrator who, ap-
pointed by the BOARD to serve the BOARD, shall implement
BOARD policy decisions and shall direct the day-to-day county
governmental operations.
ARTICLE III
The County Administrator shall exercise control over County
Departments and Agencies that report directly to the BOARD;
shall enforce County laws and resolutions or ordinances; shall
prepare an annual budget; shall advise the BOARD on the
financial conditions and needs of the County and shall maintain
accurate records reflecting the Countys financial affairs; shall
GEORGIA LAWS 1981 SESSION
4931
examine the accounts and records of County Departments and
Agencies that report directly to the BOARD; shall supervise per-
formance of contracts; shall regulate purchases of County sup-
plies and materials; and shall perform all other duties delegated
by the BOARD.
ARTICLE IV
The BOARD shall retain the County Clerk position as execu-
tive secretary, appointed to and removed from office by the
BOARD, to record its official actions, to prepare correspondence
and reports, and to maintain County records.
ARTICLE V
Once the BOARD adopts this law, the County Administrator
position shall be immediately advertised in at least the Atlanta
and Savannah newspapers and in appropriate professional pub-
lications in order to find a suitably trained administrator within
a sixty (60) day period.
ARTICLE VI
In the event any section, subsection, sentence, clause or
phrase of this law shall be declared on adjudged invalid or un-
constitutional, such adjudication shall in no manner affect the
other sections, subsections, sentences, clauses, or phrases of this
law, 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
BOARD hereby declares that it would have passed the remain-
ing parts of this law if it had known that such part or parts
hereof would be declared or adjudged invalid or uncon-
stitutional.
ARTICLE VII
All laws and parts of laws in conflict with this law are hereby
repealed.
4932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VIII
This law shall take effect immediately upon adoption and
compliance with the Home Rule provisions of the Georgia
Constitution.
ARTICLE IX
The official copy of the law shall be attested by and placed on
file with the BOARD.
On motion made and seconded, this law, after two readings in
public meeting, and after notification in the local newspaper,
and after display in the Office of the Clerk of Superior Court for
Appling County, is hereby adopted and enacted this 6th day of
May 1980.
/s/ Norman Hollis
Chairman
Appling County Board of
Commissioners
Attest:
/s/ John R. Windham
County Clerk
State of Georgia
CERTIFICATION
I, Max Gardner, Editor and Publisher of THE BAXLEY
NEWS BANNER, certify that the following synopsis of the
County Administrator Ordinance of Appling County, Georgia,
was published in THE BAXLEY NEWS BANNER n March
13, 20, and 27, 1980.
Date May 9, 1980 /s/ Max Gardner
Editor and Publisher
The Baxley News Banner
Attest:
/s/ Helen Gardner
GEORGIA LAWS 1981 SESSION
4933
NOTICE OF PROPOSED ORDINANCE
APPLING COUNTY BOARD OF COMMISSIONERS
At a regular meeting of the Appling County Board of Commis-
sioners held on March 11, 1980 there was a first reading of a
proposed ordinance dealing with the establishment of a position
of County Administrator. A synopsis appears below.
Ordinance on Hiring a County Administrator
The Appling County Board of Commissioners shall hire a
County Administrator who, appointed by the Board to serve the
Board, shall implement Board policy decisions and shall direct
day-to-day county governmental operations. The County Ad-
ministrator shall exercise control over County Departments and
agencies that report directly to the Board, enforce county ordi-
nances, serve as budget, financial, contract and purchasing of-
ficer and perform other duties as delegated by the Board.
The Board shall retain the County Clerk position.
This ordinance shall be adopted under the provisions of the
Home Rule Amendment in the Georgia Constitution.
A complete copy of the proposed ordinance may be seen at the
office of the Clerk of Superior Court of Appling County, Court-
house, Baxley, Georgia.
GEORGIA, APPLING COUNTY
Filed in the Office of Secretary of State October 23, 1980.
APPLING COUNTYPERSONNEL MANAGEMENT.
Be it ordained by the Board of Commissioners of Appling
County, Georgia that the following personnel policies shall gov-
4934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ern the appointment, classification, salary, promotion, demotion,
dismissal, and conditions of employment of the employees of
Appling County, Georgia.
ARTICLE I. THE PERSONNEL SYSTEM
Section 1. Merit Principles. The personnel system
herein established shall be consistent with merit principles so as
to assure:
1. Recruiting, selecting, and advancing employees on the ba-
sis of their relative ability, knowledge, and skills, including open
consideration of qualified applicants for initial appointment;
2. Providing equitable and adequate compensation;
3. Training employees, as needed, to assure high-quality
performance;
4. Retaining employees on the basis of the adequacy of their
performance, correcting inadequate performance, and separating
employees whose inadequate performance cannot be corrected;
5. Assuring fair treatment of applicants and employees in all
aspects of personnel administration without regard to political
affiliation, race, color, national origin, sex, or religious creed and
with proper regard for their privacy and constitutional rights as
citizens; and
6. Assuring that employees are protected against coercion for
partisan political purposes and are prohibited from using their
official authority for the purpose of interfering with or affecting
the result of an election or a nomination for office as stipulated
in this Ordinance.
Section 2. Administration. A. General Responsibil-
ity. The Appling County Commission shall have the basic re-
sponsibility for all personnel functions set forth in this Ordi-
nance for all county departments, except as to powers and duties
specifically assigned by the Personnel Ordinance or Personnel
Policies to appointing authorities. As referred to in this Ordi-
nance and the Personnel Policies, appointing authority shall
GEORGIA LAWS 1981 SESSION
4935
have the following meaning:
1. The County Commission shall be the appointing author-
ity for all Appling County departments and offices which
the County Commission appoints the department or of-
fice head.
2. The Tax Commissioner shall be the appointing authority
and the department head for the Tax Commissioners
office.
3. The Clerk of the Superior Court shall be the appointing
authority and the department head for the Superior
Court Clerks office.
4. The Sheriff shall be the appointing authority and the de-
partment head for the Sheriffs department.
5. The Judge of Probate shall be the appointing authority
and the department head for the Probate Judges office.
B. Appling County Commission. It shall be the responsi-
bility of the Appling County Commission to oversee and assure
effective personnel administration and to administer i follow-
ing personnel policies and rulles. rules. The County Administra-
tor shall be responsible for the administration of the personnel
function for those offices directly under the supervision of the
County Commission and may assist other appointing authorities
upon request. The County Administrator shall assist in the
preparation and maintenance of the position classification and
the pay plan, maintain a complete system of employee personnel
files and records, and perform such other duties in connection
with the personnel program as the Commission shall require.
The County Commission shall also:
1. Appoint, remove, suspend, and discipline all officers and
employees subject to the policies set forth in this Ordi-
nance and local personnel policies adopted thereunder
for all county departments and offices for which the
Commission appoints the department or office head. The
Commission may, at its discretion, authorize the ap-
pointed department or office head to appoint and remove
4936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
employees of such departments and offices.
2. Fix and establish the number of employees in all county
departments and offices and determine the compensation
in accordance with policies set forth in this Ordinance
and subject to budget limitations.
3. Certify the eligibility of applicants for appointment to
merit career positions; or it may, at its discretion, desig-
nate the personnel officer to so certify.
4. Perform such other duties and exercise such other pow-
ers in personnel administration as may be prescribed by
law and this Ordinance.
C. Other Appointing Authorities. Other Appointing Au-
thorities, as specified in Section 2A, shall be charged with the
following duties in personnel administration for career employ-
ees in their respective departments or offices:
1. Determining and establishing duties and responsibilities
of each position.
2. Selecting and appointing employees for career positions
from eligible lists certified by the Personnel Officer.
3. Removing, suspending, and disciplining all officers and
employees as provided in the Personnel Policies.
4. Performing such other duties and exercising such other
powers as may be prescribed by law and this Ordinance.
D. Personnel Officer. The Board of Commissioners may
appoint either a full-time or part-time officer to assist in the
preparation and maintenance of the position classification plan
and the pay plan, and perform such other duties in connection
with a modern personnel program as the Board of Commission-
ers shall require. All matters dealing with personnel shall be
routed through the Personnel Officer who shall maintain a com-
plete system of personnel files and records. The Personnel Of-
ficer, as such, shall have no line responsibility over any County
department or office head, but is responsible for reporting to the
GEORGIA LAWS 1981 SESSION
4937
County Commissioners the failure of the County department or
office head to comply with the rules and regulations of the merit
system.
Section 3. Employees Subject to Ordinance. The pro-
vision of this Ordinance shall be applicable to all employees ex-
cept as provided below:
1. Elected officials shall be exempt from the provisions of
this Ordinance.
2. Employees not covered by the classification plan of this
Ordinance shall be exempt from Articles II, III, and IV.
3. Part-time officials appointed by the governing body, and
employees of advisory or special boards and commissions
who work an irregular schedule, shall be exempt from all
provisions of the Ordinance.
4. Part-time and temporary employees unless specifically
covered by action of the County Commission.
ARTICLE II. THE CLASSIFICATION PLAN
Section 1. Coverage of the Classification Plan. The
Board of Commissioners of Appling County shall adopt by Reso-
lution a position classification plan.
This classification plan shall include all permanent classes of
positions except those exempted in Article I, Section 3.
Section 2. Allocation of Positions. The County Com-
missioners shall allocate each position covered by the classifica-
tion plan to its appropriate class in the position classification
plan.
Section 3. Maintenance of Classification Plan. The
County commission shall appoint an employee who shall serve as
Personnel Officer and who shall be responsible for the adminis-
tration and maintenance of the position classification plan. De-
partment heads shall be responsible for bringing to the attention
of the Personnel Officer 1) the need for new position, and 2) ma-
4938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
terial changes in the nature of duties, responsibilities, working
conditions, or other factors affecting the classification of any ex-
isting position.
New positions shall be established only by the governing body,
after which they shall 1) allocate the new position to the appro-
priate class within the existing classification plan, or 2) amend
the position classification plan to establish a new class to which
the new position may be allocated.
When the Personnel Officer or Appointing Authority finds
that a substantial change has occurred in the nature or level of
duties and responsibilities of an existing position he may recom-
mend; 1) that the existing class specification be revised; 2) that
the position be reallocated to the appropriate class within the
existing classification plan; or 3) that the governing body amend
the position classification plan to establish a new class to which
the position may be allocated.
Section 4. Amendment of Classification Plan. Classes
of positions shall be added to and deleted from the position clas-
sification plan upon the recommendation of the department
head and Personnel Officer or the appointing authority and with
the approval of the governing body.
ARTICLE III. THE SALARY PLAN
Section 1. Coverage of Salary Plan. The Board of
Commissioners of Appling County shall adopt by Resolution a
salary plan which shall consist of salary schedules or pay alloca-
tions. The salary plan shall include all permanent classes of po-
sitions included in the classification plan.
Section 2. Maintenance of Salary Plan. The County
Commission shall be responsible for the administration of the
salary plan. Each year, prior to the preparation of the annual
budget, the Personnel Officer shall secure information concern-
ing the general level of salaries paid and fringe benefits provided
in private industry in the area, the salaries paid and fringe bene-
fits provided comparable municipal, county and state employees,
and any change in the cost of living in the area during the fiscal
year. The Personnel Officer shall conduct continuing studies of
GEORGIA LAWS 1981 SESSION
4939
the internal relationships between classes in order to reduce or
eliminate inequities between classes of positions. Based on the
studies and recommendations of the Personnel Officer and the
general financial condition of the governmental unit, the County
Administrator shall recommend to the governing body such in-
creases, reduction, or amendments of the salary plan as he
deems necessary to maintain the fairness and adequacy of the
salary plan.
Section 3. Transition to New Salary Plan. The follow-
ing four principles shall govern the transition to a new salary
plan:
1. No employees shall receive a salary reduction as a result
of the transition to a new salary plan.
2. All employees being paid at a rate lower than the mini-
mum rate established for their respective classes shall
have their salaries raised to the new minimum for their
classes.
3. All employees being paid at a rate below the maximum
rate established for their respective classes shall be paid
at a rate listed in the salary schedule; all employees not
at a listed rate shall have their salaries raised to a listed
rate.
4. All employees being paid at a rate above the maximum
rate established for their respective classes shall remain
at their present salaries as long as the maximum rate is
below the employees present salaries.
Section 4. Payment at a Listed Rate. All employees
covered by the salary plan shall be paid at a listed rate within
the salary ranges established for their respective job classifica-
tions except employees in a trainee status, or employees whose
present salaries are above the established maximum rate follow-
ing transition to a new pay plan.
Section 5. Entrance at the Minimum. Each new em-
ployee shall be appointed at the minimum salary which has been
established for the classification in which he is employed except:
4940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1) if the new employee does not meet the minimum require-
ments of the position and qualified applicants for the position
are not available, the Department Head may designate the em-
ployee as a trainee to be appointed at a salary below the mini-
mum; 2) when the County Commission shall determine that
there has been a demonstrated inability to recruit at the mini-
mum salary or that an applicant possesses exceptional qualifica-
tions, the County Commission may authorize the employment of
applicant at a higher rate than the minimum in the salary range.
Section 6. Salary of Trainee. A new employee who does
not meet all of the established qualifications for a position may
be appointed with the approval of the Department Head at a
training salary no more than two steps below the minimum
salary established for the position. The employee shall continue
to receive a reduced salary during the probationary period until
the appointing department head, with the approval of the Per-
sonnel Officer, shall determine that the trainee is qualified to
assume the responsibilities of the position or until the employee
is discharged or moved to a listed rate in the salary range estab-
lished for the position.
Section 7. Earned Salary Increments. Salary increases
above the minimum established for each class of positions shall
be granted only in recognition of superior or improved perform-
ance. The County Commission shall each year include funds in
the budget proposal for providing earned salary increments. In-
sofar as practicable, each department shall receive a share of the
salary increment funds which is in proportion to the depart-
ments share of the total salaried paid employees eligible for sal-
ary increments in all departments.
A salary increment given to any employee shall consist of no
less than one full step in the salary range established for his
class. Salary increments shall be effective only upon the recom-
mendation of the supervising department head, the County Ad-
ministrator and with the approval of the County Commission.
Section 8. Salary of Reclassified Employee. An em-
ployee whose position is reclassified to a class having a higher
pay range shall ordinarily receive a one-step salary increase, or
an increase to the minimum step of the new salary range, which-
GEORGIA LAWS 1981 SESSION
4941
ever is higher. Upon recommendation of the department head,
the County Administrator and approval of the County Commis-
sion an increase of more than one-step may be granted. An em-
ployee whose position is reclassified to a class having a lower pay
range shall not receive a reduction in salary as a result of the
reclassification.
Section 9. Salary of Promoted Employee. An em-
ployee promoted to a position in a class having a higher pay
range shall ordinarily receive a one-step salary increase, to the
minimum step of the new salary range, whichever is higher.
Upon recommendation of the department head, the County Ad-
ministrator and approval of the County Commission, an increase
of more than one-step be granted.
Section 10. Salary of Transferred Employee. The sal-
ary of an employee reassigned to a position in the same class or
to a position in a different class with the same salary range shall
not be changed by the reassignment.
Section 11. Salary of Demoted Employees. The salary
of an employee demoted to a position in a class with a lower
salary range shall be adjusted to the maximum of the new range
or to one step below his former salary, whichever is lower; except
that in a non-disciplinary demotion, upon recommendation of
the department head, and the County Administrator, the
County Commission may continue the salary at the rate of pay
prior to demotion. If an employee fails to complete successfully
his probationary period following promotion, he shall be rein-
stated in his former position or in a position in the same class at
his former salary.
Section 12. Salary of Part-time Employee. The pay
plan established by this Ordinance is for full-time service. An
employee appointed or less than full-time service shall be paid
at a rate determined by converting the established monthly sal-
ary of the position into an hourly rate.
Section 13. Effective Date of Salary Adjustments.
Salary adjustments approved after the first working day of a pay
period shall become effective at the beginning of the next pay
period or at such specific date as may be provided.
4942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV. APPLICATION, APPOINTMENT,
PROBATIONARY PERIOD, SEPARATIONS,
REINSTATEMENTS
Section 1. Applicability of Article. The provision of this
article shall be applicable to all employees except those ex-
empted in Article I, Section 4.
Section 2. Employment Opportunities. The Personnel
Officer shall publicize opportunities for employment with the
governmental unit including the salary ranges and employment
qualifications for positions to be filled. Each department head
shall be responsible for assisting the Personnel Officer in recruit-
ing qualified applicants to fill vacancies in his department.
Section 3. Applications. As a general policy, in order not
to lose competent applicants, the Personnel Department will ac-
cept applications at any time whether or not a vacancy has been
announced. As a result of a single application, a candidate shall
be considered for all classes of positions in which his principal
qualifications might profitably be used. Applications shall be
maintained in the active file for six months, after which appli-
cants must re-apply in order to be considered for vacancies.
Each applicant for a position within the Appling County gov-
ernment shall make application on a standard application form
approved by the County Administrator.
The Personnel Officer may reject an application which indi-
cates that the applicant is deficient in any or all of the require-
ments as specified in the class specification or any recruitment
notice. An applicant may also be rejected for the practice or at-
tempted practice of fraud or deception in the completion of his
application, or if his past record of employment is determined to
be unsatisfactory by the Personnel Officer.
Section 4. Qualifications and Evaluations. Employees
shall meet the employment standards established by the posi-
tion classification plan and such other reasonable minimum
standards as to character, aptitude, ability to meet the public
and physical condition as may be established by the Personnel
Officer with the advice and recommendations of the department
GEORGIA LAWS 1981 SESSION
4943
heads, provided, however, that such minimum standards are
necessary for satisfactory job performance and do not discrimi-
nate against any race, sex, political affiliation, or national origin
as prohibited. The Personnel Officer shall review all applications
to determine whether the applicant meets the qualifications es-
tablished for the position. Oral interviews may be conducted by
the Personnel Officer and/or department head. With the ap-
proval of the department head and the Personnel Officer, finger-
printing, check of arrest records, physical examination, or other
background checks may be required if deemed a factor in job
performance.
Section 5. Appointments, (a) Department Heads: Those
positions designated by resolution of Commission as Department
Heads shall be appointed by the County Commission from eligi-
ble lists submitted by the Personnel Officer.
(b) Other Employees: Whenever a vacancy exists, applications
of all qualified applicants for the position shall be forwarded by
the Personnel Officer to the department head for his review. The
department head or appointing authority shall appoint the per-
son best qualified for the position and recommend the salary to
be paid if other than the minimum rate established for the posi-
tion. The Personnel Officer shall then allocate the position to a
proper class in the classification plan and recommend the start-
ing salary to the County Administrator and County Commission
if other than the minimum rate established for the class.
Section 6. Substitute Appointments. The appointing
authority may approve a substitute appointment of a county
employee to fill temporarily a position with a higher classifica-
tion. No such substitute appointment shall continue more than
six months. If the employee serves in the substitute capacity for
five working days or longer he shall be paid at the minimum rate
of the pay grade assigned to the substitute position, or one pay
step above his regular salary, whichever is higher.
Section 7. Emergency and Provisional Appoint-
ments. The County Administrator or the appointing authority
may approve emergency employment for not more than ninety
days and provisional employment without open evaluation when
there is no appropriate list available. No such provisional ap-
4944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pointment shall continue longer than six months, nor shall suc-
cessive provisional appointments be allowed except during the
first year after the effective date of this Ordinance.
Section 8. Probationary Period. All employees ap-
pointed to or promoted to permanent positions shall serve a pro-
bationary period of six months. Employees serving a probation-
ary period following initial employment in a permanent position
shall receive all benefits provided in accordance with this Ordi-
nance with the following exceptions or as otherwise provided:
1. A full time employee may accumulate vacation leave but
shall not be permitted to take vacation leave except as
outlined in Article VI, Section 5.
2. The employee, if dismissed during the probationary pe-
riod, shall not be eligible for terminal pay for accumu-
lated vacation leave, nor shall he be entitled to exercise
the right to appeal his dismissal.
Employees serving a probationary period following a promo-
tion shall continue to receive all benefits provided in accordance
with this Ordinance and under supplementary rules and regula-
tions, including the right of appeal, except that they may be de-
moted to their former positions without appeal rights.
Before the end of the probationary period, the department
heads shall indicate in writing to the Personnel Officer:
1. that he has discussed with the employee the employees
accomplishments, failure, strengths, and weaknesses;
2. whether the employee is performing satisfactory work;
3. whether the employee should be retained in the position;
4. whether the employee should be given a merit salary
increase;
5. whether the employee, if a new appointee, should be dis-
charged, or;
GEORGIA LAWS 1981 SESSION
4945
6. whether the employee, if on probation following a promo-
tion should be reinstated in his former class.
A new appointee may be dismissed at any time during the
probationary period if the appointing authority determines that
the employee is incapable of doing his assigned duties satisfacto-
rily. Following successful completion of the probationary period,
employees shall be considered to be permanent career
employees.
Section 9. Separations. An employee may be separated
from government service by any one of the eight different meth-
ods as described below:
A. Resignation. To resign in good standing, an employee
should give his department head or appointing authority at least
fourteen calendar days prior notice. Normally failure to comply
with this rule shall be entered on the employees personnel
records and may be grounds for refusal to reemploy. However,
the departent head or appointing authority may exempt an em-
ployee who has given less that required notice if in his judgment
exceptional circumstances warrant such exemption.
B. Compulsory Resignation. An employee who, without
valid reason, fails to report to work for three consecutive days
without authorized leave shall be separated from the payroll and
reported as a compulsory resignation. Such an employee may
not be eligible for reemployment.
C. Lay-Offs. Lay-off is the termination of employment of a
merit system employee when, for any valid reason, it may be
necessary to abolish one or more positions or reduce the number
of employees in the county service. Lay-off does not reflect dis-
credit upon the service of the employee.
Prior to the lay-off the department head or appointing author-
ity shall consider work records, employee evaluation ratings and
length of service in determining which employees shall be laid
off. The chief basis of the decision shall be the relative compe-
tence of the employees for the job that remains. In choosing be-
tween two employees, the employee most competent for the job
that remains shall be retained. If it is found that two or more
4946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
persons in the organizational unit in which lay-off is to be made
have equal ratings, the order of lay-off shall be the last employee
to enter the service shall be the first to be laid off. No perma-
nent career employee shall be laid off while another person in
classified position is employed on a temporary or part-time basis
in the same class if the employee is willing to accept the tempo-
rary or part-time work.
Permanent career employees shall be notified in writing at
least fourteen calendar days prior to the effective date of lay-off.
D. Disability. An appointing authority may direct any em-
ployee under his jurisdiction to be examined by a physician em-
ployed by the county. When a disability of any kind is discov-
ered which impairs the effectiveness of an employee or makes
his continuance on the job a danger to himself or other, one of
the following actions shall be taken:
1. If the disability is correctable, a specified period of time
shall be allowed for its correction. Failure to correct shall be
grounds for disciplinary action or lay-off.
2. If in the opinion of the examining physician, the disability
cannot be corrected, the appointing authority may place the em-
ployee in another position which he can perform satisfactorily,
or take steps to separate the employee from government service
through retirement or lay-off.
E. Loss of Job Requirements. Any employee who is una-
ble to do his job adequately because of loss of a necessary license
or other requirement shall be separated by a lay-off or placed in
another position for which he may be qualified.
F. Dismissals. A permanent employee whose work is not
satisfactory over a period of time shall be notified in what way
his work is deficient and what he must do if his work is to be
satisfactory. A permanent employee may be dismissed by his de-
partment head or appointing authority if he fails to perform
work up to the standard of the classification which he holds or is
guilty of any of the acts listed in Section 2, Article V. When an
employee is discharged, the department head or appointing au-
thority shall immediately provide the Personnel Officer and the
GEORGIA LAWS 1981 SESSION
4947
discharged employee with a written notice of the discharge indi-
cating the effective date and the specific reasons for the dis-
charge. A permanent career employee shall be notified of his
right of appeal as provided in Article V, Section 3.
G. Death. When a permanent employee dies while in the
classified service, his estate shall be eligible to receive the accu-
mulated annual leave and other compensation due the deceased
employee.
H. Retirement. Provisions of any Retirement Resolution
which may be adopted shall apply.
Section 10. Reinstatement. An employee who has been
separated because of reduction in force or who has resigned
while in good standing shall be credited with his previously ac-
crued sick leave if he is reinstated within five years. If the rein-
stated employee shall have continued to be a member of either
Employees Retirement System or the Peace Officers Benefit
and Retirement Fund, he shall receive full credit for all accrued
contributions to the time of his separation.
ARTICLE V. DISCIPLINARY ACTIONS, APPEALS,
GRIEVANCES
Section 1. Types of Disciplinary Action. Except as
otherwise provided by General Statutes of the State of Georgia,
the following provisions shall govern disciplinary actions affect-
ing employees in the classified service. An appointing authority,
subject to the appeal rights of the employee stated herein, shall
have the following alternatives for disciplinary action:
A. Dismissals. See Article IV, Section 8, paragraph F.
B. Suspension. The department head or the appointing au-
thority may, for disciplinary purposes, suspend without pay any
employee in his department for a length of time as he considers
appropriate, not exceeding ten working days. A written state-
ment specifically setting forth reasons for such suspension shall
be furnished to the affected employee by his appointing author-
ity and a copy filed with the Personnel Officer. An employee
may be suspended for a longer period pending the investigation
4948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or trial of any charges against him. The fact that a person is
acquitted of any charges or that the charges are dropped does
not necessarily mean the suspension or other disciplinary action
will be revoked. A permanent career employee shall be notified
of his right of appeal as provided in Article V, Section 3.
C. Demotions. The department head of the appointing au-
thority may reduce the salary of an employee within the range
provided in the Pay Plan or demote the employee for cause to a
lower grade. A written statement of the reasons for any such ac-
tion shall be furnished to the affected employee by his ap-
pointing authority and a copy filed with the Personnel Officer at
least five days prior to the proposed effective date of the action.
A permanent career employee shall be notified of his right of
appeal as provided in Article V, Section 3.
Section 2. Reasons for Disciplinary Actions. Listed
below are some of the reasons which might be cause for discipli-
nary action referred to in this Ordinance, but disciplinary action
is not limited to the offenses listed:
1. Insubordination, refusal to carry out legitimate work di-
rectives, or uncooperative attitude, tending to lower dis-
cipline and moral.
2. Failure to do work at an acceptable level of competence
as determined by department head (may include exces-
sive tardiness, lost time, or inefficiency).
3. Conviction of a felony or crime involving moral
turpitude.
4. Inexcusable absence without leave.
5. Abuse or misuse of county property or vehicles.
6. Willfully giving false statements to supervisors, officials,
the public, or boards.
7. Violation of county resolutions, administrative regula-
tions or departmental rules.
GEORGIA LAWS 1981 SESSION
4949
8. Drinking of alcholic beverages or use of illegal non-pre-
scription drugs while working, or outside working hours
in such a manner as to adversely affect attendance or job
performance.
9. Discovery of a false statement in an application which
had not been detected previously.
10. Acceptance of gratuities in conflict with Article 10.
11. Physical or mental disability which precludes satisfactory
performance of duties or refusal to be examined by a
county authorized, licensed physician when so directed.
12. Political activity in conflict with Article XIII.
13. Acts during or outside of duty hours which are incompat-
ible with the public service.
14. Discourteous treatment of the public or other employees.
Section 3. Appeals. A. Employees Eligible for Ap-
peal. Any permanent-status career employee who has been de-
moted for cause, suspended, or dismissed shall have the right of
appeal to the Board of Commissioners of Appling County. The
employee or his authorized agent shall file such an appeal in
writing, with the office of the Personnel Officer, within five work
days of the effective date of such action and shall file a copy of
such an appeal at the same time with his appointing authority.
B. Time and Place of Hearing. The Appling County
Board of Commissioners shall set a time and place for a hearing
to be held not less than five or more than twenty working days
after receipt of the request and shall notify the employee
thereof.
C. Hearing Procedures. Hearings shall be conducted in-
formally and technical rules of evidence shall not apply. All tes-
timony shall be under oath. A majority vote of the members of
the Appling County Board of Commissioners shall be final.
D. Notification of Results of Hearing. The affected em-
4950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ployee shall be promptly notified in writing by the Personnel Of-
ficer of the final determination with respect to the disciplinary
action.
In the event the Appling County Board of Commissioners
finds that the disciplinary action was not well founded, the af-
fected employee shall be paid in full for such portion of time as
he was unjustly suspended, reduced in pay, or removed. In the
event that the disciplinary action taken was removal or reduc-
tion in pay, the employee affected shall be restored to his former
position and pay status, or to a position in the same class and
pay status.
E. Rules for Conduct of Appeals. 1. The time limits
specified above may be extended to a definite date by mutual
agreement of the employee and the reviewer concerned.
2. The employee may request the assistance of another per-
son of his own choosing in preparing and presenting his appeal
to any level of review.
3. The employee and his representative may be privileged to
use a reasonable amount of work time as determined by the ap-
propriate department head in conferring about and presenting
the appeal.
4. Employees shall be assured freedom from reprisal for us-
ing the appeals or grievance procedures.
Section 4. Grievances. A. Policy. It is the policy of the
County Government to foster employee satisfaction and to give
careful consideration and attention to any complaint. For the
purposes of this rule, a grievance shall be considered to be any
matter concerning an employees status or conditions of employ-
ment for which appeal to the Appling County Board of Commis-
sioners is not provided in these policies.
B. General Procedures. 1. An employee may submit a
complaint on a continuing condition or action at any time. For
other specific one-time occurrances, the employee must submit
the initial complaint within five work days from the date the
matter arose. Otherwise it will not be accepted.
GEORGIA LAWS 1981 SESSION
4951
2. An employee desiring to continue a grievance to a higher
step must submit it within three work days after receiving the
lower step decision, or within three work days after any manage-
ment official fails to observe the time limits established by this
procedure. Otherwise, the grievance will be cancelled.
3. If the employee complaint is the result of an action or de-
cision of a management official above the first line supervisor,
the initial complaint will be submitted to that person.
4. For each grievance a file will be maintained of all written
material submitted by the employee or management for use at
every step.
5. Rules for conduct of appeals listed under Section 3 E shall
also apply to grievances.
6. Informal discussions and meetings will be held within
three days from receipt of the complaint. Formal hearings will
be held within 10 days from the date of the filing of written
complaint or notice of appeal.
7. Written grievances must explain the complaint and what
remedy is sought.
8. Employees cannot use this procedure to complain about
any proper order, directive, regulation, policy, or administrative
decision issued by any supervisor or management official who is
acting within his delegated authority. If there is reasonable evi-
dence that proper authority has been exceeded, this procedure
may be used to challenge this issue.
C. Informal Grievance Procedure. Step 1. An em-
ployee submitting a grievance for the first time must discuss it
informally with the immediate supervisor unless the complaint
resulted from an action of a higher level manager. The employee
will be given an oral decision within three days after the
discussion.
Step 2. If the employee is not satisfied with the decision in
Step 1, or the supervisor fails to comply with the time limits
established in this procedure, the employee may continue the
4952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
grievance by discussing it with his supervisors immediate supe-
rior, if any, in the administrative service. Every effort should be
made to find an acceptable solution by informal means at the
lowest possible level of supervision. If the employee is not in
agreement with the decision reached by informal discussion, he
shall then have the right to file a formal grievance in writing
within five work days after receiving the informal decision or
decisions.
D. Formal Grievance Procedure. If the employee is not
in agreement with the decision reached under the informal
grievance procedure, he may present his complaint in writing to
his department head. The department head shall discuss the
grievance with the employee, his representative, if any and with
other appropriate persons. The department head shall render
his decision and comments in writing, and return them to the
employee within five work days after receiving the appeal. The
decision of the department head shall be final, except in those
cases outlined in Section III of this Article.
ARTICLE VI. ATTENDANCE AND LEAVE
Section 1. Hours of Work. The work week for full-time
employees in the career service shall be established by the ap-
pointing authority, and shall be the same for all persons occupy-
ing full-time positions in the same class under the same
conditions.
The work schedules for each department shall be established
by the department head or appointing authority. For pay pur-
poses, the normal work week shall be 40 hours per week, except
for Jailer - Dispatchers, Sheriffs Deputies and Emergency Medi-
cal Technicians.
Section 2. Attendance. Each department head shall be
responsible for the punctual attendance of all employees under
his administrative supervision and shall keep such attendance
records as shall be required by the Appling County Board of
Commissioners. Leave shall be authorized in units of days or
hours only.
Section 3. Overtime. Supervisors shall arrange the work
GEORGIA LAWS 1981 SESSION
4953
schedules of their employees so as to accomplish the required
work within the standard work day. Employees shall be required
to work overtime only in emergencies, and the supervisor may
order extensive overtime only with the prior approval of the
County Administrator. Overtime work shall be considered work
performed by an employee at the direction of a department head
or his authorized representative which exceeds the regularly
scheduled work week. Overtime shall be straight time for over-
time worked at the employees regular rate of pay.
Section 4. Holidays. A. General Policy: Holidays
Designated. It shall be the policy of the County to insure that
all permanent full-time employees enjoy the same number of
holidays each year. In order to achieve this end, seven eight-
hour working days leave shall be added to the vacation leave for
each full-time permanent employee working on a shift basis. All
other full-time permanent employees shall be eligible for holiday
leave for the following days: New Years Day, Independance
Day, Labor Day, Thanksgiving (2 days) and Christmas (2 days).
Permanent employees working less than full-time shall also be
eligible to the above named holidays with pay for their regular
number of hours at their regular rate of pay. In order to receive
pay for an observed holiday, an employee must not have been
absent without leave on either the work day immediately before
or the work day immediately after the holiday.
B. Official Holiday Which Falls on Saturday or Sun-
day. When a holiday falls on Saturday or Sunday, the Board of
Commissioners shall designate another day in lieu of the
holiday.
Section 5. Annual (Vacation). A. Persons Entitled.
All permanent employees, working full or part-time, and career
employees serving temporarily in substitute or acting capacities,
are eligible to accrue vacation leave as outlined in C below.
Temporary, seasonal and other part-time or substitute employ-
ees are not eligible for vacation leave.
B. Accrual of Vacation Leave. Full time eligible employ-
ees shall accrue vacation leave as follows: Hourly wage employ-
ees accrue 40 hours leave time in each year beginning with the
first day of employment and accumulating at the rate of 3 Vs
4954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hours per month over the twelve month period. Salaried employ-
ees accrue ten days of leave time in each year beginning with the
first day of employment and accumulating at the rate of 5/6 of a
day per month over the twelve month period. Vacation time may
be used only after six months of continuous employment.
Should an employee quit or be discharged prior to completion of
six months continuous employment he shall not be deemed to
have accumulated compensable time off and shall receive no pay
for leave time accrued and not taken. Subsequent to six months
of continuous service to the county, an employee shall be paid
for accumulated and unused Annual leave time should he or she
leave the employ of the county for what ever reason. Annual
leave time may be accumulated in amounts up to 80 hours by
hourly employees and up to 30 days by salaried employees. A
department head may authorize straight time pay in lieu of an-
nual leave if departmental work requirements prohibit granting
or part or all of the employees annual leave. With prior ap-
proval of the Council Commissioners a department may cease
operations completely for a period of time so as to allow all em-
ployees of that department to take annual leave at the same
time. An employee may take paid annual leave only in the
amounts accrued to his account. However, if the employees job
performance and job retention prospects are good then the de-
partment head may authorize the advance to that employee of
annual leave time providing the total time earned and advanced
does not exceed one years accrual. Employees shall be charged
with one-half-day unpaid annual leave for each days unautho-
rized absence from work. Authorized leave shall be as follows:
paid holidays, approved sick leave, court duty and other leave
approved by the appropriate department head or the County
Commissioners. Employees working 24 hour duty days shall
be charged two leave days for each duty day taken. For pur-
poses of this section, sheriff department employees are con-
strued as being entitled to annual leave equal to one-weeks nor-
mal work or six days. This will accumulate at the rate of one
half day per month. For purposes of maintaining records all
leave time shall be expressed in hours with 8 hours being consid-
ered as the normal work day regardless on number of hours ac-
tually worked. Annual leave pay is to be calculated in the same
manner.
C. Time for Using Vacation Leave. Vacation leave as-
GEORGIA LAWS 1981 SESSION
4955
signments will be made in accordance with the preference of the
employee where possible; however, leave must be taken at the
convenience of the department, and the department heads deci-
sion as to when leave may or may not be taken will be final.
Seniority will be a major factor when preparing leave schedules.
Section 6. Sick Leave. A. Sick Leave Defined. Sick
leave is paid leave that may be granted to each eligible employee
who, through sickness or injury, becomes incapacitated to a de-
gree that makes it impossible for him to perform the duties of
his position, who is quarantined by a physician because he has
been exposed to a contagious disease, or for medical, dental, or
optical examination or treatment. Up to three days sick leave
per year may be used for emergency personal leave if specifically
approved by the appropriate department head.
B. Persons Entitled. All permanent employees, working
full or part-time, and career employees serving temporarily in
substitute or acting capacities, are eligible to accrue sick leave as
outlined in D below. Temporary, seasonal, and other part-
time or substitute employees are not eligible for sick leave.
C. Sick Leave for On-the-Job Injury. An employee who
sustains an injury on the job must at the time of the injury or as
soon as possible thereafter notify the supervisor on the form
provided. The Personnel Officer shall review the case and make
his recommendations for the appropriate compensation. If the
injury necessitates the employees absence from work the em-
ployee shall be paid his regular salary for two pay periods (four
weeks), but must turn in the portion or Workmens Compensa-
tion paid for salary compensation as soon as received. For ab-
sences of more than four weeks, the employee will be paid only
that amount paid by Workmens Compensation for time in ex-
cess of that first four weeks.
D. Accrual of Sick Leave. Full-time eligible employees
shall accrue sick leave at the rate of one eight-hour working day
per month, or major portion thereof, for a total of twelve such
days per year. If unused, up to ten days sick leave may be car-
ried over each year and added to previously accumulated sick
leave. Sick leave may be accumulated up to 60 days at the rate
of no more than ten days per year. Permanent employees work-
4956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing less than full-time shall have their sick leave reduced pro-
portionately as their normal hours of work are to the 40-hour
work week. Sick leave time shall accrue from the date of em-
ployment, but no employee shall be entitled to receive sick leave
time until he shall have completed ninety days of service. An
employee who has taken sixteen or more calendar days sick
leave with or without pay in one month shall not earn sick leave
credit for that month. For purposes of accumulating sick leave,
full-time employees of all departments shall be considered to be
working a 40-hour week, a week so designated by the depart-
ment head. Employees working 24-hour duty calls shall be
charged two leave days for each duty day taken.
E. Reporting of Sick Leave. An employee who is absent
from work because of illness is responsible for reporting to the
appropriate supervisor or department head within two hours af-
ter the designated reporting time on the day of absence, and will
be expected to keep his supervisor or department head informed
of his progress on a regular basis; such leave will be charged
against sick leave. Where a relief employee is required in a de-
partment which must provide 24 hours sustained service, the
employee must report his absence two hours before the desig-
nated reporting time. In the event of failure of compliance with
this provision, the employee will be charged on the payroll with
leave without pay.
F. Use of Sick Leave. Sick leave is not to be considered a
right which an employee may use at his discretion, but a privi-
lege not to be abused. Department heads who feel an employee
is abusing the sick leave privilege may require the employee to
furnish a doctors certificate for each period or absence regard-
less of the provisions of G below.
G. Doctors Certificate. When sick leave with pay exceeds
three consecutive working day the department head or ap-
pointing authority may require presentation of a written state-
ment by a licensed physician, or dentist, certifying that the em-
ployees condition prevented him from performing the duties of
his position.
H. Sick Leave on Termination of Employment. An
employee, upon separation from the county service, shall not re-
GEORGIA LAWS 1981 SESSION
4957
ceive payment for accumulated sick leave.
Section 7. Military Leave. Military leave shall be consid-
ered to be leave without pay and all the rules, procedures, and
rights outlined in Section X of this Ordinance shall apply.
Section 8. Civil Leave. Any employee shall be given nec-
essary time off without loss of pay when performing jury duty or
when required by proper authority to be a witness in legal pro-
ceedings, provided such call to duty is reported in advance to
the individuals department head. In order to receive regular
pay, the employee must return to work within a reasonable pe-
riod of time when not required to be present by the Judge.
Section 9. Maternity Leave. Maternity leave shall be
granted to merit system employees upon written request filed by
the employee at least two weeks prior to effective date (unless
emergency conditions prohibit the filing of such prior notice, in
which case it shall be filed as soon as possible). Time for begin-
ning of maternity leave shall be when the employee, with the
approval of her doctor, deems she is no longer able to carry out
the duties and responsibilities of her position. Time for termina-
tion of maternity leave shall be when the employees doctor cer-
tifies that she is able to return to work. Maternity leave shall
consist of the following: Use of any accumulated sick and annual
leave, at the expiration of which permanent-status career em-
ployees may apply to the Department Head for leave without
pay as prescribed in Section 10 of this Article. Re-employment
rights available to employees granted leave without pay shall ap-
ply to employee granted leave without pay because of pregnancy
and childbirth.
Section 10. Leave Without Pay. A. Leave Without
Pay Defined. When it is deemed in the best interest of the
County service, a permanent status career employee may be
granted leave without pay for personal or other reason, provided
such leave is approved by the department head. Non-career em-
ployees are not eligible for grants for leave without pay.
B. Reasons for Granting. The County Commission, on
recommendation of the County Administrator and the Depart-
ment Head, may grant leave without pay for a period not to ex-
4958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ceed one year, when it is deemed to be in the best interest of the
County. Valid reasons shall include, but not be confined to, the
following: prolonged illness or disability of the employee or a
member of the employees household, educational or training en-
richment, pregnancy and childbirth, and military service.
C. Procedure for Requesting Leave Without Pay.
Application for leave without pay shall be submitted in writing
in advance showing the employees reason for requesting such
leave and shall contain a statement that he intends to return to
the county service upon expiration of such leave, and he agrees
to the terms and conditions as outlined in these Policies. In
emergency situations, when an employee does not have accrued
leave and is unable to return to work as scheduled as a result of
illness or emergency reasons, his department head may approve
the granting of leave without pay without prior application by
the employee, or the Personnel Officer may investigate and
make such recommendations in the absence of the department
head.
D. Temporary Filling of Positions of Employee on
Leave Without Pay. During the employees approved leave of
absence, his position may be filled by temporary appointment or
substitution. At the expiration of leave without pay, the em-
ployee (subject to E below) shall be reinstated in his former
position without loss of status or benefits.
E. Rights of Employee on Leave Without Pay.
1. Reinstatement to Former Position. Employees
granted leave without pay not exceeding two calendar months
shall be entitled to reinstatement in their former positions. For
employees granted leave without pay exceeding two calendar
months, every effort will be made to return the employee to his
former position or to a comparable one. He shall be listed on
reemployment lists in the same manner as employees who are
laid off in good standing.
2. Continuity of Service. Employees granted leave with-
out pay shall not be considered to have effected a break in ser-
vice except as outlined below:
GEORGIA LAWS 1981 SESSION
4959
a. In the case of probational status employee (from promo-
tional appointment), the effective date of the end of the
probationary period shall be adjusted month for month
for each month he is on leave without pay.
b. For purposes of Retirement benefits for eligible employ-
ees, breaks in service shall be as defined in the Retire-
ment Resolution.
c. Continuation of Insurance benefits for eligible employees
during the time the employee is on leave without pay
shall be in accordance with the provisions of employee
group insurance contracts, and providing that such em-
ployees reimburse the county for the cost of premiums on
such insurance during the leave period.
d. Employees granted leave without pay under this policy
shall not accrue sick and annual leave while in leave sta-
tus. However, any sick leave accrued at the time leave is
granted shall be continued upon return to duty. Any em-
ployee who fails to return to duty and is terminated shall
forfeit any sick leave that had been accumulated.
ARTICLE VII. EMPLOYEE DEVELOPMENT
Section 1. In-Service Training. The Department Head
shall be responsible for fostering and promoting in-service train-
ing of employees for the purpose of improving the quality of ser-
vice and to assist employees in preparing themselves for
advancement.
Section 2. Educational Enrichment. Upon the recom-
mendation of the County Administrator and the approval of the
Appling County Board of Commissioners, an employee may re-
ceive payment for the cost of tuition and books for any job re-
taken during employee-off-duty hours unless it is necessary
training for the job which is specifically approved by the County
Administrator. In case of necessary training for the job which
involves travel, the County Administrator may also approve
compensation based on regular county travel policies.
Section 3. Retirement System. Provisions for Retire-
4960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment System for county employees shall be as outlined in any
Retirement Ordinance or Resolution passed or amended by the
Board of Commissioners of Appling County.
Section 4. Insurance Benefits. Provisions for group in-
surance and group medical coverage for employees shall be as
outlined in existing group contracts and plans, or as they may be
amended.
Section 5. Uniforms and Equipment. Uniforms for
Sheriffs department employees and such other employees as the
Board of County Commissioners may authorize may be fur-
nished. Equipment deemed essential to job performance may
also be furnished if authorized by the Board of County
Commissioners.
ARTICLE VIII. RECORDS AND REPORTS
Section 1. Records Open to Public. All personnel
records, except examination, employee performance reports, per-
sonnel histories, and such others as may be specified in these
rules or by action of the Personnel Officer as confidential, shall
be public records and shall be open for public inspection during
office hours and reasonable times in accordance with such proce-
dures as the Personnel Officer may prescribe.
Section 2. Establishment and Retention of Records.
There shall be established and maintained such personnel
records as the Appling County Board of Commissioners deems
necessary for the administration of the merit system. The Per-
sonnel Officer, with the approval of the Appling County Board
of Commissioners, shall prescribe the form and scope of these
records. When not in conflict with state or federal laws, the
County Commissioners shall determine the time limit that per-
sonnel records shall be kept on file, and shall determine the final
disposition of such records.
Section 3. Employee Performance Reports. Immedi-
ate supervisors shall initiate performance reports in such form
and at such times as directed by the County Administrator. Per-
formance reports shall be reviewed and approved by the depart-
ment head, the County Administrator and the Board of Com-
GEORGIA LAWS 1981 SESSION
4961
missioners prior to the granting of merit increases. Reports of
substandard performance shall be reviewed and signed by af-
fected employees prior to their submission to the Appling
County Board of Commissioners.
ARTICLE IX. OUTSIDE EMPLOYMENT
No employee shall engage in any other employment or in any
private business, or in the conduct of a profession, during the
hours for which he is employed to work for the county, or
outside such hours in a manner or to an extent that affects or is
deemed likely to affect his usefulness as an employee of the
county. Toward this end, all outside employment must be re-
ported to and approved by the employees department head.
ARTICLE X. ACCEPTANCE OF GIFTS AND
GRATUITIES
An employee shall not accept gifts, kick-backs, tips, gratuities
or loans from organizations, business concerns, or individuals
with whom he has official relationships on business of the county
government. These limitations do not apply to articles of negligi-
ble value nor loans from regular lending institutions, nor shall
they prohibit employees from accepting social courtesies which
promote good public relations. It is particularly important, how-
ever, that inspectors, contracting or procurement officers, and
enforcement officers guard against relationship which might be
construed as evidence of favoritism, coercion, unfair advantage,
or collusion.
ARTICLE XI. USE OF COUNTY VEHICLES
Employees driving county vehicles are required to have such
drivers licenses for the vehicles being driven as is required by
Georgia state law, irrespective of whether the employee drives
the vehicle on regular, occasional of other basis, and whether or
not this requirement is included or omitted in the description of
the class to which the employee was appointed. Violation cita-
tions, fines, or other actions taken by any police jurisdiction
against any employee while driving a county vehicle in violation
of this rule shall be the responsibility of the employee and may
be cause for disciplinary action. Any misusing or abusing county
4962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vehicles, using a county vehicle for other than approved pur-
poses, or taking a vehicle home when not approved by the ap-
pointing authority or the County Administrator shall be subject
to appropriate disciplinary action, including dismissal if deemed
appropriate.
ARTICLE XII. AGREEMENTS AUTHORIZED
A. The government is authorized and empowered to enter
into reciprocal agreements, upon such items as may be
agreed upon, for the use of equipment, materials, facili-
ties, and services with any public agency or body for
purposes deemed of benefit to the public personnel
system.
B. The personnel officer, acting in behalf of the Appling
County Board of Commissioners may cooperate with
other governmental agencies charged with public person-
nel administration in conducting personnel tests, recruit-
ing personnel, training personnel, establishing lists from
which eligibles shall be certified for appointment and for
the interchange of personnel and their benefits.
ARTICLE XIII. POLITICAL ACTIVITIES
A. No Appling County employee in the career service shall
offer for or hold any elective public office with the excep-
tion of county school board member nor shall he give or
solicit any contributions or assessments, or publicly en-
dorse any candidate for any city or county office.
B. Nothing herein contained shall affect the right of an em-
ployee to contribute to, hold membership in, serve as an
officer of, or support a political party, to vote as he
chooses, to support or campaign for privately his opin-
ions on all political subjects and candidates, to maintain
political neutrality or to attend political meetings.
ARTICLE XIV. UNLAWFUL ACTS PROHIBITED
A. No person shall make any false statements, certificates,
mark or reports with regard to any test, certification, or
GEORGIA LAWS 1981 SESSION
4963
appointment made under any provision of this law or in
any matter commit or attempt to commit any fraud
preventing the impartial execution of this law and
policies.
B. No person shall, directly or indirectly, give, render, pay,
offer, solicit or accept any money, service, or other valua-
ble consideration for any appointment, proposed ap-
pointment, promotion, or proposed promotion to, or any
advantage in, a position in the career service.
C. No employee of personnel department, examiner, or
other person shall defeat, deceive or obstruct any person
in his right under the law, or furnish to any person any
special or secret information for the purpose of affecting
the rights or prospects of any person with respect to em-
ployment in the career service.
ARTICLE XV. PENALTIES
Any person who willfully violates any provision of this Ordi-
nance or of the personnel policies established thereunder may,
upon action of the proper authority as outlined in the Personnel
Policies, have one of the following judgments rendered:
1. Dismissal from government service.
2. Demotion in rank or grade.
3. Suspension for a period of time not to exceed thirty days.
4. Ineligibility for appointment to or employment in a position
in the government service for a period of time or
indefinitely.
ARTICLE XVI. STATUS OF PRESENT EMPLOYEES
Employees holding positions in the career service herein for
six months or more immediately prior to the adoption of this
ordinance shall be continued in their respective positions with-
out further examination, until separated from their positions as
provided by law. Those holding positions for less than six
months immediately prior to the adoption of this law shall serve
a probationary period of ninety days. Those who shall have
failed to qualify as provided herein shall be dismissed from their
4964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
positions within 30 days after establishment of an eligible list for
their respective positions.
ARTICLE XVII. SEPARABILITY
If any provision of this law, or if any policy or other thereun-
der, or the application of such provision to any person or cir-
cumstance, shall be held invalid, the remainder of this law, and
the application of such provision of this law of such policy, or
order to persons or circumstances other than those to which it is
held invalid, shall not be affected thereby.
ARTICLE XVIII. REPEALER
Any ordinances or rules and regulations previously adopted by
Appling County which may be in conflict with this act are
hereby repealed.
ARTICLE XIX. OFFICIAL COPY
The official copy of this Ordinance and of the Personnel Poli-
cies shall be attested by, and placed upon file with the Appling
County Board of Commissioners.
ARTICLE XX. EFFECTIVE DATE
This Ordinance shall take effect immediately upon enactment.
ARTICLE XXI. ENACTMENT
At a regular meeting of the Board of Commissioners of Ap-
pling County held on the 4th day of December, 1980 this Ordi-
nance entitled THE PERSONNEL MANAGEMENT ORDI-
NANCE OF APPLING COUNTY, having been rtid at two
regular consecutive meetings and properly published in the offi-
cial organ of Appling County, on motion made and seconded is
adopted and ordained as an ordinance of Appling County pursu-
ant to the County Home Rule Laws, Article 9, Section 2, Para-
graph 1 of the GEORGIA CONSTITUTION OF 1976.
/s/ Norman Hollis
Chairman
GEORGIA LAWS 1981 SESSION
4965
Attest:
/s/ John R. Windham
Clerk
State of Georgia, County of Appling
I, Max Gardner, Editor and Publisher of THE BAXLEY
NEWS BANNER, certify that the following synopsis of the Per-
sonnel Management Ordinance of Appling County, Georgia, was
published in THE BAXLEY NEWS BANNER on November 6,
13, 20 and 27, 1980.
Date 12-2-80 /s/ Max Gardner
Editor and Publisher
The Baxley News Banner
Attest
/s/ Helen Gardner
NOTICE OF INTENT TO ADOPT A LOCAL ORDINANCE
The Appling County Board of Commissioners intends to adopt
an ordinance entitled The Personnel Management Ordinance
of Appling County. First reading of this Ordinance was made at
a regular meeting of the Appling County Board of Commission-
ers held on November 4, 1980. The second reading and enact-
ment will take place at the regular meeting in December, 1980.
The complete Ordinance is available for review during normal
business hours at the office of the Clerk of Superior Court for
Appling County, Courthouse Annex, Baxley, Georgia and at the
offices of the Appling County Board of Commissioners, 100 Oak
Street, Baxley, Georgia. A synopsis of the Ordinance appears
below.
The Personnel Management Ordinance of Appling County A
Synopsis
This Ordinance governs the appointment, classification, sal-
ary, promotion, demotion, dismissal, and conditions of employ-
ment of the employees of Appling County.
The personnel system established by this Ordinance is consis-
4966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tent with merit principles so as to assure: Recruiting, selecting
and advancing employees on the basis of their relative ability,
knowledge and skills; Providing equitable and adequate compen-
sation; Training; Retaining or separating employees on the basis
of their performance; Assuring fair treatment without regard to
political affiliation, race, color, national origin, sex or religion;
Assuring that employees are protected against coercion for parti-
san political purposes.
Basic responsibility for administration of this Ordinance is
with the County Commissioners and provisions is made for the
appointment of a personnel officer. The Constitutional Of-
ficers are designated as appointing authorities for their employ-
ees within the limitations of the budget. The County Commis-
sion is the appointing authority for all other employees.
The Ordinance provides for a Classification Plan, Salary Plan
and the administration there of. Methods and procedures of ap-
plication, appointment, probation, separation and reinstatement
are also provided. Disciplinary actions, appeals and grievances
are described and provided for as well as is attendance and re-
lease time.
This Ordinance will be adopted pursuant to the provisions of
the County Home Rule Laws, Article 9, Section 2, Paragraph 1
of Georgia Constitution of 1976.
Appling County Board of
Commissioners
John Windham, County Adminis-
trator-Clerk
11-27C
I, John R. Windham, Clerk of Appling County Board of Com-
missioners, am the person charged with keeping the minutes of
said Board meetings and I certify that the attached twenty-four
(24) pages of manuscript entitled THE PERSONNEL MAN-
AGEMENT ORDINANCE OF APPLING COUNTY was
adopted by the Board in a regular meeting held on December 4,
GEORGIA LAWS 1981 SESSION
4967
1980.
/s/ John R. Windham
Clerk
12/5/80
Filed in the Office of Secretary of State December 8, 1980.
APPLING COUNTYFINANCIAL MANAGEMENT.
Be it ordained by the Board of Commissioners of Appling
County, Georgia that the following financial management poli-
cies be adopted as an Ordinance of Appling County for the pur-
poses herein after set forth.
ARTICLE I. PURPOSE
The purpose of this ordinance, to be known as THE FINAN-
CIAL MANAGEMENT ORDINANCE OF APPLING
COUNTY, is to provide for a system of financial administra-
tion, accounting, fiscal and budgetary control which conforms to
generally accepted accounting practices.
ARTICLE II. RESPONSIBILITY
The responsibility for the proper execution of the provisions
of this Financial Management Ordinance shall be with the
County Administrator except where the responsibility is explic-
itly given to the governing authority.
ARTICLE III. DEFINITIONS
ACCRUAL BASIS. The basis of accounting under which
revenues are recorded when earned or when levies are made, and
expenditures are recorded as soon as they result in liabilities,
notwithstanding that the receipt of the revenue or payment of
the expenditure may take place, in whole or in part, in another
4968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
accounting period.
APPROPRIATION. An authorization granted by the
Board of Commissioners to make expenditures or to incur obli-
gations for specific purposes.
APPROPRIATION BALANCE. Unencumbered balance
of appropriation or allotment, and unexpended balance of ap-
propriation or allotment.
ASSETS. Property of all kinds of a government, including
both current assets and fixed assets.
AUDIT. The examination of records, documents, reports,
systems of internal control, accounting and financial procedures,
and other evidence for one or more of the following purposes:
(a) To ascertain the statements prepared from the accounts
present fairly the financial position and the results of financial
operations of the constituent funds and balanced account groups
of the governmental unit in accordance with generally accepted
accounting principles applicable to governmental units and on a
basis consistent with that of the preceding year;
(b) To determine the propriety, legality, and mathematical
accuracy of a governmental units financial transactions;
(c) To ascertain whether all financial transactions have been
properly recorded; and
(d) To ascertain the stewardship of public officials who han-
dle and are responsible for the financial resources of a govern-
mental unit.
BALANCE SHEET. A statement ordinarily prepared from
books kept by double entry showing assets, liabilities, reserves
and surplus of a fund of a governmental unit at a specified date
properly classified to exhibit financial position of the fund or
unit at that date.
BUDGET. A plan of financial operation embodying an esti-
mate or proposed expenditures for a given time and the pro-
GEORGIA LAWS 1981 SESSION
4969
posed means of financing them. The Annual Budget refers to a
period of one year.
BUDGETARY CONTROL. The control or management
of a governmental unit in accordance with an approved budget
and keeping expenditures within the limitations of available ap-
propriations or revenues.
CASH BASIS. The system of accounting under which reve-
nues are accounted for only when received in cash, and expendi-
tures are accounted for only when paid.
CONTINGENT ACCOUNT. An appropriation to provide
for unforeseen expenditures.
CURRENT SURPLUS. The excess of the current assets
of a fund over its current liabilities and reserves.
DEBIT AND CREDIT. Terms commonly used to in-
dicate the manner in which a transaction is to be recorded.
Every entry on the left side of the ledger sheet is called a
debit. Every entry on the right side of the ledger sheet is
called a credit.
DEBT SERVICE. The amount of money necessary annu-
ally to pay the interest on the outstanding debt and the princi-
pal of maturing bonded debt not payable from a sinking fund
and to provide a fund for the redemption of bonds payable from
a sinking fund.
DELINQUENT TAXES. Taxes remaining unpaid on and
after the date on which a penalty for nonpayment is attached.
Even though the penalty may be abated or canceled, the unpaid
balances continue to be delinquent taxes until abated, canceled,
or converted into tax liens.
ENCUMBERANCES. Obligations in the form of purchase
orders, contracts or salary commitments which are chargeable to
an appropriation and for which a part of the appropriation is
reserved.
FUND. A sum of money or other resources (gross or net) set
4970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
aside for the purpose of carrying on specific activities or to at-
tain certain objectives in accordance with special regulations, re-
striction, or limitations. A fund is a distinct financial and legal
entity.
INTERNAL AUDIT. An audit made by persons on the
staff on the governmental unit whose accounts are being audited
primarily for the purpose of internal control. Note: An internal
audit is usually a continuous audit.
LIABILITIES. Liabilities are debts owed.
MILLAGE. A term used to express the property tax rate:
Derived from the term mill, which is 1 tenth of a cent. Thus,
10 mills equal one cent or 1%.
0.001 = 1 mill or 1/10 cent
0.010 = 10 mills or 1 cent =1%
0.100 = 100 mills or 10 cents = 10%
Millage is determined by dividing the Total amount of
money to be raised by the Total assessed value of the
County.
TAXES RECEIVABLE. The uncollected portion of taxes
which a governmental unit has levied.
TRUST FUNDS. Amounts received or appropriated and
held in trust in accordance with an agreement or legislative act
which may be expended only in accordance with the terms of
such trust or act.
ARTICLE IV. FISCAL YEAR
The Fiscal Year shall begin on January 1st and shall end on
December 31st.
ARTICLE V. BUDGET
Paragraph 1: An annual budget will be adopted by the Board
of Commissioners prior to the first day of the fiscal year. How-
ever, if for good and sufficient reasons the budget cannot be
GEORGIA LAWS 1981 SESSION
4971
adopted by the first day of the fiscal year, the budget shall be
adopted not later than 60 days subsequent thereto. If the budget
is not adopted prior to the beginning of the fiscal year, a resolu-
tion authorizing the continuation of necessary and essential ex-
penditures to operate the county shall be adopted prior to any
actual expenditure. The proposed budget shall be prepared by
the County Administrator and transmitted to the Board for its
review a minimum of thirty days before the required date of
adoption. The budget shall also be balanced.
Paragraph 2: (a) The Chairman of the Commission shall
name two members of the Board of Commissioners to assist and
advise the County Administrator in the preparation of the
budget. The three persons shall constitute a budget commission.
(b) The budget commission will receive departmental, of-
ficers and agency budget requests for the next fiscal year. These
requests must be prepared and transmitted to the budget com-
mission by October 1st of each year. The format of the submis-
sion will be as prescribed by the budget commission.
(c) Subsequent to receipt of the budget requests and prior to
November 1st, the budget commission will hold departmental
budget hearings. There will be one hearing for each requesting
department, office or agency. At this hearing the requestor will
by oral or written statement explain operational plans and
changes from current or previous years experience. Records will
be kept of this hearing but the purpose of the hearing will be to
develop an understanding between the participants as to the
reasoning behind the budget requests. To this end, courteous
and informal questions, answers and discussion will be
encouraged.
(d) The schedule of these hearings may be published. Ade-
quate provision for citizens comments on the budget will be
provided at a specific time. Citizens may attend departmental
hearings but comment and discussion will be limited to the
budget commission and the requesting body at this time.
(e) Within the month of October, the budget commission
will hold a special hearing for possible uses of General Revenue
Sharing Entitlement Funds. This hearing will be held at least 7
4972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
days prior to preparing the budget and advertised at least 10
days prior to the hearing. The hearing will be held at night and
every reasonable effort will be made to encourage attendance
and participation by all citizens with particular emphasis on the
attendance of the elderly.
(f) After departmental and General Revenue Sharing hear-
ings have been held, the County Administrator, with the assis-
tance of the other members of the budget commission, will pre-
pare and transmit the proposed budget to the Board of
Commissioners. The proposed budget will be published in sum-
mary form with the relationship of General Revenue Sharing
Entitlement Funds to the budget displayed. A public hearing
providing for oral and written statements from interested citi-
zens will be held by the full Board of Commissioners prior to
adoption. This hearng must be advertised at least 10 days prior
to the hearing.
(g) The Appling County Board of Commissioners will reserve
to themselves final decision on the budget and its provisions.
However, the enactment of the budget must be consistent with
Paragraph 1 of this Article.
(h) Adoption of the budget shall be accomplished by the ap-
proval of a budget resolution which specifies the anticipated rev-
enues by appropriate categories and the appropriated expendi-
tures for each department, office or agency covered by the
budget. Amendments to the budget shall be by resolution.
Paragraph 3: The County Administrator shall present the
statement of anticipated revenues on the basis of ordinary and
reasonable revenues which can be expected for the fiscal year.
Property tax revenue shall be based on the anticipated tax di-
gest, less a stated discount for delinquent taxes based on experi-
ence for the three prior years, plus a stated amount of delin-
quent taxes, including penalties and interest, to be collected in
the fiscal year based on experience for the three prior years.
Paragraph 4: Request for acquisition of equipment with an-
ticipated life of more than three years or anticipated cost of
more than $300.00 must be made and justified within operating
budgets. Proposals for capital construction projects must be
GEORGIA LAWS 1981 SESSION
4973
made and justified separately from operating budget.
Paragraph 5: Any agency, authority or entity requesting part
of its operating funds from the County, as precondition of ap-
proval, will be required to submit a budget showing the relation-
ship of county funds to relevant line item of recipients budget
and agree to submit to audit by outside independent auditors
approved or provided by the County. The audit report shall ex-
amine the actual use of county funds as compared to the uses as
proposed by the requesting agency or entity. Where the
Countys participation is less than $5,000.00 the Board of Com-
missioners may agree to substitute internal audit by county per-
sonnel for outside auditors.
Paragraph 6: No expenditures in any fund shall be legal or
proper unless appropriations adequate to meet that expenditure
have been made in the budget.
Paragraph 7: No expenditure of county funds from whatever
source may be made for a non-public purpose except that fed-
eral grant funds and local funds used as match may be used for
approved relocation assistance to home owners, tenants and
businesses when said relocation is in the public interest.
Paragraph 8: Any increase in appropriation in a departmen-
tal expense category whether accomplished through a change in
anticipated revenues or through a transfer of appropriations
among departments or nondepartmental expense, shall require
the approval by resolution of the Board of Commissioners. The
transfers of appropriations among the various line items of a de-
partmental budget or nondepartmental expense shall require
only the approval of the County Administrator. However, no
transfer within a departmental budget affecting the salary ap-
propriation whether increase or decrease shall be accomplished
without approval of the Board of Commissioners.
Paragraph 9: No appropriation transfer from a sinking fund
or debt retirement fund shall be made until all legal obligations
and requirements of such funds have been satisfied.
Paragraph 10: All appropriations which are not obligated at
the end of the fiscal year shall lapse and shall become a part of
4974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the planned and unencumbered surplus which may be appropri-
ated for the next fiscal year.
Paragraph 11: A department, if it desires, may submit a
planned statement of cash flow. In lieu of such submission the
County Administrator will anticipate that 1/12 of the annual ap-
propriation will be spent or encumbered each month. Actual cu-
mulative expenditures by department or nondepartment ex-
pense category must be within 80% and 110% of anticipated
cumulative monthly expenditures for the first nine months of
the fiscal year. During the last three months of the fiscal year,
cumulative expenditures must be within 95% and 100% of
planned cumulative totals. After the first six months, any
amount underspent (below 80%) will automatically reduce the
appropriation and that amount will be added to the planned
surplus. Any amount over spent will be allowed up to 100% of
the total appropriation. No expenditures beyond the appropria-
tion may be approved without a formal budget amendment.
With good and sufficient reason the County Administrator may
extend the cumulative limitations but in no instance may the
total appropriation be exceeded.
Paragraph 12: The Board of Commissioners may direct the
Financial Management Office to prepare regulations consistent
with this Article and to provide for the orderly enforcement and
implementation of its provisions. On approval of the Board of
Commissioners such regulations shall become effective in 30
days.
ARTICLE VI. ACCOUNTING
Paragraph 1: The following funds may be established and
shall be used as necessary to provide the proper accounting of all
financial activities of this County.
(a) The General Fund to account for the general govern-
ment operations and all financial transactions not properly ac-
counted for in another fund.
(b) Special Revenue Funds to account for the proceeds
of special revenue sources, other than special assessment, or to
finance specified activities as required by law or administrative
GEORGIA LAWS 1981 SESSION
4975
regulation.
(c) Debt Service Funds to account for the payment of in-
terest and principal on long term debt other than special assess-
ment and revenue bonds.
(d) Fixed Assets and Capital Projects to account for
the receipt and disbursement of monies including bond funds
used for acquisition of equipment or capital facilities other than
those financed by special assessment and enterprise funds.
(e) Enterprise Utility Funds to account for the financing
of services to the general public where all or most of the costs
involved are paid in the form of charges by users of such
services.
(f) Trust and Agency Funds to account for assets held by
a governmental unit as trustee or agent for individuals, private
organizations, and other governmental units.
(g) Intergovernmental Service Funds to account for
the financing of special activities and services performed by a
designated organization unit within the same governmental
jurisdiction.
(h) Special Assessment Funds to account for special as-
sessments levied to finance public improvements or services
deemed to benefit the properties against which the assessments
are levied.
Paragraph 2: A complete self-balancing group of accounts
shall be established and maintained for each fund used. This
group of accounts shall include all general ledger accounts and
subsidiary records necessary to reflect compliance with legal pro-
visions and to set forth the financial position and the results of
financial operations of the fund. In order to reflect the true fiscal
position of each account and to prove compliance with legal pro-
visions each fund should be self-balancing. This means that the
double-entry system of bookkeeping should be used. For each
account debited there is an offsetting credit and vice-versa. The
total of the credits and debits must equal each other. The
double-entry system provides a basis for checking the accuracy
4976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the information recorded to the accounts.
Paragraph 3: Additional Accounts, as follows, may be
maintained:
(a) A fixed assets account for the purpose of accounting for
those assets which (1) are of a tangible nature; (2) Have a life
longer than three years; and (3) Have a value greater than
$300.00. Fixed assets shall be removed from the account when
disposed of.
(b) A general long term debt account for the purpose of ac-
counting for long term debt which is supported by general reve-
nues and for recording and fairly representing the liability for
long term debt at any time from date of issuance until the debt
is retired.
In order to be recorded as a fixed asset, the item must meet
the three criteria in Paragraph 3a of this Article.
Paragraph 4: To extent possible, the modified accrual basis
of accounting shall be used so that expenditures, other than ac-
crued interest on long term debt, are recorded at the time liabili-
ties are incurred and revenues are recorded when cash is re-
ceived, except for material or available revenues which shall be
accrued to reflect properly the taxes levied and the revenues
earned. All receipts and disbursements shall be posted promptly
and at least on a monthly basis. To the extent possible, all in-
terfund transfers shall be cleared by the end of the fiscal year.
Paragraph 5: Financial statements and reports showing the
current conditions of budgetary accounts shall be prepared and
presented to the governing authority at least every three
months. Not later than three months after the close of the fiscal
year, a comprehensive annual financial report covering all funds
and financial operations shall be prepared and published. A
summary of this report, containing at least a statement of reve-
nues and expenditures as of the close of the preceding fiscal year
and the combined balance sheet for all funds and account
groups, will be published in a newspaper of general circulation in
the county.
GEORGIA LAWS 1981 SESSION
4977
Paragraph 6: All the funds, accounts and financial transac-
tions of the County shall be subjected to an annual audit by an
independent Certified Public Accountant who is to be selected
by the governing authority of the County.
The audit shall be conducted according to the standards set
forth in the American Institute of Certified Public Accountants
Publication, Audits of State and Local Governmental
Units.
ARTICLE VII. PURCHASING
Paragraph 1: The Board of Commissioners of Appling
County shall designate the County Administrator as the Chief
Purchasing Officer (CPO). The limit of the CPOs authority to
approve purchases shall be set by the Commissioners. The CPO
may appoint a subordinate purchasing officer with authority to
approve purchases not to exceed $100.00. The CPO may also
designate a purchasing clerk with no approval authority within
the limitations of budget appropriations.
Paragraph 2: The Chief Purchasing Officer and the
subordinate purchasing officer shall have the authority and it
shall be their duty:
(a) To purchase or contract for, within the limitations of the
law and in accordance with the regulations adopted by the
Board of Commissioners, all supplies, materials, equipment, and
contractual services which have been requisitioned and author-
ized by any department or agency which derives the major por-
tion of its financial support from the County.
(b) To purchase or procure for the County materials, sup-
plies, equipment, and contractual services from the lowest and
best bidder meeting the specifications.
(c) To sell or dispose of any County property which has be-
come unusable or obsolete in accordance with this resolution
and any rules, regulations, or other resolutions adopted by the
commission.
Paragraph 3: All purchases in excess of the approval author-
4978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ity of the Chief Purchasing Officer must be approved by the
Board of Commissioners.
Paragraph 4: The Chief Purchasing Officer must informally
seek three bids of all purchases in excess of $1,000.00. Failing to
secure three bids, the CPO must be able to show that he made a
good faith effort to obtain the same. All purchases or contracts
in excess of $5,000.00 must be formally advertised and bid. The
Chief Purchasing Officer may utilize State Contracts Purchasing
in lieu of bid procedures or an additional bidder.
Paragraph 5: Sole source purchases may be accomplished
when the vendor of goods or provider of services is:
(a) Another unit of government, educational institution, or a
division of county government.
(b) A professional firm or individual engaged in the practice
of Law, Accounting, Medicine, Engineering, Planning or
Consulting.
(c) The only source of an item that has been determined to
be specifically suited to the needs of the County. In this event,
the State Purchasing Office may be used to obtain spot bids.
Paragraph 6: The Chief Purchasing Officer is directed to pre-
pare any written regulations as may be necessary for the imple-
mentation of this Article. These regulations, upon approval by
the Board of Commissioners shall become effective 30 days after
adoption.
ARTICLE IX. SEPARABILITY
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
other sections, subsections, sentences clauses, or phrases of this
ordinance, which shall remain in full force and effect, as if the
section, subsection, clause, sentence, or phrase so declared or ad-
judged invalid or unconstitutional were not originally a part
hereof.
GEORGIA LAWS 1981 SESSION
4979
ARTICLE X. ENACTMENT
At a regular meeting of the Board of Commissioners of Ap-
pling County held on the 4th day of December 1980 this Ordi-
nance, entitled THE FINANCIAL MANAGEMENT ORDI-
NANCE OF APPLING COUNTY, having been read aloud at
two regular consecutive meetings and properly published in the
official county organ, on motion made and seconded is adopted
as an ordinance of Appling County pursuant to the provisions of
the County Home Rule Laws, Article 9, Section 2, Paragraph 1
of the GEORGIA CONSTITUTION of 1976.
/s/ Norman Hollis
Chairman
Attest:
/s/ John R. Windham
Clerk
State of Georgia, County of Appling
CERTIFICATION
I, Max Gardner, Editor and Publisher of THE BAXLEY
NEWS BANNER, certify that the following synopsis of the Fi-
nancial Management Ordinance of Appling County, Georgia, was
published in THE BAXLEY NEWS BANNER on November 6,
13, 20, and 27, 1980.
Date 12-2-80 /s/ Max Gardner
Editor and Publisher
The Baxley News Banner
Attest:
/s/ Helen Gardner
NOTICE OF INTENT TO ADOPT A LOCAL ORDINANCE
The Appling County Board of Commissioners intends to
adopt an ordinance entitled The Financial Management Ordi-
nance of Appling County. First reading of this Ordinance was
made at a regular meeting of the Appling County Board of Com-
4980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
missioners held on November 4, 1980. The second reading and
enactment will take place at the regular meeting in December,
1980. The complete Ordinance is available for review during nor-
mal business hours at the office of the Clerk of Superior Court of
Appling County, Courthouse Annex, Baxley, Georgia and at the
offices of the Appling County Board of Commissioners, 100 Oak
Street, Baxley, Georgia. A synopsis of the Ordinance appears
below.
The Financial Management Ordinance of Appling County A
Synopsis
The Purpose of this Ordinance is to provide for a system of
financial administration, accounting, fiscal and budgetary con-
trol which conforms to generally accepted accounting practices.
Responsibility for execution of the Ordinance lies with the
County Administrator except where explicitly given to the gov-
erning authority.
The Ordinance establishes the fiscal year as the calendar year.
It requires the adoption of a balanced annual budget prior to the
beginning of the year and describes the process of budget prepa-
ration, management and amendment. Interim spending limita-
tions are provided and budget overruns are prohibited.
A modified accrual basis of accounting is provided wherein ex-
penditures are recorded when liabilities are incurred and reve-
nues are recorded when received except that revenues from
taxes are recorded when levied. Quarterly financial and budget-
ary reports are required as well as annual audit.
The Ordinance designates the County Administrator as Chief
Purchasing Officer and provides for limits to his approval
authority.
The Ordinance is to be adopted pursuant to the provisions of
the County Home Rule Laws, Article 9, Section 2, Paragraph 1
GEORGIA LAWS 1981 SESSION
4981
of the Georgia Constitution of 1976.
Appling County Board
of Commissioners
John Windham, County
Administrator-Clerk
11-27C
I, John R. Windham, Clerk of Appling County Board of Com-
missioners, am the person charged with keeping the minutes of
said Board meetings and I certify that the attached ten (10)
pages of manuscript entitled THE FINANCIAL MANAGE-
MENT ORDINANCE OF APPLING COUNTY was adopted by
the Board in a regular meeting held on December 4, 1980.
/s/ John R. Windham
Clerk
Filed in the Office of Secretary of State December 8, 1980.
CLAYTON COUNTYPENSIONS.
RESOLUTION 80 - 25
A resolution to amend an act creating a system of pensions
and retirement pay for officers, deputies, and employees of Clay-
ton County and the Clayton County Water Authority, approved
April 5, 1971 (Georgia Laws 1971, p. 2917), as amended,
(Georgia Laws 1972, p. 3366) approved April 3, 1972, as
amended, (Georgia Laws 1975, p. 3682) approved April 17,
1975, is hereby further amended so as to extend coverage to
elected county officers; to provide for an exception; to define
full-time officers or employees; to provide a procedure whereby
certain members may reestablish credit for prior service; to
amend section 5. of the 1972 Act by striking in each and every
place that it may appear in said section, the language age of
fifty-six years, and inserting therefor in each and every place
4982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that the language age of fifty-six years appearsthe words,
age of sixty years; to add a new section 5. (a); so as to provide
for the composition of the board; to provide a severability
clause; to repeal conflicting laws; to provide an effective date;
and for other purposes.
Be it resolved by the Board of County Commissioners of Clay-
ton County, Georgia, and it is hereby resolved:
Section 1. That Section 1. of said Act is hereby repealed, in
its entirety, and a new Section 1. is enacted and shall read as
follows:
There is hereby authorized and created the Clayton County
Pension Board to consist of five members, one of whom shall be
the Chairman of the Board of Commissioners of Clayton
County, or his designee; one of whom shall be the Chairman of
the Clayton County Water Authority, or his designee; one of
whom shall be the Director of the Clayton County Civil Service
Board; one of whom shall be the Director of Finance/Comptrol-
ler of Clayton County. In the event the Chairman of the Board
of Commissioners of Clayton County and/or the Chairman of the
Clayton County Water Authority designate a representative to
serve on the Board in their respective places, the person so des-
ignated shall serve at the pleasure of the Chairman of the Board
of Commissioners of Clayton County as his designee, or at the
pleasure of the Chairman of the Clayton County Water Author-
ity as his designee. The fifth member of the Board shall be se-
lected by and appointed to the Pension Board by the four mem-
bers enumerated and must be a citizen of Clayton County, not
less than twenty-five years of age, and experienced in business or
professional work and not in the employment of the State, any
County, or Municipal government. In the case of a tie, the Se-
nior Judge of the Clayton Judicial Circuit shall appoint the fifth
member. The fifth member of the Board shall serve for a term of
four years or until his successor is selected and qualified. The
fifth member may succeed himself on the Board. Other members
shall serve on said Board by virtue of their elected or appointed
position.
Section 2. Said Act as referenced above and amended cre-
ating a system of pensions and retirement pay for officers, depu-
GEORGIA LAWS 1981 SESSION
4983
ties, and employees of Clayton County and the Clayton County
Water Authority, approved April 5, 1971 (GEORGIA LAWS
1971, p. 2917), and as amended (GEORGIA LAWS 1972, p.
3366) approved April 3, 1972, as amended, (GEORGIA LAWS
1975, p. 3682), is hereby further amended by striking from Sec-
tion 5. of the 1972 laws the words age of fifty-six years in each
and every place they appear, and inserting therefor, age of sixty
years in each and every place the words age of fifty-six years
appeared prior to this amendment.
Section 3. Said laws are further amended by adding a new
Section 5. (a) as follows:
Section 5. (a) For the purpose of this Resolution, as
amended, full-time officers, deputies, and employees shall be de-
fined as officers, deputies, and employees who, although not ac-
tually in the performance of a service for the County on a regu-
lar eight-hour day basis, are subject to being called by the
governing authority of Clayton County or Clayton County Water
Authority, to perform services or give advice on County matters
at any time their services are needed, and who receive their com-
pensation on a regular basis of monthly, semi-monthly, or regu-
lar bi-weekly pay periods for the services rendered. Officers, dep-
uties, and employees employed at the time this Amendment is
enacted or passed who qualify shall receive credit for such ser-
vice as prior service upon furnishing proper certification of such
service to the Pension Board.
Section 4. Should any word, phrase, sentence, or other pro-
vision of this Resolution be held to be unconstitutional or inva-
lid, it shall be restricted to that word, phrase, sentence or other
provision and shall not extend to the remainder of said Resolu-
tion which shall remain in full force and effect.
Section 5. All laws in conflict with this Resolution are
hereby expressly repealed.
Section 6. The effective date of this Resolution shall be
when approved by the Board of Commissioners of Clayton
County after the second reading of said Resolution provided said
Resolution receives an affirmative vote of three or more mem-
bers of the said Board of Commissioners and a copy of said Res-
4984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
olution has been filed with the Secretary of State of the State of
Georgia.
Adopted this the 16th day of December, 1980.
Clayton County Board of
Commissioners
/s/ Charley Griswell, Chairman
/s/ Loren B. Cheaves, Vice-
Chairman
/&/ Ed. P. Echols, Commissioner
/s/ Raymond E. Johnson,
Commissioner
/s/ Annie R. Ford, Commissioner
The first reading of the above and foregoing Resolution was held
at the regular meeting of the Board of County Commissioners of
Clayton County on December 2, 1980, with the following mem-
bers present and voting in favor: Vice Chairman Loren B.
Cheaves, Commissioner Ed P. Echols, Commissioner
Raymond E. Johnson and Commissioner Annie Ruth
Ford.
/s/ Milton Worsham, Clerk
Board of County
Commissioners
Clayton County
The second reading of the above and foregoing Resolution was
held at the regular meeting of the Board of County Commission-
ers of Clayton County on December 16, 1980, with the following
members present and voting in favor: Chairman Charley
Griswell, Vice Chairman Loren B. Cheaves, Commis-
sioner Ed P. Echols, Commissioner Raymond E. John-
son and Commissioner Annie Ruth Ford.
/s/ Milton Worsham, Clerk
Board of County
Commissioners
Clayton County
GEORGIA LAWS 1981 SESSION
4985
Attest:
/s/ Milton Worsham, Clerk
State of Georgia
County of Clayton
CERTIFICATION
This is to certify that a copy of the above and forgoing Reso-
lution has been received by this office and filed as is by law pro-
vided for the purpose of examination and inspection by the
public.
This, the 12th day of November, 1980.
/s/ Wanda M. Harper D/C
Clerk
Superior Court
Clayton Judicial Circuit
State of Georgia
County of Clayton
NOTICE OF INTENTION TO CONSIDER A RESOLUTION
AMENDING CLAYTON COUNTYCLAYTON COUNTY
WATER AUTHORITY SYSTEM OF PENSIONS AND
RETIREMENT PAY
Notice is hereby given that a resolution will be introduced
before the Board of Commissioners of Clayton County on De-
cember 2, 1980, and on December 16, 1980, to amend and Act
pertaining to Clayton County-Clayton County Water Authority
System of Pensions and Retirement Pay for County officers,
deputies, and employees of Clayton County and the Clayton
County Water Authority so as to amend GEORGIA LAWS 1971,
page 2917, as amended, GEORGIA LAWS 1972, page 3366, as
amended, and GEORGIA LAWS 1975, page 3682, so as to pro-
vide for the composition of the Board, to define fulltime officers
or employees, to provide procedures whereby certain officers or
employees may re-establish credit for prior service, so as to pro-
vide a maximum age limitation at the time of employment for
those qualified to receive retirement benefits, so as to repeal
4986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conflicting laws, to provide a severability clause; to provide an
effective date; and for other purposes.
A copy of said proposed Resolution to be introduced is on file
in the Office of the Clerk of Superior Court of Clayton County,
Clayton County Courthouse, Jonesboro, Georgia.
Milton Worsham, Clerk
Board of County Commissioners
Clayton County
State of Georgia
County of Clayton
PUBLISHERS AFFIDAVIT
Personally appeared before me, the undersigned officer duly
authorized by law to administer oaths, came, Jim Wood, who,
after being duly sworn states that he is the Publisher of the
News/Daily, legal organ for Clayton County and that the above
and forgoing Notice of Intention to Introduce a Resolution
before the Board of Commissioners of Clayton County was duly
published in the legal organ as is by law provided on November
13, November 23, and December 5, 1980.
/s/ Jim Wood, Publisher
News Daily
Sworn to and subscribed before me,
this the 10th day of December, 1980.
/s/ Brenda M. Morgan
Notary Public
(Seal)
Filed in the Office of Secretary of State December 18, 1980.
GEORGIA LAWS 1981 SESSION
4987
DEKALB COUNTYPENSION BOARD.
AN ORDINANCE
By the Board of Commissioners of DeKalb County under the
home rule provisions for the 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, so as to further amend said Act to provide for addi-
tional polling places for election of employee members as mem-
bers of the pension board, to provide for the supervision of said
election by the Board of Registrations and Elections, to provide
for the incumbent to be designated on the printed ballot, to pro-
vide for method of filling vacancies, to provide for the method of
determining the amount and payment of benefits, to provide for
the amount of contributions to be paid by the participants, to
provide for the amount of appropriations to be appropriated by
the governing authority of the county, to provide for the defini-
tion of total disability, to provide for annual review of disability
retirees, to provide for increased benefits for retirees 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 Con-
stitution of the State of Georgia, that the Act pertaining to the
DeKalb County Pension Board, known as Georgia Laws, 1962,
Page 3088 et seq. as amended, be and the same is hereby further
amended as follows:
I.
By striking in its entirety Section 1. of said Act and inserting
in lieu thereof a new section to be known and designated as Sec-
tion 1. to read as follows:
Sec. 1. Pension board created; composition; term; elec-
tion; qualifications; non voting members; vacancies.
That there is hereby authorized and created the Pension
Board of DeKalb County to consist of seven members, one of
whom shall be the chairman of the board of commissioners of
4988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
roads and revenues of DeKalb County, one of whom shall be
elected by the board of commissioners of roads and revenues of
said county, one of whom shall be the director of finance of
DeKalb County, one of whom shall be the director of the merit
system of DeKalb County, two shall be officers, employees or
deputies of DeKalb County subject to the provision of this Act,
elected at an election to be held on the second Monday in Janu-
ary, 1964, and every fourth year thereafter, on the second Mon-
day in January. Said election shall be conducted by the use of
secret ballots at some convenient place in the courthouse in
DeKalb County and such other places as the pension board shall
designate at least sixty (60) days prior to the election, under
three managers appointed by the Board of Registrations and
Elections. The said ballot shall be printed and designate the in-
cumbent, if any, and shall provide adequate space for write-in
candidates. The polling places shall be open from 8:00 A.M. un-
til 6:00 P.M., and every officer and employee and deputy of
DeKalb County subject to the provisions of this Act shall be en-
titled to one vote at said election.
The seventh member of the board shall be appointed by the
voting members and shall be a citizen of DeKalb County, not
less than thirty years of age and experienced in business or pro-
fessional work and not in the employment of any State, county,
or municipal government. In case of a tie, the board of commis-
sioners of roads and revenues of DeKalb County shall appoint
the seventh member. The elected and appointed members of the
board shall serve terms of four years and until their successors
are elected and qualified. All members of the board shall take an
oath faithfully to perform their duties under this Act and to ad-
minister the terms thereof. Provided however, that the director
of finance and the director of the merit system shall not have
the power to vote on any issue before the pension board at any
time. Vacancies occurring in positions shall be filled for the
unexpired terms in the same manner as they were originally
filled.
II.
By striking in its entirety Section 8. of said Act and inserting
in lieu thereof a new section to be known and designated as Sec-
tion 8. to read as follows:
GEORGIA LAWS 1981 SESSION
4989
Sec. 8. Payment of benefits.
Subject to certain increases effective January 1, 1981, as set
forth in Section 25, all participants who have retired or became
disabled prior to January 1, 1981, and who are receiving benefits
under this plan, or any predecessor plan, immediately prior to
January 1, 1981, shall continue to receive benefits in accordance
with the provision of the plan which was in effect at the date of
retirement or disability.
The remainder relates to the payment of benefits with respect
to participants retiring or terminating employment on or after
January 1, 1981.
(a) Definitions:
(1) Compensation shall mean the actual compensation
paid as salary to a participant by the county and State of
Georgia as herein provided during any calendar month plus
any amount paid by the county on behalf of the participant
under the Federal Insurance Compensation Act or any
amendment thereto, but exclusive of reimbursed expenses,
bonuses, commissioners and other remuneration.
(2) Average compensation shall mean the average of the
participants monthly compensation for the highest sixty
consecutive complete calendar months during the ten years
of service, or during the full period of service if less than ten
years, immediately preceding the date on which the partici-
pants employment with the county terminates for any rea-
son. Average compensation shall be determined by dividing
the total compensation received by the participant during
the appropriate sixty complete calendar months period by
the number of months for which he received compensation in
such period.
(3) Accrued benefit as of the date of determination, shall
mean the participants monthly retirement benefit equal to
the sum of (i) and (ii), where:
(i) Is 2% of average compensation multiplied by the par-
ticipants years of service not in excess of 25; and
4990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(ii) Is 1% of average compensation multiplied by his
years of service in excess of 25 but not in excess of 40.
(4) Interest shall mean simple interest at the rate of 3%
per annum for years prior to 1971, 4% per annum for 1971
and subsequent years prior to 1981, and 5 lA % per annum
for 1981 and subsequent years.
(5) Years of service means service credited to participa-
tion in a pension plan of DeKalb County including any pe-
riod during which a participant qualifies for disability retire-
ment benefits after January 1, 1981, as set forth in
subsection (b) 4.B of this Section 8. Accumulated sick leave
at the time of retirement shall be credited at the rate of
thirty days (30) for 1/12 years service. (12-22-70, s 2-A). Em-
ployees that elect to return to employment with the county
shall have their said monthly benefit discontinued and shall
not be given credit for the period of time the employee was
drawing monthly benefits, however, upon re-entering the
Pension Fund said employee shall be given credit for his or
her prior years of service. The contributions of the employee
shall be the same as if the employee referred to herein was a
new employee and such employee shall not be required or
permitted to repay monthly, benefits theretofore drawn.
(1) Normal retirement benefits.
(2) Delayed retirement benefits.
(3) Early retirement benefits.
(4) Disability retirement benefits.
(5) Optional retirement benefits.
(6) Termination benefits.
(7) Death benefits.
1. A. Normal retirement date. The normal retirement date of
a participant shall be the first day of the month coinciding with
or next following the later of (a) and (b) but in no event later
GEORGIA LAWS 1981 SESSION
4991
than (c) where:
(a) Is the date the participant attains age 55;
(b) Is the date the participant completes 10 years of plan
participation; and
(c) Is the date the participant attains age 70.
B. Normal retirement benefit. The monthly retirement bene-
fit payable to a participant who retires on his normal retirement
date shall be an amount equal to 2% of the participants average
compensation multiplied by his years of service (calculated to
the nearest l/12th year) not to exceed 25, plus 1 % of the partici-
pants average compensation multiplied by his years of service in
excess of 25 but not in excess of 40, such benefit to commence on
his normal retirement date and be payable on the first day of
each month thereafter during the lifetime of the participant
with a minimum of one hundred twenty payments to the partici-
pant or his beneficiary.
2. A. Delayed retirement date. At the request of the county,
a participant may remain in the active employ of the county be-
yond his normal retirement date but not beyond the age of 70.
Provided, however, that nothing in this Act as applies to com-
pulsory 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 coincid-
ing with or next following the end of the last period which date
shall be the delayed retirement date.
3. A. Early retirement date. The early retirement date of a
participant shall be the first day of any month coincident with
or next following the date he retires from the employ of the
county subsequent to the attainment of age 50 and completion
of at least 10 years of service.
B. Early retirement benefit. A participant, upon retirement
on his early retirement date, shall receive an immediate monthly
retirement benefit which shall be an amount computed and
payable in the same manner as a normal retirement benefit in
accordance with subsection l.A. (b) and l.B. (b) of this section
4992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
8, but based on the participants average compensation and ser-
vice as of his early retirement date. (Each portion of such
monthly retirement benefit shall be reduced by five-twelfths
percentum (5/12%) for each complete month by which the date
the benefit commences preceeds the normal retirement date of
the participant).
4. A. Disability retirement date. The disability retirement
date of a participant becoming totally and permanently dis-
abled, in accordance with the definition and procedure set forth
in Section 12, from any cause after completion of five years of
service shall be the first day of the month after the determina-
tion by the pension board that the participant is so disabled.
Provided that all new officers, employees and deputies of
DeKalb County who become participants in this plan after the
effective date thereof shall take a physical examination from a
physician approved by the pension board and shall be certified
by such physician as being physically and mentally qualified for
the position or job given him, and provided further that the
completion of five years service shall not be required of a par-
ticipant for disability incurred while acting within the scope of
his employment through (1) violent, external and accidental
means not as a result of his misconduct or provocation, or (2)
through an act of God.
B. Disability retirement benefit. A participant upon retire-
ment on his disability retirement date shall receive a monthly
retirement benefit under which payment shall commence on his
disability retirement date and shall be payable on the first day
of each month thereafter until the earlier of (1) cessation of total
disability (2) death, or (3) attainment of age 65. The amount of
each monthly retirement payment shall be equal to 50% of the
participants monthly rate of earnings as of the date last worked
minus any benefits received including lump sum payments and
any benefit to be received through workers compensation from
DeKalb County, but the pension shall not be less than twenty-
five (25) dollars per month.
5. A. Election of optional retirement benefits. A participant
may elect, or may revoke a previous election and make a new
election, at any time six months prior to his normal retirement
date, early retirement date, or delayed retirement date, to have
GEORGIA LAWS 1981 SESSION
4993
the benefit provided in subsection l.A. (b) and l.B of this sec-
tion 8 converted to one of the options hereinafter set forth. Elec-
tion of any option shall be made by the participant in writing.
The benefit provided in subsection l.A. (b) and l.B of this sec-
tion 8 shall not be subject to election, but shall be payable only
in the manner stated in said subsection l.A. (b) and l.B.
B. Description of options. The amount of any optional re-
tirement benefit set forth below shall be the actuarial equivalent
of the amount of benefit subject to election and otherwise paya-
ble to the participant. Actuarial equivalent shall, for all partici-
pants be computed in accordance with such mortality table and
interest rate as the pension board may hereafter adopt.
OPTION 1.: Straight Life. An increased benefit which shall
be payable during the lifetime of the participant with all
payments ceasing at his death.
OPTION 2.: Joint and Survivor Option. A decreased retire-
ment benefit which shall be payable during the joint lifetime
of both the participant and his joint annuitant and which
shall continue after the death of either during the lifetime of
the survivor in the same amount or in such smaller amount
as the participant may designate.
OPTION 3.: Other Options. Any other form of option sub-
ject to the approval of the pension board.
6. A. Joint annuitant. A participant who elects option 2 shall,
on a form provided for that purpose, designate a person to re-
ceive the benefits which continue to be payable upon the death
of the participant. Such person shall be the joint annuitant of
the participant.
B. Cancellation of election. The election by a participant of
option 2 shall be null and void if either the participant or his
designated joint annuitant shall die before benefits commence.
In the event this election becomes null and void the participant
shall have the right to name another joint annuitant or elect an-
other option in which instance the six months requirement of
subsection 5.A. shall be waived.
4994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
7. A. Termination benefit. In the event of termination of em-
ployment within the first three years of service the participants
contributions will be returned without interest. Upon termina-
tion of employment after three years of service but less than 10
years, the participant may either withdraw his contributions
plus interest or leave his contributions in the fund and receive a
monthly benefit to commence at age 65 equal to the accrued
benefit determined as of his date of termination. Upon termina-
tion of employment after the completion of 10 years of service
the participant may either withdraw his contributions plus in-
terest or leave his contributions in the fund and receive a
monthly benefit to commence at his normal retirement date
equal to the accrued benefit determined as of his date of termi-
nation; provided, however, such terminating employee may elect
to commence receiving actuarially reduced benefits any time af-
ter he attains 50 years of age.
8. A. Death Benefit.
(1) PRIOR TO RETIREMENT.
If a participant dies prior to the earliest date on which he
could retire under the early retirement provision, his beneficiary
shall receive a lump sum benefit equal to the participants con-
tributions plus interest.
If a participant dies subsequent to the earliest date on which
he could retire under either the early retirement or normal re-
tirement provision and has not actually retired, the participants
beneficiary shall receive 120 monthly payments the amount of
which shall be equal to the benefit specified in this section 8
determined as if the participant had retired immediately prior
to the date of death. Such benefits shall be in lieu of return of
employee contributions plus interest.
(2) AFTER RETIREMENT.
If a participant has elected the straight life option, his benefi-
ciary shall receive a lump sum benefit equal to the excess, if any,
of the participants contributions accumulated to his retirement
date plus interest over the benefits actually paid to date of
death. If a participant has elected any other form of payment,
GEORGIA LAWS 1981 SESSION
4995
death benefits shall be payable as provided for by the provisions
of the option elected, but in no event shall total benefits paid be
less than the participants contributions accumulated to his re-
tirement date plus interest.
9. A. Beneficiary. All participants shall, on a form provided
for that purpose, designate a person or persons to receive the
benefits payable in the event of the death of the participant.
Such person or persons shall be the beneficiary of the
participant.
The participant may from time to time change the beneficiary
by written notice to the pension board and upon the receipt by
the pension board of such change the rights of all previously
designated beneficiaries to receive any benefit under this plan
shall cease. In the event that any participant shall die without
having designated a beneficiary or in the event that a partici-
pant shall die but the beneficiary designated by said participant
shall fail to survive the participant, then and in either event, the
person who shall constitute the beneficiary of the deceased par-
ticipant shall be determined as follows:
(a) In the event the deceased participant is survived by his
or her spouse, then such surviving spouse shall be the
beneficiary.
(b) If the deceased participant is not survived by his or her
spouse then the beneficiary shall be the deceased participants
estate.
10. A. No participant shall receive any benefits from this
plan if he receives any renumeration for services rendered on a
contract basis or on a permanent full time basis as determined
under the rules and regulations governing the DeKalb County
merit system to or for any department of DeKalb County
government financed by tax revenue.
III.
By striking in its entirety Section 10. of said Act and inserting
in lieu thereof a new section to be known and designated as Sec-
tion 10. to read as follows:
4996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sec. 10. CONTRIBUTIONSBY PARTICIPANTS
Effective January 1, 1981, except as otherwise provided
herein, it shall be the duty of the director of finance of DeKalb
County to make payroll deductions from the compensation paid
to each participant an amount equal to 4.6 percentum (4.6%) of
the compensation of the participant.
IV.
By striking in its entirety Section 11. of said Act and inserting
in lieu thereof a new section to be known and designated as Sec-
tion 11. to read as follows:
Sec. 11. SAMEAppropriations; employment of actuary.
Commencing January 1, 1981, the governing authority in
charge of county affairs for DeKalb County shall appropriate to
the pension fund annually, to be paid in monthly installments,
an amount equal to 8.6 percentum (8.6%) of the amount of
monthly compensation of each participant in this pension
system.
Within sixty days prior to the end of the first five year period,
next following the effective date of this Act, it shall be the duty
of the governing authority of DeKalb County to employ some
qualified actuary or firm of actuaries to analyze the DeKalb
County Pension Plan and report thereon to the pension board.
Should such report reveal that the contribution plan herein pro-
vided to be made by DeKalb County be insufficient to maintain
the plan on a sound basis, it shall be the duty of such governing
authority of DeKalb County to appropriate such further sums
for the next five years as would be necessary to maintain the
fund and the plan on a sound financial basis. Should tl e actuary
or firm of actuaries find that a lesser contribution by DeKalb
County would maintain the fund and plan on a sound financial
basis, DeKalb County is authorized to decrease its contribution
to the percentage of the total payroll of the participants found
by the actuary or firm of actuaries to be sufficient to maintain
the plan and the fund on such sound financial basis. The pen-
sion plan shall be actuarily reviewed every five years thereafter
and adjustments made as set out herein if such adjustments are
GEORGIA LAWS 1981 SESSION
4997
found to be necessary and the actuary or firm of actuaries em-
ployed to make such analyses shall be selected by the pension
board.
V.
By striking in its entirety Section 12. of said Act and inserting
in lieu thereof a new section to be known and designated as Sec-
tion 12. to read as follows:
Sec. 12. Disability Definition and ProcedureGenerally.
Effective January 1, 1981, a participant shall be totally dis-
abled for purposes of determining his eligibility for disability re-
tirement under section 8 and other matters related to this pen-
sion plan if the participant is in a continuous state of incapacity
due to illness or injury which:
(a) while it continues during the first 12 months of incapac-
ity which prevents the participant from performing the
duties of his normal occupation with the county; and
(b) while it continues thereafter, prevents the participant
from engaging in any occupation for which be is or be-
comes reasonably qualified by education, training or
experience.
Whenever an application for disability pension has been filed,
the applicant shall submit therewith a signed certificate from a
licensed, practicing physician of Georgia certifying to the total
disability of such applicant for a pension. Immediately there-
upon the pension board shall order the applicant to be examined
by the county physician or some other physician named by the
board who likewise shall certify the physical ability or total disa-
bility of the applicant. In the event the certificates of the respec-
tive physicians shall generally agree upon total disability, such
facts shall be conclusive as to the physical or mental condition
of the applicant and the board shall thereupon enter an order
granting a pension in the proper amount. In the event the certif-
icate tendered by the applicant and the certification of the
county physician appointed by the board shall disagree as to the
condition of the applicant, then and in that event, the pension
4998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
board shall conduct a hearing for the purpose of determining the
true condition of the applicant. Such hearing shall be conducted
informally by the examination of witnesses for and in opposition
to such application who shall be sworn, and both the applicant
and pension board may be represented by legal counsel if they
so desire. Copies of documents may be received as evidence in
lieu of the original at the discretion of the board, and affidavits
shall be filed with the board at the time of the hearing. The de-
cision of the board after a hearing shall be final as to the physi-
cal or mental condition of the applicant, but the proceeding
shall be subject to review by writ of certiorari from the Superior
Court of DeKalb County. The chairman of the pension board
shall be authorized to acknowledge service on any such writ, and
to answer same on behalf of the pension board.
VI.
By striking in its entirety Section 13. of said Act and inserting
in lieu thereof a new section to be known and designated as Sec-
tion 13. to read as follows:
Sec. 13. SAMEANNUAL REVIEW.
The pension board shall have the right at intervals of not less
than one year, to require an examination of all participants re-
ceiving disability pensions under the provisions of this Act. In
the event any such participant receiving disability pension shall
be found, as a result of such examination, not to be disabled, the
pension board may, after hearing evidence thereon, and an op-
portunity to such participant to be heard, remove such partici-
pant from the list of those entitled to disability pension. Pro-
vided, however, that in the event such participant receiving
disability benefits refuses to submit to a physical examination
after thirty days notice to report for such examination, the pen-
sion board shall withhold payments of his benefits until he sub-
mits to such examination and the participant shall be deemed to
have forfeited his benefits during the time of his refusal to sub-
mit to a physical examination.
VII.
By striking in its entirety Section 25. of said Act and inserting
GEORGIA LAWS 1981 SESSION
4999
in lieu thereof a new section to be known and designated as Sec-
tion 25. to read as follows:
Sec. 25. Prior Pensions payable.
All officers, deputies and employees who have retired or be-
come disabled and who are receiving pension from DeKalb
County under the pension plan provided under Georgia Laws
1949, page 415, as amended, at the time this Act becomes effec-
tive shall receive such pension out of the general fund of DeKalb
County.
All officers, deputies and employees, who have retired or be-
come disabled and who are receiving pensions under the pension
plan provided under Georgia Laws 1953, page 3198, as amended,
shall continue to receive their vested benefits from the fund
herein created.
Effective January 1, 1981, each officer, deputy or employee
who has retired or becomes disabled prior to January 1, 1981 (or
the beneficiary or joint annuitant of such deceased individual)
and who is receiving a monthly benefit under the provisions of
this plan immediately prior to January 1, 1981, the amount of
monthly benefit which is payable on or after January 1, 1981,
shall be equal to the amount of monthly benefit otherwise paya-
ble to, or on behalf of, such individual under the terms of the
plan as in effect immediately prior to January 1, 1981, increased
by:
(a) 5% if retirement or disability benefits commenced in
1980,
(b) 10% if retiremeent or disability benefits commenced in
1979,
(c) 15% if retirement or disability benefits commenced in
1978,
(d) 20% if retirement or disability benefits commenced in
1977
(e) 25% if retirement or disability benefits commenced
5000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
prior to 1977.
VIII.
All laws or parts of laws in conflict with this ordinance are
hereby repealed.
IX.
Should any part, portion or paragraph of this ordinance be de-
clared unconstitutional or void by a Court of competent jurisdic-
tion, 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.
X.
This ordinance shall be presented to the Board of Commis-
sioners of DeKalb County for adoption at two regular, consecu-
tive meetings of the County Commissioners, held not less than
seven (7) or more than (60) days apart. A notice containing a
synopsis of the proposed amendment or repeal shall be pub-
lished in the official organ of DeKalb County once a week for
three weeks within a period of sixty (60) days immediately pre-
ceding 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.
XI.
This ordinance shall be first presented to the Board of Com-
missioners of DeKalb County on the 11th day of November,
1980, and again on the 25th day of November, 1980, at the regu-
lar time and place of the meeting of the Board of Commissioners
of DeKalb County.
XII.
A synopsis of this ordiance shall be published in the official
organ of DeKalb County once a week for three weeks, namely on
the 6th day of November, 1980, the 13th day of November, 1980,
GEORGIA LAWS 1981 SESSION
5001
and the 20th day of November, 1980, and a copy of this ordi-
nance 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 mem-
bers of the public who desire the same.
XIII.
The provisions of this Ordinance shall become effective on
January 1, 1981.
Adopted this 25th day of November 1980.
/s/ Walter B. Russell, Jr.
Chairman, Board of
Commissioners
DeKalb County, Georgia
Attest:
/s/ Patrick C. Glisson
Clerk
APPROVED AS TO FORM:
By
/s/ James H. Weeks
Assistant County Attorney
PUBLISHERS CERTIFICATE
STATE OF GEORGIA
COUNTY OF DEKALB
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of the Decatur-DeKalb News/Era, a newspaper pub-
lished at Decatur, county of DeKalb, State of Georgia, who, be-
ing duly sworn, states on oath that the report of Proposed
County Ordinance, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 6, 13, 20th day of
Nov., 1980. Gerald W. Crane, Co-Publisher (by) Linda L. Orr,
Agent.
5002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 20th day of Nov.,
1980.
/s/ Samme Johnson
Notary Public.
My commission expires Jan. 4, 1982.
(Seal)
NOTICE OF PUBLIC HEARING PROPOSED COUNTY
ORDINANCE
Notice is hereby given by the DeKalb County Board of Com-
missioners that pursuant to provisions of the Home Rule for
Counties Amendment of the Georgia Constitution, hearings will
be held on November 11, 1980 and November 25, 1980 to con-
sider amendments to Ga. Law 1962, Page 3088, et seq., creating
the DeKalb County Pension Board as relates to polling places,
election of employee members of the Pension Board, supervision
of said elections, designation of incumbent on the printed ballot,
method of filling vacancies, method of determining amount and
payment of benefits, amount of contributions of participants,
appropriations by governing authority, defining of total disabil-
ity, annual review of disability retirees and increased benefits for
retirees. A copy of the proposed amendments 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.
Filed in the Office of Secretary of State December 12, 1980.
22-3173, 11/6-11/20
GEORGIA LAWS 1981 SESSION
5003
FLOYD COUNTYBOARD 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 provide that employees of Floyd County who are ap-
pointed to positions outside the protection of the Floyd County
Merit System Act may return to their original status, grade and
rank without prejudice and under the protection of the Floyd
County Merit System Act if their resignation or discharge in the
new position of appointment shall not be for cause.
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:
Section 1. An Act establishing a Merit System for the Gov-
ernment of Floyd County, Georgia, approved April 9, 1969 (Ga.
Laws 1969, pp. 2505-2513) be, and the same is, hereby amended
by deleting Section 2, subparagraph (c) and adding in lieu
thereof the following to be known as Section 2, subparagraph
(c):
Section 2. (c) If the Board of Commissioners of Floyd
County, Georgia appoints a person to a position which is not
covered by the Floyd County Merit System Act and at the
time of said appointment said appointee was a county em-
ployee, serving in a position covered by the Floyd County
Merit System Act, and, thereafter, the person so appointed
resigns or the Board of Commissioners of Floyd County,
Georgia, for any reason, discharges said appointee, said ap-
pointee shall immediately revert to his former status, grade
and rank, without prejudice, under the Floyd County Merit
System unless the Floyd County Merit Board, after a hearing
as provided under either the provision of the Floyd County
Merit System Act, or the rules and regulations adopted by
the said Merit Board, shall determine that said employee was
discharged for cause. In the event the Floyd County Merit
System Board shall determine that said employee was dis-
charged for cause, said employee shall not be entitled to re-
vert to his former status, grade and rank and said employ-
5004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment relationship shall be terminated as of the date of
discharge.
Section 2. This Ordinance is adopted by the Board of Com-
missioners of Floyd County, Georgia, pursuant to the provisions
of the Constitution of the State of Georgia providing for home
rule for counties.
Section 3. This Ordinance shall become effective when a no-
tice 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 in-
spection 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 Constitu-
tion of the State of Georgia.
Section 4. All Ordinances or parts thereof in conflict here-
with are hereby repealed.
This March 25th, 1980.
Floyd County Board of
Commissioners
By:
/s/ James R. Mehaffey
Chairman
Attest:
/s/ Cap Hicks
Clerk
STATE OF GEORGIA
COUNTY OF FLOYD
I, Marvin W. (Cap) Hicks, Clerk of the Board of Commis-
sioners of Floyd County, Georgia, certify that the above and
GEORGIA LAWS 1981 SESSION
5005
foregoing Resolution is a true and correct copy of the Resolution
adopted by the Board of Commissioners of Floyd County, Geor-
gia, in a regular session on Tuesday, March 25th, 1980.
/s/ Marvin W. (Cap) Hicks
In person before the undersigned attesting officer appeared
the undersigned who on oath says that they are duly authorized
representative 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 News Tribune on the
following dates: March 7, 1980, March 13, 1980, and March 20,
1980.
B. H. Mooney, Jr.
Sworn to and subscribed before me this 31 day of March,
1980.
/s/ Leatha Davenport
Notary Public
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 Com-
missioners 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 Resolution to Amend.
SYNOPSIS OF PROPOSED AMENDMENT
Said Resolution and Ordiance will provide an amendment to
the Act entitled Floyd County Merit System Act approved
5006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) to provide that if
the Board of Commissioners of Floyd County, Georgia appoints
a person to a position which is not covered by Floyd County
Merit System Act and at the time of said appointment said ap-
pointee was a county employee, serving in a position covered by
the Floyd County Merit System Act, and, thereafter, the person
so appointed resigns, or the Board of Commissioners of Floyd
County, Georgia, for any reason, discharges said appointee, said
appointee shall immediately revert to his former status, grade
and rank, without prejudice, under the Floyd County Merit Sys-
tem unless the Floyd County Merit Board, after a hearing as
provided under either the provision of the Floyd County Merit
System Act, or the rules and regulations adopted by the said
Merit Board, shall determine that said employee was discharged
for cause. In the event the Floyd County Merit System Board
shall determine that said employee was discharged for cause,
said employee shall not be entitled to revert to his former status,
grade and rank and said employment relationship shall be ter-
minated as of the date of discharge.
The Board of Commissioners
of Floyd County, Georgia
by: Marvin W. (Cap) Hicks,
Clerk
Mar. 7, 13, 20, 27
Filed in the Office of Secretary of State April 4, 1980.
ROCKDALE COUNTYBOARD 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, qualifica-
tion, 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 gov-
ernment of Rockdale County by said board; to provide for all
GEORGIA LAWS 1981 SESSION
5007
matters relative to the foregoing; to provide for a referendum; to
provide for effective dates; and for other purposes (Ga. L. 1977,
p. 2817); as amended.
By adding thereto a new subsection to Section 13 of the origi-
nal Act, as amended, to be known as Section 13(e) 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 the County Home Rule authority under the Geor-
gia Constitution, (Article IX, Section 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 pro-
vide 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 pro-
vide for a referendum; to provide for effective dates; and for
other purposes. (Ga. L. 1977, p. 2817); as amended.
Said Act is amended by adding thereto a new subsection to
Section 13 of the original Act, as amended, to be known as Sec-
tion 13(e), which will read in its entirety as follows:
5008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13(e)
Part I
Rockdale County
Personnel Rules and Regulations
Chapter I
GENERAL PROVISIONS
SECTION I. PURPOSE
It is the purpose of these rules to establish procedures which
shall serve as a guide to administrative action concerning the va-
rious personnel activities and operations of Rockdale County.
They are intended to indicate the usual and most reasonable
methods for carrying out the aims of the personnel program,
consistent with the following merit principles:
1. Recruiting, screening, and selecting employees on the ba-
sis of their relative ability, knowledge and skills, including
open competition of qualified applicants for initial
appointments;
2. Establishing pay rates consistent with the principles of
providing comparable pay for comparable work;
3. Training employees, as needed and as practicable, to as-
sure high quality performance;
4. Retaining and advancing employees on the basis of the ad-
equacy of their performance, correcting inadequate per-
formance and separating employees whose inadequate per-
formance cannot be corrected;
5. Assuring fair treatment of applicants and employees in all
aspects of personnel administration without regard to po-
litical affiliation, race, color, creed, age, national origin or
ancestry, sex, or religion;
6. Assuring that employees are protected against coercion for
GEORGIA LAWS 1981 SESSION
5009
partisan political purposes and are prohibited from using
their official authority for the purpose of interferring with,
or affecting the result of an election.
SECTION 2. POSITIONS COVERED
These rules and regulations shall cover all employees in the
classified service.
SECTION 3. ADMINISTRATION
These rules and regulations shall be administered and en-
forced by the Rockdale County Personnel Officer. The Personnel
Officer shall be appointed and removed in the same manner as a
department head, and shall have the authority to delegate the
administration of these rules and regulations.
Chapter II
ETHICS AND CONDUCT
SECTION 1. OUTSIDE EMPLOYMENT
No employee may engage in any employment additional to
employment with Rockdale County which shall interfere with ef-
ficient performance of the employees duties or present a conflict
of interest. Prior written approval for any outside employment
must be obtained from the employees department head. Non-
elected department heads must obtain prior approval from the
chairman of the Board of Commissioners.
SECTION 2. CONFIDENTIAL INFORMATION
An employee may not directly or indirectly make use of confi-
dential information acquired by virtue of employment with
Rockdale County in any manner except in the performance of
their official duties. An employee may not provide or permit
others to use confidential information to anyone except in the
performance of their official duties.
5010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. GIFTS AND GRATUITIES
An employee shall not accept gifts, gratuities, or loans from
organizations, business concerns, or individuals with whom he
has official relationships on business of the county government.
These limitations are not intended to prohibit the acceptance of
any articles which are distributed free of charge to the general
public, nor to prohibit the acceptance of token gifts given during
the Christmas holiday season, provided that no employee accept
any gift of a value of over $25.00 in value in any one year from
any single individual, corporation, business or interest group.
SECTION 4. POLITICAL ACTIVITY
Employees of Rockdale County are encouraged to exercise
their right to vote, but no employee shall make use of county
time or equipment to aid a political candidate, political party, or
political cause, or use a county position to persuade, coerce, or
intimidate any person in the interest of a political candidate,
party, or cause. Any county employee desiring to be a candidate
for any political office in Rockdale County must resign their po-
sition at the time they legally qualify as a candidate.
SECTION 5. CONFLICT OF INTEREST
It is particularly important that the employees of the county
refrain from unfavorable relationships which might be construed
as evidence of favoritism, coercion, unfair advantage, or collu-
sion. Whenever an employee is faced with a situation which, in
that employees mind is questionable or problematical with re-
gard to posing a conflict of interest, that employee is encouraged
to discuss the matter with his department head, who may, in
turn, refer the matter to the Personnel Officer.
CHAPTER III
CLASSIFICATION PLAN
SECTION 1. DEFINITION
The classification plan is the systematic grouping of positions
into appropriate classes.
GEORGIA LAWS 1981 SESSION
5011
1. A position is a group of currently assigned duties and re-
sponsibilities requiring the full or part-time employment
of one person. A position may be occupied or vacant.
2. A class is a group of positions (or one position) that:
a. has similar duties and responsibilities;
b. Requires like qualifications, and
c. Can be equitably compensated by the same range
of pay.
SECTION 2. USE AND INTERPRETATION OF CLASS
SPECIFICATIONS
Specifications are to be interpreted in their entirety and in re-
lation to others in the classification plan. Particular phrases or
examples are not to be isolated and treated as full definition of a
class. Specifications are descriptive and explanatory of the kind
of work performed and not necessarily inclusive of all duties per-
formed. The use of a particular description as to duties, qualifi-
cations, or other factors shall not be held to exclude others of
similar kind of quality.
Periodically, and not less than every two years after the adop-
tion of these regulations, a general review of the classification
plan shall be conducted by the Chairman of the Board of
Commissioners.
SECTION 3. AMENDMENTS TO THE POSITION
CLASSIFICATION PLAN
The Board of Commissioners shall determine whether the es-
tablishment and/or the abolition of a class is in order. Such
changes shall take the form of amendments to the plan and
must be adopted by the Board of Commissioners.
When a new position is established, or duties of an existing
position changed, the department head or elected official in-
volved shall submit, in writing, a position description stating the
duties and responsibilities of the position. The Personnel Officer
5012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall investigate the actual or proposed duties, assure the availa-
bility of funds with the Finance Department and recommend to
the Chairman of the Board of Commissioners the appropriate
class allocation or the establishment of a new class. The Board
of Commissioners shall approve or change such recommenda-
tions and allocate the position to a class.
SECTION 4. CLASSIFICATION APPEALS
An employee who considers his position improperly classified
shall submit his reclassification request, in writing, to his de-
partment head who shall review such request as to its justifica-
tion. The department head or elected official shall make a rec-
ommendation to the Personnel Officer within seven (7) days of
the receipt of the appeal. The Personnel Officer shall, within
fourteen (14) days, consider the merits of the question and rec-
ommend appropriately to the Chairman of the Board of Com-
missioners. The Board of Commissioners shall proceed as out-
lined in SECTION 3 of this chapter.
SECTION 5. OFFICIAL COPY OF THE CLASSIFICATION
PLAN
The Personnel Officer shall be responsible for maintaining an
official copy of the Classification Plan. The official copy shall in-
clude a schematic list of class titles and class specification plus
all amendments to the plan. A copy of the official plan shall be
available for inspection by the public under reasonable condi-
tions during business hours.
SECTION 6. CLASSIFICATION PLAN IN EFFECT
The classification plan shall be considered a part of this sec-
tion and shall have the same force and effect as these personnel
rules and regulations.
GEORGIA LAWS 1981 SESSION
5013
CHAPTER IV
PAY PLAN
SECTION 1. COMPOSITION
The pay plan includes the adopted salary schedule, and the
schedule of salary ranges consisting of rates of pay for all classes
of positions included in the classification plan.
SECTION 2. MAINTENANCE OF THE PLAN
The pay plan is intended to provide fair compensation for all
classes in the classification plan, considering range of pay for
other classes, rates of pay for comparable services in private and
public employment in the area, cost of living data, other benefits
received by employees, the countys financial condition and
other factors. The Chairman of the Board of Commissioners
shall periodically, and not less than every two years, make, or
cause to be made, comparative studies of all the factors affecting
the level of salary ranges. On the basis of conclusions reached
through such studies, the Board of Commissioners shall make
changes in salary ranges as appropriate.
SECTION 3. NEW APPOINTEES
Generally, a new employee shall be paid the minimum rate of
pay for his class. Exceptions may be granted upon the written
prior approval of the Chairman of the Board of Commissioners
in the following areas:
1. The minimum rate for each class is based upon the as-
sumption that a new employee meets the minimum qual-
ifications stated in the class specifications. If it becomes
necessary to appoint a new employee of lesser qualifica-
tions, he should be started at one or possibly two steps
below the minimum rate of the class, and the appoint-
ment shall be considered to be temporarily filled until ei-
ther the qualifications are met, the qualifications are
changed, or a qualified candidate is appointed.
2. If a new employee more than meets the minimum qualifi-
5014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cations and will not accept appointment at the minimum
rate of the class, he may be appointed at the second step
or, in unusual cases, at a still higher step with the ap-
proval of the Personnel Officer and the Chairman of the
Board of Commissioners. Cases should be thoroughly an-
alyzed and measured again to objective standards. Con-
sideration should be given to a review of the salaries of
the employees in the class whose present salaries are be-
low the recruiting rate.
SECTION 4. PROMOTION
An employee who is promoted shall receive a salary raised to
the lowest step of the range for the class of the new position
which will affect an increase in his salary at least as great as the
full step in the previous salary range. The successful completion
of the promotional probation period will not warrant a further
salary raise.
SECTION 5. DEMOTION
When an employee is demoted, the salary paid shall be at a
rate which is within the range of the lower position. The rate of
pay shall be set by the department head or elected official with
the approval of the Personnel Officer and the Chairman of the
Board of Commissioners, taking into consideration the circum-
stances surrounding the demotion as well as the employees
length of service and performance record with the County.
SECTION 6. SALARY REVIEWS
It is the policy of Rockdale County to reward its employees by
establishing an equitable system of providing salary reviews.
When a salary increase is approved, the increase shall be to one
of the steps within the range to which the position is allocated.
SECTION 7. OVERTIME COMPENSATION
Compensatory time on an hour-for-hour basis shall be granted
for approved overtime work whenever practical to release per-
sonnel without impairing the work program. When compensa-
tory time is not practical, cash payment shall be made on a time
GEORGIA LAWS 1981 SESSION
5015
and a half basis. Prior approval for cash payment on over-time
must be obtained from the Chairman of the Board of Commis-
sioners by the non-elected department head. Elected officials
must assure budgetary consideration when approving cash pay-
ment overtime. This approval must be submitted with the re-
quest for cash payment. Overtime cash payment or compensa-
tory time shall not be made to employees who are allocated to
ranges above 18, on the premise that overtime will not be
granted to supervisors, division heads and department heads,
since the salary levels for these groups are usually established on
the basis of the work to be done rather than the hours of work
per week. It is consistent to treat overtime as a condition of the
level of responsibility for these occupational groupings. The
Chairman of the Board of Commissioners shall have final au-
thority for exceptions to this section.
1. Overtime shall be accrued and compensated for in half-
hour increments. When periods of less than 15 minutes
are involved, no overtime is credited. For periods in ex-
cess of 15 minutes, one half (V4) hour is credited.
2. Overtime cash payment shall be computed on base rate
of pay and shall not include any incentive amounts.
3. All overtime compensation shall be paid on the subse-
quent payroll after the fiscal clerk has received the cash
payment request and approval action.
4. All compensatory time must be used within sixty (60)
days from the date that it is earned or it shall be
forfeited.
5. If an employee, through circumstances beyond his con-
trol such as inclement weather, power failure, equipment
breakdown, etc., is dismissed from duty, he shall not be
paid for time not worked. However, when an employee is
required to remain at a county facility, this time shall be
fully compensable. None of the above shall prohibit a
permanent employee from using accumulated leave or
compensatory time.
5016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER V
RECRUITMENT AND SELECTION
SECTION 1. EMPLOYEE OPPORTUNITIES
The recruitment, selection, appointment and promotion of
employees shall be in such a manner as to promote equal em-
ployment opportunity for all persons without regard to race, age,
color, creed, sex, national origin, or political persuasion or
affiliation.
SECTION 2. VACANT POSITIONS
Department heads shall be responsible for notifying the Per-
sonnel Officer of vacant, or soon to be vacant, positions in their
department. The notification shall include the class title and sal-
ary range. All vacancies to be filled should be announced to all
county employees. A vacancy announcement shall be posted for
at least three work days in a central location in each
department.
SECTION 3. RECRUITMENT FOR VACANT POSITIONS
All full-time vacancies shall be publicized by the Personnel
Officer by posting announcements and by other means necessary
to assure obtaining well qualified candidates for the positions.
This will include an advertised announcement in the local paper
on two (2) consecutive Thursdays. The announcement shall
specify the title and salary range of the vacant position, the re-
quirements and qualifications, the manner of making applica-
tion, the final date on which the application shall be received,
and other pertinent information. Every reasonable effort shall be
made to advertise vacancies so that all interested persons are
informed and qualified persons are attracted to compete.
SECTION 4. PUBLIC WORKS TEMPORARY POSITIONS
It is recognized the Public Works department faces an un-
usual situation where the time requirements of SECTION 2 and
SECTION 3 of this chapter are unrealistic. To prevent an undue
delay in obtaining personnel for a required work force, use of the
GEORGIA LAWS 1981 SESSION
5017
vacant temporary positions alloted to the public works depart-
ment may be filled on an emergency basis by the department
head. Promotion to a permanent position will only be considered
when the provisions of SECTION 2 and SECTION 3 are being
acted upon. Temporary positions must be vacant to use the pro-
visions of this section. No temporary employment may begin un-
til an applicant has completed the necessary employment forms
and such forms have been presented to the Personnef Officer.
SECTION 5. APPLICATION FORMS
Application shall be made on Rockdale County application
forms. Such forms shall include information covering training,
experience, and other pertinent factors. All applications shall be
signed by the person applying.
SECTION 6. DISQUALIFICATION
The Personnel Officer may remove from further consideration
the application of an applicant who:
1. Does not meet the minimum qualifications established
for the position.
2. Has failed to submit his application within the pre-
scribed time limit.
3. Has made false statements of material fact, or practices
deception in his application.
4. Has an unsatisfactory employment record of such a na-
ture as to demonstrate unsuitability for employment by
the County.
5. Has been convicted of a felony or otherwise exhibited
dishonesty or public conduct offensive to the sensitivity
of the public at large.
6. Has any other background information which may be
detrimental to employment by the County.
5018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. SELECTION
The Personnel Officer shall review all applications for employ-
ment to determine whether the applicant meets the established
standards for employments. When appropriate, examinations
may be used which may be written or oral or a combination of
these. Such tests shall be practical in character and shall relate
to the duties and responsibilities of the position for which the
applicant is being examined. Examination of employees may
also consist of a review of educational experience necessary to
perform the duties of the position.
Applicants meeting the employment standards will be referred
to the employing department head by the Personnel Officer. The
department head shall make a selection from the applicants re-
ferred and shall notify the Personnel Officer of his decision.
SECTION 8. DEPARTMENT HEADS, APPOINTIVE
When the position of any appointive department head is to be
filled, or the status of the encumbent changed by administrative
action, the provisions of Georgia state law creating the Board of
Commissioners of Rockdale County shall supersede the provi-
sions of this chapter, and shall govern with regard to the special
powers and authorities of the Board of Commissioners and the
Chairman of the Board of Commissioners. Nothing contained
herein shall be construed as being contrary to the provisions of
H. B. 610 as amended now or hereafter.
CHAPTER VI
METHODS OF APPOINTMENT
SECTION 1. REGULAR APPOINTMENT
Regular appointment to full and part-time permanent posi-
tions shall occur after the procedures outlined in Chapter V
have been completed. All employees appointed under this
method shall serve a probationary period as described in Chap-
ter VII.
GEORGIA LAWS 1981 SESSION
5019
SECTION 2. TEMPORARY APPOINTMENT
Temporary appointment for short term employment to posi-
tions that will not continue longer than six months in any twelve
month period shall be made whenever possible by the proce-
dures outlined in Chapter V. If this is not possible or practical,
the Personnel Officer may authorize the department head to
make a recommendation for employment. The department head
will consult with the Finance Department to assure budgetary
compliance. Temporary employees are excluded from the bene-
fits and privileges provided to regular employees.
SECTION 3. LIMITED TERM APPOINTMENT
Vacancies created by a leave of absence without pay may be
filled by a limited term appointment. Selection shall be made
under the provisions outlined in Chapter V. A person holding a
limited term appointment may be terminated when the person
replaced returns to the position. Transfer from limited term to
regular appointment may be made if the person being replaced
fails to return on the termination of leave. Except for the lim-
ited nature of their status, employees holding limited term ap-
pointments shall have the same rights and privileges as perma-
nent employees.
SECTION 4. EMERGENCY APPOINTMENT
When an emergency involving serious impairment of the pub-
lic business makes it impossible to fill a vacant position by nor-
mal procedures, the department head, with the approval of the
Personnel Officer and the Chairman of the Board of Commis-
sioners, may appoint any qualified person to such a position on a
temporary basis in order to prevent stoppage of public business,
or loss or serious inconvenience to the public. Such an appoint-
ment shall be for a period not to exceed 90 days, during which
the normal selection procedures will be followed in order to fill
the position under a regular appointment.
5020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER VII
PROBATION
SECTION 1. OBJECTIVES
The probationary period shall be regarded as an integral part
of the selection process, and shall be utilized for closely observ-
ing the employees work, for securing the most effective assess-
ment of a new employee to the position and for rejecting any
employee whose performance is not satisfactory. Employees
serving probationary periods do not have appeal rights unless
there is alleged discrimination because of race, age, color, creed,
sex, or national origin. Employees who are separated from the
countys service prior to the completion of six months of service
receive no vacation pay.
SECTION 2. DURATION
The probationary period shall normally be six months in du-
ration. There shall be no extension of the probationary period
except where the employee could not be observed in the per-
formance of work due to justifiable absence from the job, where
extensive certification requirements of the job cannot be met by
the employee within the time frame of six months for reasons
beyond the control of the employee, or where other unusual
events preclude completion of an adequate evaluation during the
probation period. No extensions will exceed an additional ninety
(90) days to the normal probation period.
SECTION 3. EVALUATION OF PERFORMANCE
After an employee has completed one-half of the probationary
period the department head shall complete a performance ap-
praisal on the probationary employees work and submit the
form to the Personnel Officer with the written opinion of the
employees supervisor as to whether the employees services
have been satisfactory. During the probationary period the em-
ployees supervisor will tell the employee when he is not per-
forming satisfactorily. At least fifteen days prior to the expira-
tion of an employees probationary period the department head
shall notify the Personnel Officer, in writing, whether or not an
GEORGIA LAWS 1981 SESSION
5021
employee is expected to satisfactorily complete his probationary
period.
SECTION 4. DISMISSAL
During the probationary period a department head or elected
official may remove an employee who is unable or unwilling to
perform the duties of the position satisfactorily, or his habits
and dependability do not merit has continuance in the countys
service. The department head or elected official shall immedi-
ately report such removal to the Personnel Officer as well as to
the employee, and shall state reason for removal. Employees
serving their probationary period do not have the right of appeal
unless it is alleged that the civil rights of the employee as af-
forded by the Constitution of the United States have been
abridged or violated.
SECTION 5. PROMOTIONAL PROBATION
The promotional period shall be used in connection with pro-
motional appointments in the same manner as it is used for en-
trance appointments. However, an employee serving a promo-
tional probation is still eligible for the rights and privileges
provided permanent employees. When an employee is removed
during a probationary period following a promotion, the em-
ployee shall be entitled to reclassification at the employees for-
mer position without prejudice. When the promotional proba-
tion is successfully completed, there will be no probationary
salary increase.
SECTION 6. PERMANENT STATUS
When the employee has successfully completed the probation-
ary period, and the department head or elected official has noti-
fied the Personnel Officer, the employee shall receive a one step
salary increase. This section does not apply to personnel who
have successfully completed a promotion probation period.
5022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER VIII
SEPARATION
SECTION 1. TYPES OF SEPARATION
Separation of employees form Rockdale County shall be desig-
nated as one of the following and shall be accomplished in the
manner indicated: resignation, compulsory resignation, layoff,
disability, death, retirement, and dismissed.
SECTION 2. COUNTY PROPERTY
At the time of separation and prior to final payment, all
records, assets and other items of county property in the em-
ployees custody shall be transferred to his department head or
elected official. Certification to this effect will be signed by the
department head or elected official. Any amount due because of
the shortage in the above shall be with-held from the employees
final compensation. In the case of a department head being ter-
minated, the accounting shall be to the Chairman of the Board
of Commissioners. All accountings must be forwarded to the
Personnel Officer prior to final payment. The value of the mater-
ials will be determined by the department head or elected
official.
SECTION 3. RIGHTS OF EMPLOYEES
Employees who separate shall receive payment for all earned
salary, and those employees who have successfully completed
the probationary period shall receive payment for all earned an-
nual leave subject to deductions as outlined in SECTION 2 of
this chapter, and subject to any other outstanding indebtedness
of the employee to the County for any reason. Those employees
who have elected to participate in any credit union payroll de-
duction program, must abide by any agreements they have
signed.
SECTION 4. RESIGNATION
To resign in good standing an employee shall give notice in
writing to his department head at least 10 working days prior to
GEORGIA LAWS 1981 SESSION
5023
the effective date of the employees resignation. Formally, failure
to comply with this rule shall be entered on the service record of
the employee. An employee who resigns in good standing shall
be eligible for rehire as a new employee. At the sole discreption
of the County an employee who resigns in good standing may be
eligible for reinstatement with beginning employee status, pro-
vided such reinstatement occurs within 30 calendar days from
the date of the employees separation. Such reinstatement eligi-
bility shall not be considered to be a right. Such reinstatement is
subject to the normal probationary period.
SECTION 5. COMPULSORY RESIGNATION
Any employee who without valid reason fails to report to work
for three consecutive work days without authorized leave shall
be separated from the payroll and reported as a compulsory
resignation.
SECTION 6. LAYOFF
For purposes of definition, any involuntary separation not in-
volved in delinquency, misconduct, or inefficiency shall be con-
sidered a layoff. Any layoff shall be conducted in accordance
with the following rules:
1. Employees shall be laid off on the basis of the following
three factors, to be weighed in descending order: length
of service with the county, criticality of skill, and past
performance of the employee. It is provided, however,
that deviation from the use of length of service with the
county as the sole determining factor will require written
explanation to the Personnel Officer by the department
head or elected official and final approval by the Chair-
man of the Board of Commissioners.
2. If a permanent employee is scheduled to be laid off a de-
motion to a lower class shall be offered if a vacancy ex-
ists, or if a probationary employee is filling a lower
county position, provided the permanent employee is
qualified or able to be trained to fill the position in the
lower class. If no such position is available, the employee
shall be laid off without cause.
5024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3. Prior to a reduction in force, the names and job titles of
all permanent employees scheduled for layoff shall be
submitted to the Chairman of the Board of Commission-
ers by the Personnel Officer for approval. Until the
names submitted are approved and confirmed for layoff,
no layoff shall be consummated.
4. Permanent employees to be laid off shall be notified in
writing by the Chairman of the Board of Commissioners
at least 14 calendar days prior to the effective day of the
layoff.
SECTION 7. DISABILITY
The department head or the Personnel officer may direct any
employee to be examined by a physician designated by the Per-
sonnel Officer. When a disability of any kind is discovered which
impairs the effectiveness of an employee, or impairs the effec-
tiveness of others, the following action shall be taken:
1. If the disability is correctable, the employee shall be al-
lowed a specified length of time as determined by the
Chairman of the Board of Commissioners to have it cor-
rected. If the employee fails to take steps to have it cor-
rected within the specified time, the employee shall be
subject to disciplinary action or termination.
2. If, in the opinion of the examining physician, the disabil-
ity cannot be corrected, the department head shall:
(a) attempt to place the employee in another position
at which the employee can perform satisfactorily. If that
cannot be accomplished successfully, the department
head shall:
(b) take steps to separate the employee from county
service through dismissal without prejudice.
SECTION 8. LOSS OF JOB REQUIREMENT
Any employee who is unable to do a job because of a loss of
the necessary license or other requirement shall be terminated.
GEORGIA LAWS 1981 SESSION
5025
SECTION 9. DEATH
When any employee dies while in the service of Rockdale
County, all compensation due in accordance with SECTION 3 of
this chapter shall be paid to the, legal representative of the em-
ployees estate or any other properly designated individual.
SECTION 10. DISMISSAL
A department head or elected official may dismiss an em-
ployee for cause as outlined in SECTION 2 of CHAPTER IX
after reviewing such action with the Personnel Officer. The em-
ployee shall be furnished notice of dismissal in writing, stating
the reason for dismissal. Procedures for appeal are outlined in
CHAPTER X. It is recognized there will be occasions when im-
mediate dismissal is required. A review of such action with the
Personnel Officer must be complete as soon as possible.
SECTION 11. DEPARTMENT HEADS, APPOINTIVE
When a department head is to be dismissed for any reason,
the provisions of Georgia law creating the Board of Commission-
ers, as amended, shall supersede the provisions of this chapter,
and shall govern with regard to the special powers and authori-
ties of the Board of Commissioners and of the Chairman of the
Board of Commissioners. Department heads, as part of manage-
ment, are not eligible to use the appeal and grievance procedures
contained in Chapter X.
CHAPTER IX
DISCIPLINARY ACTION
SECTION 1. TYPES OF DISCIPLINARY ACTION
A department head shall have the following alternatives for
disciplinary action:
1. Verbal Reprimand. A department head or elected
official may administer a verbal reprimand to correct a
problem area. Department heads will keep a written re-
cord of verbal reprimands but such will not be made a
5026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
part of employees personnel files. Such records main-
tained by department heads should include time, date,
and a brief description of problem.
2. Written Reprimand. A department head or elected
official may submit a written reprimand to an employee
when an oral warning has not resulted in the expected
improvement, or when more severe initial action is war-
ranted. Copies shall be sent to the Personnel Officer and
to the Chairman of the Board of Commissioners. The
Personnel Officer shall file a copy of the reprimand in the
employees personnel file, form which it shall be removed
after one year, provided no additional reprimands are re-
ceived by the employee. Written reprimands must con-
tain specific time, date, place of offense, the signature of
the employee, and a statement of expected corrective ac-
tion to be taken by the employee.
3. Suspension. A department head or elected official
may, for cause, suspend without pay an employee in his
department. A written statement specifically setting
forth reasons for suspension and duration of the suspen-
sion shall be furnished to the employee. Copies shall be
sent to the Personnel Officer and placed in the em-
ployees personnel file. A copy shall also be sent to the
Chairman of the Board of Commissioners who may re-
quire that the suspension be extended or revoked.
4. Dismissal. A department head or elected official may
dismiss an employee for cause as outlined in SECTION 2
of this chapter. The employee shall be furnished notice
of dismissal in writing, stating the reason for dismissal.
Copies shall be filed with the Personnel Officer, and in
the employees personnel file. Procedures for appeal of a
dismissal are provided in CHAPTER X, SECTION 4.
SECTION 2. REASONS FOR DISCIPLINARY ACTION
Listed below are some of the reasons which may be cause for
disciplinary action referred to in SECTION 1 of this chapter.
The list is not intended to include all defenses for which disci-
plinary action may be taken, but does include many of the most
GEORGIA LAWS 1981 SESSION
5027
commonly encountered ones:
1. Being convicted of a felony or of a misdemeanor involv-
ing moral turpitude.
2. Being absent without leave.
3. Excessive tardiness.
4. Abuse of sick leave.
5. Inefficiency, negligence, or incompetence in the perform-
ance of duties.
6. Careless, negligent, or improper use of county property
or equipment.
7. Willfully giving false statements to supervisors, officials,
or the public.
8. Violation of county ordinances, administrative regula-
tions, or departmental rules.
9. Being under the influence of alcohol or illegal drugs when
reporting for work, or partaking of such while on duty,
except that prescribed medication may be taken within
the limits set by a physician as long as it is medically
necessary, and provided that the employee has docu-
mented such medical necessity with his department
head.
10. Soliciting of other employees or distributing of litera-
ture to other employees during work hours, or otherwise
interfering with the work of other county employees.
SECTION 3. PERSONNEL FILE
Personnel files are priviledged information and are only to be
used for Rockdale County personnel action. Any requests from
outside agencies for such information will be forwarded to the
Personnel Officer for action. Employees have the opportunity to
review their personnel file as required.
5028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER X
GRIEVANCES AND APPEALS
SECTION 1. POLICY
The most effective accomplishment of the work of the county
requires prompt and equitable adjustment of employee griev-
ances. It is the desire of the county to address grievances infor-
mally, and both employees and supervisors are expected to make
every effort to resolve problems as they arise. However, it is rec-
ognized that there may be grievances which will be resolved only
after a formal appeal and review. No employee shall be disci-
plined or discriminated against in any way because of use of the
grievance procedure.
SECTION 2. DEFINITION
A grievance is a complaint made by an employee concerning
the interpretation of these rules, regulations, policies, depart-
mental work rules, or disciplinary action affecting his employ-
ment with the county.
SECTION 3. APPEALS
Any permanent employee in the classified service of the
county who is suspended, demoted, or dismissed shall have the
right to appeal this action to the Board of Redress.
SECTION 4. GRIEVANCE PROCEDURE
1. An employee shall first present his grievance to his im-
mediate supervisor who shall make careful inquiry into
the facts and circumstances of the complaint. The super-
visor shall attempt to resolve the problem promptly and
fairly.
2. An employee who is dissatisfied with the decision of his
supervisor may submit his grievance, in writing, to the
department head or elected official. The department
head or elected official shall make a separate investiga-
tion, and inform the employee, a writing, of his decision
GEORGIA LAWS 1981 SESSION
5029
and the reason for it within ten working days after the
receipt of the employees grievance.
2. If the employee is dissatisfied with the decision reached
by the department head, he may obtain a review of the
matter by the Personnel Officer by requesting, within
seven work days, such a review in writing. The Personnel
Officer shall, if requested, review all evidence in the mat-
ter, interview the employee and all others who may pro-
vide a clear understanding of the circumstances, and pro-
vide a written report, within 15 working days, to the
Chairman of the Board of Commissioners or the appro-
priate elected official recommending that the Chairman
uphold or not uphold the action taken by the employees
supervisor or department head.
4. If the Chairman or elected official upholds the action
previously taken by the department head or supervisor,
and if the employee wishes to avail himself of the final
step, the Personnel Officer shall assist the employee in
requesting a review by the Board of Redress. The request
for review must be submitted by the employee within 14
workdays. The Board of Redress shall make such investi-
gation, and conduct such hearings as deemed necessary,
and shall, within fifteen working days after receipt of the
employees request for review, inform the employee, in
writing, of the findings of the Board. The decision of the
Board of Redress shall in all cases be final.
5. The employee shall have the right, at all levels of the
procedure, to a closed hearing and may be represented at
any such hearing.
SECTION 5. BOARD OF REDRESS
The Board of Redress shall consist of five members. Four shall
be appointed for terms of two years, one being appointed by
each of the three county commissioners, and one being ap-
pointed by the Judge of the Probate Court of Rockdale County.
The member appointed by the Judge of the Probate Court shall
serve as Chairman of the Board of Redress, and shall otherwise
have the same duties and responsibilities as the other members
5030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the Board. The fifth member of the Board shall be appointed
by the appellant, and shall serve Pro Tempore for the duration
of the review of grievance for which appointed only. The mem-
bers of the Board of Redress shall serve without compensation
or remuneration except in unusual cases in which out-of-pocket
expenses are incurred by the members, in which cases the Chair-
man of the Board of Commissioners may, at his own discretion,
authorize reimbursement.
CHAPTER XI
ATTENDANCE AND LEAVE
SECTION 1. HOURS OF WORK
The hours of operation for each department shall be estab-
lished by the department head or elected official with the ap-
proval of the Chairman of the Board of Commissioners. Each
department head or elected official shall schedule their person-
nel for a minimum 40 hour work week.
SECTION 2. HOLIDAYS
The following days are designated as holidays: New Years
Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the day after Thanksgiving, Christmas Eve
and Christmas Day. Other work days may be declared holidays
by the Board of Commissioners. When a holiday falls on Satur-
day, the preceding Friday shall be observed as the holidays.
When a holiday falls on a Sunday, the holiday shall be observed
on the following Monday. Holidays which fall during annual
leave shall not be charged against annual leave.
SECTION 3. HOLIDAYS FOR PART TIME
EMPLOYEES
Part-time employees shall not be paid for observed holidays
which fall on days for which they were not scheduled to work.
When an observed holiday falls on a day which a part-time em-
ployee would have been scheduled for work, the part-time em-
ployee is eligible for holiday pay, the amount of holiday pay be-
ing proportionate to the percentage of a work day which the
GEORGIA LAWS 1981 SESSION
5031
part-time employee would have ordinarily been scheduled to
work.
SECTION 4. ANNUAL LEAVE (VACATION)
1. General. Vacations are for the purpose of rejuvenating
both the physical and mental faculties, and all employees
are urged to take vacations. No employee shall receive
pay for earned vacation time not taken unless prior ap-
proval has been given by the Personnel Officer, Finance
Department and the Chairman of the Board of Commis-
sioners, and such approval shall not be given without
compelling reason.
2. Rate of Accrual. Eligible employees begin to accrue
annual leave on employment, although leave may not be
taken until the probationary period is successfully com-
pleted. During the first year of employment, vacation is
earned at the rate of V2 day per month (or six days per
year). Employees with over one year, but less than ten
years, of service earn vacation time at the rate of one day
per month (or twelve days per year). Employees with
over ten years of service earn vacation time at the rate of
one and V2 days per month (or eighteen days per year).
3. Maximum Allowable Accumulation. Unused annual
leave may be accumulated up to twenty days at the end
of each fiscal year. Subsequent earned leave must be
taken or it is lost at the end of each fiscal year.
4. Payment for Unused Leave. When an employee
leaves the service of the county, unused annual leave will
be paid for, unless proper notice of resignation was not
given as provided in CHAPTER VIII, SECTIONS 4 and
5.
5. Part-Time Employees. Part time employees earn an-
nual leave on a pro-rata basis.
6. Scheduling of Leave. During the month of March of
each year the Personnel Officer shall send to each depart-
ment head a list of employees in that department, and
5032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the amount of annual leave to which each employee is
entitled. It is the responsibility of each department head
to schedule the leave of his employees. When requests for
the same time period preclude the awarding of the leave
time requested, the more senior employee within the de-
partment will have first choice.
7. Leave Request.
(a) Submittal of Request. Under ordinary circum-
stances, each employee must present all requests for an-
nual leave to his/her immediate supervisor in advance
equivalent to the number of days requested. Leave re-
quested for less than eight (8) hours must be submitted
in advance at least the number of hours equivalent to the
number of hours requested.
(b) Annual Leave requests without prior approval.
1. If an emergency prevents prior approval of annual
leave the employee must contact his/her immediate su-
pervisor by 9:00 a.m. to report the absence. If the imme-
diate supervisor cannot be reached, the employee should
contact and secure the approval of the supervisor next in
line of authority. If a supervisor in the line of authority
cannot be reached, the employee must contact the Per-
sonnel Officer to secure approval.
2. When the employee returns to work, a request for
leave is submitted explaining the emergency of the
situation.
SECTION 5. SICK LEAVE
1. General. Sick leave is an emergency benefit which al-
lows eligible employees time off without loss of pay or
benefits from normally scheduled work for personal or
immediate family illness, injury, or related medical care
(care or treatment by a physician, dentist or other recog-
nized health profession). No payment for unused sick
leave is made when an employee leaves the service of the
county. Immediate family is defined in SECTION X and
GEORGIA LAWS 1981 SESSION
5033
such members must normally be a part of the employees
household.
2. Rate of Accrual. Eligible employees earn sick leave at
the rate of one day per month (or 12 days per year).
3. Maximum Allowable Accumulation. Unused sick
leave may be accumulated up to 45 days. After the maxi-
mum has accrued, excess sick leave will be forfeited.
4. Part-Time Employees. Part-time employees earn sick
leave on a pro-rata basis.
5. Reporting Sick Leave. The employee shall report to
his supervisor the reason for his need for sick leave prior
to scheduled work time if possible. If this is not possible,
the employee is responsible for seeing that the absence is
reported within 30 minutes of the reporting time for
work. Failure to do so may be cause for denial of sick
leave with pay. Special consideration will be given to
bona fide emergency situations.
6. Doctors Certificate. A medical certificate signed by a
licensed physician may be required by the department
head to substantiate requests for sick leave in the event
of absence consisting of 3 or more consecutive days, or
sick leave of any duration if absence from duty occurs
frequently or habitually, provided that the employee has
been notified that a certificate will be required.
7. When Sick Leave is Exhausted. When sick leave is
exhausted, employees may, with the prior approval of the
department head, convert unused accumulated annual
leave on a day to day basis. When all accumulated an-
nual and sick leave has been used, then with prior ap-
proval of the department head and the Personnel Officer
are satisfied that the employee is ill.
SECTION 6. WORKERS COMPENSATION
Employees are covered under the provisions of the Workmens
Compensation Act of the State of Georgia. If an employee is in-
5034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
jured while on the job, such injury must be reported to the su-
pervisor immediately. The supervisor must report the injury to
the Personnel Officer on the day of occurrence.
SECTION 7. MILITARY LEAVE
Any permanent employee who leaves the service of the county
to join the military forces of the United States or is inducted by
selective service may upon written request, and with the written
approval of the Chairman of the Board of Commissioners, prior
to his/her induction into the military be placed on military leave
without pay, such leave to extend through a ninety day period
after he is released from the military service. Such an employee
shall be entitled to be restored to the position which he vacated,
provided he makes application within 90 days of the date of
honorable discharge, or discharge under honorable conditions,
and if mentally and physically capable of performing the work of
his position. An employee who is a member of the National
Guard or an organized military reserve unit of the United States
will be allowed leave of absence with pay not to exceed 30 calen-
dar days during any calendar year to attend such training.
SECTION 8. LEAVE WITHOUT PAY
Leave of absence without pay may be granted to an employee,
upon his/her department heads recommendation, by the Chair-
man of the Board of Commissioners or the appropriate elected
official for a period not to exceed six consecutive months. No
accrual of privileges or benefits is allowed for an employee who
is on leave of absence. Consideration for leave without pay will
be given for reasons such as personal illness or disability, illness
or disability of a member of the employees family, or continuing
education. The needs of the county will be the controlling factor.
SECTION 9. CIVIL LEAVE
An employee shall be given the time off with pay for jury duty
or when subpoenaed to appear before any public body or com-
mission. If an employee is released at least two and one half
hours prior to the end of his assigned work period he is expected
to return to work.
GEORGIA LAWS 1981 SESSION
5035
SECTION 10. BEREAVEMENT LEAVE
Bereavement leave of up to three (3) calendar days, at discre-
tion of the Department Head or Elected Official, shall be
granted with pay for employees in the event of death in the im-
mediate family. It is intended that county employees only use
the time required, not that each employee will automatically re-
ceive the full three days. For purposes of definition, immediate
family includes spouse, parents, sons, daughters, brothers, sis-
ters, grandparents, parents-in-law, brothers-in-law, daughters-
in-law, sons-in-law, sisters-in-law, and grandparents-in-law. In
the event that more than three calendar days are necessitated
for bereavement leave, the employee will be allowed to change
such additional days against accumulated sick leave.
Bereavement leave is afforded county employees in order that
family affairs may be properly attended to, and that grief may
be suffered privately. It follows, then, that unused bereavement
leave is not accumulated or paid for in any fashion other than as
described above.
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 8th day of April, 1980.
Finally adopted this 22nd day of April, 1980.
Board of Commissioners,
Rockdale County, Georgia
/s/ Heyward L. Woodward
/s/ Herman A. Francis
/s/ Ray Magnusson
Attest:
5036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ R.N. Sandlin
Ex-Officio Clerk
Approved as to form:
/s/ Sidney Nation
County Attorney
CERTIFICATION
I, Roscoe N. Sandlin, Ex-Officio Clerk of the Board of Com-
missioners 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 Commission-
ers For Rockdale County; . . . (Ga. L. 1977, Page 2817) and that
same was duly adopted by the Board of Commissioners of
Rockdale County at a public meeting held on April 8, 1980 (first
reading) and April 22, 1980 (second reading) and I further cer-
tify that said ordinance has been neither amended, modified nor
repealed, but remains of force and effect.
In witness whereof, I hereunto set by hand and affix the seal
of the County, this 23rd day of April, 1980.
/s/ R.N. Sandlin
Ex-Officio Clerk
Board of Commissioners
Rockdale County
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA
COUNTY OF ROCKDALE
Personally appeared before the undersigned Jane 0. Patterson
who on oath says that she is Advertising Manager of The
Rockdale Citizen, and that the legal advertisement which ap-
pears below was published in said newspaper on the following
dates: March 27, April 3, 10, 1980.
/s/ Jane O. Patterson
GEORGIA LAWS 1981 SESSION
5037
LEGAL NOTICE TO THE GENERAL PUBLICHOME
RULE AMENDMENT TO HOUSE BILL 610
Please take notice that pursuant to Ga. Code Ann. 2-5901 that
the Rockdale County Board of Commissioners pursuant to its
County Home Rule power has before it a proposal to amend
House Bill 610, Ga. laws 1977, page 2817, by adding thereto a
new subsection to Section 13 of the original Act, as amended, to
be known as Section 13[e]. 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 the Superior Court will furnish anyone,
upon written request, a copy of the proposed amendment. The
proposed amendment deals with certain personnel rules and reg-
ulations effecting the employees, officers and agents of Rockdale
County, Georgia, and, generally, establishes rules providing pro-
cedures which will serve as a guide to administrative action con-
cerning the various personnel activities and operations of
Rockdale County, Georgia. These rules and regulations are
based generally on the merit principle of personnel management
and cover all employees in the classified service. These rules and
regulations will govern ethics and conduct of County employees,
confidential information, gifts and gratuities, political activity,
and conflict of interest for County employees. The personnel
rules and regulations will also include a classification plan for
the systematic grouping of positions into appropriate classes and
the rules will likewise provide for the use and interpretation of
class specifications, amendments to the position classification
plan, classification appeals, and other matters. The personnel
rules and regulations will likewise encompass the composition of
the pay plan for County employees, maintenance of the plan,
classification of new employees in terms of rates of pay, promo-
tion, demotion, salary reviews, overtime compensation and other
matters.
The personnel rules and regulations will likewise cover re-
cruitment and selection of employees, employee opportunities,
vacant positions, recruitment for vacant positions, public works
temporary positions, the types of application forms to be used,
disqualification of the applicants, selection of new personnel, ap-
pointive status of department heads, and other matters.
5038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The personnel rules and regulations will likewise cover meth-
ods of appointment of employees, both regular and temporary
appointment. Rules are specified for limited term appointments,
emergency appointments, and other matters. The personnel
rules and regulations also will provide guidelines concerning pro-
bationary employees, the duration of probation, evaluation of
performance of new employees, dismissal of employees during
probationary period, promotional probation, and achievement of
status as permanent employees.
The personnel rules and regulations will cover separation of
employees from service, including classification of types of sepa-
ration, County property and its return, rights of employees, res-
ignation, compulsory resignation, layoff, disability, loss of job re-
quirements, death of employees, dismissal of employees,
dismissal of appointive department heads and other matters.
The personnel rules and regulations will likewise encompass
types of disciplinary action for employees, including verbal rep-
rimand, written reprimand, suspension and-or dismissal. The
personnel rules and regulations will likewise specify the stan-
dards or reasons for disciplinary action, as well as rules for
maintenance of personnel files.
The personnel rules and regulations will cover grievances and
appeals for employees who feel inequitably treated, including es-
tablishment of a policy allowing grievances and appeals, defini-
tion of appeals, establishment of a detailed grievance procedure,
establishment of a board of redress to hear grievances and other
matters.
The personnel rules and regulations will likewise cover attend-
ance and leave policies for employees, including hours of work,
holidays, holidays for part-time employees, vacation and annual
leave, rate of accrual of vacation time, maximum allowable ac-
cumulation of vacation time, payment for unused leave, part-
time employees accrued of leave, rules for scheduling of leave,
leave request forms and submissions, rules government sick
leave for different classifications of employees and accrual
thereof. Workers compensation rules, military leave, leave with-
out pay, civil leave and bereavement leave are likewise covered
under the proposed personnel rules and regulations.
GEORGIA LAWS 1981 SESSION
5039
This Notice is intended as only a synopsis of the proposed
amendment. Your attention is invited to the complete copy on
file in the Rockdale County Clerk of Superior Courts office.
3tcM27,A3,10
Sworn to and subscribed before me this 23rd day of April,
1980.
/s/ Laura J. Yarberry
Notary Public
Filed in the Office of Secretary of State April 28, 1980.
ROCKDALE COUNTYBOARD 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 elections, qualifica-
tions, 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 gov-
ernment of Rockdale County by said board; to provide for all
matters relative to the foregoing; to provide for referendum; to
provide for effective dates; and for other purposes (Ga. Law
1977, p. 2817); as amended; by amending section 8 of the origi-
nal Act as now amended to be known as section 8; 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 the County Home Rule Authority under Ga.
Const., Art. IX, Sec. II, Ga. Code Ann. Chapter 2-59, the Board
of Commissioners hereby amends an Act of the General Assem-
5040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bly, Ga. Law 1977, p. 2817, entitled as follows:
An Act to create a Board of Commissioners for Rockdale
County; to provide for the membership of said board; to provide
for the elections, qualifications, terms, powers, compensation
and duties of the chairman and other members of said board; to
provide for other matters relative to said board of commissioners
and relative to the government of Rockdale County by said
board; to provide for all matters relative to the foregoing; to pro-
vide for referendum; to provide for effective dates; and for other
purposes.
(Ga. Law 1977, p. 2817); as amended.
Section 8 of said Act, as amended, reads as follows:
Section 8, Meetings: The Commission shall hold regu-
lar meetings on the second and fourth Tuesdays of each
month at the County seat at 10:00 oclock A.M. on the sec-
ond Tuesday and 7:00 oclock P.M. on the fourth Tuesday,
which meeting shall be open to the public, and may hold
such additional meetings as shall be necessary when called
by the Chairman or any two Commissioners, provided all
members of the Commission shall have been notified at least
one (1) day in advance of such special meeting. No official
action shall be taken by the Commission except in a meeting
which is open to the public. Any two Commissioners or the
Chairman and any one Commissioner shall constitute a quo-
rum, but no official action shall be taken except under the
affirmative vote of at least two commissioners or one com-
missioner and the Chairman. The Chairman shall be entitled
to the same voting rights as other commissioners on ques-
tions considered by the Commission.
Said Section 8 shall be further amended to read as follows:
Section 8, Meetings: The Commission shall hold regular
meetings on the second and fourth Tuesdays of each month
at the County seat at 7:00 oclock P.M. on the second Tues-
day and 7:00 oclock P.M. on the fourth Tuesday, which
meetings shall be open to the public, and may hold such ad-
ditional meetings as shall be necessary when called by the
GEORGIA LAWS 1981 SESSION
5041
Chairman or any two Commissioners, provided all members
of the Commission shall have been notified at least one (1)
day in advance of such special meeting. No official action
shall be taken by the Commission except in a meeting which
is open to the public. Any two Commissioners or the Chair-
man and any one Commissioner shall constitute a quorum,
but no official action shall be taken except under the affirma-
tive vote of at least two commissioners or one commissioner
and the Chairman. The Chairman shall be entitled to the
same voting rights as other Commissioners on questions con-
sidered by the Commission.
SECTION 2
This Ordinance shall become effective on the second and final
adoption as provided by law.
SECTION 3
All Ordinances, or the Act or portions of the Act, or parts
thereof, in conflict herewith are hereby repealed.
First adopted this 14th day of October, 1980.
Finally adopted this 28th day of October, 1980.
Board of Commissioners,
Rockdale County, Georgia
/s/ Heyward L. Woodward
/s/ Charles Trollinger
/s/ Richard E. Robinson
Attest:
/s/ R.N. Sandlin
Ex-Officio Clerk
Approved as to form:
/s/ Sidney Nation
County Attorney
5042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA
COUNTY OF ROCKDALE
Personally appeared before the undersigned Jane 0. Patterson
who on oath says that she is Advertising Manager of The
Rockdale Citizen, and that the legal advertisement which ap-
pears below was published in said newspaper on the following
dates: October 2, 9, 16, 1980.
/s/ Jane 0. Patterson
LEGAL HOME RULE AMENDMENT
Pursuant to the County Home Rule Authority under the Ga.
Const. Art. IX, Sec. II, requiring the publication in the official
county organ of a synopsis of proposed amendments as to Ga.
Law 1977, 2817, the Board of Commissioners hereby proposes to
amend an Act of the General Assembly, Ga. Law 1977, p. 2817,
by changing the regular meeting of the Commission on the sec-
ond Tuesday of each month at the County seat from a beginning
time of 10:00 oclock A.M. to a beginning time of 7:00 oclock
P.M. A copy of the proposed amendment is on file with the Of-
fice of the Clerk of the Superior Court of Rockdale County for
the purpose of examination and inspection by the public.
Nation, Maddox & Starnes
920 Center Street
Conyers, Georgia 30207
County Attorney for
Rockdale County
Sworn to and subscribed before me this 7th day of November,
1980.
/s/ Jenell Orr
Notary Public
CERTIFICATION
I, Roscoe N. Sandlin, Ex-Officio Clerk of the Board of Com-
GEORGIA LAWS 1981 SESSION
5043
missioners of Rockdale County, hereby certify that the foregoing
is a true and correct copy of an original ordinance entitled:
#1980-22 An ordinance to amend an act entitled An Act to cre-
ate a Board of Commissioners for Rockdale County;and that
ordinance #1980-22 was duly adopted by the Board of Commis-
sioners of Rockdale County at a public meeting held on October
14, 1980 and October 28, 1980 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 by hand and affix the seal
of the County, this 3rd day of November, 1980.
/s/ Roscoe N. Sandlin
Ex-Officio Clerk
Board of Commissioners
Rockdale County
(SEAL)
Filed in the Office of Secretary of State November 12, 1980.







GEORGIA LAWS 1981 SESSION
5045
CHARTER AMENDMENTS
ADOPTED
PURSUANT TO
THE MUNICIPAL HOME RULE
ACT OF 1965 AS AMENDED
5046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ALBANYCONTRACTS WITH STADIUM
AUTHORITY.
An Ordinance 80-109
Entitled an Ordinance adopted under the provisions of the
Municipal Home Rule Act of 1965, as amended, amending the
charter of the City of Albany, Georgia, so as to extend the maxi-
mum time of contracts with Albany Stadium Authority; repeal-
ing 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. Paragraph (22) of section 34 of the charter of the
City of Albany (Georgia Law 1964, p. 2009) is hereby repealed,
and a new paragraph (22) of Section 34 is substituted in lieu
thereof, to read as follows:
The City of Albany shall have the power to convey all of its
interests in that certain real estate located in said city, upon
which is located Mills Memorial Stadium and which is
bounded by Stadium Drive, Van Buren Drive, Society Ave-
nue and Tift Avenue, together with the improvements
thereon, to Albany Stadium Authority, and, in its discretion,
to enter into contracts with said Stadium Authority relative
to the use, maintenance and control of said property for peri-
ods of time up to but not exceeding 50 years. Said city is
further specifically authorized to make payments or contri-
butions to said Stadium Authority as may be called for by
said contracts for the use of the facilities of said Stadium
Authority by the city and to provide funds for the mainte-
nance thereof by the Authority. (Ga. Laws 1964, p. 2009,
U
Section 2. This ordinance shall become effective immedi-
ately 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.
GEORGIA LAWS 1981 SESSION
5047
Section 3. All charter provisions and laws or parts of char-
ter provisions and laws in conflict herewith are repealed.
/s/ James H. Gray, Sr.
Mayor
Attest:
/s/ Susan L. Alford
Clerk
Adopted: 1-22-80
Adopted: 2-12-80
I do hereby certify that this is a true and correct copy.
/s/ Joann Pope
City Clerk
Legal Notice
Notice is given that there has been filed with the Clerk of the
City of Albany, Georgia, an ordinance proposing under the Mu-
nicipal Home Rule Act of 1965 to repeal paragraph (22) of sec-
tion 34 of the charter of the City of Albany, Georgia and to or-
dain a new paragraph (22) so as to extend the maximum time of
contracts with Albany Stadium Authority.
A copy of said ordinance is on file in the office of the Clerk of
the City of Albany, Georgia, and a copy thereof is also on file in
the office of the Clerk of the Superior Court of Dougherty
County, Georgia, and such ordinance is available at either of
said places for the purpose of examination or inspection by the
public.
Jan. 11, 18, 25, 1980
City of Albany
By: James V. Davis
City Attorney
5048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit of Publisher
State of Georgia
County of Dougherty
Personally appeared before the undersigned, an officer author-
ized 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 Sheriffs adver-
tisements for Dougherty County, Georgia, are published, and
that the legal notice, a copy of which is attached hereto as Ex-
hibit A, was published in the Albany Herald once a week
for three weeks on the following dates: January 11, 18, 25, 1980.
/s/ Barbara C. Jones
Sworn to and subscribed before me this 29th day of February,
1979.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1981
Filed in the Office of Secretary of State March 4, 1980.
CITY OF ALBANYCITY MANAGER.
An Ordinance 80-117 Entitled
An Ordinance adopted pursuant to the provisions of the Mu-
nicipal Home Rule Act of 1965, as amended, amending the char-
ter of the City of Albany, Georgia, and Act #105, Georgia Laws
1943, pages 1154-1158 (related laws, article A, entitled Pen-
sions, Code of the City of Albany), so as to provide for the
GEORGIA LAWS 1981 SESSION
5049
transfer of pension fund interests and equities of newly em-
ployed city managers to the City of Albany pension fund; to au-
thorize the board of commissioners to give credit for prior years
of public service; 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. The Charter of the City of Albany, Georgia, and
Act #105, Georgia Laws 1943, pages 1154-1158 (Related Laws,
Article A, Entitled Pensions, Code of The City of Albany), re-
lating to Albany Employees Pensions, as amended, are further
amended by adding the following additional provision:
The Board of Commissioners of the City of Albany may from
time to time by ordinance provide for the transfer to the City
of Albany Pension Fund of the interest or equity of any
newly employed city manager in any and all other employee
pension trusts or funds, public or private, upon such terms
and conditions as said Board shall determine to be appropri-
ate. Said Board shall also have the power to vest in such
newly elected city manager credit for prior years of public
service equal to the total number of years of such service, or
any part thereof, either upon such transfer, or upon such
other terms and conditions as the Board shall determine to
be appropriate.
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 compli-
ance 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.
/s/ James H. Gray, Sr.
Mayor
5050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Joann Pope
City Clerk
Adopted: 2-12-80
Adopted: 2-26-80
I do hereby certify that this is a true and correct copy.
/s/ Joann Pope
City Clerk
Affidavit of Publisher
State of Georgia
County of Dougherty
Personally appeared before the undersigned, an officer author-
ized 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 Sheriffs adver-
tisements for Dougherty County, Georgia, are published, and
that the legal notice, a copy of which is attached hereto as Ex-
hibit A, was published in the Albany Herald once a week
for three weeks on the following dates: January 18, 25, February
1, 1980.
/s/ Barbara C. Jones
Sworn to and subscribed before me this 29th day of February,
1980.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1981
Legal Notice
Notice is given that there has been filed with the Clerk of the
City of Albany, Georgia, an ordinance adopted pursuant to the
GEORGIA LAWS 1981 SESSION
5051
provisions of the Municipal Home Rule Act of 1965, as
amended, amending the Charter of the City of Albany, Georgia,
and Act No. 105, Georgia Laws 1943, pages 1154-1158 (Related
Laws, Article A, entitled Pensions, Code of the City of Al-
bany), so as to provide for the transfer of pension, fund interests
and equities of newly employed city managers under prior pen-
sion plans to the City of Albany Pension Fund and to authorize
the Board of Commissioners to give credit for prior years of pub-
lic service.
A copy of said ordinance is on file in the office of the Clerk of
the City of Albany, Georgia, and a copy thereof is also on file in
the office of the Clerk of the Superior Court of Dougherty
County, Georgia, and such ordinance is available at either of
said places for the purpose of examination or inspection by the
public.
City of Albany
James V. Davis
City Attorney
January 18, 25; Feb. 1, 1980
Filed in the Office of Secretary of State March 4, 1980.
CITY OF ARLINGTONRECORDER.
An Ordinance to amend Section 6.02 (a) of the Charter of the
City of Arlington, Georgia relating to the qualifications required
for the office of the recorder, all pursuant to authority granted in
the Municipal Home Rule Act (Georgia Code Annotated Section
69-1017).
Whereas, the increasing complexity of the law has created a
situation that requires qualifications in the office of Recorder
that were not contemplated by the draftsmen of the present
Charter of the City of Arlington, Georgia, and
5052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Whereas, the provisions of the Charter of the City of Arling-
ton, Georgia relating to the qualifications for the office of Re-
corder are such that it has become impracticable to find quali-
fied candidates,
Therefore, be it ordained, by the mayor and council of the
City of Arlington, Georgia, that Section 6.02 (a) of the charter of
the City of Arlington, Georgia is hereby amended to read as
follows:
(a) No person shall be qualified or eligible to serve as Re-
corder unless:
(1) He (she) shall have attained the age of 21 years, and
(2) He (she) shall be qualified and registered to vote in one
of the counties that comprise the Pataula and South
Georgia Judicial Circuits; and
(3) He (she) shall be either a person licensed to practice law
in the State of Georgia, a duly elected Judge of the Pro-
bate Court of a county included in the Pataula and
South Georgia Judicial Circuit, or a duly elected and
qualified Justice of the Peace of a county included in
the Pataula and South Georgia Judicial Circuit.
The Recorder shall be appointed by the mayor and council
and shall serve at the discretion of the mayor and council. The
compensation of the Recorder shall be fixed by the mayor and
council.
Approved, this 9th day of Sept.,
1980.
City of Arlington, Ga.
By:
/s/ Bruce E. Ward
Mayor
GEORGIA LAWS 1981 SESSION
5053
Attest:
/s/ Eugenia Cheney
City Clerk
1st Reading 8-12-80
2nd Reading 8-12-80
3rd Reading 9-9-80
Effective Date 9-15-80
State of Georgia
County of Early
Before me, the undersigned attesting officer, came W. W.
Fleming, who, on oath, deposes and says that he is the publisher
and editor of the Early County News, the official organ of Early
County, Georgia and the Calhoun Courier, the official organ of
Calhoun County, Georgia and as such he affirms that the Notice
of Amendment to the charter of the City of Arlington, Georgia,
which is shown on the attached Exhibit A was duly published
in both the Early County News and the Calhoun Courier on Au-
gust 14, 1980, August 21, 1980 and August 28, 1980.
M W. W. Fleming
Publisher & Editor of Early
County News & Calhoun
Courier
Sworn to and subscribed before
me, this 11 day of September, 1980.
/s/ Jack W. Smith
Notary Public
My Commission Expires December 6, 1982
Amendment to the Charter of the City of Arlington, Georgia
This is to notify all persons concerned that the mayor and
council of the City of Arlington, Georgia are considering an ordi-
nance which will amend the charter of the City of Arlington,
Georgia and revise the qualifications for the office of recorder.
A complete example of the ordinance may be inspected in the
office of the city clerk of Arlington, clerk of Superior Court of
5054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Early County and clerk of Superior Court of Calhoun County.
s/Eugenia J. Cheney
Eugenia Cheney, City Clerk
E-8-21-3tc
Exhibit A
Filed in the Office of Secretary of State September 15, 1980.
CITY OF ATLANTAFIRE CHIEF AND CHIEF OF
POLICE.
An Ordinance under and by virtue of the authority of the Mu-
nicipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) as
amended to amend Article 8, Section 8-105 of the charter of the
City of Atlanta, Georgia, as amended; to provide that the direc-
tor of the bureau of police services and the director of the bu-
reau of fire services shall be known as the police chief and fire
chief respectively; to provide that the police chief and fire chief
shall be appointed by the mayor and confirmed by the council;
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 1. A copy of this proposed amendment to the char-
ter 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 pro-
posed 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 gen-
eral circulation in the City of Atlanta and in the official organ of
Fulton County and that a copy of said advertisement be at-
GEORGIA LAWS 1981 SESSION
5055
tached to this ordinance prior to its final adoption by the Coun-
cil of the City of Atlanta.
Section 2. Article 8, Section 8-105 of the charter of the City
of Atlanta, Georgia, (Ga. L. 1973, p. 2188, et seq., as amended,
approved March 16, 1973), is hereby amended by repealing sub-
section (b) in its entirety, which presently reads as follows:
(b) Each department or office shall be under the direct su-
pervision 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 said department. Each bureau or of-
fice 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 mayors 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 by the method as provided for
above.
and by substitution in lieu thereof a new subsection (b) which
shall read as follows:
(b) Each bureau of office shall be under the direct supervi-
sion 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 de-
partment head of said department; provided, however, that
the director of the bureau of police services and the director
of the bureau of fire services shall be known as the chief of
police and fire chief respectively, and whenever the phrase
bureau director appears herein the same applies to the chief
of police and fire chief, unless expressly excepted herein; and
provided further that said chief of police or fire chief shall,
when delegated by the commissioner of the department of
public safety, have all the power and authority of a depart-
ment head with regard to the operation of the bureau of po-
lice services and the bureau of fire services so as to supervise
the day-to-day operation of all divisions, units and com-
mands in the bureau of police services and the bureau of fire
5056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
services and he or she shall be responsible for the recommen-
dation, implementation and enforcement of rules, regulations
and procedures affecting said bureaus; and provided further
that said police chief and fire chief shall be appointed by the
mayor and confirmed by the council. Each bureau 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
mayors removal only upon a vote of two-thirds (2/3) of the
total membership of the council. Vacancies in the bureau di-
rector position shall be filled for the unexpired portion of the
term by the method as provided above.
so that, as amended, Section 8-105 shall read as follows:
(a) Each department operating under executive branch may
be divided into bureaus.
(b) Each bureau or office shall be under the direct supervi-
sion 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 de-
partment head of said department; provided, however, that
the director of the bureau of police services and the director
of the bureau of fire services shall be known as the chief of
police and fire chief respectively, and whenever the phrase
bureau director appears herein the same applies to the chief
of police and fire chief, unless expressly excepted herein; and
provided further that said chief of police and fire chief shall,
when delegated by the commissioner of the department of
public safety, have all the power and authority of a depart-
ment head with regard to the operation of the bureau of po-
lice services and the bureau of fire services so as to supervise
the day-to-day operation of all divisions, units and com-
mands in the bureau of police services and the bureau of fire
services and he or she shall be responsible for the recommen-
dation, implementation and enforcement of rules, regulations
and procedures affecting said bureaus; and provided further
that said police chief and fire chief shall be appointed by the
mayor and confirmed by the council. Each bureau 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
GEORGIA LAWS 1981 SESSION
5057
department heads, except that the council may override the
mayors removal only upon a vote of two-thirds (2/3) of the
total membership of the council. Vacancies in the bureau di-
rector position shall be filled for the unexpired portion of the
term by the method as provided above.
Section 3. This Act shall become effective upon its ap-
proval by the Mayor or upon its becoming law without approval.
Section 4. All laws and parts of laws in conflict with this
law are hereby repealed.
Adopted by City Council June 16, 1980.
Returned to Clerk with out action by the Mayor. Approved
Per Sec. 2-403 of the 1974
A true copy
/s/ Jerry 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 Article III, Chapter 3 of the charter of the City of At-
lanta, Ga. L. 1973, p. 2188 et seq., approved March 16, 1973, as
amended, so as to provide that the director of the Bureau of
police services and the director of the bureau of fire services
shall be known as the chief of police and fire chief respectively;
to provide that the chief of police and fire chief shall be ap-
pointed by the mayor and confirmed by the council; 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.
5058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 26th day of June, 1980.
/s/ Jerry C. Bearden
Deputy Clerk of Council
City of Atlanta
Exhibit A
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of the Decatur-DeKalb News/Era, a newspaper pub-
lished at Decatur, county of DeKalb, State of Georgia, who, be-
ing duly sworn, states on oath that the report of Notice to
Amend Article III, Chapter 3 of the City of AtlantaChiefs ap-
pointed by Mayor, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 29, 5, 12th day of
May, June, 1980.
/s/ Gerald W. Crane
Co-publisher
(by) /s/ Linda L. Orr
Agent
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 12th day of June,
1980.
/s/ Samme Johnson
Notary Public
My commission expires Jan. 4,
1982.
(Seal)
GEORGIA LAWS 1981 SESSION
5059
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend Article III, chapter 3 of the charter of the City of At-
lanta, Ga. L. 1973, p. 2188 et seq., approved March 16, 1973, as
amended, so as to provide that the director of the bureau of po-
lice services and the director of the bureau of fire services shall
be known as the chief of police and fire chief respectively; to
provide that the chief of police and fire chief shall be appointed
by the mayor and confirmed by the council; 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 23rd day of May, 1980.
Larry M. Dingle
Deputy Clerk of Council
City of Atlanta
27-9972, 5/29-6/12
Publishers Affidavit
State of Georgia
County of Fulton
Before me, the undersigned, a notary public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing 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 29 days of May, 1980, and on the
5, 12 days of June, 1980. As provided by law.
/s/ Frances K. Beck
5060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subscribed and sworn to before me this 13 day of June, 1980
/s/ Maiodis F. Palmer
Notary Public
My Commission Expires Nov.
17, 1983
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend Article III, chapter 3 of the charter of the City of At-
lanta, Ga. L. 1973, p. 2188 et seq., approved March 16, 1973, as
amended, so as to provide that the director of the bureau of po-
lice services and the director of the bureau of fire services shall
be known as the chief of police and fire chief respectively; to
provide that the chief of police and fire chief shall be appointed
by the mayor and confirmed by the council; 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 29th day of May, 1980.
Larry M. Dingle
Deputy Clerk of Council
City of Atlanta
Exhibit A
May 29 June 5 12 1980x
City of Atlanta
Clerk of Council
00257
GEORGIA LAWS 1981 SESSION
5061
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, 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 Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished 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 May
29, June 5 and 12, 1980.
/s/ Janet Schwartz
Sworn to and subscribed before me,
This 18th day of June, 1980.
/s/ Jack A. Donlay
Notary Public
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 Article III, chapter 3 of the charter of the City of At-
lanta, Ga. L. 1973, p. 2188 et seq., approved March 16, 1973, as
amended, so as to provide that the director of the bureau of po-
lice services and the director the bureau of fire services shall be
known as the chief of police and fire chief respectively; to pro-
vide that the chief of police and fire chief shall be appointed by
the mayor and confirmed by the council; 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
5062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the clerks of the superior courts of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 29th day of May, 1980.
Larry M. Dingle
Deputy Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State June 27, 1980.
CITY OF ATLANTABILLIARD ROOMS.
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 paragraph (18) of appendix I 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
for the regulation and control of billiard rooms; to repeal con-
flicting laws and ordinances; and for other purposes.
Be it Ordained and enacted by the council of the City of At-
lanta, Georgia as follows:
Section 1. That Paragraph (18) of Appendix I of the char-
ter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et
seq., approved March 16, 1973), as amended, which paragraph
reads as follows:
(18) To regulate or prohibit junk dealers; to regulate and
control pawn shops; 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;
GEORGIA LAWS 1981 SESSION
5063
shall be amended so that Paragraph (18), when amended shall
read as follows:
(18) To regulate or prohibit junk dealers; to regulate and
control billiard rooms; to regulate and control pawn shops;
the manufacture, sale or transportation of intoxicating li-
quors; the use and sale of firearms, and to regulate the trans-
portation, storage and use of combustible, explosive and in-
flammable materials, the use of lighting and heating
equipment, and any other business or situation which may be
dangerous to persons or property;
Section 2. That a copy of this proposed amendment to the
charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved
March 16, 1973), as amended, shall be filed in the office of the
clerk of council and 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 news-
paper of general circulation in the City of Atlanta and in the
official organ of Fulton County and that a copy of said advertise-
ment be attached to this ordainance 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 July 21, 1980
Approved by the Mayor July 29, 1980
A true copy,
/s/ Jerry 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 paragraph (18) of Appendix I of the charter of the
5064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March
16, 1973), as amended, so as to provide for the regulation and
control of billiard rooms; to repeal conflicting laws and ordi-
nances; 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 County,
Georgia, for purposes of examination and inspection by the
public.
This 20th day of June, 1980.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Exhibit A
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, 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 Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished 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 July
3, 10, and 17, 1980.
/s/ Janet Schwartz
Sworn to and subscribed before me,
This 29th day of July, 1980.
GEORGIA LAWS 1981 SESSION
5065
/s/ Jack A. Donley
Notary Public
My Commission Expires Aug. 10, 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 paragraph (18) of Appendix I of the charter of the
City of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March
16, 1973), as amended, so as to provide for the regulation and
control of billiard rooms; to repeal conflicting laws and ordi-
nances; 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 County,
Georgia, for purposes of examination and inspection by the
public.
This 20th day of June, 1980.
Larry M. Dingle, Clerk of Council
City of Atlanta
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, co-
publisher of the Decatur-DeKalb News/Era, a newspaper pub-
lished at Decatur, county of DeKalb, State of Georgia, who, be-
ing duly sworn, states on oath that the report of Notice of Pro-
posed Amendment to the Charter of City of Atlanta, Paragraph
18 of Appendix I, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 3, 10, 17th day of
5066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
July, 1980.
/s/ Gerald W. Crane
Co-Publisher
(by) /s/ Linda L. Orr
Agent
Acknowledgement of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 17th day of July, 1980
/s/ Samme Johnson
Notary Public
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 paragraph (18) of appendix I of the charter of the City
of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March 16,
1973), as amended, so as to provide for the regulation and con-
trol of billiard rooms; 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 County,
Georgia, for purposes of examination and inspection by the
public.
This 20th day of June, 1980.
Larry Dingle,
Clerk of Council
City of Atlanta
27-687, 7/3-7/17
GEORGIA LAWS 1981 SESSION
5067
Publishers Affidavit
State of Georgia
County of Fulton
Before me, the undersigned, a notary public, this day person-
ally came Mildred N. Lazenby, who, being first duly sworn, ac-
cording to law, says that she is the treasurer 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 3, 10, 17 days of July, 1980, and
on the___days of____, 19_. As provided by law.
/s/ Mildred N. Lazenby
Subscribed and sworn to before me
this 18th day of July 1980.
/s/ Maiodis F. Palmer
Notary Public
My Commission Expires Nov.
17, 1983
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend paragraph (18) of appendix I of the charter of the City
of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March 16,
1973), as amended, so as to provide for the regulation and con-
trol of billiard rooms; 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 County,
Georgia, for purposes of examination and inspection by the
public.
5068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 20th day of June, 1980.
Larry Dingle
Clerk of Council
City of Atlanta
July 3 10 17 1980
Filed in the Office of Secretary of State August 8, 1980.
CITY OF ATLANTADEPARTMENTS.
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 of an ordinance to amend
an ordinance entitled 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 in-
ternal organization of each department including professional
and technical qualifications of each department head, adopted
June 19, 1978, and approved June 22, 1978, so as to provide for
the creation and establishment of the duties of the office of tele-
communications in the department of the mayor; and for other
purposes.
Be it ordained and enacted by the council of the City of At-
lanta as follows:
Section 1: That section 8 of the above cited ordinance be
amended so that it shall read as follows:
Section 11. Department of the Mayor.
(a) The Department of the Mayor shall consist of nine (9)
offices:
1. Office of Management Systems
GEORGIA LAWS 1981 SESSION
5069
2. Office of Employment and Training
3. Office of General Services
4. Office of Equal Opportunity
5. Office of Consumer Affairs
6. Office of Purchasing and Real Estate
7. Office of Motor Transport Services
8. Office of Economic Development
9. Office of Telecommunications
Section 2: That that portion of section 8 of the above cited
ordinance entitled section 11(b), outlining the functions and du-
ties of the Department of the Mayor is amended by adding the
following language to that section:
(24) Refining and developing alternatives and recommenda-
tions for a communications plan and policy for action by the
Mayor and City Council.
(25) Monitoring and regulating provisions of service and rates
charged by any and all CATV franchises in accordance with
written contracts and approved regulations.
(26) Interfacing with the private CATV industry, the state
government, the federal government and private citizens (han-
dling user complaints). Acting as both a coordinator and dissem-
inator of information affecting the citys plans and policies in
the cable area.
(27) Actively and continuously pursuing state and federal
financing grants for operation and experimentation.
(28) Advising the Mayor and City Council as to the suitability
of beginning, renewing, assigning, transferring or terminating
any and all CATV franchises in accordance with written con-
tracts and approved regulations.
(29) Performing an ongoing needs assessment to update infor-
mation-transfer capabilities of the Atlanta City Government; es-
tablishing a comprehensive radio communications plan; and co-
ordinating the integration of radio, cable and computers for
transmitting data and information.
5070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(30) Serving as staff to the Citizens CATV Advisory Board.
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 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 news-
paper of general circulation in the City of Atlanta and in the
official organ of Fulton County and that a copy of said advertise-
ment 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 are hereby repealed.
Adopted as amended by Atlanta City Council August 4, 1980
Approved August 8, 1980
A true copy,
/s/ Larry M. Dingle
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 of an ordinance to amend an ordinance enti-
tled 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 organiza-
tion of each department, including professional and technical
qualifications of each department head, adopted June 19, 1978,
and approved June 22, 1978, so as to provide for the creation
and establishment of the duties of the office of telecommunica-
tions in the Department of the Mayor; 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
GEORGIA LAWS 1981 SESSION
5071
clerks of the superior courts of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 8th day of July, 1980
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned notary pub-
lic, 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 Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished 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 July
17, 24, and 31, 1980.
/s/ Janet Schwartz
Sworn to and subscribed
before me,
This 5 day of August, 1980.
/s/ Jack A. Donley
Notary Public
My Commission Expires Aug. 16, 1981
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
5072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
within and for said county and State, Gerald Wm. Crane, co-
publisher of the Decatur-DeKalb News/Era, a newspaper pub-
lished at Decatur, county of DeKalb, State of Georgia, who, be-
ing duly sworn, states on oath that the report of amendment to
Atlanta city charter, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 17, 24, 31st day of
July, 1980.
/s/ Gerald W. Crane
Co-Publisher
(by) /s/ Linda L. Orr
Agent
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 31st
day of July, 1980.
/s/ Samme Johnson
Notary Public
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 of an Ordinance to amend an Ordinance en-
titled An Ordinance specifying the names of the executive
Branch of the Government, setting forth the duties and func-
tions of each department thereof, and defining the internal or-
ganization of each department, including professional and tech-
nical qualifications of each department head, adopted June 19,
1978, and approved June 22, 1978, so as to provide for the crea-
tion and establishment of the duties of the office of telecommu-
nications in the Department of the Mayor; and for other
purposes.
A copy of the proposed amendment is on file in the office of
GEORGIA LAWS 1981 SESSION
5073
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 8th day of July, 1980.
Larry M. Dingle
Clerk of Council
City of Atlanta
27-1100,7/17-7/31
Publishers Affidavit
State of Georgia
County of Fulton
Before me, the undersigned, a notary public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the president of the Daily Report
Company, publishers of the Fulton County Daily Report, official
newspaper published at Atlanta, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 17, 24, 31 days of July, 1980, and
on the___days of____, 19_As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me
this 1 day of August, 1980.
/s/ Maiodis F. Palmer
Notary Public
My Commission Expires Nov. 17, 1983
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 of an ordinance to amend an Ordinance enti-
tled An Ordinance specifying the names of the executive
branch of the government, setting forth the duties and functions
5074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of each department thereof, and defining the internal organiza-
tion of each department, including professional and technical
qualifications of each department head, adopted June 19, 1978
and approved June 22, 1978, so as to provide for the creation
and establishment of the duties of the office of telecommunica-
tions in the Department of the Mayor; 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 courts of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 8th day of July, 1980.
Larry Dingle
Clerk of Council
City of Atlanta
July 17 24, 31 1980
Filed in the Office of Secretary of State August 22, 1980.
CITY OF BOSTONCHIEF OF POLICE.
An Ordinance to amend the charter for the City of Boston,
Georgia approved August 2, 1921, as amended by Act approved
August 18, 1923, as amended by Act approved April 12, 1963.
Whereas, the city charter presently provides that the city
marshall, who shall also be the chief of police, shall be a quali-
fied voter and resident of the City for twelve (12) months prior
to his selection and appointment, and
Whereas, said provision is unduly restrictive, prohibits the
city from considering applications of otherwise qualified person-
nel with law enforcement experience and could result in no qual-
GEORGIA LAWS 1981 SESSION
5075
ified applicants being available, and
Whereas, said provision may be unenforceable as violative of
Georgia Law, and
Whereas, other modifications of section 7 of the city charter
are desired,
Now therefore, be it resolved that the charter for the City of
Boston, Georgia approved August 2, 1921, as amended by act
approved August 18, 1923, as amended by act approved April 12,
1963 is hereby amended by striking section 7 in its entirety and
by inserting in lieu thereof a new section 7 to read as follows:
Section 7. Be it further resolved and enacted that the City of
Boston, Georgia shall have a marshall, who shall also be chief of
police, and who shall serve at the pleasure of the mayor and
council or until his successor is duly selected. The mayor and
council shall select and appoint the marshall and chief of police
at its first meeting in any calendar year and said marshall and
chief of police, unless earlier suspended or discharged, shall
serve until the first meeting of the succeeding calendar year and
until his successor is duly selected. In the event of a vacancy in
said office for any reason during any calendar year the mayor
and council shall select and appoint a replacement who shall
serve until the first meeting of the mayor and council in the next
succeeding calendar year and until his successor is duly selected
and appointed, as aforesaid. Any charter provisions or parts
thereof in conflict with this amendment are hereby repealed to
the extent of the conflict.
The above and foregoing ordinance was duly adopted by the
council of the City of Boston, Georgia as an amendment to the
citys charter pursuant to Georgia Code Annotated section 69-
1017, the first reading of said ordinance having been at the regu-
lar meeting of the council held on November 12, 1979 and the
second reading having been at the regular meeting of the council
held on December 10, 1979.
/s/ James E. Murphy, Jr.
Mayor
5076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
/s/ Norma Ritter
Clerk
Affidavit of Publication
Georgia, Thomas County
To Whom it May Concern:
Personally appeared before the undersigned, Eugene S.
Dunifon, advertising director of the Thomasville Times-Enter-
prise, a newspaper published daily except Sundays and Christ-
mas and having a general circulation in Thomasville, Thomas
County, Georgia, deposes and swears that Notice of Charter
Amendmentto amend section 7 of the citys charter ap-
peared in said newspaper in its issues of November 16, 23 and
30, 1979.
/s/ Eugene S. Dunifon
Advertising Director
Sworn to and subscribed
this 22nd day of January
/s/ Leau Sampson
Notary Public
Residing in Thomas County
My Commisson Expires Feb. 16, 1980
Notice of Charter Amendment
Notice is hereby given that the Council of the City of Boston,
Georgia proposes to amend Section 7 of the citys charter so as
to delete the qualification requirement that the marshall, who
shall also be chief of police, be a qualified voter and a resident
of the city for twelve months prior to his selection and appoint-
ment, and to clarify that the marshall and chief of police holds
office at the pleasure of the Council.
A copy of the proposed charter amendment is on file in the
office of the city clerk in city hall and in the office of the clerk of
the superior court of Thomas County Georgia for the purpose of
examination and inspection by the public.
GEORGIA LAWS 1981 SESSION
5077
Consideration of said proposed amendment for final adoption
will be an order of business at the regular meeting of the Council
of Boston, Georgia to be held on December 10, 1979 at 7:30
oclock P.M. in the City Hall of Boston, Georgia.
City of Boston Georgia
By: Oscar T. Cook, Jr.
City Attorney
Filed in the Office of Secretary of State February 19, 1980.
CITY OF COVINGTONCORPORATE LIMITS.
An Ordinance to be entitled
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 Jan-
uary 30, 1962 (Georgia Laws 1962, page 2003) as amended, pur-
suant to the Municipal Home Rule Act of 1965 (Georgia Laws
1965, page 298) by adding additional provisions to section 4 of
the charter of the City of Covington specifying that the territo-
rial boundaries of the City of Covington shall include not only
the areas specified in said section 4, but also all areas now or
subsequently annexed into the corporate limits by annexation
ordinances, to provide for an effective date therefor and for
other purposes.
Be it ordained by the mayor and council of the City of Cov-
ington, Georgia, in council duly assembled, and it is hereby or-
dained 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 additional provisions to Sec. 4.
Territorial Boundaries, which will provide for the addition of ex-
tra territory into the corporate limits of the City of Covington
by annexation ordinance, so that after amendment, the aforesaid
5078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
section 4 of the charter of the City of Covington, Georgia, shall
read as follows:
Sec. 4. Territorial Boundaries. The corporate limits of
the city shall extend for a radius of 1 and 3/4 miles from the
center of the Confederate Monument in the public square of
the city, except that portion in said radius incorporated in
the Town of Oxford. The corporate limits of the city shall
also include all property contiguous to the corporate limits
described in the preceding sentence and now or hereinafter
annexed into the corporate limits by the mayor and council
of the city pursuant to annexation ordinances duly adopted
by the mayor and council pursuant to applicable laws of the
State of Georgia.
This ordinance shall become effective upon complete compli-
ance 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 April 7, 1980.
First offered and adopted on the 17th day of March, 1980, and
again adopted on this the 7th day of April, 1980, the next regu-
larly scheduled meeting of the mayor and council of the City of
Covington succeeding its regularly scheduled meeting of March
17, 1980.
The City of Covington
By: /s/ W. L. Dobbs
Mayor
Attest:
/s/ Betty L. Schell
City Clerk
(City Seal)
Affidavit of Publication
State of Georgia
County of Newton
Personally appeared before the undersigned officer, Leo S.
Mallard, who says on oath that he is president of The Covington
GEORGIA LAWS 1981 SESSION
5079
News, a newspaper which has a general circulation in the munic-
ipality 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 March 6, 1980, March 13, 1980, and
March 20, 1980, editions of The Covington News.
/s/ Leo S. Mallard
Sworn to and subscribed
before me, this 25th day
of March, 1980.
/s/ Jerry D. Bouchillon
Notary Public
State of Ga. at Large
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 4 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 pro-
posed amendment will specify that the territorial boundaries of
the City of Covington shall include those areas currently within
the corporation limits of the City of Covington as well as all
property contiguous to the existing city limits which is now or
hereinafter annexed into the corporate limits by the Mayor and
council of the city pursuant to annexation ordinances duly
adopted under applicable laws of the State of Georgia. 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 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.
5080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The City of Covington
By [Mrs.] Betty L. Schell
City Clerk
Exhibit A
Filed in the Office of Secretary of State April 4, 1980.
CITY OF COVINGTONUTILITY RATES.
An Ordinance to be entitled
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 Jan-
uary 30, 1962, (Georgia Laws 1972, page 2003) as amended, pur-
suant to the Municipal Home Rule Act of 1965 (Georgia Laws
1965, page 298) as amended, by adding additional provisions to
section 16 of the charter of the City of Covington, Georgia, spec-
ifying that the City of Covington shall have the authority by or-
dinance to impose a product cost adjustment that will automati-
cally adjust the citys billing for natural gas and/or electricity
sales for fluctuations in product costs charged to the city by its
electricity and/or natural gas suppliers, to repeal conflicting pro-
visions, to provide for an effective date, and for other purposes.
Be it ordained by the mayor and council of the City of Cov-
ington, Georgia, in council duly assembled, and it is hereby or-
dained 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 Coving-
ton, Georgia, be amended as follows:
1.
Sec. 16 UtilitiesFurnishing Services and Facili-
ties. of the Charter of Covington, Georgia, is hereby amended
GEORGIA LAWS 1981 SESSION
5081
to expressly authorize the city by ordinance to impose a product
cost adjustment that will automatically adjust the citys billings
for natural gas and/or electricity sales for fluctuations in product
costs charged to the city by its electricity and/or natural gas
suppliers by adding additional provisions to the aforesaid Sec.
16 so that after amendment, Sec. 16 of the charter of the City of
Covington shall read as follows:
Sec. 16. UtilitiesFurnishing Services and Facili-
ties. The city shall have the power and authority to operate,
enlarge, expand, extend, improve, construct, lay, maintain, re-
move, repair and replace water, electric and natural gas lines,
sewer and sanitary systems and facilities, within and without the
city, and to charge, contract for and receive compensation for
such service, and on such terms and conditions as may be pre-
scribed by the city ordinance, and for such purposes the city
shall have the power of eminent domain which it is hereby au-
thorized to exercise to acquire by condemnation any lands, ease-
ments, rights-of-way and other properties or rights therein
deemed needful or convenient for any purposes when necessary
to acquire the same; provided however, nothing contained herein
shall prohibit the city from passing utility rate ordinances inci-
dental to the operation of the citys electric and natural gas sys-
tems that automatically adjust the citys billing for natural gas
and/or electricity sales for fluctuations in product costs charged
to the city by its electricity and/or natural gas suppliers. The
city is expressly authorized to establish from time to time by
ordinance, a procedure for imposing a product cost adjustment
that will automatically adjust the citys billings for natural gas
and/or electricity sales for fluctuations in the product cost
charged to the city by its electricity and/or natural gas
suppliers.
2.
All provisions of the charter of the City of Covington in con-
flict with this ordinance are hereby expressly repealed.
3.
This ordinance shall become effective upon complete compli-
ance with section 6 of the Municipal Home Rule Act of 1965
5082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Georgia Laws 1965, pages 298, 307); however, in no event shall
this ordinance become effective prior to November 17, 1980.
First offered and adopted on the 20th day of October, 1980,
and again adopted on this the 3rd day of November, 1980, the
next regularly scheduled meeting of the Mayor and Council of
the City of Covington succeeding its regularly scheduled meeting
of October 20, 1980.
The City of Covington
By
M W. L. Dobbs
Mayor
Attest:
/s/ Betty L. Schell
City Clerk
(City Seal)
Affidavit of Publication
State of Georgia
County of Newton
Personally appeared before the undersigned officer, Leo S.
Mallard, who says on oath that he is president of The Covington
News, a newspaper which has a general circulation in the munic-
ipality 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 October 16, October 23 and October
30, 1980, editions of The Covington News.
/s/ Leo S. Mallard
Sworn to and subscribed
before me, this 31st day
of October, 1980.
GEORGIA LAWS 1981 SESSION
5083
/s/ Cherie W. Agnes
Notary Public
My Commission Expires Nov. 1, 1983
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 16 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 pro-
posed amendment will authorize the City of Covington by ordi-
nance to impose a product cost adjustment that will automati-
cally adjust the citys billings for natural gas and/or electricity
sales for fluctuations in product costs charged to the city by its
electricity and/or natural gas suppliers. A copy of the proposed
amendment is on file with the city clerk, Mrs. Betty L. Schell, at
City Hall, Conyers Street, Covington, Georgia, and in the office
of the clerk of superior court of Newton County, Newton County
Courthouse, Covington, Geogia, for the purpose of examination
and inspection by the public. The city clerk shall furnish any-
one, upon request a copy of the proposed amendment.
The City of Covington
By [Mrs] Betty L. Schell
City Clerk
Filed in the Office of Secretary of State November 6, 1980.
CITY OF EAST POINTRETIREMENT SYSTEM.
Home Rule Ordinance
An Ordinance to amend an Ordinance adopted pursuant to
5084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et
seq.) amending the municipal charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several Acts amendatory thereof and particularly that
Act and ordinance adopted on June 19, 1975, establishing a new
retirement system for the employees of the City of East Point,
Georgia, enrolled in Georgia Laws 1976 (Ga. L. 1976, p. 4561, et
seq.) to provide for a reduction of the employees contribution to
the plan; to provide certain retirement benefits to school cross-
ing guards; to provide for severability; to repeal conflicting laws
and ordinances; and for other purposes.
Be it ordained by the mayor and council of the City of East
Point, 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.) as amended and particularly that Act approved
June 19, 1975 (Ga. L. 1976, p. 4561, et seq.) is hereby further
amended as hereinafter more particularly set forth.
Section 2. Section 1(a) of Article VIII of that particular
Home Rule Ordinance adopted June 19, 1975 (Ga. L. 1976, p.
4592) is hereby stricken in its entirety and there shall be in-
serted in lieu thereof a new Article VIII, Section 1(a) which shall
read as follows:
Article VIIIContributions
Section 1Participant Contributions
(a) Each participant shall contribute monthly two and one-
half percent of his earnings. The amount of each partici-
pants contribution shall be deducted from his pay by the
City. In no event shall a participants contribution exceed
fifty (50%) percent of the total cost of his acrued benefits
under the Plan.
Section 3. Article III, Section 1 (CLASS 1) of that particu-
lar Home Rule Ordinance adopted June 19, 1975 (Ga. L. 1976, p.
4574) is hereby striken in its entirety and there shall be inserted
in lieu thereof a new Article III, Section 1 (CLASS 1) which
shall read as follows:
GEORGIA LAWS 1981 SESSION
5085
Article IIIEligibility, Qualification and Participation
Section 1Ineligible Classes of Employees.
CLASS 1Employees who regularly work less than thirty
(30) hours per week in the service of the City or any person
employed for less than eleven (11) months in any year, or on
a retainer or fee basis, except that school crossing guards em-
ployed on or before Jun 21, 1975, shall not by this section be
ineligible for participation in the Plan.
Section 4. Severability. In the event any section, subsec-
tion, sentence, clause or phrase of this ordinance shall be de-
clared or adjudged invalid or unconstitutional, such adjudication
shall in no manner affect the previously existing provisions of
the other sections, subsections, sentences, clauses or phrases of
this ordinance which shall remain in full force and effect, as if
the section, subsection, sentence, clause or phrase so declared or
adjudicated invalid or unconstitutional were not originally a part
thereof. The city council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 5. The city clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said city clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said city clerk is further directed to
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the city council,
the city clerk is instructed within thirty (30) days thereafter to
furnish certified copies of this ordinance to the Secretary of
State of the State of Georgia for enrollment in Ga. Laws
thereafter.
Section 6. This ordinance shall become effective immedi-
5086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ately upon its adoption and the charter provisions, ordinances
and parts of ordinances in conflict herewith are hereby expressly
repealed.
First Reading 8-4-80
Second Reading 8-18-80
GNS 7/80
This ordinance having been properly considered and adopted
by the city council of the City of East Point, Georgia, same is
hereby approved.
This 18th day of August, 1980.
/s/ Mary Holleman
City Clerk
/s/ Bruce Bannister
Mayor
Publishers Affidavit
State of Georgia
County of Fulton
Before me, the undersigned, a notary public, this day person-
ally came Frances K. Beck, who, being first duly sworn accord-
ing 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 21, 28 days of July, 1980, and on
the 4, 11 days of August, 1980. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me
this 27 day of August, 1980
/s/ Maiodis F. Palmer
Notary Public
My Commisson Expires Nov. 17, 1983.
GEORGIA LAWS 1981 SESSION
5087
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 the Municipal Charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.),
and the several acts mandatory thereof and particularly that act
or ordinance adopted June 19, 1975 establishing a new retire-
ment system for the employees of the City of East Point, Geor-
gia, enrolled in Georgia Laws, 1976 (Ga. L. 1976, p. 4561, et.
seq.) to provide for a reduction of the employees contribution to
plan; to provide certain retirement benefits to school crossing
guards; to provide for severability; to repeal conflicting laws and
ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the
city clerk of the City of East Point, City Hall, East Point, Geor-
gia and the office of the Clerk of the Superior Court of Fulton
County, Fulton County Courthouse, Atlanta, Georgia, for exami-
nation 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 the first time at the regular
meeting of city council of the City of East Point on August 4th,
1980, and will be considered for final adoption at the regular
meeting of City Council on August 18th, 1980.
Mary Holleman, Clerk
City of East Point, Ga.
July 21 28 Aug 4 11 1980
Publishers Certificate
State of Georgia
County of Fulton
Personally appeared before the undersigned, a notary public
within and for said county and State, Georgia, publisher of the
Southside Sun, a newspaper published at East Point, Georgia,
5088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county of Fulton, State of Georgia, who, being duly sworn, states
on oath that the report of invitation to bid #1893, a true copy of
which is hereto annexed, was published in said newspaper in its
issues of the 7/24/80, 7/31 and 8/7/80.
/s/ Gerald W. Crane
Publisher
Acknowledgement of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 27th day of August,
1980.
/s/ Lance Hill
Notary Public
My commission expires Aug.
13, 1984
(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 the Municipal charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.)
and the several acts mandatory thereof and particularly that act
or ordinance adopted June 19, 1975 establishing a new retire-
ment system for the employees of the City of East Point, Geor-
gia enrolled in Georgia Laws, 1976 (Ga. L. 1976, p. 4561, et seq.)
to provide for a reduction of the employees contribution to
plan; to provide certain retirement benefits to school crossing
guards; to provide for severability; to repeal conflicting laws and
ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the
city clerk of the City of East Point, City Hall, East Point, Geor-
gia and the office of the clerk of the superior court of Fulton
County, Fulton County Courthouse, Atlanta, Georgia, for exami-
nation and inspection by the public. The city clerk of said city
will furnish anyone upon request with a copy of the proposed
GEORGIA LAWS 1981 SESSION
5089
ordinance.
The ordinance will be considered the first time at the regular
meeting of City Council of the City of East Point on August 4th,
1980, and will be considered for final adoption at the regular
meeting of City Council on August 18th, 1980.
Mary Holleman, Clerk
City of East Point, Georgia
#1893
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 the municipal charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.)
and the several acts mandatory thereof and particularly that act
or ordinance adopted June 19, 1975 establishing a new retire-
ment system for the employees of the City of East Point, Geor-
gia, enrolled in Georgia Laws, 1976 (Ga. L. 1976, p. 4561, et.
seq.) to provide for a reduction of the employees contribution to
plan; to provide certain retirement benefits to school crossing
guards; to provide for severability; to repeal conflicting laws and
ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the
city Clerk of the City of East Point, City Hall, East Point, Geor-
gia and the office of the clerk of the superior court of Fulton
County, Fulton County Courthouse, Atlanta, Georgia, for exami-
nation 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 the first time at the regular
meeting of city council of the City of East Point on August 4th,
1980, and will be considered for final adoption at the regular
meeting of City Council on August 18th, 1980.
/s/ Mary Holleman, Clerk
City of East Point, Georgia
Filed in the Office of Secretary of State September 19, 1980.
5090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF FITZGERALDHEALTH HAZARDS.
Ordinance Number 1033
An Ordinance to amend the charter of the City of Fitzgerald,
Georgia, to provide that the mayor and council shall have the
authority to determine that property constitutes a health haz-
ard, to provide for procedures for the making of such determina-
tion, to provide for notice to the owners of said property, to pro-
vide for the removal of said health hazards and the assessment
of the cost of said removal against the property, to make it un-
lawful for owners of property to permit their property to become
health hazards, to provide for the filing of affidavits of illegality,
to provide for severability of this ordinance and for other
purposes.
Whereas, there are lots within the City of Fitzgerald on which
is located junk, debris and remains of structures which no longer
serve any useful purpose, and
Whereas, the conditions existing on said lots constitute health
hazards, and
Whereas, it is necessary and desirable to amend the charter of
the City of Fitzgerald so as to provide for the clearing of said
lots and for charging the cost of said clearing to the owner of
said lots and establishing a lien against said lots for the cost of
said clearing and to provide penalties for permitting said lots to
constitute health hazards.
Now, therefore, the mayor and council of the City of Fitzger-
ald do hereby enact this ordinance to amend the charter laws of
the City of Fitzgerald, Georgia, Georgia laws, 1914, page 781,
Section 92 as amended, by adding new sections to said Section
92 said new sections to be known as Sections 92-A, 92-B, 92-C,
and 92-D and said new sections to be in addition to said existing
Section 92 and which said additional sections shall provide as
follows:
Section 92-A. In addition to existing powers and authorities,
the mayor and council of the City of Fitzgerald shall have full
power and authority to determine by resolution that any pri-
GEORGIA LAWS 1981 SESSION
5091
vately owned real estate located within the corporate limits of
the City of Fitzgerald constitutes a health hazard because of
debris, junk, or remains of structures which no longer serve any
useful purpose. Prior to the passing of said resolution the city
building inspector or the city sanitarian shall make an inspec-
tion of said property and shall determine that health hazards
exist. After making such determination the city building inspec-
tor or the city sanitarian shall cause to be mailed to the person
who last paid city taxes on said property a notice that said prop-
erty constitutes a health hazard, and said notice shall give the
owner 30 days within which to clean up said lots so that it no
longer constitutes a health hazard. Said notice shall be mailed
by United States Certified or Registered Mail to said owner at
the last address shown on the tax records of the City of Fitzger-
ald. Said city building inspector or city sanitarian shall also post
a notice on said property that it has been determined that
health hazards exist on said property and that the owner of said
property has 30 days within which to remove said health
hazards. After the expiration of said 30 days the city building
inspector or city sanitarian shall recommend to the mayor and
council of the City of Fitzgerald that said property should be
cleared of debris, junk or remains of structures which no longer
serve any useful purpose and the mayor and council shall then
act on the resolution hereinbefore referred to. After the passage
of said resolution by the mayor and council of the City of Fitz-
gerald the city administrator of said city shall cause said prop-
erty to be cleared of said debris, junk or remains of structures
which no longer serve any useful purpose and shall determine
the cost of said clearing of said lots and shall cause an execution
to issue against said property in the same manner as executions
now issue for city ad valorem taxes.
Section 92-B. It shall be unlawful to permit any real estate
located within the corporate limits of the City of Fitzgerald to
remain cluttered with debris, junk or remains of structures
which no longer serve any useful purpose for a period of more
than 30 days and to permit said real estate to be a health
hazard.
Section 92-C. Whenever executions have been issued on
assessments for the removal of debris, junk or remains of struc-
tures which no longer serve any useful purpose, the land owner
5092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall have the right to file within 30 days an affidavit of illegality
denying that the whole or any part of the amount for which the
execution issued is due and stating what amount he admits to be
due, which amount admitted to be due with all costs shall be
paid and collected before the affidavit is received by the chief of
police and the affidavit shall be received for the balance unpaid
and such affidavit so received shall be returned to the Superior
Court of Ben Hill County, Georgia and there tried and the issue
determined as in cases of illegality subject to all penalties pro-
vided in cases of illegality for delay.
Section 92-D. If any section of this ordinance, or the appli-
cation thereof to any person or circumstance is held invalid, the
validity of the remainder of this ordinance and the application
of such provisions to other persons and circumstances shall not
be affected thereby.
Date of First Adoption: 2/25/80
Passed by the Following Vote: Yes 8; No 0
Date of Second Adoption: 3/11/80
Passed by the Following Vote: Yes 9; No 0
Approved:
(s) Gerald H. Thompson
Mayor
Attest:
(s) Louise Wiggins
Clerk
Georgia
Ben Hill County
City of Fitzgerald.
Personally appeared before the undersigned, an officer author-
ized by law to administer oaths, Louise Wiggins, who after being
first duly sworn on oath says that she is the duly qualified,
elected and acting clerk of the City of Fitzgerald and that the
GEORGIA LAWS 1981 SESSION
5093
within and foregoing is a true and correct copy or Ordinance No.
1033, being an ordinance to amend the charter of the City of
Fitzgerald to provide tht the mayor and council shall have the
authority to determine that property constitutes a health hazard
and for other purposes, and that said amendment to said charter
was duly and legally adopted at two regular consecutive meet-
ings of the mayor and council of the City of Fitzgerald, a munic-
ipal governing authority, not less than seven nor more than sixty
days apart.
/s/ Louise Wiggins
Sworn to and subscribed
before me this 15th day
of May, 1980.
/s/ Therese K. Griffin
Notary Public,
Ben Hill County, Georgia.
Notice of Proposed Amendment to the Charter of the City of
Fitzgerald, Georgia
Notice is hereby given that an ordinance has been proposed
amending the charter of the City of Fitzgerald to provide that in
addition to existing powers and authority, the mayor and council
of the City of Fitzgerald shall have full power and authority to
determine by resolution that any privately owned real estate lo-
cated within the corporate limits of the City of Fitzgerald consti-
tutes a health hazard because of debris, junk or remains of
structures which no longer serve any useful purpose. Said pro-
posed ordinance further provides that prior to passing of said
resolution, the city building inspector or the city sanitarian shall
make an inspection of said property and shall determine that
health hazards exist. After making such determination the city
building inspector or city sanitarian shall cause to be mailed to
the person who last paid city taxes on said property a notice
that said property constitutes a health hazard and said notice
shall give the owners thirty days within which to clean up said
lots so that it no longer constitutes a health hazard. Said pro-
posed ordinance further provides for the mailing of said notice
end the posting of said notice on said property. Said ordinance
5094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
further provides that after the passage of said resolution by the
mayor and council, said property shall be cleared of said debris,
junk or remains of structures which no longer serve any useful
purpose and the cost of said cleaning shall be assessed against
said property. Said ordinance further makes it unlawful to per-
mit any real estate located within the corporate limits of the
City of Fitzgerald to remain cluttered with debris, junk or re-
mains of structures which no longer serve any useful purpose for
a period of more than thirty daiys. Said ordinance further pro-
vides for the filing of affidavits of illegality, for severability and
for other purposes.
A copy of said proposed amendment to the charter of the City
of Fitzgerald is on file in the office of the clerk of the mayor and
council of the City of Fitzgerald. Another copy of said proposed
amendment is on file in the office of the Clerk of the Superior
Court of Ben Hill County, Georgia. Said copies of said proposed
amendment are available to the general public during regular
business hours for the purpose of examination and inspection.
Said clerk of the mayor and council of the City of Fitzgerald
shall furnish anyone upon written request a copy of said pro-
posed amendment.
/s/ Louise Wiggins
Clerk of the Mayor and Coun-
cil of the City of Fitzgerald
Georgia,
Ben Hill County.
Personally appeared before the undersigned, an officer author-
ized by law to administer oaths, Gerald W. Pryor, who after be-
ing first duly sworn, on oath says that he is editor and publisher
of the Fitzgerald Herald and Leader, the official organ for the
City of Fitzgerald, Georgia, and that the attached notice of pro-
posed amendment to the charter of the City of Fitzgerald, Geor-
gia, was duly published in said newspaper on February 21, 1980,
February 28, 1980, and March 6, 1980.
/s/ Gerald W. Pryor
Sworn to and subscribed before
GEORGIA LAWS 1981 SESSION
5095
me this 15 day of May, 1980.
/s/ Therese K. Griffin
Notary Public,
Ben Hill County, Georgia.
Filed in the Office of Secretary of State May 29, 1980.
CITY OF JESUPCHARTER AMENDED.
An Ordinance to amend the charter of the City of Jesup ap-
proved December 15, 1937 (Georgia Laws 1937-38), Extra Ses-
sion, p. 1142), as amended, so as to change the fiscal year; to
provide that contracts of more than $1,000.00 shall be awarded
by bid and shall be under contract and further that all contracts
for public improvements in the amount of $5,000.00 shall require
good and sufficient surety bond; to provide a maximum fine of
$500.00 in the recorders court; and for other purposes.
Be it ordained by the board of commissioners of the City of
Jesup as follows:
Pursuant to the Municipal Home Rule Act of 1965 (Georgia
Laws 1965, pp. 298, 299), as amended, an Act incorporating and
creating a new charter for the City of Jesup in Wayne County,
Georgia, approved December 15,1937 (Georgia Laws 1937, Extra
Session, p. 1142), as amended, is hereby further amended as
follows:
Section 1. Section 46 of the charter is hereby amended by
striking the same in its entirety and inserting in lieu thereof the
following:
Section 46. The fiscal year of the city shall begin on the first
day of October and end on the last day of September of each
year. Such fiscal year shall also constitute the budget and ac-
counting year.
5096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said charter is further amended by striking section
49 in its entirety and inserting in lieu thereof a new section 49,
to read as follows:
Section 49. The city manager, at least forty-five (45) days
prior to the beginning of each budget year, shall submit to the
board of commissioners a budget and an explanatory budget
message in the form and with the contents hereinafter set forth.
The budget and budget message and all supporting schedules
shall be a public record in the office of the city clerk, open to
public inspection.
Upon receipt of said budget and budget message, the board of
commissioners shall, after making such amendment or amend-
ments thereto as they deem necessary adopt such budget and
make such budget the ruling factor in the annual fiscal affairs of
the city, said budget to be adopted not later than the first regu-
lar meeting of each fiscal year.
In the event the board of commissioners shall fail or refuse to
adopt the proposed budget for any reason the budget for the
preceding year shall be and become the budget for the city dur-
ing the current year.
From the effective date of the budget, the several specific
amounts stated therein as proposed expenditures shall be and
become appropriated to the several objects and purposes therein
named, and no warrant for payment of any claim against the
city shall be issued until the city treasurer shall have signed the
same, thereby certifying that there is an unencumbered balance
in such appropriation account, properly chargeable, sufficient to
meet the obligation entailed by such expenditure; provided,
however, the the city manager shall be authorized, when he shall
deem the same necessary and expedient, to make payment of all
administrative costs of the city government between the begin-
ning of the fiscal year and the date of the adoption of such
budget.
From the effective date of the budget, the amount stated
therein as the amount to be raised by ad valorem tax shall con-
stitute a determination on the amount of the levy for the pur-
pose of the city, in the corresponding tax year, without any fur-
GEORGIA LAWS 1981 SESSION
5097
ther action on behalf of the board of commissioners; provided,
however, that said ad valorem tax shall not exceed two (2) per
cent upon the value of the property taxed, or twenty mills on
the dollar, for general operating expenses.
The budget message submitted by the city manager to the
board of commissioners shall be explanatory of the budget, shall
contain an outline of the proposed financial policies of the city
for the budget year and shall describe in connection therewith
the important features of the budget plan. It shall contain the
estimated tax levy required to produce an amount of income
which, together with the estimated income from all other
sources, will equal the appropriations contained in the budget. It
shall also contain a capital program of proposed capital projects
for the five fiscal years next succeeding the budget year.
Section 3. Said charter 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. Any public works or improvement project costing,
in the aggregate, more than one thousand dollars ($1,000.00)
shall be done and constructed under and by contract, except
where a special or specific work or improvement is authorized by
the board of commissioners to be done by city force or through
assistance from the Federal or State government. All such con-
tracts, aggregating more them one thousand dollars ($1,000.00),
shall be awarded to the lowest and best bidder after public ad-
vertisement, as may be prescribed by ordinance, but the board
of commissioners shall have the right to reject any and all bids
and advertise for bids from time to time until a satisfactory bid
has been received. No changes or alterations of any contract so
awarded shall be valid unless such change or alteration shall
have been agreed upon, in writing and signed by the contractor
and the mayor, under authority of the board of commissioners,
granted by proper resolution, prior to said changed contract be-
coming effective. No contract for any public works or improve-
ment, costing more than five thousand dollars ($5,000.00), shall
become valid until the contract therefor shall have been duly ex-
ecuted and the contractor shall have executed and delivered to
the City of Jesup good and sufficient surety bond conditioned
for the faithful performance and completion of said contract and
5098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said bond shall have been approved by the city attorney.
Section 4. Said charter is further amended by striking section
115 in its entirety and inserting in lieu thereof a new section
115, to read as follows:
Section 115. The said police court shall have jurisdiction to
try any person charged with violation of any penal ordinance of
said city, and upon conviction for violation of any penal ordi-
nance of the City of Jesup, to impose such penalties for viola-
tions thereof as may be provided in such ordinance, not to ex-
ceed a fine of five hundred dollars ($500.00) or imprisonment in
the city jail, Wayne County jail or to labor on the public works,
chain gang or streets of the City of Jesup for not longer than one
hundred twenty (120) days, either or both, and the mayor,
mayor pro tem, recorder or other officer herein authorized to sit
and preside in such court, shall have power and authority to im-
pose such punishment. Any fine so imposed by said court may
be collected by execution issued by the clerk of the City of Jesup
against the estate, both real and personal, of the person so fined,
and levy and sale had, thereunder, in the manner prescribed
herein for levy and sale under fi. fa. issued by said city.
Section 5. Said charter is further amended by striking section
267 in its entirety and inserting in lieu thereof a new section
267, to read as follows:
Section 267. Where any law, resolution or ordinance of said
city does not provide any penalty for violation of same, upon
conviction thereof in the police or recorders court of said City of
Jesup, the offender shall be punished by a fine not to exceed five
hundred dollars ($500.00) or imprisonment or labor as set forth
in Section 115 of the charter.
Section 6. All ordinances or laws and parts of ordinances and
laws in conflict herewith are hereby repealed.
GEORGIA LAWS 1981 SESSION
5099
SO ORDAINED, this 15th day of April, 1980.
/s/ R. W. Woodruff
Mayor
/s/ John H. NeSmith
Commissioner
/s/ Jim Collin
Commissioner
/s/ William C. Rentz
Commissioner
/s/ John F. Parker
Commissioner
Attest:
/s/ Sue R. Sutton
City Clerk
I, Sue R. Sutton, clerk of the board of commissioners of the
City of Jesup, do hereby certify that the foregoing is a true and
correct copy of an ordinance to amend the charter of the City of
Jesup approved December 15, 1937 (Georgia Laws 1937-38), Ex-
tra Session, page 1142), as amended, so as to change the fiscal
year; to provide that contracts or more than $1,000.00 shall be
awarded by bid and shall be under contract and further that all
contracts for public improvements in the amount of $5,000.00
shall require good and sufficient surety bond; to provide a max-
imum fine or $500.00 in the recorders court; and for other
purposes.
This ordinance was passed by the board of commissioners for
the City of Jesup at their regular meetings on April 1, 1980 and
April 15, 1980.
This ordinance is on file in the city hall, Jesup, Georgia, and
in the clerk of Superior Courts office, Wayne County, Georgia.
/s/ Sue R. Sutton
Clerk of the Board of Commis-
sioners of the City of Jesup
5100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice
Jesup, Wayne County, Georgia
Notice is hereby given that pursuant to The Municipal Home
Rule Act of 1965 (Georgia Laws 1965, pp. 298-299), there will be
introduced at the regular meeting of the Board of Commission-
ers of the City of Jesup, on April 1, 1980 and April 15, 1980, at
7:00 p.m., at City Hall, Jesup, Georgia, an ordinance to amend
the Charter for the City of Jesup (Georgia Laws 1937-38, Ex.
Sess., pp. 1142) as amended as follows:
(1) To change the fiscal year of the City of Jesup, to begin on
September 1 of each year; to provide that the annual budget of
the City of Jesup should be adopted at the first regular meeting
in September of each year; to change other provisions affecting
the time for the presentation and the adoption of the budget of
said city; to prescribe the procedure connected with the forego-
ing; and to provide an effective date and for other purposes;
(b) To provide that work and improvements costing in the ag-
gregate of less than $1,000.00 may be performed without the ne-
cessity of a written contract or without formal advertisement
and bid;
(c) To provide that where any law, resolution or ordinance of
said city does not provide any penalty for violation of same,
upon conviction thereof in the police or recorders court in said
City of Jesup, the offender shall be punished by a fine not to
exceed $500.00 or imprisonment for a period not to exceed 120
days, either or both; and for other purposes.
A copy of the proposed amendment is on file in the office of
the city clerk, Jesup, Georgia, and the office of the clerk of supe-
rior court, Wayne County, Georgia, for the purpose of examina-
tion and inspection by the public.
This 4th day of March, 1980.
s/Sue R. Sutton, City Clerk
March 6, 13, 20, 1980. No. 996
GEORGIA LAWS 1981 SESSION
5101
Georgia, Wayne County
Personally appeared before the undersigned officer, duly au-
thorized to administer oaths, W. H. NeSmith, Jr., who first be-
ing duly sworn, deposes and says on oath that he is publisher of
the Press/Sentinel, the official organ of Wayne County, Georgia,
and that there has been published in said newspaper on March
7, March 14, and March 21, 1980, the attached and foregoing
notice of the City of Jesups intention to introduce an ordinance
to amend the charter of the City of Jesup, so as to change the
fiscal year; to provide that contracts of more than $1,000.00 shall
be awarded by bid and shall be under contract, and further that
all contracts for public improvements in the amount of $5,000.00
shall require good and sufficient surety bond; and to provide a
maximum fine of $500.00 in the recorders court; and for other
purposes.
/s/ W. H. NeSmith, Jr.
Sworn to and subscribed before
me this 16th day of April, 1980.
/s/ Robert B. Smith
Notary Public, State of Georgia
Filed in the Office of Secretary of State May 5, 1980.
CITY OF MACONCOUNCIL ACTIONS.
An Ordinance of the City of Macon amending division I, arti-
cle II, chapter 2, section 2-322, paragraph (c), of the charter of
the City of Macon pursuant to the authority granted the City of
Macon under the Municipal Home Rule Act of 1965 (1965 Ga.
Laws, p. 298 et seq., as amended; Ga. Code Ann. sections 69-
1017 et seq.), by striking in its entirety said paragraph (c) of
division I, article II, chapter 2, section 2-322 of the charter of
the City of Macon and substituting a new paragraph (c) in lieu
5102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof so as to provide that all actions of the council of the City
of Macon shall require the affirmative vote of a majority of all
council members; and to require the council of the City of Ma-
con by ordinance to prescribe procedures to govern the manner
of introduction and passage of ordinances and resolutions; and
for other purposes.
Be it ordained by the City of Macon, and it is hereby ordained
by the authority of same pursuant to the authority granted the
City of Macon under the Municipal Home Rule Act of 1965
(1965 Ga. Laws, P. 298 et seq., as amended; Ga. Code Ann. sec-
tions 69-1017 et seq.) as follows:
Paragraph (c) of Division I, Article II, Chapter 2, Section 2-
322 of the charter of the City of Macon is hereby amended by
deleting in its entirety said Paragraph (c) and substituting in
lieu thereof the following Paragraph (c) which reads as follows:
(c) Except as otherwise provided in this charter, all actions
of the council shall require the affirmative vote of a ma-
jority of all council members. The council by ordinance
shall prescribe procedures to govern the manner of in-
troduction and passage of ordinances and resolution.
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So Ordained this 4th day of March, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 10th day of March, 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing resolution
was duly passed at the regular meeting of the Council of the
GEORGIA LAWS 1981 SESSION
5103
City of Macon.
Held March 4, 1980
Witness my hand and seal of the City of Macon
This 5th day of March, 1980
/s/ James E. Hunnicutt
Clerk of Council
So Ordained this 18th day of March, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 25th day of March, 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing ordinance was
duly passed at the regular meeting of the Council of the City of
Macon.
Held March 18, 1980
Witness my hand and seal of the City of Macon
This 19th day of March, 1980.
/s/ James E. Hunnicutt
Clerk of Council
March 27, 1980
I, James E. Hunnicutt, city clerk, do hereby certify that the
attached copy of ordinance amending the charter of the City of
Macon is a true and correct copy of ordinance on file in the city
5104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
clerks office.
/s/ James E. Hunnicutt,
City Clerk
State of Georgia
County of Bibb
Personally appeared before me, a notary public within and for
above state and county, James H. Griffin who deposes and says
she is checking clerk for the Macon News and is duly authorized
by the publisher thereof to make this affidavit: and that adver-
tisement as per attached clipping has been published in the Ma-
con News on the following dates:
2/8, 15, 22
Signed: James H. Griffin
Sworn to and subscribed before me this 22nd
day of February, 1980
/s/ Frances E. Coker
Notary Public, Bibb County Georgia
My Commission Expires May 4, 1982
Georgia, Bibb County Public Notice
This advertisement is to provide notice that the City of Ma-
con proposes to amend the Charter of the City of Macon, Divi-
sion I, Article II, Chapter II, Section 2-322(c) Code of Macon,
Georgia (1978), as amended in accordance with the procedure
listed in Ga. Code Ann. Section 69-1017(b) designated as the
Municipal Home Rule Act of 1965, as amended, so that all ac-
tions of the Council of the City of Macon shall rquire the affirm-
ative vote of a majority of all council members and so that the
council of the City of Macon shall by ordinance prescribe proce-
dures to govern the manner of introduction and passage of ordi-
nances and resolutions. A copy of the proposed amendment is on
file in the office of the clerk of the City of Macon and in the
office of the Bibb County Superior Court clerk.
2/8, 15, 22, 1980-100610
Filed in the Office of Secretary of State March 31, 1980.
GEORGIA LAWS 1981 SESSION
5105
CITY OF MACONRETIREMENT SYSTEM.
An Ordinance of the City of Macon amending paragraph (5),
article I, section 1 and paragraph (1), article V, section 1, of the
Macon Fire and Police Department Employees Retirement Act,
1969 Ga. Laws, p. 2801, sections 1 & 2, as amended, 1972 Ga.
Laws, p. 3821, incorporated by reference in the charter of the
City of Macon, division I, article V, chapter 5, section 5-502,
paragraph (a), code of Macon, Georgia (1978), as amended, pur-
suant to the authority granted the City of Macon under the Mu-
nicipal Home Rule Act of 1965, 1965 Ga. Laws, p. 298 et seq., as
amended; Ga. Code section 69-1017 et. seq.; by striking in its
entirety said paragraph (5) of article I and substituting a new
paragraph (5) in lieu thereof so that basic compensation shall
mean actual monthly compensation paid during any month to
an employee exclusive of reimbursed expenses, overtime and all
other unusual compensation except that workers compensation
benefits (not including medical reimbursement benefits or any
lump sum payments) paid in lieu of salary in accordance with
Ga. Code section 114-404 to an employee shall be basic compen-
sation up until the employees retirement date; and by striking
in its entirety said paragraph (1) of article VI and substituting
in lieu thereof a new paragraph (1) so that each employee shall
contribute seven (7%) percent of his basic compensation each
month after becoming a member of the system except that pay-
ment of such contributions shall be waived for any workers
compensation benefits paid in lieu of salary in accordance with
Ga. Code section 114-404 up until the employees retirement
date, and the city shall deduct such employee contributions
from the basic compensation of the employee but not from
workers compensation benefits paid in lieu of salary in accor-
dance with Ga. Code section 114-404 and shall credit such con-
tributions to the employees individual accounts; and the city
shall pay monthly the amount so deducted to the fund to be
held and administered as provided for herein; and for any em-
ployee who on the effective date of this system was a member of
the general employees retirement system of the City of Macon
and who made such contribution to that system, the board shall
have such contributions transferred to the fund created under
this system and such contributions will be credited to the indi-
vidual account of such employee; to make the aforementioned
amendments effective January 1, 1980, and to repeal conflicting
5106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provisions and for other purposes.
Be it ordained by the City of Macon and it is hereby ordained
by the authority of same pursuant to the authority granted the
City of Macon under the Municipal Home Rule Act of 1965
(1965 Ga. Laws, p. 298 et seq., as amended; GA. CODE SEC-
TION 69-1017 et seq.) as follows: Paragraph (5), Article I, Sec-
tion 1 of the Macon Fire and Police Department Employees Re-
tirement Act, Ga. L. 1969, p. 2801, Section 1 and 2, as amended,
1972 Ga. Laws, p. 3821, incorporated by reference in the charter
of the City of Macon, Division I, Article V, Chapter 5, Section 5-
502, Paragraph (a), Code of Macon, Georgia (1978), as amended,
is hereby amended by deleting in its entirety said Paragraph (5)
and substituting in lieu thereof the following Paragraph (5)
which reads as follows:
(5) Basic compensation shall mean actual monthly compen-
sation paid during any month to an employee exclusive of reim-
bursed expenses, overtime, and all other unusual compensation
except that Workers Compensation benefits (not including med-
ical expense reimbursement benefits or any lump sum pay-
ments) paid in lieu of salary in accordance with Ga. Code Sec-
tion 114-404 to an employee shall be basic compensation up
until the employees retirement date;
And be it further ordained by the City of Macon that Para-
graph (1) Article VI of Section 1, Macon Fire and Police Depart-
ment Employees Retirement Act, 1969 Ga. laws, p. 208, Sections
1 and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by
reference in the Charter of the City of Macon, Division 1, Article
V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon,
Georgia (1978), as amended, is hereby amended by deleting in
its entirety said Paragraph (1) of Article VI and substituting in
lieu thereof the following Paragraph (1) which reads as follows:
(1) Each employee shall contribute seven (7%) percent of his
basic compensation each month after becoming a member of the
system except that payment of such contribution shall be waived
on any Workers Compensation benefits paid in accordance with
Ga. Code Section 114-404 up until the employee retirement
date.
GEORGIA LAWS 1981 SESSION
5107
The city shall deduct such employee contributions from the
basic compensation of the employee but not from Workers
Compensation benefits paid in lieu of salary in accordance with
Ga. Code Section 114-404 and shall credit such contributions to
the employees individual account. The city shall pay monthly
the amounts so deducted to the Fund to be held and adminis-
tered as provided herein.
For any employee who on the effective date of this system was
a member of the General Employees Retirement System of the
City of Macon and who made contributions to that system, the
board shall have such contributions transferred to the fund and
created under this system and such contributions will be
credited to the individual account of each such employee.
This charter amendment to be effective on January 1, 1980.
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So ordained this 17th day of June, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 25th day of June, 1980.
/s/ George Israel
Mayor
So ordained this 1st day of July, 1980
/s/ Eugene Dunwody
President, City Council
Approved this 8th day of July, 1980.
/s/ George Israel
Mayor
5108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Macon, Ga.
I do hereby certify that the above and foregoing ordinance was
duly passed at the regular meeting of the Council of the City of
Macon
Held June 17th, 1980
Witness my hand and seal of the City of Macon this 18th day
of June, 1980
/s/ James E. Hunnicutt
Clerk of Council
City of Macon, Ga.
I do hereby certify that the above and foregoing ordinance was
duly passed at the regular meeting of the Council of the City of
Macon.
Held July 1, 1980
Witness my hand and seal of the City of Macon this 2nd day
of July, 1980
/s/ James E. Hunnicutt
Clerk of Council
July 9, 1980
I, James E. Hunnicutt, city clerk, do hereby certify that the
attached is a true and correct copy of ordinance amending the
Macon Fire and Police Department Employees Retirement Act
on file in the city clerks office.
/s/ James E. Hunnicutt
City Clerk
State of Georgia
County of Bibb
Personally appeared before me, a notary public within and for
GEORGIA LAWS 1981 SESSION
5109
above state and county, Shirley H. Perry who deposes and says
she is checking clerk for the Macon News and is duly authorized
by the publisher thereof to make this affidavit: and that adver-
tisement as per attached clipping has been published in the Ma-
con News on the following dates:
5/14, 21, 28
signed: Shirley H. Perry
Sworn to and subscribed before me this 4th day of June, 1980
/s/ James L. Griffin
Notary Public, Bibb County Georgia
My Commission Expires December 11, 1983
Georgia, Bibb County Public Notice
This advertisement is to provide notice that the City of Ma-
con proposes to amend the charter of the City of Macon, Divi-
sion I, Article V, Chapter 5, Section 5-502, Code of Macon,
Georgia (1978), as amended in accordance with the procedure
listed in Ga. Code Section 69-1017 (b) designated as the Munici-
pal Home Rule Act of 1965, as amended, so as to change certain
provisions relating to the Police and Firemans Retirement and
Disability Pensions. Copies of the proposed amendments are on
file in the office of the Clerk of the City of Macon and in the
office of the Bibb County Superior Court Clerk.
5/14, 21, 28, 1980-117926
Filed in the Office of Secretary of State July 21, 1980.
CITY OF MACONFIRE AND POLICE DEPARTMENT
EMPLOYEES RETIREMENT.
An Ordinance of the City of Macon amending paragraph (3),
article IX, section 1, of the Macon Fire and Police Department
Employees Retirement Act, 1969 Ga. Laws, p. 2801, sections 1
5110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by ref-
erence in the charter of the City of Macon, division I, article V,
chapter 5, section 5-502, paragraph (a), Code of Macon, Georgia,
(1978), as amended, pursuant to the authority granted the City
of Macon under the Municipal Home Rule Act of 1965, 1965 Ga.
Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et
seq.; by striking in its entirety said paragraph (3) of article IX
and substituting a new paragraph (3) in lieu thereof so that to
the extent permitted by law none of the benefits, payments, pro-
ceeds or distributions under this system shall be subject to the
claim of creditors of the employee or of the beneficiary or to le-
gal process except by the City of Macon or the Macon Police
Credit Union or the Macon Firemens Credit Union and then
only for money lawfully owing to said city or said credit unions
and only to the extent of the members benefit payments and
contributions to the system and so that no employee or benefi-
ciary shall have any right to alienate, commute or anticipate or
assign any of the benefits, payments or proceeds or distributions
under this system except to the City of Macon or the Macon
Police Credit Union or the Macon Firemens Credit Union and
so that if any employee attempts to dispose of the benefits to
any other than the City of Macon, Macon Police Credit Union or
Macon Firemens Credit Union, or in the event there is an effort
to seize such benefits or the right to receive such benefits by
attachment, execution or other legal or equitable process by any
except the City of Macon, Macon Police Credit Union, or Macon
Firemens Credit Union, then the right may pass and be trans-
ferred at the discretion of the Board, to one or more benefi-
ciaries as may be appointed by the board from among the bene-
ficiaries, if any, theretofore designated by the employee, or from
their spouse, children or other dependents of the employee, in
such shares as the board may appoint; and so that any appoint-
ment so made by the board may be revoked by it at any time
and further appointment made by it which may include the em-
ployee; and for other purposes.
Be it ordained by the City of Macon and it is hereby ordained
by the authority of same pursuant to the authority granted by
the City of Macon under the Municipal Home Rule Act of 1965
(1965 Ga. Laws, p. 298 et. seq., as amended; Ga. Code Section
69-1017 et seq.) as follows:
GEORGIA LAWS 1981 SESSION
5111
Paragraph (3), Article IX, Section 1, of the Macon Fire and
Police Department Employees Retirement Act, Ga. Laws 1969,
p. 2801, Sections 1 and 2, as amended, 1972, Ga. Laws, p. 3821,
incorporated by reference in the Charter of the City of Macon,
Division I, Article V, Chapter 5, Section 5-502, Paragraph (a),
Code of Macon, Georgia (1978), as amended, is hereby amended
by deleting in its entirety said Paragraph (3) and substituting in
lieu thereof the followng Paragraph (3) which reads as follows:
(3) Spendthrift Clause. To the extent permitted by law,
none of the benefits, payments, proceeds or distributions under
this System shall be subject to the claims of any creditor of the
employee or to the claim of any creditor of any beneficiary here-
under or to any legal process by any creditor of such employee
or any such beneficiary whomsoever, save by and at the instance
of the City of Macon or the Macon Police Credit Union or the
Macon Firemens Credit Union, corporations of Bibb County,
Georgia, and then only for money lawfully owing to said City or
said Credit Unions by any particular member, and then only to
the extent of such members benefit payments and contributions
to the System; and neither such employee or any such benefi-
ciary shall have any right to alienate, commute, anticipate or as-
sign any of the benefits, payments, proceeds or distributions
under this System, except to the City of Macon or the Macon
Police Credit Union or the Macon Firemens Credit Union and if
any employee shall attempt to dispose of the benefits provided
for him other than to the City of Macon, Macon Police Credit
Union or Macon Firemens Credit Union or to dispose of the
right to receive such benefits other than to the City of Macon,
Macon Police Credit Union, or Macon Firemans Credit Union
or in the event there should be an effort to seize such benefits, or
the right to receive such benefits by attachment, execution or
other legal or equitable process by any except the City of Ma-
con, Macon Police Credit Union, or Macon Firemens Credit
Union, such right may pass and be transferred at the discretion
of the Board, to such one or more as may be appointed by the
Board from among the beneficiaries, if any, theretofore desig-
nated by the employee, or from the spouse, children or other
dependents of the employee, in such shares as the Board may
appoint. Any appointment so made by the Board may be re-
voked by it at any time and further appointment made by it
which may include the employee.
5112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So ordained this 1st day of July, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 7th day of July, 1980.
/s/ George Israel
Mayor
So ordained this 15th day of July, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 16th day of July, 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing ordinance was
duly passed at the regular meeting of the Council of the City of
Macon.
Held July 1, 1980
Witness my hand and seal of the City of Macon this 2nd day
of July, 1980.
/s/ James E. Hunnicutt
Clerk of Council
City of Macon, Ga.
I do hereby certify that the above and foregoing ordinance was
duly passed at the regular meeting of the Council of the City of
GEORGIA LAWS 1981 SESSION
5113
Macon.
Held July 15, 1980
Witness my hand and seal of the City of Macon this 16th day
of July, 1980
/s/ Steven G. Durden
Asst. Clerk of Council
July 22, 1980
I, James E. Hunnicutt, city clerk, do hereby certify that the
attached copy of ordinance amending the charter of the City of
Macon as relates to the Macon fire and police department em-
ployees retirement act is a true and correct copy of ordinance
on file in the city clerks office.
/s/ James E. Hunnicutt
City Clerk
State of Georgia
County of Bibb
Personally appeared before me, a notary public within and for
above state and county, Shirley H. Perry who deposes and says
she is checking clerk for the Macon News and is duly authorized
by the publisher thereof to make this affidavit: and that adver-
tisement as per attached clipping has been published in the Ma-
con News on the following dates:
5/28, 6/4, 11
Signed: Shirley H. Perry
Sworn to and subscribed before me this 11th day of June, 1980
/s/ James L. Griffin
Notary Public, Bibb County Georgia
My Commission Expires December 11, 1983
5114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Bibb County Public Notice
This advertisement is to provide notice that the City of Ma-
con proposes to amend the charter of the City of Macon, divi-
sion I, article V, chapter 5, section 5-502, Code of Macon, Geor-
gia (1978), as amended, in accordance with the procedure listed
in Ga. Code section 69-1017 (b) designated as the Municipal
Home Rule Act of 1965, as amended, so as to change certain
provisions relating to the police and firemans retirement and
disability pensions. Copies of the proposed amendments are on
file in the office of the clerk of the City of Macon and in the
office of the Bibb County Superior Court Clerk.
5/28, 6/4, 11, 1980-121688
Filed in the Office of Secretary of State July 30, 1980.
CITY OF MACONFIRE AND POLICE DEPARTMENT
EMPLOYEES RETIREMENT.
An Ordinance of the City of Macon amending paragraph (1),
article III, section 1 of the Macon Fire and Police Department
Employees Retirement Act, 1969 Ga. Laws, p. 2801, sections 1
& 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by refer-
ence in the charter of the City of Macon, division I, article V.
Chapter 5, section 5-502, paragraph (a), code of Macon, Georgia
(1978), as amended, pursuant to the authority granted the City
of Macon under the Municipal Home Rule Act of 1965, Ga.
Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et
seq.; by striking in its entirety said paragraph (1) of article III
and substituting a new paragraph (1) in lieu thereof so that the
normal retirement date of an employee shall be the first day of
the month coinciding with or next following his completion of
twenty-five (25) years of service and the attainment of age fifty
(50), whichever is later; and to repeal conflicting provisions; and
for other purposes.
Be it ordained by the City of Macon and it is hereby ordained
GEORGIA LAWS 1981 SESSION
5115
by the authority of same pursuant to the authority granted the
City of Macon under the Municipal Home Rule Act of 1965
(1965 Ga. Laws, p. 298 et. seq., as amended; Ga. Code Section
69-1017 et seq.) as follows:
Paragraph (1), Article III, Section 1 of the Macon Fire and
Police Department Employees Retirement Act, Ga. L. 1969, p.
2801, Section 1 and 2, as amended, 1972 Ga. Laws, p. 3821, in-
corporated by reference in the Charter of the City of Macon,
Division I, Article V, Chapter 5, Section 5-502, Paragraph (a),
Code of Macon, Georgia (1978), as amended, is hereby amended
by deleting in its entirety said Paragraph (1) and substituting in
lieu thereof the following Paragraph (1) which reads as follows:
(1) Normal Retirement Date. The normal retirement date
of an employee shall be the first day of the month coinciding
with or next following his completion of twenty-five (25) years of
service and the attainment of age fifty (50), whichever is later.
This charter amendment to be effective upon adoption at two
(2) regular consecutive meetings of the governing authority of
the City of Macon and upon filing of the required documenta-
tion with the Secretary of State and the Office of the Clerk of
the Bibb Superior Court.
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So ordained this 4th day of November, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 10th day of November, 1980.
/s/ George Israel
Mayor
So ordained this 18th day of November, 1980.
/s/ Eugene Dunwody
President, City Council
5116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved this 24th day of November, 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
was duly passed at the Regular Meeting of the Council of the
City of Macon, held 11-4-80. Witness my hand and seal of the
City of Macon this 5th day of Nov., 1980.
/s/ James E. Hunnicutt
Clerk of Council
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
was duly passed at the Regular Meeting of the Council of the
City of Macon, held 11-18-80. Witness my hand and seal of the
City of Macon this 19th day of Nov., 1980.
/s/ James E. Hunnicutt
Clerk of Council
November 25, 1980
I, James E. Hunnicutt, city clerk, do hereby certify that the
attached copy of ordinance concerning the Macon Fire and Po-
lice Department Employees Retirement Act is a true and cor-
rect copy of ordinance on file in the city clerks office.
/s/ James E. Hunnicutt
City Clerk
State of Georgia
County of Bibb
Personally appeared before me, a notary public within and for
above state and county, James L. Griffin, who deposes and says
he is checking clerk for the Macon News and is duly authorized
by the publisher thereof to make this affidavit, and that adver-
GEORGIA LAWS 1981 SESSION
5117
tisement as per attached clipping has been published in the Ma-
con News on the following dates:
10/3, 10/10, 10/17
Signed James L. Griffin
Sworn to and subscribed before me this 17th day of October,
1980
/s/ Frances E. Coker
Notary Public, Bibb County, Georgia
Georgia, Bibb County Charter Amendment
This advertisement is to provide notice that the City of Ma-
con proposes to amend the charter of the City of Macon, Divi-
sion 1, Article V, Chapter 5, Section 5-502, Code of Macon,
Georgia (1978), as amended, in accordance with the procedure
listed in Georgia Section 69-1017 (b) designated as the Munici-
pal Home Rule Act of 1965, as amended, so as to change certain
provisions relating to the Police and Firemans Retirement and
Disability pensions. Copies of the proposed amendments are on
file in the office of the clerk of the City of Macon and in the
office of the Bibb County Superior Court Clerk.
10/3, 10, 17, 1980-146614.
Filed in the Office of Secretary of State December 3, 1980.
CITY OF MACONFIRE AND POLICE DEPARTMENT
EMPLOYEES RETIREMENT.
An Ordinance of the City of Macon amending paragraph (5),
article I, section 1 and paragraph (1), article V, section 1, of the
Macon Fire and Police Department Employees Retirement Act,
1969 Ga. Laws, p. 2801, sections 1 & 2, as amended 1972 Ga.
Laws, p. 3821, incorporated by reference in the charter of the
City of Macon, division I, article V, chapter 5, section 5-502,
5118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
paragraph (a), Code of Macon, Georgia (1978), as amended, pur-
suant to the authority granted the City of Macon under the Mu-
nicipal Home Rule Act of 1965, 1965 Ga. Laws, p. 298 et seq., as
amended; Ga. Code section 69-1017 et. seq. by changing the ef-
fective date of these paragraphs (5) and (1) to December 1, 1979
and to repeal conflicting provisions; and for other purposes.
Be it ordained by the City of Macon and it is hereby ordained
by the authority of same pursuant to the authority granted the
City of Macon under the Municipal Home Rule Act of 1965
(1965 Ga. Laws, p. 298 et seq., as amended; Ga. Code section 69-
1017 et seq.) as follows:
Paragraph (5), Article I, Section 1 and Paragraph (1), Article
V, Section 1, of the Macon Fire and Police Department Employ-
ees Retirement Act, Ga. L. 1969, P. 2801, Section 1 and 2, as
amended, 1972 Ga. Laws, p. 3821, incorporated by reference in
the charter of the City of Macon, Division I, Article V, Chapter
5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978),
as amended, is hereby amended by deleting in its entirety the
effective date of January 1, 1980 for Paragraphs (1) and (5) and
substituting in lieu thereof the following effective date which
reads as follows:
This charter amendment to be effective on December 1,1979.
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So ordained this 4th day of November, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 10th day of Nov., 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
GEORGIA LAWS 1981 SESSION
5119
was duly passed at the Regular Meeting of the Council of the
City of Macon, held 11-4-80. Witness my hand and seal of the
City of Macon this 5th day of Nov., 1980.
/s/ James E. Hunnicutt
Clerk of Council
Adopted this 18th day of November, 1980.
/s/ Eugene Dunwody
President of Council
Approved this 24th day of November, 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
was duly passed at the Regular Meeting of the Council of the
City of Macon held 11-18-80. Witness my hand and seal of the
City of Macon this 19th of Nov., 1980.
/s/ James E. Hunnicutt
Clerk of Council
This advertisement is to provide notice that the City of Ma-
con proposes to amend the Charter of the City of Macon, Divi-
sion I, Article V, Chapter 5, Section 5-502, (b) of the Code of
Macon, Georgia (1978), as amended in accordance with the pro-
cedure set forth in Georgia Code Section 69-1017 (b) designated
as the Municipal Home Rule Act of 1965, as amended, so as to
change certain provisions relating to the Macon Pensions and
Retirement System. Copies of the proposed amendments are on
file in the office of the Clerk of the City of Macon and in the
office of the Bibb County Superior Court Clerk.
November 25, 1980
I, James E. Hunnicutt, city clerk, do hereby certify that the
attached copy of ordinance concerning the Macon Fire and Po-
5120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lice Department Employees Retirement Act is a true and cor-
rect copy of ordinance on file in the city clerks office.
/s/ James E. Hunnicutt
City Clerk
Filed in the Office of Secretary of State December 3, 1980.
CITY OF MACONEMPLOYEES RETIREMENT
SYSTEM.
An Ordinance of the City of Macon amending section 3.1 of
article III; and section 7.1 of article VII; and section 9.3 of arti-
cle IX of the Macon Pensions and Retirement System, as set
forth in an Act of the General Assembly of Georgia, approved
August 3rd, 1927 (Georgia Laws 1927, page 1283 et. seq.), as
amended, particularly by an Act approved March 27, 1972
(Georgia Laws 1972, page 3152 et. seq.) as amended, incorpo-
rated by reference in the charter of the City of Macon, division
I, article VI, chapter 5, section 5-502, paragraph (b), Code of
Macon, Georgia (1978), as amended, pursuant to the authority
granted the City of Macon under the Municipal Home Rule Act
of 1965, 1965 Georgia Laws, page 298 et. seq., by raising em-
ployee contributions; by changing the vesting schedule; and by
allowing the alienation of benefit payments, proceeds or distri-
bution under this retirement system at the instance of the City
of Macon, Macon Police Credit Union, Macon Firemens Credit
Union, or City Employees Credit; and for other purposes.
Be it ordained by the City of Macon and it is hereby ordained
by the authority of same as follows:
Pursuant to the authority granted the City of Macon under
the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page
298 et. seq., as amended; Georgia Code Annotated Section 69-
1017 et. seq.) as follows:
GEORGIA LAWS 1981 SESSION
5121
Section 3.1 of Article III, of the Macon Pensions and Retire-
ment System is hereby amended by deleting in its entirety said
Section 3.1 and substituting in lieu thereof a new Section 3.1
which reads as follows:
3.1 Employee Contributions. An employee shall contrib-
ute two (2 %) percent of his compensation up to $12,000.00, plus
two and one-half (2Vi%) percent of his compensation in excess
of $12,000.00 in each year.
Be it further ordained that Section 7.1 of Article VII is hereby
amended by deleting in its entirety said Section 7.1 and substi-
tuting in lieu thereof a new Section 7.1 which reads as follows:
7.1 Deferred Termination Benefit. Upon an employees
termination of employment for any reason other than death or
retirement, he shall be entitled to a deferred monthly benefit
commencing as of his early or normal retirement date, as defined
in Article IV.
The benefit shall be computed in the same manner as an early
pension, as defined in Article V, Section 5.2, Paragraph (a), con-
sidering compensation and service up to the date of termination,
and in accordance with the following vesting percentages:
Years of Service at
Date of Separation
Less than 10 years
10 years but less than 11 years
11 years but less than 12 years
12 years but less than 13 years
13 years but less than 14 years
14 years but less than 15 years
15 years and over
Percentage of City
Paid Portion of Benefit
0%
50%
60%
70%
80%
90%
100%
If the payment of an Employees deferred termination benefit
commences as of his Early Retirement Date, the benefit as de-
scribed in this Section shall be reduced as defined in Article V,
Section 5.2, Paragraph (b).
Be it further ordained that Section 9.3 of Article IX of the
Macon Pensions and Retirement System be amended by delet-
ing in its entirety said Section 9.3 and substituting in lieu
thereof a new Section 9.3 which reads as follows:
5122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
9.3 Nonalienation of Benefits. Except with respect to any
indebtedness owing to the employer, the Macon Firemens
Credit Union, the Macon Police Credit Union, Macon Transit
Employees Federal Credit Union, or the City Employees Credit
Union, benefits payable under this Plan shall not be subject in
any manner to anticipation, alienation, sale, transfer, assign-
ment, pledge, encumbrance, charge, garnishment, execution, or
levy of any kind, either voluntary or involuntary, including any
such liability which is for alimony or other payments for the
support of a spouse or former spouse, or for any other relative of
the employee, prior to actually being received by the person en-
titled to the benefit under the terms of the plan, and any at-
tempt to anticipate, alienate, sell, transfer, assign, pledge, en-
cumber, charge or otherwise dispose of any right to benefits
payable hereunder, shall be void. The Pension Fund shall not in
any manner be liable for, or subject to, the debts, contracts, lia-
bilities, engagements of torts of any person entitled to benefits
hereunder.
This amendment to be effective January 1, 1981.
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So ordained this 9th day of December, 1980.
/s/ Eugene Dunwody
President, City Council
Approved this 16th day of December, 1980.
/s/ George Israel
Mayor
So ordained this 16th day of December, 1980.
/s/ Eugene Dunwody
President, City Council
GEORGIA LAWS 1981 SESSION
5123
Approved this 18th day of December, 1980.
/s/ George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
was duly passed at the Regular Meeting of the Council of the
City of Macon, held 12-9-80. Witness my hand and seal of the
City of Macon this 10th of Dec., 1980.
/s/ James E. Hunnicutt
Clerk of Council
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
was duly passed at the Regular Meeting of the Council of the
City of Macon, held 12-16-80. Witness my hand and seal of the
City of Macon this 17th of December, 1980.
/s/ James E. Hunnicutt
Clerk of Council
December 24, 1980
I, James E. Hunnicutt, city clerk, do hereby certify that the
attached copy of ordinance #0-80-152 concerning employee con-
tributions; vesting schedule; and benefit payments is a true and
correct copy of said ordinance on file in the city clerks office.
/s/ James E. Hunnicutt
City Clerk
City of Macon, Georgia
State of Georgia
County of Bibb
Personally appeared before me, a notary public within and for
above state and county, James L. Griffin, who deposes and says
he is checking clerk for the Macon News and is duly authorized
5124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the publisher thereof to make this affidavit, and that adver-
tisement as per attached clipping has been published in the Ma-
con News on the following dates:
11/24, 12/1, 12/8
signed James L. Griffin
Sworn to and subscribed before me this 10th day of December,
1980
/s/ Frances E. Coker
Notary Public, Bibb County, Georgia
My commission expires May 4, 1982.
Georgia, Bibb County Public Notice
This advertisement is to provide notice that the City of Ma-
con proposes to amend the charter of the City of Macon, Divi-
sion I, Article V, Chapter 5, Section 5-502 (b) of the Code of
Macon, Georgia (1978), as amended in accordance with the pro-
cedure set forth in Georgia Code Section 69-1017 (b) designated
as the Municipal Home Rule Act of 1965, as amended so as to
change certain provisions relating to the Macon Pensions and
Retirement System. Copies of the proposed amendments are on
file in the office of the clerk of the City of Macon and in the
office of the Bibb County Superior Court.
11/24, 12/1, 8, 1980-156772
Filed in the Office of Secretary of State December 29, 1980.
CITY OF MARIETTABOARD OF LIGHTS AND WATER.
An Ordinance to amend the charter of the City of Marietta
(1977 Georgia Laws, page 3541, et seq.) so as to provide two ad-
ditional members to the Board of Lights and Water Works; to
provide the appointment of the said additional members by the
GEORGIA LAWS 1981 SESSION
5125
council of the City of Marietta; to provide that the two addi-
tional members shall be non-residents of the City of Marietta,
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:
1.
Section 5.1 of the charter of the City of Marietta (1977 Geor-
gia Laws, 3541, 3580, as amended by a charter amendment
passed May 9, 1979, and June 13, 1979) 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, the
chairman of the committee of water and lights from the
council of the City of Marietta, three residents of Marietta,
and two nonresidents of the City of Marietta who have been
recipients of services from the board of lights and water for
at least two and one-half years. 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 water-
works may fix previous to entering upon his duties. The resi-
dent and nonresident 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 succes-
sors shall be elected by the council for the term of four years
from the time of said election. The chairman of the commit-
tee of water and lights shall be appointed by the Mayor with
the consent of the council each December for a term to begin
January 1 and to continue for one (1) year. If a nomination is
not made by the Mayor of the chairman of the committee of
water and lights by December 31 of each year, the Council
5126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may select the chairman of the committee of water and lights
by majority vote of council. The members of the board shall
be paid such compensation as is set by the council.
2.
This ordinance shall be considered by the council of the City
of Marietta on January 9, 1980, at 7:00 p.m. and on February 13,
1980, beginning at 7:00 p.m. in the City Council Chambers, 205
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 December 21, 1979, and continu-
ing each Friday through February 8, 1980, being a total of eight
times.
4.
Be it further ordained that copies of this proposed amend-
ment shall be on file in the office of the Clerk of the City of
Marietta, 205 Lawrence Street, Marietta, Georgia, and 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 de-
scribed offices.
5.
Be it further ordained that all acts and parts of acts or ordi-
nances which are in conflict with this ordinance are hereby
repealed.
6.
Be it further ordained that should this amendment be ap-
proved 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
GEORGIA LAWS 1981 SESSION
5127
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 12th day of December, 1979.
/s/ J. Dana Eastham,
Mayor
Attest:
/s/ Barbara M. Goscha
City Clerk
Ordinance voted on for first reading January 9, 1980 by a vote
of 6 Ayes, 0 Nayes (one member absent from vote).
Ordinance vote on for second reading February 13, 1980 by a
vote of 6 Ayes, 0 Nayes (one member absent from vote).
Date: February 13, 1980
Approved:
/s/ J. Dana Eastham
Mayor and Council
Attest:
/s/ Barbara M. Goscha
City Clerk
Approved as to form:
/s/ Roy E. Barner
City Attorney
Clerks Certification
City of Marietta
Cobb County, Georgia
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 No. 3657 is a true and cor-
rect copy as same appears of record as approved by the Gov-
5128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
erning Body on a first reading January 9, 1980, and final reading
on February 13, 1980.
Witness my hand and seal of this office this 21st day of Febru-
ary, 1980.
/s/ Barbara M. Goscha
City Clerk
City of Marietta
Cobb County, Georgia
I, Carl McNeil holding the position of Asst. Secretary, the of-
ficial gazette for the legal advertisements in Cobb County, Geor-
gia, do hereby certify that the foregoing citation was duly pub-
lished in the Marietta Daily Journal once on the following dates:
Friday, December 21, 1979
Friday, December 28, 1979
Friday, January 4, 1980
Friday, January 11, 1980
Friday, January 18, 1980
Friday, January 25, 1980
Friday, February 1, 1980
Friday, February 8, 1980
This the 19th day of Feb., 1980.
/s/ Carl McNeil
Sworn to and subscribed before me this 19th day of Feb.,
1980.
/s/ Thelma Kemp Richards
Notary Public
My Commisson Expires Oct. 17, 1983
Notice
Notice is hereby given that the Council of the City of Mari-
etta, Georgia, shall consider on January 9, 1980, and February
13, 1980, beginning at 7:P.M. in the Council Room of the City
GEORGIA LAWS 1981 SESSION
5129
Hall, 205 Lawrence Street, Marietta, Georgia, a change to the
Charter of the City of Marietta (1977 Georgia Laws, 3541, et
seq.) to allow the appointment of two additional members to the
Board of Lights and Water, and to require that the additional
members shall be appointed by the Council of the City of Mari-
etta, and shall be non-residents of the City of Marietta. Copies
of the proposed Amendments are on file in the Office of the
Clerk of the City of Marietta, 205 Lawrence Street, Marietta,
Georgia, and also on file in the Office of the Clerk of Superior
Court of Cobb County, Cobb County Courthouse, 177 Washing-
ton Avenue, Marietta, Georgia. Any person wishing to receive a
copy of said Amendments should apply in writing to the above
described offices. All interested parties are invited to attend.
/s/John M. Crane
City Manager
City of Marietta, Georgia
12:21, 28; 1:4, 11, 18, 25; 2:1, 8
Filed in the Office of Secretary of State April 7, 1980.
CITY OF MARIETTACOUNCILMEN.
An Ordinance to amend the charter of the City of Marietta
(1977 Georgia Laws, 3541, 3550) to provide that a candidate for
councilman shall be a resident of the ward from which he seeks
election for one year immediately preceding his election, and for
other purposes.
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 2.3 of the charter of the City of Marietta, Geor-
gia (1977 Georgia Laws, 3541, 3550) is hereby stricken in its en-
5130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tirety and inserted therein the following:
Section 2.3 Qualifications of mayor and council-
men. To be eligible for the office of mayor or councilman,
elected or appointed, a person shall be at least 21 years of
age and shall meet the requirements of a qualified voter of
the city, as prescribed by state law, shall have been a bona
fide resident of the city, if a candidate for mayor, and the
ward from which he seeks election, if a councilman, for at
least one (1) year next preceding the election, and shall con-
tinue to reside therein during his term of office. No person
shall be eligible to be mayor or councilman who shall have
been convicted of a crime involving moral turpitude, unless
he has received a full pardon and has all rights of citizenship
restored.
2.
This ordinance shall be considered by the council of the City
of Marietta on July 9, 1980, at 7:00 p.m. and on August 18, 1980,
beginning at 7:00 p.m. in the Council Chamber, City Hall, 205
Lawrence Street, Marietta, Georgia.
3.
Be it further ordained that all acts and parts of acts or ordi-
nances which are in conflict with this ordinance are hereby
repealed.
Resolved this 11th day of June, 1980.
/s/ J. Dana Eastham
Mayor
Attest:
Barbara M. Goscha
City Clerk
Approved as to form:
Roy E. Barnes
City Attorney
GEORGIA LAWS 1981 SESSION
5131
Ordinance voted on for the first reading July 9, 1980, by a vote
of 4 Yeas, 3 Nays.
Ordinance voted on for the second reading August 13, 1980, by
a vote of 4 Yeas, 2 Nays, 1 Abstaining.
/s/ J. Dana Eastham
Mayor
Attest:
/s/ Barbara M. Goscha
City Clerk
Approved as to form
/s/ Roy E. Barnes
City Attorney
Clerks Certification.
City of Marietta
Cobb County, Georgia
I, Barbara M. Goscha, do hereby certify that I am clerk of the
City of Marietta and keeper of the records of said municipality
and, as such, do certify that the attached Ordinance No. 3700 is
a true and correct copy as same appears of record as approved
by the Governing Body in regular meetings held on July 9, 1980
and August 13, 1980.
Witness my hand and seal of this office this 14th day of Au-
gust, 1980.
/s/ Barbara M. Goscha
City Clerk
City of Marietta
Cobb County, Georgia
I, Carl McNeil, holding the position of Asst. Secretary, the
official gazette for the legal advertisements in Cobb County,
Georgia, do hereby certify that the foregoing citation was duly
published in the Marietta Daily Journal on the following dates:
5132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Friday, June 13, 1980
Friday, June 20, 1980
Friday, June 27, 1980
Friday, July 11, 1980
Friday, July 18, 1980
Friday, July 25, 1980
Friday, August 1, 1980
Friday, August 8, 1980
This 18th day of Aug., 1980.
/s/ Carl McNeil
Sworn to and subscribed
before me this 18th day of Aug., 1980.
/s/ Thelma Kemp Richards
Notary Public, Georgia State at Large
My Commission Expires Oct. 17, 1983.
Legal Notice City of Marietta
Notice is hereby given that the Council of the City of Mari-
etta, Georgia, shall consider on July 9, 1980, beginning at 7:00
p.m. in the Council Chamber, City Hall, 205 Lawrence Street,
Marietta, Georgia, a change to the charter of the City of Mari-
etta (1977 Georgia Laws, 3541, et seq.) to require that a candi-
date for councilman shall be a resident of the ward from which
he seeks election for one year immediately preceding his elec-
tion. Copies of the proposed amendment are on file in the office
of the clerk of the City of Marietta, 205 Lawrence Street, Mari-
etta, 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 amendment should apply in writing to the
above described offices. All interested parties are invited to
attend.
/s/ Barbara M. Goscha
City Clerk
Marietta, Georgia
6:13,20,27;7:11,18,25;8:1,8
GEORGIA LAWS 1981 SESSION
5133
Filed in the Office of Secretary of State August 27, 1980.
CITY OF MARIETTAMAYOR AND COUNCIL.
An Ordinance to amend the charter of the City of Marietta
(1977 Ga. Laws pp. 3541 et seq.) to provide that candidates for
the office of mayor and members of the council shall have at-
tained the age of eighteen (18) years; to repeal conflicting ordi-
nances; 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:
1.
Section 2.3 of the charter of the City of Marietta (1977 Ga.
Laws 3541 et. seq.) is hereby stricken in its entirety, and there is
inserted therein the following,
Section 2.3. Qualifications of mayor and council-
men. To be eligible for the office of mayor or councilman,
elected or appointed, a person shall be at least 18 years of
age and shall meet the requirements of a qualified voter of
the city, as prescribed by state law, shall have been a bona
fide resident of the city for at least one (1) year next preced-
ing the election, if a candidate for mayor, and the ward from
which he seeks election, if a councilman, for at least one (1)
year next preceding the election, and shall continue to reside
therein during his term of office. No person shall be eligible
to be mayor or councilman who shall have been convicted of
a crime involving moral turpitude, unless he has received a
full pardon and has all rights of citizenship restored.
2.
This ordinance shall be considered by the council of the City
of Marietta on October 8, 1980, at 7:00 p.m. and on November
5134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
12, 1980, at 7:00 p.m. in the Council Chambers, 205 Lawrence
Street, Marietta, Georgia.
3.
Be it further ordained that all acts or parts of acts or ordi-
nances which are in conflict with this ordinance are hereby
repealed.
Passed first time, October 8, 1980. 6 Yes, 1 No.
Passed second time, November 12, 1980. 5 Yes, 0 No.
/s/ J. Dana Eastham
Mayor
Attest:
/s/ Barbara M. Goscha
City Clerk
Approved as to Form
/s/ Roy E. Barnes
City Attorney
Clerks Certification
City of Marietta
Cobb County, Georgia
I, Barbara M. Goscha, do hereby certify that I am clerk for
the City of Marietta and keeper of the records of said municipal-
ity, and as such do certify that the attached ordinance No 3724
is a true and correct copy as same appears of record as approved
by the Governing Body in regular meeting held on October 8,
1980, and November 12, 1980.
Witness my hand and seal of the City of Marietta this 13th
day of November 1980.
/s/ Barbara M. Goscha
City Clerk
GEORGIA LAWS 1981 SESSION
5135
City of Marietta
Cobb County, Georgia
I, Harris S. Kettles holding the position of general manager,
the official gazette for the legal advertisements in Cobb County,
Georgia, do hereby certify that the foregoing citation was duly
published in the Marietta Daily Journal on the following dates:
Friday, September 19, 1980
Friday, September 26, 1980
Friday, October 3, 1980
Friday, October 10, 1980
Friday, October 17, 1980
Friday, October 24, 1980
Friday, October 31, 1980
Friday, November 7, 1980
This 12th day of Nov., 1980.
/s/ Harris S. Kettles
Sworn to and subscribed
before me this 12th day of Nov., 1980.
/s/ Thelma Kemp Richards
Notary Public, Georgia State at Large
My Commission Expires Oct. 17, 1983
Public Notice
Notice is hereby given that the Council of the City of Marietta
shall consider on October 8, 1980, and November 12, 1980, be-
ginning at 7:00 P.M., in the Council Chambers of the City of
Marietta, 205 Lawrence Street, Marietta, Georgia, a change to
the charter of the City of Marietta (1977 Ga. Laws pp. 3541 et
seq.) to require that a candidate for the office of mayor or mem-
ber of the council shall have attained the age of 18 years. Copies
of the proposed amendment are on file in the Office of the Clerk
of the City of Marietta, 205 Lawrence Street, Marietta, Georgia,
and also in the Office of the Clerk of Superior Court of Cobb
County, Cobb County Courthouse, 177 Washington Avenue,
Marietta, Georgia. Any person wishing to receive a copy of said
5136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amendment should apply in writing to the above described of-
fices. All interested parties are invited to attend.
/s/ Barbara M. Goscha
City Clerk
9:19, 26; 10:3, 10, 17, 24, 31;
11:7
Filed in the Office of Secretary of State November 13, 1980
CITY OF NEWNANRETIREMENT SYSTEM.
An Ordinance to amend the charter of the City of Newnan by
amending the City of Newnan Retirement Plan, section 12-2(12)
and section 12-4 so as to include the members of the City gov-
erning authority (Mayor and Board of Aldermen) in said retire-
ment plan and to provide for a formula for retirement benefits
for the members of the city governing authority of the City of
Newnan, and for other purposes.
Be it ordained and it is hereby ordained by the mayor and
board of aldermen of the City of Newnan and Georgia Code sec-
tion 69-310(b) (Georgia Laws 1962, pages 140-142, 1973, pages
778-779, 1976 pages 188-189, 1979 pages 645-646), and Georgia
Code section 69-1017 (Ga. Laws 1965, pages 298-299; 1966, page
296; 1976, page 1429) that section 12-2(12) of the charter of the
City of Newnan be and is hereby repealed in its entirety and a
new section 12-2(12) is hereby added to the charter of the City
of Newnan to read as follows:
12-2(12) Employee shall mean any person who is an
elected member of the city governing authority (Mayor and
Board of Aldermen), and any person regularly employed by
the city on a full time basis.
Be it further ordained that section 12-4 of the charter of the
City of Newnan is hereby repealed in its entirety and a new sec-
GEORGIA LAWS 1981 SESSION
5137
tion 12-4 is hereby added to the charter of the City of Newnan
to read as follows:
Sec. 12-4 Normal Retirement. (1) Each participant, ex-
cept members of the city governing authority (Mayor and
Board of Aldermen) upon retirement on his or her normal
retirement date is entitled to begin receiving an annual re-
tirement income payable in monthly installments. The
amount of each monthly retirement income payment to a
participant shall equal one-twelfth (l/12th) of the amount
produced by applying the appropriate percentage as set forth
in paragraph (2) below:
5138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2)
Column I
Completed
Years
of continuous
Service
Less than 10
10 but less than
11
11 but less than
12
12 but less than
13
13 but less than
14
14 but less than
15
15 but less than
16
16 but less than
17
17 but less than
18
18 but less than
19
19 but less than
20
20 but less than
21
21 but less than
22
22 but less than
23
23 but less than
24
24 but less than
25
25 but less than
26
26 but less than
27
27 but less than
28
28 but less than
29
29 but less than
30
30 or more
Column II
Percentage to be
Applied to first
$6,000 of Partici-
pants Career
Average Earnings
.00%
10.00%
11.00%
12.00%
13.00%
14.00%
15.00%
16.00%
17.00%
18.00%
19.00%
20.00%
21.00%
22.00%
23.00%
24.00%
25.00%
26.00%
27.00%
28.00%
29.00%
30.00%
Column II
Percentage to be
Applied to Partici-
pants Career
Average Earnings in
Excess of $6,000
.00%
15.00%
16.50%
18.00%
19.50%
21.00%
22.50%
24.00%
25.50%
27.00%
28.50%
30.00%
31.50%
33.00%
34.50%
36.00%
37.50%
39.00%
40.50%
42.00%
43.50%
45.00%
GEORGIA LAWS 1981 SESSION
5139
(Ord of 6-12-71, IV)
(3) Members of the City Governing Authority (Mayor and
Board of Aldermen) with two years or more continuous ser-
vice shall become a participant in this plan and after 15
years continuous service and on the first day of the month
coincident with or next following the day on which the par-
ticipant attains his or her 65th birthday shall be entitled to a
benefit of $16.00 per month for each year of service on the
City Governing Authority (Mayor and Board of Aldermen).
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 21st day
of January, 1980.
/s/ Joe P. Norman
Mayor
/s/ Alvin E. Johnston
/s/ Sidney Pope Jones, Jr.
Board of Aldermen
Attest:
/s/ Martha C. Ball
City Clerk
Reviewed:
/s/ Richard A. Bolin
City Manager
/s/ Charles L. Goodson
City Attorney
Adopted in open session for the second time by the Mayor
and Board of Aldermen of the City of Newnan, this 11th day of
5140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
February, 1980.
/s/ Joe P. Norman
Mayor
/s/ Alvin E. Johnston
/s/ Billy A. Abraham
/s/ Sidney Pope Jones, Jr.
Board of Aldermen
Reviewed:
/s/ Charles L. Goodson
City Attorney
Georgia,
Coweta County
Personally appeared before the undersigned officer authorized
to administer oaths, W. W. Thomasson, who, after being duly
sworn on oath, deposes and states that he is the publisher of the
Newnan Times-Herald, which is the official organ of Coweta
County, and that the following notice to amend the charter of
the City of Newnan was published in the Newnan Times-Herald
on the following dates:
January 24th, January 31st and February 7th, 1980.
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 the participation of
the members of the city governing authority (Mayor and Board
of Aldermen) in the City of Newnan Retirement Plan. 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 purposes of examination and
inspection by the public. The Clerk of the City of Newnan will
furnish to anyone, upon written request, a copy of the proposed
amendment.
GEORGIA LAWS 1981 SESSION
5141
This 21st day of January, 1980.
/s/ William W. Thomasson
Sworn to and subscribed before me
this the 13th day of February, 1980.
/s/ Nancy D. Lamb
Notary Public
Certificate of City Clerk
I hereby certify that the attached ordinance is a true and cor-
rect copy of the original ordinance adopted by the mayor and
board of aldermen and filed in the office of the city clerk on the
11th day of February, 1980.
Witness my hand the official seal of the City of Newnan,
Georgia, this 12th day of February, 1980.
/s/ Martha C. Ball
City Clerk
(Seal)
Notice
Notice is hereby given that a proposed amendment to the City
Charter of Newnan will be considered by the Mayor and Board
of Aldermen of the City of Newnan, which will amend the char-
ter of the City of Newnan and amend the retirement plan of the
City of Newnan so as to provide for the participation of the
members of the city governing authority (Mayor and Board of
Aldermen) in the City of Newnan Retirement Plan. 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 purposes of examinaton and in-
spection by the public. The Clerk of the City of Newnan will
furnish to anyone, upon written request, a copy of the proposed
amendment.
This the 21st day of January, 1980.
5142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Charles L. Goodson,
City Attorney
Richard A. Bolin,
City Manager
No.41-1-24-31/2-7
Filed in the Office of Secretary of State February 15, 1980.
CITY OF RIVERDALERECORDERS COURT.
An Ordinance to amend the charter of the City of Riverdale,
(Ga. Laws 1957, p. 2791, Act No. 284, 8 section 31 of the code
of ordinances of the City of Riverdale), relating to appeals from
the recorders court of the City of Riverdale to the mayor and
council of the City of Riverdale, to repeal conflicting ordinances,
and for other purposes.
Be it ordained by the mayor and council of the City of
Riverdale, and it is hereby enacted pursuant to the authority of
the same, that the charter of the City of Riverdale is hereby
amended as follows:
1. By striking (Ga. Laws 1957, p. 2791, Act No. 284, 8; section
31 of the Code of Ordinances of the City of Riverdale, in its en-
tirety and in lieu thereof substituting the following:
Section 31. Certiorari.
Any person convicted of a violation of any ordinance of
said city in the recorders court may apply for certiorari pur-
suant to the laws of the State of Georgia, to the Superior
Court of Clayton County, provided all costs are first paid and
bond and security given in double the amount of the fine
imposed.
2. A copy of this proposed amendment to the charter of the
City of Riverdale (Ga. Laws 1956, p. 2205, Act No. 53 approved
GEORGIA LAWS 1981 SESSION
5143
February 13, 1956) shall be filed in the office of the clerk of the
council of the City of Riverdale and in the office of the clerk of
the superior court of Clayton County, Georgia, and a notice of
this proposed amendment to the charter of the City of
Riverdale, in the form attached hereto as Exhibit A and by
reference made a part therof, shall be published once a week for
three weeks in a newspaper of general circulation in the City of
Riverdale and a copy of said advertisement shall be attached to
this ordinance prior to its final adoption by the mayor and coun-
cil of the City of Riverdale. 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 Riverdale and the office of the clerk
of the superior court court (sic) of Clayton County.
All laws and parts of law in conflict herewith are hereby
repealed.
Enacted this 7th day of January, 1980.
Mayor and Council
for the
City of Riverdale
By: Lamar Hutcheson
Mayor
Attest:
/s/ Elizabeth, Her,
City Clerk
Notice of Proposed Amendment to the Charter of the City of
Riverdale.
(Ga. Laws 1956, p. 2205, Act No. 53, approved February 13,
1956 as amended by Ga. Laws 1957, p. 2791, Act No. 284, 8)
Notice is hereby given that an ordinance has been introduced
to amend the charter of the City of Riverdale (Ga. Laws, 1956,
p. 2205, Act No. 53 approved February 13, 1956 as amended by
Ga. Laws 1957, p. 2791, Act No. 284, 8) so as to provide for
certiorari to the superior court of Clayton County from the re-
corders court of the City of Riverdale; to repeal conflicting laws;
and for other purposes.
5144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A copy of the proposed amendment is on file in the office of
the city clerk of the City of Riverdale and in the office of the
clerk of the superior court of Clayton County, Georgia, for pur-
poses of examination and inspection by the public.
This the 3rd day of December, 1979.
/s/ Elizabeth Iler
City Clerk
City of Riverdale
Affidavit of Publication
State of Georgia
County of Clayton
Personally appeared before the undersigned Mrs. Sara Allen
who on oath says that she is assistant legal manager of News
Daily, and that the legal advertisement which appears below was
published in said newspaper on the following dates: December
11,18,25, 1979.
/s/ Mrs. Sara Allen
(Seal)
Notice of Proposed Amendment to the Charter of the City of
Riverdale
(Ga. Laws 1956, p. 2205, Act No. 53, approved February 13,
1956 as amended by Ga. Laws 1957, p. 2791, Act No. 284, S8)
Notice is hereby given that an ordinance has been introduced
to amend the charter of the City of Riverdale (Ga. Laws, 1956,
p. 2205, as amended by Ga. Laws 1957, p. 2791, Act No. 284, S8)
so as to provide for certiorari to the superior court of Clayton
County from the recorders court of the City of Riverdale; to re-
peal 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 Riverdale and in the office of the
clerk of the superior court of Clayton County, Georgia, for pur-
poses of examination and inspection by the public.
GEORGIA LAWS 1981 SESSION
5145
This the 3rd day of December, 1979.
/s/ Elizabeth Her
City Clerk
City of Riverdale
Sworn to and subscribed before me this
7th day of Jan., 1980.
/s/ Pat Des Rochers
Notary Public
Filed in the Office of Secretary of State January 21, 1980.
CITY OF ST. MARYSCITY MANAGER.
An Act
To amend an Act creating a new charter and municipal gov-
ernment for the City of St. Marys (Ga. Laws 1910, p. 1086), as
amended, so as to change the residence requirements for 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 a new charter and municipal gov-
ernment for the City of St. Marys (Ga. Laws 1910, p. 1086), as
amended, is hereby amended by striking the last sentence from
section 3A, paragraph (b) and inserting in lieu thereof the fol-
lowing: 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 geographical limits of the 29th
District, G.M., Camden County, Georgia. so that as amended,
Section 3A(b) of the charter of the City of St. Marys shall read
as follows:
5146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city manager shall be chosen solely on the basis of
executive, administrative, and managerial qualifications with
special reference to actual experience in or knowledge of ac-
cepted 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 geographical limits of the 29th
District, G.M., Camden County, Georgia.
Section 2. This amendment shall become effective on Febru-
ary 15, 1980.
Section 3. All ordinances or resolutions in conflict herewith
are hereby repealed.
Georgia, Camden County
Affidavit of Publisher
Personally appeared before the undersigned officer duly au-
thorized by Georgia Law to administer oaths and take acknowl-
edgements, Carlton Roberts, who says on oath that he is the
publisher of The Camden County Tribune, a newspaper having
a general circulation in Camden County, Georgia; that said
newspaper is the official organ of said county in which the sher-
iffs advertisements are published; and that the attached notice
was printed and published in said newspaper in the following
issues, to-wit:
January 10, 17 and 24, 1980
Said notice being a legal notice in regard to an amendment to
the city charter of the City of St. Marys.
/s/ Carlton Roberts, Publisher
Camden County Tribune
Sworn to and subscribed before
me this 21st day of February, 1980.
GEORGIA LAWS 1981 SESSION
5147
/s/ Jane C. Howard
Notary Public
My commission expires Oct. 13, 1980
Notice of Proposed Amendment to the 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 January
3, 1980 and February 7, 1980, act to amend the city charter of
the City of St. Marys. The proposed amendment will change sec-
tion 3A of the city charter to provide that the city manager shall
live within the geographical boundaries of the 29th District,
G.M., of Camden County, Georgia. A copy of the proposed
amendment is on file in the office of the clerk of the superior
court of Camden County, Georgia, for the purpose of examina-
tion 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.
Alvin J. Dickey, Mayor of the City of St. Marys
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 notice of proposed amendment to the city charter
of the City of St. Marys and an Act 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 change the
residence requirements for the city manager, and for other pur-
poses, is a true and correct copy of same as adopted at the regu-
lar meetings of the mayor and council of the City of St. Marys
held on January 3, 1980 and February 7, 1980, as it appears on
record and file at city hall.
In testimony whereof, I have hereunto set my hand and af-
fixed the seal of the city this 21st day of February, 1980.
/s/ Jane C. Howard
City Clerk
Filed in the Office of Secretary of State February 25, 1980.
5148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SAVANNAHPENSION PLAN.
An Ordinance to amend the charter of the City of Savannah
by amending the pension plan adopted June 8, 1972, as
amended; to provide for delayed retirement; to provide for past
service credits for service with Chatham County or any joint
agency thereof; to provide for transfer of credited service under
certain conditions; to repeal all ordinances in conflict herewith;
and for other purposes.
Be it ordained by the mayor and aldermen of the City of Sa-
vannah, Georgia, in regular meeting of council assembled and
pursuant to lawful authority thereof, and after proper notice and
advertisement in accordance with Georgia Code Annotated, sec-
tion 69-1017, that the charter of the City of Savannah be
amended by amending the Pension Plan adopted and approved
June 8, 1972, as amended, as follows:
Section 1: By striking from Article VII thereof, Section
C.2.(a) Delayed Retirement Date and inserting in lieu
thereof the following:
2. Delayed Retirement, (a) Delayed Retirement
Date. On and after January 1, 1979, a General Employee of
the city may remain in the active employ of the city beyond
the normal retirement age of sixty-five (65) to age seventy
(70) provided, however, that the city manager may require,
at any time, such employee to obtain a medical examinaton
certifying medical fitness to perform the duties of the posi-
tion he holds. Credited service shall continue to accrue be-
yond age sixty-five (65) provided that total accrued credited
service shall not exceed forty (40) years.
An employee electing to remain in the citys employ after age
sixty-five (65) shall not be eligible to receive a disability pen-
sion for a non-job incurred disability, but on incurring such
disability, shall be required to retire as provided for non-dis-
ability retirement.
The provisions herein shall not appply to a participant serv-
ing in an elective office or by election or appointment of the
mayor and aldermen but credited service shall continue to
GEORGIA LAWS 1981 SESSION
5149
accrue so long as the participant serves in said office pro-
vided that total accrued credited service shall not exceed
forty (40) years.
Section 2: By striking from Article V thereof Section D.l.
Past Service and inserting in lieu thereof the following:
D. Crediting of Service. 1. Past Service. Each em-
ployee of the city on the effective date who becomes a par-
ticipant as of the effective date shall receive past service
credit for service with the City of Savannah, Chatham
County or any joint agency of the City of Savannah and
Chatham County equal to the number of years and months
of his full-time service with the City of Savannah, Chatham
County or any joint agency of the City of Savannah and
Chatham County prior to the effective date. Such credit shall
apply only to those employees of the city on the effective
date.
Transfer of Credited Service. After the effective date,
any new employee of the city who transfers from service with
Chatham County or from service with a joint agency of the
City of Savannah and Chatham County, shall receive past
service credit for services with these agencies only if such
agencies had retirement plans equivalent to the retirement
plan of the City of Savannah, and only if such employee was
under such retirement plans at the time he terminated with
such agencies, and had not withdrawn any contributions he
had made to such plans, and provided such agencies agree to
transfer to the city retirement plan any assets accrued on be-
half of the employee.
Section 3: All laws in conflict herewith are herby repealed.
Adopted and Approved June 26, 1980.
/s/ John P. Rousakis
Mayor
Attest:
/s/ Dyanne C. Reese
Acting Clerk of Council
5150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I, Sophie S. Gottlieb, clerk of council of the mayor and aider-
men of the City of Savannah, Georgia, do hereby certify this to
be a true and exact copy of an ordinance adopted and approved
by said mayor and aldermen in meeting assembled, June 26,
1980.
Signed and Sealed July 10, 1980
/s/ Sophie S. Gottlieb
Clerk of Council
State of Georgia
Chatham County
Affidavit of Publication of the Georgia Gazette and Journal
Record
Personally appeared before me, the undersigned officer au-
thorized 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 Chat-
ham 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 May 19, 1980; May 26, 1980; June
2, 1980; and says of her own personal knowledge that the adver-
tisement attached hereto and made a part hereof appeared in
GEORGIA LAWS 1981 SESSION
5151
each of said editions.
M H. M. Smith
(Deponent)
City of Savannah
Special Notice
Notice is hereby given that the mayor and aldermen of the
City of Savannah will consider an ordinance proposed pursuant
to Ga. Code Ann. Section 69-1017 to amend the charter of the
City of Savannah to amend the pension plan adopted and ap-
proved June 8, 1972, as amended. The amendment will be con-
sidered at the meeting of council, June 12, 1980 at 2:00 p.m. in
council chamber at city hall, and further considered for final
adoption at the next regular meeting June 26, 1980.
A copy of the proposed ordinance is on file in the office of the
clerk of council and the office of the clerk of the superior court
of Chatham County, Georgia for the purpose of examination and
inspection by the public.
This 14th day of May, 1980.
Sophie S. Gottlieb
Clerk of Council
May 19, 26, June 2, 1980
Sworn to and subscribed before me this 10th day of July, 1980.
/s/ Carolyn F. Benedict
Notary Public, Chatham County Georgia
Filed in the Office of Secretary of State July 14, 1980.
5152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SAVANNAHPENSION PLAN.
An Ordinance to amend the charter of the City of Savannah
by amending the pension plan adopted February 20, 1945, as
amended; to amend sections 1-1502, 1-1503, 1-1512 and 1-1525;
to allow an increase in benefits of one (1%) percent of each pen-
sioners monthly benefit for each year of service with the city at
the time of retirement, up to a maximum of twenty-five (25)
years or more of credited service; to repeal all ordinances in con-
flict herewith; and for other purposes.
Be it Ordained by the mayor and aldermen of the City of Sa-
vannah, Georgia, in regular meeting of council assembled and
pursuant to lawful authority thereof, and after proper notice and
advertisement in accordance with Georgia Code Annotated, Sec-
tion 69-1017, that the charter of the City of Savannah be
amended by amending the pension plan adopted and approved
February 20, 1945, as amended.
Section 1: That the charter of the City of Savannah be
amended by amending section l-1502(c) and section l-1502(d)
to read: . . . shall not exceed $100 plus an increase in benefits
effective July 1, 1980, of 1% of each pensioners monthly benefit
for each year of service with the City of Savannah at the time of
retirement, up to a maximum of twenty-five (25) years.
Section 2: That the charter of the City of Savannah be
amended by amending section l-1503(a), (b) and (c) to read:
. . . plus a benefit effective July 1, 1980, of 1% of each pen-
sioners monthly benefit for each year of service with the City of
Savannah, at the time of retirement, up to a maximum of
twenty-five (25) years.
Section 3: That the charter of the City of Savannah be
amended by amending section 1-1512 as reads: . . . Not to ex-
ceed $100.00 plus a monthly benefit increase effective July 1,
1980, of 1% of the pensioners monthly benefit for each year of
service with the City of Savannah at the time of retirement up
to a maximum of twenty-five (25) years.
Section 4: That the charter of the City of Savannah be
amended by amending section 1-1525 A and B as reads:
GEORGIA LAWS 1981 SESSION
5153
Section 1-1525 A . . . The amount of each such monthly re-
tirement benefit of any such employee who has had not less
than ten years of continuous service shall be 1/12 of the total
of (a) and (b) plus (c) (when applicable) as follows:
a. lA of one percent of the first $1,200.00 of his average
regular earnings multiplied by the number of years of contin-
uous service with the City.
b. 1 percent of the next $3,000.00 of his average regular
earnings multiplied by the number of years of continuous
service with the City.
c. A retirement pay increase effective July 1, 1980, of 1%
of each pensioners monthly benefits for each year of service
with the City at the time of retirement up to a maximum of
twenty-five (25) years.
Section 1-1525 B(a) . . . The maximum city retirement benefits
to be paid pursuant to the provisions of this Act shall be $68.75
per month plus the retirement pay increase authorized by Para-
graph A(c) above.
Section 5: All charters, code provisions or ordinances in con-
flict herewith are hereby repealed.
Adopted and approved June 26, 1980.
/s/ John P. Rousakis
Mayor
Attest:
/s/ Dyanne C. Reese
Acting Clerk of Council
I, Sophie S. Gottlieg, clerk of council of the mayor and aider-
men of the City of Savannah, Georgia, do hereby certify this to
be a true and exact copy of an ordinance adopted by said mayor
and aldermen in meeting assembled, June 26, 1980.
5154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Signed and Sealed July 10, 1980.
/s/ Sophie S. Gottlieb
Clerk of Council
State of Georgia
Chatham County
Affidavit of Publication of the Georgia Gazette and Journal
Record.
Personally appeared before me, the undersigned officer au-
thorized 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 Chat-
ham 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 May 19, 1980; May 26, 1980; June
2, 1980; and says of her own personal knowledge that the adver-
tisement attached hereto and made a part hereof appeared in
each of said editions.
/s/ H. M. Smith
(Deponent)
Special Notice
Notice is hereby given that the mayor and aldermen of the
City of Savannah will consider an Ordinance proposed pursuant
GEORGIA LAWS 1981 SESSION
5155
to Ga. Code Ann. Section 69-1017 to amend the charter of the
City of Savannah to amend the old pension plan sections 1-1502,
1-1503, 1-1512, and 1-1525 of the 1977 city code to allow an in-
crease in benefits of one (1%) per centt of each pensioners
monthly benefit for each year of retirement, up to a maximum of
twenty-five (25) years of credited service. The amendment will
be considered at the meeting of council June 12, 1980 at 2:00
p.m. in council chamber at city hall and further considered for
final adoption at the next regular meeting June 26, 1980.
A copy of the proposed amendment is on file in the Office of
the clerk of council and the office of the clerk of superior court
of Chatham County, Georgia for the purpose of examination and
inspection by the public.
This 14th day of May, 1980.
Sophie S. Gottlieb
Clerk of Council
May 19, 26, June 2, 1980
Sworn to and subscribed before me this
10th day of July, 1980.
/s/ Carolyn F. Benedict
Notary Public, Chatham County
Georgia
Filed in the Office of Secretary of State July 14, 1980.
TOWN OF TOOMSBOROTAX ON INSURANCE
COMPANIES.
Section 4. 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
5156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
writing life, accident, and sickness insurance doing business
within the Town of Toomsboro in an amount equal to one per
cent (1%) of the gross direct premium received during the pre-
ceding calendar year from policies insuring persons residing
within the corporate limits of the Town of Toomsboro. Gross
Direct Premiums as used in this ordinance shall mean gross
direct premiums as used in 56-1303 of the Insurance Code of
Georgia as amended. The tax levied by this section is in addition
to the license fees levied by section 1.
Section 5. Gross Premium Tax, All Other Companies.
There is hereby levied for the year 1979 and for each year there-
after an annual tax upon each company doing an insurance busi-
ness within the Town of Toomsboro 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 Town of Toomsboro, excluding pre-
miums taxed under section 4. The tax levied by this section is in
addition to the license fees levied by section 1.
Section 6. Administrative Provisions.
B. The premium taxes levied by section 4 and 5 hereof are due
and payable upon the effective date of this Ordinance. Any com-
pany not reporting and paying the premium tax on or before
forty-five (45) days from the effective date of this Ordinance
shall be delinquent.
July 30, 1979
In the July 2nd meeting of the Town Council of Toomsboro
the Gross Premium Tax Ordinance on Insurance Companies was
passed. It is my understanding that a copy of this Ordinance
must be submitted to your office for approval. It is with this in-
tention I mail you a copy of the ordinance and a stamped self-
addressed envelope for your convenience in returning it to
Toomsboro.
GEORGIA LAWS 1981 SESSION
5157
Thank you.
Yours very truly,
/s/ Amelia Lord
Clerk
Enclosures
Sept. 7, 1979
To Whom It May Concern:
The attached legal advertisement was published in the Wil-
kinson County News, the official organ of Wilkinson County on
the following dates:
Aug. 16, 1979
Aug. 23, 1979
Aug. 30, 1979
/s/ Mrs. Hazel C. Connell
General Mgr.
/s/ Amelia Lord
Notary Public, Georgia State at Large
My Commission Expires March 8, 1981
Section 4. 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 Town
of Toomsboro in an amount equal to one per cent (1%) of the
gross direct premium received during the preceding calendar
year from policies insuring persons residing within the corporate
limits of the Town of Toomsboro. Gross Direct Premiums as
used in this ordinance shall mean gross direct premiums as
used in 56-1303 of the Insurance Code of Georgia as amended.
The tax levied by this Section is in addition to the license fee
levied by Section 1.
Section 5. Gross Premium Tax, All Other Companies. There is
hereby levied for the year 1979 and for each year thereafter an
5158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
annual tax upon each company doing an insurance business in
the Town of Toomsboro in an amount equal to one percent (1%)
of the gross direct premiums received during the preceding cal-
endar year from policies upon risks located within the corporate
limits of the Town of Toomsboro, excluding premiums taxed
under Section 4. The tax levied by this Section is in addition to
the license fees levied by Section 1.
The above ordinance was adopted by the Mayor and Council
of the Town of Toomsboro on July 2, 1979. Al6,23,30d
Filed in the Office of Secretary of State March 13, 1980.
CITY OF WARNER ROBINSBIDS.
An Ordinance of the mayor and council of the City of Warner
Robins, Georgia amending section 5-401 of the charter of the
City of Warner Robins pertaining to bids.
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 sub-section (b) of Code section 5-401 of the charter be
changed as follows:
I.
By adding to sub-section (b) of the Code section 5-401 the
following.
Provided, however, that such bids shall not be required as to
any equipment or supplies purchased on a state contract; that is,
at the State price and terms from the vendor who has been
awarded the contract for purchases by the state of Georgia as to
the item being purchased for the year in which the item is being
purchased.
GEORGIA LAWS 1981 SESSION
5159
II.
All ordinances and parts of ordinances in conflict with this or-
dinance are hereby repealed.
III.
This ordinance shall become effective July 21, 1980.
This 7th day of July, 1980.
City of Warner Robins, Georgia
By: Fay Evans
Mayor
Attest:
/s/ Thomas E. McMinn
City Clerk
Georgia, Houston County
I hereby certify that the foregoing ordinance changing that
section of the city charter which is codified as section 5-401 was
adopted by mayor and council at its regular meeting on July 7,
1980 by the following vote
This 7th day of July, 1980.
/s/ Thomas E. McMinn
City Clerk
Georgia, Houston County
I hereby certify that the foregoing ordinance changing that
section of the city charter which is codified as section 5-401 was
adopted by mayor and council at its regular meeting on July 21,
1980 by the following vote
This 21st day of July, 1980.
/s/ Thomas E. McMinn
City Clerk
5160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Houston County
Personally appeared before me this date, Bobby Branch, pub-
lisher of The Houston Home Journal, Perry, Ga., the official or-
gan of Houston County, Georgia, who certifies that the legal no-
tice, Compliance Section 69-1107Amendment of Charter was
published in The Houston Home Journal on the following dates:
June 5, 12 & 19, 1980
This 1st day of July, 1980.
/s/ Bobby Branch
Publisher, Houston Home
Journal
Perry, Georgia
Sworn to and subscribed
before me this 1st day
Of July, 1980
/s/ Sally P. Quinn
Notary Public
Houston County
My Commission Expires April 28, 1984
Legal Notice
In compliance with section 69-1017 (b) of the Code of Goergia
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 of the municipal governing author-
ity, said meetings to be held on July 17, 1980 and July 21, 1980
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 5-401
pertaining to a requirement to obtain three or more sealed com-
petitive bids for the purchase of equipment, supplies or real
property valued at $1500.00 or more as follows:
By adding to sub-section (b) of Code section 5-401 the
following:
Provided, however, that such bids shall not be required as to
GEORGIA LAWS 1981 SESSION
5161
any equipment or supplies purchased on a State contract; that
is, at the State price and terms from the vendor who has been
awarded the contract for purchases by the State of Georgia as to
the item being purchased for the year in which the item is being
purchased.
A copy of the proposed amendment is on 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 By:
Foy Evans, Mayor
Attest:
Thomas E. McMinn,
City Clerk
Filed in the Office of Secretary of State July 28, 1980
5162
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 22, 1981
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 43, 69, 157 and 353 which were
passed by the General Assembly of Georgia at the 1981 Regu-
lar Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires 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 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
5163
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 22, 1981
George Busbee
Governor
Honorable Thomas B. Murphy
Speaker, House of Representatives
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 58, 130, 377, 432, 639, 1021, 1063
and 272 which were passed by the General Assembly of Geor-
gia at the 1981 Regular Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires 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
5164
Veto No. 1S. B. 43 by Senator Barnes of the 33rd
Senate Bill 43 and House Bill 101 accomplish the same
objectives and are practically verbatim in their textual content.
The authors of both bills have consulted and arrived at the
mutual decision that House Bill 101 is the more preferable bill
to accomplish the technical amendments necessary to amend
the Uniform Commercial Code to redefine the term public
sale. Therefore, the author of Senate Bill 43 requested that I
sign into law House Bill 101 and veto Senate Bill 43. I have
done so.
Veto No. 2S. B. 69 by Senator Coverdell of the 40th
Senate Bill 69 would make an employer who is engaged in
the business of operating taxicabs liable for the actions of an
independent contractor who intentionally causes unlawful de-
tention, injuries or damages to other persons or property. Pre-
sumably the employer would remain insulated from the re-
sponsibility for the tortius conduct of the contractor if the
negligence of the contractor is not intentional. To place upon
an employer the responsibility to respond to injuries occa-
sioned by an independent contractor who is not subject to the
immediate direction and control of the employer is a proposi-
tion which in certain limited instances the General Assembly
has addressed and found to be in the public interest. However,
to require the employer to bear the burden of responding to
the intentional tortious conduct of an independent contractor
is an unconscionable burden to place upon the employer. Re-
gardless of the care, prudence and sound judgment which
might be exercised by the employer in selecting his contractor,
it is a burden far too onerous to place upon the employer the
requirement to possess the clairvoyance which is required to
determine that the contractor will not under any of the myriad
circumstances in which the contractor will be operating that he
will not intentionally commit tortious acts. There is an over-
whelming presumption that ordinary men of good will would
not intentionally injure their fellow citizens. The insurance in-
dustry in general, for reasons of sound public policy, will not
insure against intentional torts. An employer engaged in the
taxi business would not only be required to respond for dam-
ages caused by a contractor operating one of the employers
vehicles, but to all intentional damages caused by any indepen-
dent contractor employed in any capacity by the employer. It
is not in the public interest to require an employer to bear the
responsibility of meeting damages occasioned by the willful
5165
and intentional conduct of a contractor who is not subject to
the immediate direction or control by the employer.
Veto No. 3S. B. 157 by Senator Sutton of the 9th
Senate Bill 157 amends the Employees Retirement System
of Georgia to:
1) transfer all creditable service acquired under the Georgia
Legislative Retirement System to the Teachers Retire-
ment System or Employees Retirement System at such
time as a former member of LRS is employed in a position
which is covered by TRS or ERS.
2) authorize a member of ERS to purchase service credits for
active duty rendered in the armed forces of the United
States at any time from January 1, 1954 until January 1,
1956.
3) remove the 4 Vi percent maximum assumption for rates of
interest earnings which are used in actuarial computations
by the retirement system board of trustees.
4) permit otherwise mandatory retirement ages to be waived
by the Board of Natural Resources for a conservation
ranger in order to permit the ranger to accumulate 27
years of total creditable service in lieu of the presently im-
posed 25 year limit.
Three separate and distinct legal problems with the bill have
been called to my attention. The first problem concerns the
failure of the General Assembly to incorporate within the title
of the bill the necessary language to cover the provisions which
provide for the transfer of legislative service into TRS. The
second problem concerns the implications of Section 1 which
effect changes within three separate and distinct retirement
systems which are the creatures of three separate and distinct
acts of the General Assembly. The final legal deficiency con-
cerns itself with the allegations that the General Assembly
failed to observe and follow its own rules of legislative proce-
dure and the possible violation of certain statutory require-
ments during the legislative processes leading to the enactment
of Senate Bill 157.
In my opinion, none of the legal deficiencies standing alone
are of sufficient magnitude to lead me to conclude that we have
a patently unconstitutional bill which would demand an execu-
tive veto.
The service credit for military service provisions would result
in an estimated unfunded liability to the system of approxi-
mately 14.7 million dollars. The fiscal impact of Section 1 has
been impossible to determine. The remaining provisions of the
5166
bill have little or no adverse fiscal impact upon the systems.
There is nothing novel or unique about ERS permitting leg-
islative service to achieve creditable service for ERS retirement
purposes. In 1971, all 261 members of the General Assembly
who were members of LRS were transferred by operation of
law into ERS and received under ERS as creditable service,
year for year, that time which was acquired by the member as
creditable service under LRS. From 1971 until now, and in the
future, each member of the General Assembly who is a member
of ERS receives credit for each year of service which he ac-
cumulates as a member of the General Assembly. Prior to 1971,
former members of the General Assembly who subsequently
became members of ERS, pursuant to legislative enactments,
have been permitted to receive creditable service for their time
spent as a member of the General Assembly.
I have received several communications from members of the
General Assembly subsequent to the enactment of the bill re-
questing that I exercise my veto authority, notwithstanding the
face that the legislator had approved of the bill at the time of
his vetoexplaining that at the time he voted for the bill, he
did not understand that the proposal would authorize legisla-
tive service to become creditable service under ERS or TRS. It
is difficult to sustain this lack of understanding on the basis
that the language of the bill is confusing or misleading because
such is not the case. The provisions of Section 1 in very simple,
precise and declarative, English statements make it plain and
unambiguous that precisely the effect of Section 1 is to author-
ize such service transfers. What is not clear and readily ascer-
tainable from reading the provisions of Section 1 is the very
distinct possibility that if Senate Bill 157 is allowed to become
law a member of the General Assembly who later becomes em-
ployed in a position covered by ERS or TRS, if his retirement
benefits have become vested under LRS, could reap the bene-
fits of both LRS and ERS or TRS by using that time expended
as a member of the General Assembly as creditable service
under each of the two systems.
The policy implications raised by the possibility of double
dipping, in all fairness to the members of the General Assem-
bly on each side of the question, did not become an important
issue until after enactment and resulted only then from the
benefit of sufficient time which allowed reflective analysis of
the implications. This opportunity was not available to the
General Assembly. A veto based solely on the policy issue of
allowing legislative service to be transferred into other retire-
ment systems cannot be sustained upon past historical policy
decisions of former General Assemblys and Governors. History
5167
reveals many instances of such policy executions without the
public outrage now being experienced.
Because of the uncertainty of the implications of Section 1 of
the bill, I will not allow the bill to become law and perpetuate
this uncertainty as to the status of vested retirement benefits
under LRS and which most assuredly will necessitate litigation
ultimately to resolve this uncertainty. I do not foresee any ir-
reparable injury which will result if an opportunity to carefully
review each policy objective sought to be accomplished by Sen-
ate Bill 157 is postponed until the next session of the General
Assembly.
Veto No. 4S. B. 353 by Senator Littlefield of the 6th
Senate Bill 353 is a local bill affecting only Camden County.
Subsequent to the passage of Senate Bill 353, additional legis-
lation accomplishing the objectives sought by Senate Bill 353s
passage was adopted in more preferable form. Accordingly,
pursuant to the request of the author of Senate Bill 353,1 have
vetoed this bill.
Veto No. 5H. B. 58 by Representative Johnson of the 66th
House Bill 58 would require that persons 65 years of age or
older who do not desire to serve upon juries must notify the
jury commissioners in writing of such fact and their names
would then be removed from the jury list. Presently, the name
of a person 65 years of age or older is removed from the jury
list unless the jury commissioners are notified in writing that
such an individual desires to serve upon juries. I am concerned
that many of our citizens who are 65 years of age or older who
do not care to serve upon juries will not be sufficiently aware
that affirmative action is required to prevent them from being
summoned for jury duty. If a burden of notification is to be
imposed, I prefer that those actively desiring to serve bear the
burden. I am in sympathy with the desire of the author of
House Bill 58 to facilitate and encourage the service of our
most experienced and wise citizens as jurors. In discussing my
concerns with this legislation with the author, I have been in-
formed that if my concerns should result in my disapproval of
the bill, he intends to sponsor legislation at the next session of
the General Assembly designed to facilitate the notification
processes necessary to have the names of persons 65 years of
age and older desiring to serve on juries placed on the jury list.
In my judgment, such an approach to the problem is preferable
to the solution embraced in House Bill 58. Accordingly, I have
5168
vetoed the bill.
Veto No. 6H. B. 130 by Representatives Thomas of the
66th, Lawson of the 9th, Fuller of the 16th and
others
House Bill 130 provides that the operator of a motor vehicle
owes to his passengers the duty to exercise ordinary care for
their safety. I question the wisdom of any proposal which could
result in requiring that a single degree of care is applicable to
all passengers of motor vehicles regardless of the status of the
operator and without regard to the paying status of the passen-
ger. Presently operators of motor vehicles transporting passen-
gers for hire must exercise extraordinary diligence to protect
the lives and persons of their passengers, such as school chil-
dren. For sound reasons of public policy, Georgia has required
those who voluntarily choose to earn their livelihood by engag-
ing in the business of transporting for compensation passengers
to be inordinately attentive to the safety of those who have
entrusted the care of their persons and property to the carrier.
Conversely, a guest passenger who bears no portion of the bur-
den of the responsibility for his transportation can recover only
those damages which he suffers as a result of the conduct of a
grossly negligent operator of a motor vehicle. I support the
longstanding differential treatment prescribed by case and
statutory law for paying and nonpaying passengers within mo-
tor vehicles. I see no reason to permit this demonstrated, good,
public policy to be altered. Therefore, I have vetoed House Bill
130.
Veto No. 7H. B. 377 by Representatives Snow of the 1st,
Walker of the 115th, Evans of the 84th and
others
House Bill 377 would authorize a district attorney or solici-
tor to enter a nolle prosequi in any pending indictment or ac-
cusation except during those periods of time in which it has
been determined that the prosecuting official will not succeed
himself without the necessity of securing the consent of the
court. Presently a nolle prosequi may be entered only after an
examination of the case has been conducted in open court and
the court has consented to its entry. It is my belief that the
present law is an important aspect of the checks and balances
system of our government and constitutes an integral part of
those procedures which contribute immeasurably to the degree
of confidence in which our judicial processes are held by the
5169
public. The present system has operated well for more than
100 years. I am not persuaded that a change allowing a unilat-
eral decision of dismissal would be in the best interests of the
public. Therefore, I have vetoed House Bill 377.
Veto No. 8H. B. 432 by Representatives Colwell of the 4th,
Mullinax of the 69th, Twiggs of the 4th and
others
House Bill 432 as originally introduced simply permitted
corporate officers of a corporation to elect noncoverage of
workers compensation insurance. Separate and distinct legisla-
tion (Senate Bill 379) was proceeding through the legislative
process which was designed to amend the Insurance Code to
make applicable to workers compensation insurance the open
competition rating concept which is in place for insurance
ratemaking purposes for fire and casualty insurance. At the
closing stages of the General Assembly session, in anticipation
of the passage of Senate Bill 379, House Bill 432 was amended
to conform the workers compensation title to the proposed
changes contemplated to be brought about by the passage of
Senate Bill 379. However, Senate Bill 379 did not pass. With-
out the necessary mechanics found within Senate Bill 379, I am
informed by the Insurance Commissioner that if House Bill
432 were allowed to become law, the ability of the Insurance
Department to regulate workers compensation rates would be
seriously undermined. For this reason, I have vetoed House
Bill 432.
Veto No. 9H. B. 639 by Representatives Dent of the 85th
and Cheeks of the 89th
House Bill 639 amends the Act which created the Augusta-
Richmond County Coliseum Authority to delete therefrom the
power of the Authority to sue and be sued. Additionally, the
bill declares that the General Assembly reaffirms the proposi-
tion that the doctrine of sovereign immunity is applicable to
the Authority. The General Assembly has created by legislative
enactment literally hundreds of authorities in order to bring to
fruition projects which the State or its political subdivisions
could not otherwise execute or carry out with the degree of fa-
cility which an authoritys capabilities permitted. In order to
permit these activities, it has been paramount that it be abun-
dantly clear that the particular authority is not the alter ego of
the State or is not the alter ego of one of the States political
subdivisions. Otherwise, the flexibility of the authoritys pow-
5170
ers and duties could be limited by many of the restrictions
which are applicable to the State, its agencies and political
subdivisions. To permit a declaration by the General Assembly
to become enshrined in the States statutory law that the ap-
plicability of the doctrine of sovereign immunity to this partic-
ular Authority is reaffirmed has unfathomed implications
which could be adverse to the interests of all authorities. I can-
not permit this uncertainty to jeopardize the various projects
being operated by hundreds of authorities. Therefore, I have
vetoed House Bill 639.
Veto No. 10H. B. 1021 by Representatives Burruss and
Aiken of the 21st, Darden and Wilson of the
19th
House Bill 1021 is a local bill affecting only Cobb County.
After its passage, it was discovered that House Bill 1021 would
accomplish unintended changes. Therefore, pursuant to the re-
quest of the delegation representing Cobb County, I have ve-
toed House Bill 1021.
Veto No. 11H. B. 1063 by Representatives Childs of the
51st, Burton of the 47th, Hawkins of the 50th
and others
House Bill 1063 was one of a series of bills updating the
population figures of certain population acts. In updating the
population figures for one county affected by House Bill 1063,
another county was inadvertently excluded. Therefore, pursu-
ant to the request of the author of House Bill 1063, I have not
allowed the bill to become law.
Veto No. 12H. B. 272 by Representative Murphy of the 18th
House Bill 272 would provide that an applicant for certifica-
tion as a peace officer would not be disqualified by virtue of the
fact that the applicant had been convicted of a felony if the
applicant has received a pardon for the crime for which he was
convicted.
The democratic processes of this Nation and State are no
more nobly or appropriately illustrated than through the ob-
servance of the legislative process. It is through these
processes, in a forum composed of a widely representative and
diverse body, that the peoples will is determined. It is through
these processes that a proposal which is the subject matter of a
bill or resolution is probed, evaluated, and debated and per-
5171
fected. It is within this crucible of the committee system, of
free and open floor debate, that proposals which are not wor-
thy are rejected, that proposals which are commendable but
flawed are perfected and honed to the fine cutting edge re-
quired of all proposals which will become the stated public pol-
icy of this State.
House Bill 272 represents no better example or more dra-
matically illustrates the failure of the legislative process to
function as it is intended and in a manner in which it must
operate if the peoples interest is to be adequately adhered to
by the General Assembly of Georgia. The General Assembly is
the voice of the people and represents the collective wisdom of
this States citizens. House Bill 272 received one negative vote
and 191 affirmative votes in the General Assembly. No other
measure passed by the General Assembly which is before me
has received a larger negative response from the public in gen-
eral and from the law enforcement community in particular. I
can state that, judging by my mail, it is the most disfavored
bill or resolution which I have had under consideration. If any
law enforcement or criminal justice agency supports House Bill
272, I am not aware of it. My impression, gleaned from my
mail, leads me to believe that the law enforcement community
unanimously disapproves of the concept of House Bill 272. To
my knowledge, local government officials have no other opinion
for this legislation other than of a negative nature.
It is a disservice to the proponent of any legislative proposi-
tion that he be denied the opportunity to profit from the views
and suggestions of those who find fault with the merits of his
proposal. It is a disservice to the people of this State also that
only after a bill has completed its travels through two substan-
tive committees of the General Assembly charged with review-
ing and perfecting legislation dealing with issues of public
safety, and then after scrutiny and debate by all 236 of the
peoples elected representatives, that the publics view of the
legislation which is now so universally banned as unwise, led
only one member of the General Assembly to express a nega-
tive response to this proposal. The bill passed with no amend-
ments offered or accepted.
I have shared public service with the author of this bill for
more than twenty years. I do not believe for one moment that
the expressions of almost universal opposition to the solution
which he deemed to be correct and appropriate for the per-
ceived problem would have gone unheeded if he had been
made aware of the degree of disfavor in which his proposal was
held. The author determined that in fact the present processes
for the administration of the certification of peace officers per-
5172
mits convicted felons, who are artful enough to conceal their
convictions, to be certified as acceptable peace officers. Those
applicants lacking such artfulness cannot be certified. He pro-
posed a solution to the problem. His fellow legislators tested
the winds of public opinion and then embraced his suggested
solution without change or opposition.
I now must judge the merits of the bill possessed with the
knowledge which I have of its public acceptance. I am per-
suaded that the approach suggested by House Bill 272 to the
problem is not the best solution to a very real problem which
has been brought to the publics attention by the author of this
bill. I believe that it is imperative that the people continue to
enjoy the highest regard for, and continue to repose the highest
confidence in, the integrity and professional capabilities of
those who are charged with the responsibility to protect their
lives and property from the criminal element. If I were to sign
House Bill 272, I am convinced that the publics confidence in
their law enforcement personnel and sense of security would be
seriously undermined. Therefore, I have vetoed House Bill 272
with the hope that a more appropriate solution to a very real
and present problem will be found at the next session of the
General Assembly.
5173
COUNTIES AND SUPERIOR COURT CIRCUITS
5174
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of May 1, 1981
ROBERT H. JORDAN...............................................Chief Justice
HAROLD N. HILL, JR.................................Presiding Justice
HIRAM K. UNDERCOFLER...............................Associate Justice
THOMAS 0. MARSHALL.................................Associate Justice
HAROLD G. CLARKE...................................Associate Justice
GEORGE T. SMITH................................... Associate Justice
HARDY GREGORY, JR..................................Associate Justice
JOLINE BATEMAN WILLIAMS .............................Clerk
HAZEL E. HALLFORD.............................Deputy Clerk
GUY M. MASSEY.....................................Reporter
W. SCOTT HENWOOD..........................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of May 1, 1981
J. KELLEY QUILLIAN
BRASWELL D. DEEN, JR....
WILLIAM LEROY MCMURRAY, JR.
ARNOLD SHULMAN
HAROLD R. BANKE
ANDREW W. BIRDSONG, JR.
GEORGE H. CARLEY
JOHN W. SOGNIER
MARION T. POPE, JR......
ALTON HAWK
DONALD L. SHIVER
GUY M. MASSEY........
W. SCOTT HENWOOD
.............Chief Judge
Presiding Judge
.........Presiding Judge
.........Presiding Judge
................... Judge
................... Judge
................... Judge
................... Judge
................... Judge
...............Clerk
Special Deputy Clerk
............Reporter
. . Assistant Reporter
5175
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS AND CALENDAR
As of June 4, 1981
ALAPAHA CIRCUIT.
HONS. W.D. JACK KNIGHT, Chief Judge, Berrien County Courthouse
BROOKS E. BLITCH, Judge, Clinch County Courthouse
VICKERS NEUGENT, D.A., Lanier County Courthouse
AtkinsonThird Monday in January and October
BerrienThird Monday in February and November
ClinchFirst Monday in March and November
CookFirst Monday in February and October
Lanier: Second Monday in January and September
ALCOVY CIRCUIT.
HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse
GREELEY ELLIS, Judge, Newton County Courthouse
J.W. (JIM) MORGAN, D.A., Newton County Courthouse
NewtonSecond and third Mondays in January, April, July and October
WaltonFirst and second Monday in February, May, August and
November
ATLANTA CIRCUIT.
HONS. LUTHER ALVERSON, Chief Judge, Fulton County Courthouse
SAM P. MCKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD,
JOEL J. FRYER, CHARLES L. WELTNER, RALPH H. HICKS,
FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE,
CLARENCE COOPER, Judges, Fulton County Courthouse
LEWIS R. SLATON, D.A., Fulton County Courthouse
FultonFirst Monday in January, March, May, July, September and
November
ATLANTIC CIRCUIT.
HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse
JAMES E. FINDLEY, Judge, Tattnall County Courthouse
DUPONT K. CHENEY, D.A., Liberty County Courthouse
BryanThird Monday in March; first Monday in November
EvansFirst Monday in February and August
LibertyThird Monday in February and September
LongFirst Monday in March; third Monday in August
McIntoshFourth Monday in February and May; second Monday in Sep-
tember; first Monday in December
TattnallThird Monday in April and October
5176
AUGUSTA CIRCUIT.
HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County
Courthouse
FRANKLIN H. PIERCE, ALBERT MCELVEEN PICKETT, BER-
NARD J. MULHERIN, SR., Judges, Richmond County Courthouse
SAM B. SIBLEY, JR., D.A., Richmond County Courthouse
BurkeSecond Monday in May and November
ColumbiaFourth Monday in March and September
RichmondThird Monday in January, March, May, July, September and
November
BLUE RIDGE CIRCUIT.
HONS. RICHARD B. NEVILLE, JR., Senior Judge, Forsyth County
Courthouse
FRANK C. MILLS, III, Judge, Cherokee County Courthouse
RAFE BANKS, III, D.A., Forsyth County Courthouse
CherokeeSecond Monday in January, May, and September
FanninThird Monday in April, fourth Monday in August; first Monday
in December
ForsythFourth Monday in March and July; second Monday in
November
GilmerThird Monday in May; fourth Monday in October
PickensSecond Monday in March; fourth Monday in September
BRUNSWICK CIRCUIT.
HONS. GORDON KNOX, JR., Chief Judge, Jeff Davis County Courthouse
WILLIAM R. KILLIAN, A. BLEN TAYLOR, JR., Judges, Glynn County
Courthouse
GLENN THOMAS, JR., D.A., Wayne County Courthouse
ApplingSecond and third Monday in February, third and fourth Mon-
day in October
CamdenFirst Monday in April and November
GlynnSecond Monday in January, May and September
Jeff DavisFirst and second Monday in March; fourth Monday in Sep-
tember; first Monday in October
WayneThird and fourth Monday in April and November
CHATTAHOOCHEE CIRCUIT.
HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse
E. MULLINS WHISNANT, KENNETH B. FOLLOWILL, ALBERT W.
THOMPSON, Judges, Muscogee County Courthouse
WILLIAM J. SMITH, D.A., Muscogee County Courthouse
ChattahoocheeFourth Monday in March and September
HarrisSecond Monday in January, May and September
MarionFourth Monday in April and October
MuscogeeFirst Monday in February, April, June, August, October, and
December
TalbotSecond Monday in March and November; third Monday in
August
TaylorFirst and second Monday in January and July
5176A
CHEROKEE CIRCUIT.
HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse
ROBERT THOMAS POPE, Judge, Gordon County Courthouse
DARRELL WILSON, D.A., Gordon County Courthouse
BartowFirst Monday in February and August; fourth Monday in April;
third Monday in October
GordonFirst Monday in March and December; first Monday in June;
second Monday in September
CLAYTON CIRCUIT.
HONS. MARVIN A. MILLER, Chief Judge, Clayton County Courthouse
JOE C. CRUMBLEY, WILLIAM H. ISON, Judges, Clayton County
Courthouse
ROBERT E. KELLER, D.A., Clayton County Courthouse
ClaytonFirst Monday in February, May, August and November
COBB CIRCUIT.
HONS. JAMES L. BULLARD, Chief Judge, Cobb County Courthouse
WATSON WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON,
Judges, Cobb County Courthouse
TOM CHARRON, D.A., Cobb County Courthouse
CobbSecond Monday in January, March, May, July, September and
November
CONASAUGA CIRCUIT.
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse
CHARLES A. PANNELL, JR., Judge, Murray County Courthouse
STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse
MurraySecond Monday in February and August
WhitfieldSecond Monday in January and July
CORDELE CIRCUIT.
HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County
Courthouse
G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse
GARY C. CHRISTY, D.A., Dooly County Courthouse
Ben HillSecond and third Monday in January; first and second Monday
in April; third and fourth Monday in June and September and Mon-
day following.
CrispThird and fourth Monday in February and Monday following; sec-
ond, third, and fourth Monday in May; second and third Monday in
August; second, third and fourth Monday in November.
DoolyFourth Monday in January and Monday following; third and
fourth Monday in April; third and fourth Monday in July; third and
fourth Monday in October.
WilcoxSecond and third Mondays in March; fourth Monday in August
and Monday following; first and second Monday in December











5177
COWETA CIRCUIT.
HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse
DEWEY SMITH, WILLIAM LEE, Judges, Carroll County Courthouse
ART MALLORY, D.A., Troup County Courthouse
CarrollFirst Monday in April and October
CowetaFirst Monday in March; first Tuesday in September
HeardThird Monday in March and September
MeriwetherThird Monday in February, May, August and November
TroupFirst Monday in February, May, August and November
DOUGHERTY CIRCUIT.
HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse
LEONARD FARKAS, Judge, Dougherty County Courthouse
HOBART (HOBIE) HIND, D.A., Dougherty County Courthouse
DoughertySecond Monday in January, March, May, July, September
and November
DUBLIN CIRCUIT.
HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County
Courthouse
DUBIGNION DOUGLAS, Judge, Laurens County Courthouse
BEVERLY B. HAYES, JR., D.A., Laurens County Courthouse
JohnsonThird Monday in March, June, September and December
LaurensFourth Monday in January, April, July and October
TreutlenThird Monday in February and August
TwiggsSecond Monday in January, April, July and October
EASTERN CIRCUIT.
HONS. GEORGE E. OLIVER, Chief Judge, Chatham County Courthouse
FRANK S. CHEATHAM, JR., PERRY BRANNEN, JR., EUGENE H.
GADSDEN, Judges, Chatham County Courthouse
SPENCER LAWTON, JR., D.A., Chatham County Courthouse
ChathamFirst Monday in March, June, September and December
FLINT CIRCUIT.
HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse
R. ALEX CRUMBLEY, Judge, Henry County Courthouse
E. BYRON SMITH, D.A., Lamar County Courthouse
ButtsFirst and second Monday in February and November; first Mon-
day in May; third and fourth Monday in August
HenrySecond, third and fourth Monday in January, April, July and
October
LamarFirst and second Monday in March, June and December; second
and third Monday in September
MonroeThird and fourth Monday in February, May and November;
first and second Monday in August
5178
GRIFFIN CIRCUIT.
HONS. ANDREW J. WHALEN, JR., Chief Judge, Spalding County
Courthouse
BEN J. MILLER, Judge, Upson County Courthouse
JOHNNIE L. CALDWELL, JR., D.A., Upson County Courthouse
FayetteFirst Monday in March; second Monday in September
PikeThird Monday in April and November
SpaldingFirst Monday in February, June and October
UpsonThird Monday in March and August; first Monday in November
GWINNETT CIRCUIT.
HONS. CHARLES C. PITTARD, Chief Judge, Gwinnett County Courthouse
REID MERRITT, HOMER M. STARK, Judges, Gwinnett County
Courthouse
WILLIAM BRYANT HUFF, D.A., Gwinnett County Courthouse
GwinnettFirst Monday in January, March, May, July and November;
second Monday in September
HOUSTON CIRCUIT.
HONS. WILLIS B. HUNT, JR., Judge, Houston County Courthouse
THERONE FINLAYSON, D.A., Houston County Courthouse
HoustonFirst Monday in January, March, May, July, September and
November
LOOKOUT MOUNTAIN CIRCUIT.
HONS. PAUL W. JOHNNY PAINTER, Chief Judge, Walker County
Courthouse
JOSEPH E. LOGGINS, Judge, Chattooga County Courthouse
GARY B. ANDREWS, Judge, Walker County Courthouse
DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse
CatoosaFirst Monday in March, second Monday in September
ChatoogaFirst Monday in February and August
DadeFirst Monday in April, second Monday in October
WalkerFirst Monday in May and November
MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse
GEORGE B. CULPEPPER, III, Judge, Peach County Courthouse
WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse
WILLIS SPARKS, D.A., Bibb County Courthouse
BibbFirst Monday in February, April, June, August, October and
December
CrawfordThird and fourth Monday in March and October
PeachFirst and second Monday in March and August; third and fourth
Monday in November
5179
MIDDLE CIRCUIT.
HONS. WALTER C. MCMILLAN, JR., Chief Judge, Washington County
Courthouse
MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse
H. REGINALD THOMPSON, D.A., Emanuel County Courthouse
CandlerFirst and second Monday in February and August
EmanuelSecond Monday in January, April, July and October
JeffersonSecond Monday in May and November
ToombsFourth Monday in February, May, August and November
WashingtonFirst Monday in March, June, September and December
MOUNTAIN CIRCUIT.
HONS. JACK N. GUNTER, Judge, Habersham County Courthouse
V.D. STOCKTON, D.A., Rabun County Courthouse
HabershamFirst Monday in January; fourth Monday in April; first
Monday in August
RabunThird Monday in February; fourth Monday in May; fourth Mon-
day in October
StephensSecond Monday in January; third Monday in May; first Mon-
day in September
TownsFirst Monday in April and November
UnionFourth Monday in February; second Monday in September
NORTHEASTERN CIRCUIT.
HONS. A. RICHARD KENYON, Chief Judge, Hall County Courthouse
JAMES E. PALMOUR, III, Judge, Hall County Courthouse
JEFF C. WAYNE, D.A., Hall County Courthouse
DawsonFirst Monday in February and August
HallFirst Monday in May and November; second Monday in January,
March, July and September
LumpkinFourth Monday in February and August
WhiteFirst Monday in April and October
NORTHERN CIRCUIT.
HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse
GEORGE H. BRYANT, Judge, Madison County Courthouse
CLEVE MILLER, D.A., Elbert County Courthouse
ElbertThird Monday in January; fourth Monday in July
Franklin-Third Monday in March; first Monday in August; third Mon-
day in October
HartThird Monday in February and October; fourth Monday in May;
third Monday in April and October
MadisonThird Monday in February and August
OglethorpeThird Monday in May and November
5180
OCMULGEE CIRCUIT.
HONS. GEORGE L. JACKSON, Chief Judge, Jones County Courthouse
JOSEPH B. DUKE, Judge, Putnam County Courthouse
HUGH P. THOMPSON, Judge, Baldwin County Courthouse
JOSEPH H. BRILEY, D.A., Jones County Courthouse
BaldwinSecond Monday in January, April, July and October
GreeneFourth Monday in January, April, July and October
HancockFourth Monday in March and September; second Monday in
June and December
JasperSecond Monday in February, May, August and November
JonesFirst Monday in February and August, third Monday in April and
October
MorganFirst Monday in March, June, September and December
PutnamThird Monday in March, June, September and December
WilkinsonFirst Monday in January, April, July an October
OCONEE CIRCUIT.
HONS. ROGER HUGH LAWSON, JR., Chief Judge, Pulaski County
Courthouse
PHILLIP R. WEST, Judge, Dodge County Courthouse
JIM WIGGINS, D.A., Dodge County Courthouse
BleckleyFirst Monday in March; second Monday in July and November
DodgeThird Monday in February, May, August and November
MontgomeryFirst Monday in February, May, August and November
PulaskiSecond and third Monday in March and September; second
Monday in June and December
TelfairFourth Monday in February and June; third and fourth Monday
in October
WheelerSecond Monday in February and October; third Monday in
June
OGEECHEE CIRCUIT.
HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Screven County
Courthouse
FAYE SANDERS MARTIN, Judge, Bulloch -County Courthouse
J. LANE JOHNSTON, D.A., Bulloch County Courthouse
BullochFirst Monday in February, May, August, and November
EffinghamFirst Monday in June; and December
JenkinsFirst Monday in March and September
ScrevenSecond Monday in January; first Monday in April, July and
October
PATAULA CIRCUIT.
HONS. ADELBERT BOWEN, Judge, Randolph County Courthouse
CHARLES M. FERGUSON, D.A., Randolph County Courthouse
ClayThird Monday in March and November
EarlyThird Monday in January and July
MillerFourth Monday in February and October
QuitmanFourth Monday in March and September
RandolphFirst Monday in May and November
SeminoleSecond Monday in April and October
TerrellFirst Monday in June and December
5181
PIEDMONT CIRCUIT.
HONS. JAMES L. BROOKS, Judge, Jackson County Courthouse
NAT HANCOCK, D.A., Jackson County Courthouse
BanksFirst and second Monday in April and October
BarrowFirst and second Monday in February and August; first Monday
in May and November
JacksonFirst and second Monday in March; second and third Monday
in September
ROME CIRCUIT.
HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse
JOHN A. FRAZIER, JR., ROBERT G. WALTHER, Judges, Floyd
County Courthouse
LARRY SALMON, D.A., Floyd County Courthouse
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, Mitchell County
Courthouse
ANTHONY WALLACE CATO, Judge, Decatur County Courthouse
BEN L. BATEMAN, D.A., Mitchell County Courthouse
BakerThird Monday in January and July
Calhoun: Last Monday in May and November
DecaturFirst Monday in February, May, August and November
GradyThird Monday in March and September
MitchellSecond Monday in January and July; third Monday in April
and October
SOUTHERN CIRCUIT.
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County
Courthouse
W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse
ROY M. LILLY, Judge, Thomas County Courthouse
H. LAMAR COLE, D.A., Lowndes County Courthouse
BrooksFirst Monday in April and November
ColquittFirst Monday in February and August
EcholsFirst Monday in February and August
LowndesFirst Monday in March and the Tuesday immediately follow-
ing the first Monday in September
ThomasFirst Monday in April and October
5182
SOUTHWESTERN CIRCUIT.
HONS. WILLIAM F. BLANKS, Judge, Macon County Courthouse
JOHN R. PARKS, D.A., Sumter County Courthouse
LeeFourth Monday in April and October
MaconSecond Monday in May and November
SchleySecond Monday in February and August
StewartSecond Monday in January and July
SumterFourth Monday in February, May and August; first Monday in
December
WebsterFourth Monday in January and July
STONE MOUNTAIN CIRCUIT.
HONS. WILLIAM T. DEAN, Chief Judge, Rockdale County Courthouse
CLARENCE L. PEELER, JR., CURTIS V. TILLMAN, CLYDE HEN-
LEY, KEEGAN FEDERAL, RICHARD BELL, HILTON FULLER,
Judges, DeKalb County Courthouse
BOB WILSON, D.A., DeKalb County Courthouse
DeKalbFirst Monday in January, March, May, July, September and
November
RockdaleFirst Monday in February, May, August and November
TALLAPOOSA CIRCUIT.
HONS. DAN WINN, Chief Judge, Polk County Courthouse
ROBERT J. NOLAND, Judge, Douglas County Courthouse
ARTHUR W. FUDGER, Judge, Paulding County Courthouse
W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse
DouglasSecond Monday in February and December; third Monday in
May and September
HaralsonSecond Monday in April; fourth Monday in August and
November
PauldingSecond Monday in June and October
PolkFourth Monday in January; first Monday in May and November
TIFTON CIRCUIT.
HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse
JOHN D. CROSBY, Judge, Tift County Courthouse
THOMAS H. PITTMAN, D.A., Tift County Courthouse
IrwinThird and fourth Monday in February; second and third Monday
in May and November
TiftFirst Monday in March and September; first and second Monday in
June and December
TurnerSecond and third Monday in January and July; second Monday
in April and October
WorthFourth Monday in January, April, July and October
5183
TOOMBS CIRCUIT.
HONS. ROBERT L. STEVENS, Judge, McDuffie County Courthouse
KENNETH E. GOOLSBY, D.A., McDuffie County Courthouse
GlascockThird Monday in February, May, August and November
LincolnFourth Monday in January, April, July and October
McDuffieSecond Monday in March, June, September and December
TaliaferroFourth Monday in February, May, August and November
WarrenThird Monday in January; first Monday in April, July and
October
WilkesFirst Monday in February, May, August and November
WAYCROSS CIRCUIT.
HONS. BEN A. HODGES, Senior Judge, Ware County Courthouse
ELIE L. HOLTON, Judge, Coffee County Courthouse
C. DEEN STRICKLAND, D.A., Ware County Courthouse
BaconFourth Monday in May and November
BrantleyFirst Monday in February; first Tuesday in September
CharltonFourth Monday in February and September
CoffeeThird Monday in March and October
PierceFirst Monday in May; second Monday in December
WareSecond Monday in April and November
WESTERN CIRCUIT.
HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse
JOSEPH J. GAINES, Judge, Clarke County Courthouse
HARRY N. GORDON, D.A., Oconee County Courthouse
ClarkeSecond Monday in January, April, July and October
OconeeSecond Monday in March and September
5184
INDEX
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Bulloch County; allocation of local sales and use tax....................... 1931
Bulloch County; tax rates, etc.............................................. 1916
Camden County; jurisdiction of probate court................................ 1909
Chatham County; compensation of board of public education.................... 1920
Chatham County; homestead exemptions......................................... 1917
Constitutional amendments; procedure......................................... 1911
Decatur, City of; homestead exemptions....................................... 1914
Gilmer County Industrial Development Authority............................... 1923
Gwinnett County; homestead exemptions........................................ 1921
Muscogee County; valuation of homestead property............................. 1926
Palmetto, City of; homestead exemptions ..................................... 1928
Procedure to fill vacancies in certain constitutional offices................ 1913
Savannah, City of; compensation of board of public education ................ 1920
Savannah, City of; homestead exemptions...................................... 1917
Spalding County; jurisdiction of justices of the peace....................... 1933
Spalding County; sales and use tax........................................... 1934
CODE SECTIONS
See also Act No. 2 on page 3 for repeal of designated Code sections related to popula-
tion brackets.
3-305; amended................................................................ 852
3-1004.3; enacted ............................................................ 655
5-1601.1; enacted ............................................................ 935
Title 5A; amended............................................................ 1269
5A-507; amended ......................................................... 460, 540
5A-508; amended ............................................................. 1265
5A-508.1; enacted............................................................. 625
5A-9901.1; amended............................................................ 862
13-207.3; amended............................................................ 1008
20-302; amended............................................................... 876
Chapter 22-31; amended....................................................... 1425
22-9901; amended.............................................................. 874
Title 24; amended ........................................................... 1396
Chapter 24-8; amended......................................................... 496
24-1714(a); amended........................................................... 530
Chapter 24-27; amended................................................... 733, 921
24-2714.1; amended............................................................ 546
24-2727A; amended ............................................................ 541
24-2727B; amended ............................................................ 532
24-2801; amended............................................................. 1334
24-2905.1; amended............................................................ 682
24-2919; amended.............................................................. 711
24A-401; amended ............................................................. 862
Chapter 24A-5; amended ...................................................... 1390
26-1704; amended............................................................. 1550
Chapter 26-18; amended....................................................... 1576
26-1812; amended 1552
INDEX
5185
26-1902; amended........
26-2105; repealed.......
Chapter 26-22; amended
26-2801; amended........
26- 2904; amended......
Chapter 26-35; enacted . . .
27- 207; amended.......
27-705; amended.........
27-2502; amended........
30-209; amended.........
Title 32; amended ......
Chapter 32-9; amended . . .
32-903.1; amended.......
32-903.2; amended.......
32-904; amended.........
32-906; amended.........
32-3760; amended........
Title 34; amended.......
34-1406.1; amended......
34-1501(b); amended.....
Title 34A; amended......
34A-111; amended........
34A-501; amended........
34A-503; amended........
34A-519; amended........
34A-909; amended........
Title 34C; enacted......
38- 413; repealed......
Title 39; amended ......
39- 1105; amended......
Title 41A; amended......
41A-1610; amended.......
Chapter 41A-30; amended
Chapter 41A-34; amended
Title 45; amended ......
45-403; amended.........
Chapter 45-7; amended . .
45-812; amended.........
45- 902; amended.......
Title 46; amended ......
46- 309; enacted.......
47- 109; amended.......
Title 51; amended.......
52- 2447; amended......
53- 201 (a); amended...
53-506; amended.........
Title 56; amended ......
Chapter 56-13; amended .
Chapter 56-20; amended .
56-2447; enacted........
56-2701; amended........
............ 1266
............. 915
............. 868
............. 683
....... 946, 1325
.............. 1578
....... 880, 1393
............. 828
............. 1024
............. 615
.............. 735
............. 756
............. 1549
............. 602
......... 529, 755
............. 643
.............. 1377
.......1718, 1798
.............. 534
.............. 535
. . 1238, 1430, 1728
............. 536
......... 545, 551
............. 1716
............ 1801
............. 486
............. 1587
............. 875
.............. 1396
............ 1808
..1244, 1366, 1566
.............. 848
............. 753
............. 965
.... 144, 798, 823
............. 730
............. 1380
............. 1003
............. 688
............. 383
............. 804
............. 699
............. 626
............. 896
............. 531
............. 704
640, 936, 991, 1336
............. 380
............. 809
.............. 817
.............. 1814
5186
INDEX
56- 3005; amended......................................................... 1009
Title 57; amended .......................................................... 729
57- 101.2; amended......................................................... 784
58- 612.1; amended......................................................... 862
59- 112.1; enacted ........................................................ 652
59-120; amended............................................................. 685
59-601B; amended............................................................ 544
Title 60; amended ......................................................... 1396
Title 66; amended .................................................... 639, 1803
Title 67; amended ......................................................... 1396
67-2002; amended............................................................ 846
67- 2004; amended.......................................................... 916
68- 214; amended........................................................... 714
Chapter 68A-10; amended .................................................... 677
68A-1005.1; enacted........................................................ 1004
68A-1022; amended........................................................... 624
Title 68C; amended......................................................... 1396
Title 68E; amended......................................................... 1740
69- 318; amended.......................................................... 831
72-201; amended............................................................. 867
Chapter 72-4; amended...................................................... 1739
74-111; amended............................................................ 1034
76-102; amended............................................................. 622
Title 79A; amended..................................................... 577, 782
Chapter 79A-8; amended ..................................................... 180
Chapter 84-1; amended...................................................... 1898
84-321.1; enacted .......................................................... 822
84-512; amended............................................................. 690
Chapter 84-7; amended....................................................... 726
84-702; amended............................................................. 610
Chapter 84-14; amended..................................................... 1311
Chapter 84-21; amended...................................................... 763
Chapter 84-21A; amended .................................................... 777
84-4004; amended............................................................ 781
87-201; amended............................................................ 1581
87- 201.1; enacted ....................................................... 1439
Title 88; amended ..................................................... 149, 996
Chapter 88-4; amended....................................................... 785
Chapter 88-5; amended....................................................... 787
88- 502.12; amended........................................................ 985
88-1708; amended........................................................... 1456
88-1905; amended............................................................ 920
88-2010; amended............................................................ 611
88-2411; amended............................................................ 854
Chapter 88-31; amended..................................................... 1315
Chapter 88-34; amended..................................................... 1027
91-804A; amended ........................................................... 639
Title 91 A; amended............................................. 1554, 1857, 1903
91A-326.1; enacted.......................................................... 791
91A-1013; amended .......................................................... 694
91A-1022; amended...................................................... 388, 533
INDEX
5187
Chapter 91A-11; amended ................................................. 117
91A-1101; amended ....................................................... 1267
91A-1111; amended ........................................................ 528
91A-1328; amended........................................................ 1906
91A-1337; amended ........................................................ 713
91A-1405; amended........................................................ 1906
91A-1450; amended ........................................................ 538
91A-1503; amended......................................................... 599
91A-3213; amended ........................................................ 775
91A-5009(f); repealed.................................................... 1019
Title 93; amended ........................................................ 121
Chapter 93-3; amended..................................................... 409
Title 95A; amended.................................................... 953, 955
95A-601; amended ......................................................... 878
95A-901; amended ........................................................ 1826
95A-955; amended ......................................................... 705
95A-958; amended ......................................................... 133
95A-960; amended ......................................................... 998
103-101; amended.......................................................... 870
Title 109A; amended...................................................... 1396
109A-1-201; amended....................................................... 634
113- 1301; amended....................................................... 547
Title 114; amended ................................................... 842, 1585
Chapter 114-6a; amended.................................................. 1759
114- 701.1; amended...................................................... 114
114-712; amended.......................................................... 805
Chapter 114-9; amended.................................................... 836
COURTS
SUPREME COURT
Justices Retirement System amended....................................... 1235
Rules adopted pursuant to Code section 27-2538 approved 1532
COURT OF APPEALS
Judges Retirement System amended ....................................... 1235
SUPERIOR COURTS
See also General Index under name of county.
Alcony Circuit; compensation of judges and district attorney 1010
Appointment of secretaries by district attorneys 672
Assistant District Attorneys compensation................................. 711
Augusta Circuit; judges compensation................................. 554, 595
Blue Ridge Circuit; terms................................................. 552
Brunswick Circuit; judges and district attorneys compensation 430
Chattahoochee Circuit; compensation of assistant district attorney 436
Cherokee Circuit; terms................................................... 593
Clerks duties in certain counties (300,000-600,000) (300,000-500,000) 546
Clerks fees, etc........................................................ 1396
5188
INDEX
Clerks qualifications, training, etc........................................... 921
Clerks Retirement Act amended 693, 857
Clerks salaries .............................................................. 1254
Clerks, vacancies, chief deputies............................................... 733
Cobb Circuit; compensation of district attorney and staff...................... 1029
Cobb Circuit; judges compensation.............................................. 597
Conasauga Circuit; additional judge............................................. 500
Court costs in certain counties (600,000 or more) (550,000 or more)....... 532, 541
Court reporters in certain counties (250,000-500,000) (350,000-500,000)........ 601
District Attorney Emeritus Act amended......................................... 696
District attorneys retirement fund amended.................................... 1392
Douglas Circuit; additional judge............................................... 706
Eastern Circuit; judges salaries............................................... 548
Judges Retirement System amended ........................................ 407, 1232
Law clerks in certain judicial circuits........................................ 687
Macon Circuit; additional judge................................................ 1445
Mountain Circuit; additional judge .............................................. 494
Northeastern Circuit; salary, etc. of district attorney........................ 521
Ocmulgee Circuit; judges compensation.......................................... 168
Ocmulgee Circuit; terms......................................................... 553
Pataula Circuit; additional judge............................................... 508
Senior judges expenses........................................................ 1386
Southwestern Circuit; additional judge.......................................... 487
Toombs Circuit; additional judge................................................ 504
Travel allowance for court reporters............................................ 619
Travel expenses of district attorneys and assistant district attorneys......... 682
Waycross Circuit; additional judge.............................................. 490
Western Circuit; judges compensation........................................... 178
CIVIL COURTS
See also General Index under name of county.
Bibb County; pleadings, costs, etc............................................. 4386
Richmond County; jurisdiction, rules of procedure.............................. 3575
JUVENILE COURTS
See also General Index under name of county.
Cobb; judges compensation..................................................... 4166
Judges qualifications, etc.................................................... 1390
PROBATE COURTS
See also General Index under name of county.
Judges; minimum salaries, etc................................................... 518
Issuance of marriage licenses in certain counties (600,000 or more) (550,000 or
more) ..................................................................... 530
Offices in certain counties (600,000 or more) (550,000 or more)................ 530
INDEX
5189
STATE COURTS
See also General Index under name of county.
Advancement of court costs in certain counties (190,000-210,000)............. 3444
Baldwin County; judge and solicitor, salaries ............................... 3247
Bulloch County; terms ........................................................ 3077
Carroll County; judges compensation.......................................... 3816
Carroll County; salary of solicitor, etc..................................... 3474
Cherokee and Forsyth Counties; salaries, etc................................. 3853
Clayton County; compensation of judge........................................ 3894
Cobb County; clerks compensation............................................. 4204
Cobb County; compensation of judges ......................................... 4196
Cobb County; compensation of solicitor and assistants........................ 4759
Cobb County; criminal jurisdiction of justices of the peace.................. 4360
Cobb County; deputy clerks, fees............................................. 4212
Cobb County; magistrates ..................................................... 4198
DeKalb County; assistant solicitors........................................... 4108
DeKalb County; court costs.................................................... 4810
DeKalb County; judges secretaries............................................ 3918
Dougherty County; court costs................................................. 4101
Fulton County; chief clerk.................................................... 3267
Fulton County; compensation of chief judge................................... 3537
Fulton County; court costs.................................................... 3264
Fulton County; jurisdiction of magistrates, etc.............................. 3546
Fulton County; secretaries and bailiffs for magistrates...................... 3262
Glynn County; terms, compensation of certain personnel ...................... 3359
Grady County; election of judge, etc......................................... 3859
Grady County; juries.......................................................... 3857
Gwinnett County; jury trials, salaries, etc.................................. 3033
Habersham County; compensation of judge and solicitor........................ 3087
Habersham County, solicitors secretary....................................... 3084
Houston County; terms of Court................................................ 3551
Richmond County; Act amended.................................................. 3544
Spalding County; compensation of judge and solicitor......................... 4131
Solicitors compensation in certain counties (300,000-600,000) (300,000-
500,000)................................................................. 3308
Stephens County; compensation of judge and solicitor......................... 3635
Stephens County; terms........................................................ 3632
Ware County; salaries of judge and solicitor................................. 3016
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
See also General Index under name of county.
Bacon; small claims court..................................................... 4743
Baldwin; compensation of clerk of superior court 3099
Baldwin; compensation of judge of probate court ............................. 3095
Baldwin; compensation of sheriff............................................ 3249
Baldwin; compensation of tax commission....................................... 3097
Baldwin; hazardous wastes, referendum......................................... 4072
Barrow; expense accounts of board of commissioners 3710
5190
INDEX
Bartow; compensation of coroner.............................................. 3952
Bartow; compensation of county commissioner.................................. 3943
Bartow; compensation of named county officials .............................. 3937
Bartow; compensation of tax commissioner..................................... 3941
Ben Hill; development authority Act amended.................................. 3957
Berrien; small claims court created.......................................... 4046
Bibb; civil services system.................................................. 4750
Bibb; Macon-Bibb County Urban Development Authority bonds ................... 4872
Bibb; Macon-Bibb County Water and Sewerage Authority Act amended ............ 3464
Bleckley; compensation of clerk of superior court............................ 4253
Bleckley; compensation of county commissioner................................ 4257
Bleckley; compensation of judge of probate court............................. 4255
Bleckley; compensation of sheriff............................................ 4260
Bleckley; compensation of tax commissioner................................... 4262
Bleckley; small claims court................................................. 4027
Brantley; compensation of board of education................................. 4870
Brooks; small claims court created........................................... 4454
Bryan; small claims court.................................................... 4206
Bulloch; allocation of local sales and use tax, proposed amendment to the
Constitution ........................................................... 1931
Bulloch; clerical assistants of board of commissioners....................... 3164
Bulloch; clerical assistant of judge of probate court........................ 3166
Bulloch; employees of clerk of superior court................................ 3159
Bulloch; sheriffs employees................................................. 3162
Bulloch; tax commissioners assistants ...................................... 3169
Bulloch; tax rates, etc., proposed amendment to the Constitution............. 1916
Butts; compensation of clerk of superior court............................... 3058
Butts; salary of judge of probate court...................................... 3063
Butts; small claims court.................................................... 4184
Butts; sheriffs compensation................................................ 3055
Butts; tax commissioners salary............................................. 3060
Camden; industrial development authority .................................... 3428
Camden; powers, etc. of probate court, solicitor, etc........................ 3345
Camden; probate court jurisdiction, proposed amendment to the Constitution . 1909
Camden; purchasing agent, etc................................................ 3343
Camden; salaries of named county officers.................................... 3041
Camden; small claims court created .......................................... 4831
Camden; tax commissioners salary............................................ 3043
Candler; small claims court.................................................. 4113
Carroll; compensation of clerk of superior court............................. 3470
Carroll; compensation of coroner............................................. 4232
Carroll; compensation of county commissioner................................. 3472
Carroll; McIntosh Reserve Authority.......................................... 4697
Catoosa; compensation of tax commissioner ................................... 3697
Catoosa; county commissioner................................................. 4922
Catoosa; fiscal administration of sheriffs office, etc...................... 4918
Chatham; chief tax assessor.................................................. 3442
Chatham; compensation of board of public education, proposed amendment
to the Constitution..................................................... 1920
Chatham; homestead exemptions, proposed amendment to the Constitution........ 1917
Chattahoochee; compensation of clerk of board of commissioners............... 3630
INDEX 5191
Chattooga; compensation of tax commissioner................................ 4061
Clarke; Athens-Clarke County Charter Commission ........................... 3065
Clarke; compensation of board of commissioners............................. 4594
Clarke; compensation of named county officials............................. 3969
Clarks; compensation of tax commissioner................................... 3977
Clarke; industrial development authority, powers .......................... 3972
Clarke; salary of judge of magistrates court.............................. 3197
Clayton; compensation of board of county commissioners................... 3904
Clayton; compensation of judge of probate court.......................... 3897
Clayton; compensation of sheriff and clerk of superior court............. 3902
Clayton; compensation of tax commissioner ............................... 3899
Clinch; sheriffs compensation, deputy sheriffs............................ 3013
Cobb; Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended........ 4350
Cobb; compensation of board of education................................... 4176
Cobb; compensation of clerk of superior court and deputy clerk............. 4807
Cobb; compensation of county commissioners................................. 3369
Cobb; compensation of judge of probate court............................... 4186
Cobb; compensation of sheriff.............................................. 4178
Cobb; compensation of tax commissioner and chief clerk .................... 4756
Cobb; probate court clerks compensation, etc.............................. 4219
Coffee; court costs for county law library................................. 3925
Coffee; school suuperintendent, referendum................................. 3626
Colquitt; small claims court created ...................................... 4846
Columbia; land conveyance.................................................. 1508
Columbia; land conveyance.................................................. 1525
Columbia; provisions for jail and courthouse............................... 3581
Cook; compensation of county commissioners................................. 4251
Cook; small claims court created........................................... 4794
Coweta; small claims court created......................................... 4722
Crawford; compensation of board of commissioners .......................... 4124
Crisp; compensation of named officials..................................... 4117
Dade; budgeting, etc. for sheriffs office................................. 3371
Dade; compensation of deputy clerk of superior court....................... 4077
Dade; compensation of probate court deputies and clerks.................... 4079
Dawson; commissioners compensation........................................ 3047
Dawson; compensation, clerk of superior court, judge of probate court...... 3053
Dawson; sheriffs compensation............................................. 3050
Dawson; tax commissioners compensation.................................... 3045
Decatur; Decatur County-Bainbridge industrial development authority powers . . 3482
DeKalb; board of education................................................. 4364
DeKalb; compensation study commission...................................... 4911
DeKalb; form of government, referendum..................................... 4304
Dooly; board of county commissioners....................................... 3703
Dooly; board of education, referendum...................................... 4463
Dooly; compensation of tax commission...................................... 3700
Dougherty; Albany-Dougherty Inner City Authority Act amended .............. 4688
Dougherty; Albany-Dougherty Payroll Development Authority amended.......... 3133
Dougherty; compensation of named officials................................. 4098
Douglas; coroners compensation............................................ 3104
Effingham; compensation of tax commissioner, etc........................... 4223
Elbert; compensation of board of commissioners............................. 4120
5192
INDEX
Evans; small claims court Act amended........................................ 3298
Fannin; compensation of judge of probate court, etc.......................... 4829
Fannin; coroner placed on salary basis....................................... 4106
Fayette; compensation of coroner............................................. 4284
Fayette; small claims court ................................................. 3092
Floyd; board of county commissioners ........................................ 3023
Floyd; compensation of member of school board 4193
Floyd; merit system amended.................................................. 3638
Floyd; salaries, clerk of superior court, judge of probate court............. 3030
Floyd; tax commissioners compensation....................................... 3027
Forsyth; compensation of county commissioners ............................... 3155
Fulton; civil service board ................................................. 3221
Fulton; withdrawal from pension system, etc. by elected officials ........... 4302
Gilmer; compensation of clerk of superior court and deputy clerk ............ 4344
Gilmer; compensation of commissioner, advisory board, etc.................... 4370
Gilmer; deputy sheriffs...................................................... 4342
Gilmer; industrial development authority, proposed amendment to the
Constitution ........................................................... 1923
Gilmer; small claims court created........................................... 3202
Glascock; compensation of clerk of superior court............................ 3993
Glascock; compensation of judge of superior court ........................... 3995
Glynn; Brunswick and Glynn County Development Authority...................... 4335
Glynn; charter commission Act amended........................................ 3850
Glynn; clerk of superior court and judge of probate court, salaries, etc..... 4339
Glynn; compensation of deputy magistrate .................................... 4122
Glynn; compensation of sheriff, deputies, etc................................ 3351
Glynn; compensation of tax commissioner, etc................................. 3354
Glynn; school superintendent................................................. 4331
Glynn; vacancies on board of county commissioners............................ 3356
Gordon; office of county commissioner, referendum............................ 3269
Gordon; school superintendent, referendum.................................... 3586
Greene; compensation of named county officials............................... 3877
Greene; compensation of tax commissioner, etc................................ 3881
Greene; motor vehicle for use by sheriff..................................... 4230
Gwinnett; airport authority Act amended ..................................... 3821
Gwinnett; compensation, clerk of superior court, judge of probate court 3142
Gwinnett; compensation of county commissioners 3135
Gwinnett; compensation of tax commissioner 3138
Gwinnett; homestead exemptions, proposed amendment to the Constitution 1921
Gwinnett; industrial building authority Act amended 3831
Gwinnett; ownership, etc. of pinball machines 3115
Gwinnett; public facilities authority Act amended 3825
Gwinnett; recorders court................................................... 3038
Gwinnett; recreation authority Act amended 3828
Gwinnett; sheriffs compensation ............................................ 3140
Gwinnett; water and sewerage authority Act amended 3818
Habersham; coroners compensation ........................................... 3082
Habersham; water and sewerage authority...................................... 3327
Hancock; small claims court Act amended 3325
Haralson; compensation of county commissioner 3933
Haralson; compensation of judge of probate court 3935
INDEX
5193
Haralson; treasurers compensation........................................... 3930
Haralson; water authority members, etc....................................... 4247
Hart; board of finance....................................................... 3966
Hart; compensation of clerk of superior court................................ 3964
Hart; compensation of coroner................................................ 3962
Hart; small claims court..................................................... 4168
Heard; clerk of superior court, compensation................................. 3179
Heard; compensation, judge of probate court.................................. 3174
Heard; county commissioner, compensation..................................... 3184
Heard; sheriff, compensation................................................. 3181
Heard; tax commissioners compensation....................................... 3177
Henry; compensation of named county officials................................ 4006
Henry; compensation of treasurer ............................................ 4004
Henry; small claims court Act amended........................................ 4001
Henry; water and sewerage authority Act amended.............................. 4011
Houston; compensation of county commissioners................................ 3112
Irwin; compensation of chairman of board of commissioners ................... 3865
Jackson; compensation of named county officials.............................. 4021
Jefferson; personnel in office of clerk of superior court ................... 3694
Jefferson; personnel in sheriffs office..................................... 3691
Jefferson; personnel in tax commissioners office............................ 3689
Johnson; compensation of board of commissioners ............................. 3984
Johnson; small claims court created ......................................... 4031
Jones; compensation of county commissioners ................................. 3225
Jones; small claims court.................................................... 4067
Lamar; compensation of judge of probate court................................ 3955
Lamar; small claims court.................................................... 4264
Lanier; small claims court created........................................... 3452
Laurens; compensation of tax commissioner.................................... 3982
Laurens; small claims court.................................................. 3733
Lee; small claims court created.............................................. 3491
Liberty; industrial development authority, project defined .................. 3381
Liberty; small claims court Act amended...................................... 3383
Long; clerk of superior court................................................ 4277
Long; probate court judge ................................................... 4269
Long; sheriff ............................................................... 4272
Long; small claims court Act amended......................................... 3945
Long; tax commissioner ...................................................... 4274
Macon; construction of covenant agreements .................................. 1491
Macon; small claims court created............................................ 3120
Marion; compensation of deputy sheriff....................................... 4234
McDuffie; compensation of tax commissioner................................... 4094
McIntosh; small claims court................................................. 4346
Meriwether; clerk of superior court, coroner, etc............................ 3189
Meriwether; compensation of deputy sheriffs ................................. 4287
Meriwether; county commissioners compensation............................... 3172
Meriwether; small claims court............................................... 3006
Miller; board of education, referendum....................................... 4713
Miller; small claims court................................................... 3231
Mitchell; coroners compensation............................................. 3731
Mitchell; fees received by judge of probate court............................ 3728
5194
INDEX
Monroe; small claims court................................................... 4189
Montgomery; small claims court created ...................................... 3645
Morgan, compensation of board of commissioners............................... 3883
Morgan; compensation of clerk of superior court.............................. 3875
Murray; compensation of named officials...................................... 3018
Murray; deal of correction to land........................................... 1512
Murray; salary of county commissioner ....................................... 3021
Murray; water and sewerage authority......................................... 3779
Muscogee; school district, members, etc...................................... 4885
Muscogee; valuation of homestead property, proposed amendment to the
Constitution ............................................................ 1926
Newton; compensation of board of commissioners............................... 4719
Newton; compensation of named officials...................................... 3304
Newton; industrial development authority Act amended......................... 3302
Oglethorpe; small claims court............................................... 3418
Paulding; appointment, removal, etc, of named officials 4279
Paulding; civil service system............................................... 4282
Paulding; compensation of clerk of superior court and judge of probate court 4221
Peach; charter commission..................................................... 4126
Pulaski; deputy sheriffs, etc................................................. 4181
Putnam; small claims court.................................................... 3287
Quitman; small claims court created.......................................... 3212
Richmond; ad valorem taxation ............................................... 3673
Richmond; Augusta, Richmond County criminal advisory commission 4901
Richmond; duties of superintendent of schools................................. 3656
Richmond; members of board of education, referendum 3677
Richmond; school taxes........................................................ 3675
Rockdale; county commission vacancies......................................... 3152
Screven; salary of clerk of superior court, assistants....................... 3080
Seminole; judge of probate court placed on salary basis 3254
Seminole; tax commissioners compensation ................................... 3251
Spalding; compensation of board of commissioners 4140
Spalding; compensation of coroner........................................... 4129
Spalding; compensation of named officials 4137
Spalding; compensation of tax commissioner 4135
Spalding: Griffin-Spalding County Development Authority Act amended 4875
Spalding; jurisdiction of justices of the peace, proposed amendment to the
Constitution ............................................................ 1933
Spalding; sales and use tax, proposed amendment to the Constitution 1934
Stephens; small claims court.................................................. 3186
Stewart; compensation of deputy sheriff 3591
Sumter; compensation of sheriff............................................... 3477
Sumter; compensation of tax commissioner 3480
Sumter; small claims court.................................................... 3798
Talbot; compensation of county commissioners 3011
Talbot; small claims court created........................................... 4860
Tattnall; compensation of board of county commissioners 4075
Tatnall; compensation of tax commissioner, etc................................ 3948
Tatnall; small claims court................................................... 4587
Taylor; compensation of tax commissioner, etc. 4163
Terrell; small claims court Act amended...................................... 3862
INDEX
5195
Tift; compensation of chairman of board of commissioners..................... 4088
Tift; compensation of clerk of superior court................................ 4086
Tift; compensation judge of probate court.................................... 4082
Tift; compensation of sheriff................................................ 4090
Tift; compensation of tax commissioner....................................... 4084
Tift; small claims court created ............................................ 4597
Tift; vacancies on board of commissioners.................................... 4014
Troup; compensation of county commissioners.................................. 4059
Turner; named Acts repealed ................................................. 3743
Turner; small claims court created........................................... 4393
Union; compensation of judge or probate court................................ 3868
Union; expenses of sheriffs office.......................................... 4104
Upson; small claims court ................................................... 3802
Upsom; tax commissioners compensation........................................ 3814
Walker; coroners compensation................................................ 3719
Walker; personnel in office of clerk of superior court........................ 3724
Walker; personnel in tax commissioners office................................ 3721
Walton; health insurance plan................................................ 4226
Walton; small claims court created........................................... 3834
Washington; compensation of clerk of superior court........................... 3991
Washington; compensation of judge of probate court............................ 3999
Washington; compensation of sheriff, etc..................................... 3987
Washington; compensation of tax commissioner................................. 3997
Wayne; compensation of clerk of superior court, etc.......................... 3348
Wheeler; clerk of superior court placed on salary basis...................... 3915
Wheeler; compensation of county commissioners................................. 3661
Wheeler; compensation of sheriff.............................................. 3666
Wheeler; judge of probate court placed on salary basis....................... 3663
Wheeler; office of treasurer abolished....................................... 4191
Wheeler; small claims court created ......................................... 3558
Whitfield; compensation of board of commissioners ........................... 4092
Whitfield; small claims court................................................. 3577
Wilkes; compensation of coroner ............................................. 4111
Wilkes; tax commissioner placed on salary basis.............................. 3374
Wilkinson; expense allowance for county commissioners ....................... 3379
Worth; named Acts repealed.................................................... 3739
Worth; small claims court created............................................ 3886
COUNTIES AND COUNTY MATTERS BY POPULATION
Designated population Acts repealed.............................................. 3
4,600-5,300; small claims court Act repealed................................. 3450
6,825-6,925; small claims courts abolished................................... 3223
6,900-6,950; disposition of fines in probate courts.......................... 4301
7,040-7,055; small claims court Act repealed................................. 3489
8,750-8,950; small claims court Act repealed................................. 3574
10,450-10,650; homestead exemptions on leased property....................... 1267
11,000-11,300; small claims court Act repealed............................... 3245
11,340-11,390; boards of elections............................................ 3090
11,775-12,100; small claims court Act repealed............................... 4016
13,160-13,200; small claims courts Act repealed.............................. 3103
5196
INDEX
13,635-14,765; small claims court Act repealed................................... 3795
15.300- 15,800; compensation of named officers................................. 3227
16.500- 16,700; small claims court Act repealed................................ 3580
18,150-18,250; election boards................................................... 3144
22,830-23,500; small claims court Act repealed................................... 3846
23.300- 23,699; small claims court Act repealed............................... 4018
23.500- 24,100; small claims court Act repealed............................... 3643
26.000- 26,500; development authorities......................................... 542
27.500- 28,500; tax commissioner and tax collectors............................. 713
38.300- 29,600; coroners compensation......................................... 3696
32.300- 32,700; Act creating small claims courts repealed...................... 3158
33.300- 34,056; Act creating small claims courts repealed...................... 4243
34.000- 34,500; compensation of board of education.............................. 529
34.000- 34,500; homestead exemptions............................................ 528
35,000 or more; sale of alcoholic beverages on election days..................... 460
45,550-50,550; boards of elections created ...................................... 3668
145.000- 165,000; compensation of certain officials ........................... 3243
145.000- 165,000; compensation of elected officials ........................... 4064
171.000- 181,000; compensation of elected officials ........................... 4064
180.000- 190,000; compensation of county officials............................. 4201
180.000- 205,000; compensation of county officials............................. 4201
200.000- 500,000; annexation by municipalities................................. 4237
250.000- 400,000; bond elections............................................... 1439
250.000- 500,000; board of education audits.................................... 4241
250,000-500,000; selection of traverse juries.................................... 4242
250.000- 500,000; sheriffs..................................................... 4238
300.000- 500,000; duties of clerks of superior courts........................... 546
300.000- 600,000; duties of clerks of superior courts........................... 546
350.000- 500,000; ad valorem taxation in certain cities (17,000-20,000) ........ 599
350,000-500,000; annexation by municipalities.................................... 4237
350,000-500,000; board of education audits....................................... 4241
350,000-500,000; boards of registration and elections............................ 3309
350,000-500,000; payment of taxes................................................. 388
350,000-500,000; school board members ............................................ 602
350,000-500,000; selection of traverse juries.................................... 4242
350,000-500,000; sheriffs........................................................ 4238
350.000- 500,000; sold signs on real estate.................................. 4239
350.000- 600,000; boards of registration and elections......................... 3309
350.000- 600,000; payment of taxes.............................................. 388
400.000- 500,000; county administrators......................................... 547
400,000-500,000; investigative grand juries....................................... 544
400,000-500,000; sale of alcoholic beverages..................................... 3307
400,000-500,000; school board members ............................................ 602
400,000-500,000; sold signs on real estate..................................... 4239
400,000-500,000; use of county voter registration lists by municipalities ........ 545
400.000- 500,000; zoning of annexed land by municipalities..................... 3310
400.000- 525,000; compensation of boards of education........................... 755
400.000- 525,000; elections.................................................... 1581
400.000- 600,000; ad valorem taxation in certain cities (17,000-20,000) 599
400,000-600,000; compensation of boards of education.............................. 755
400,000-600,000; county administrators............................................ 547
INDEX 5197
400,000-600,000; investigative grand juries...................................... 544
400,000-600,000; sale of alcoholic beverages................................... 3307
400,000-600,000; use of county voter registration lists by municipalities ..... 545
400,000-600,000; voter registration list; use by certain municipalities (less than
20,000)..................................................................... 551
400,000-600,000; zoning of annexed land by municipalities...................... 3310
500.000 or more; sheriffs compensation...................................... 3171
550.000 or more; absentee voting............................................. 534
550,000 or more; accusations in criminal courts............................... 3278
550,000 or more; budget commissions........................................... 3284
550,000 or more; citations by zoning and building inspectors.................. 3282
550,000 or more; civil service boards......................................... 3280
550,000 or more; compensation of boards of education.......................... 4362
550,000 or more; costs of cleaning, etc. public ways ......................... 3259
550,000 or more; enforcement of regulatory codes.............................. 3261
550,000 or more; joint city-county tax boards................................ 3283
550,000 or more; law libraries............................................... 959
550,000 or more; marriage licenses............................................ 531
550,000 or more; municipal elections.......................................... 536
550,000 or more; oaths administered by probate court judges................... 3286
550,000 or more; payment of taxes............................................. 538
550,000 or more; pension rights .............................................. 3258
550,000 or more; pension system for policeman and firemen amended............. 3257
550,000 or more; probate court offices........................................ 530
550,000 or more; recording of plats........................................... 3279
550,000 or more; sale hours for alcoholic beverages........................... 3281
550,000 or more; sale hours of alcoholic beverages on Sundays ................ 3285
550,000 or more; sale of alcoholic beverages on Sundays....................... 540
550,000 or more; sale of county property...................................... 539
550,000 or more; sheriffs compensation....................................... 3171
550,000 or more; superintendent of elections.................................. 535
550,000 or more; superior court costs ................................... 532, 541
550,000 or more; tax due dates................................................ 533
550,000 or more; transport of waste across boundaries......................... 537
550,000 or more; volunteer legal services..................................... 4451
550.000 or more; Welfare Reorganization Act of 1937 amended................... 960
More than 550,000; pension rights of employees of cities and counties.......... 4299
600.000 or more; absentee voting.............................................. 534
600,000 or more; accusations in criminal courts............................... 3278
600,000 or more; budget commissions........................................... 3284
600,000 or more; citations by zoning and building inspectors.................. 3282
600,000 or more; civil service boards......................................... 3280
600,000 or more; compensation of boards of education.......................... 4362
600,000 or more; joint city-county tax boards................................. 3283
600,000 or more; marriage licenses............................................ 531
600,000 or more; municipal elections.......................................... 536
600,000 or more; oaths administered by probate court judges................... 3286
600,000 or more; payment of taxes............................................. 538
600,000 or more; pension rights .............................................. 3258
600,000 or more; pension system for policemen and firemen amended............. 3257
600,000 or more; probate court offices........................................ 530
5198 INDEX
600,000 or more; recording of plats............................................ 3279
600,000 or more; sale hours for alcoholic beverages.......................... 3281
600,000 or more; sale hours of alcoholic beverages on Sundays ............... 3285
600,000 or more; sale of alcoholic beverages on Sunday........................ 540
600,000 or more; sale of county property...................................... 539
600,000 or more; superintendent of elections................................... 535
600,000 or more; superior court costs .................................... 532, 541
600,000 or more; tax due dates................................................. 533
600,000 or more; transport of waste across boundaries.......................... 537
600,000 or more; volunteer legal services...................................... 4451
COUNTY MATTERSHOME RULE ACTIONS
Appling; county administrator........................................... 4930
Appling; financial management........................................... 4967
Appling; personnel management........................................... 4933
Clayton; pensions....................................................... 4981
DeKalb; pension board................................................... 4987
Floyd; merit system Act amended......................................... 5003
Rockdale; board of commissioners.................................... 5006, 5039
MUNICIPAL CORPORATIONS
NAMED CITIES
Adairsville; corporate limits................................................ 3907
Albany; ad valorem taxation.................................................. 3920
Albany; Albany-Dougherty Inner City Authority Act amended ................... 4688
Albany; Albany-Dougherty Payroll Development Authority amended............... 3133
Albany; Chehaw Park Authority, meetings ..................................... 3131
Albany; corporate limits..................................................... 4734
Alpharetta; new charter ..................................................... 4609
Ashburn; new charter......................................................... 4404
Athens; Athens-Clarke County Charter Commission.............................. 3065
Athens; industrial development authority, powers............................. 3972
Atlanta; land conveyance................................................ 1477, 1496
Atlanta; senior judge of municipal court .................................... 3363
Augusta; Augusta-Richmond County Criminal Advisory Commission 4901
Augusta; civil service commission............................................ 4591
Augusta; elections........................................................... 3713
Augusta; intent of General Assembly as to Constitutional amendment .......... 1538
Augusta; pension systems amended............................................. 4373
Bainbridge; Decatur County-Bainbridge industrial development authority
powers ................................................................. 3482
Bainbridge; Downtown Bainbridge Development Authority........................ 3538
Bainbridge; elections, etc................................................... 3486
Blakely; charter amended..................................................... 3716
Bremen; charter amended ..................................................... 3927
Broxton; new charter......................................................... 3597
Brunswick; Brunswick and Glynn County Development Authority 4335
Brunswick; charter commission Act amended.................................... 3850
Brunswick; land conveyance .................................................. 1529
INDEX
5199
Camilla; elections............................................................. 3726
Carrollton; redevelopment authority............................................ 4535
Carrollton; tax rate for schools............................................... 4172
Centerville; punishment in municipal court..................................... 4019
Chatsworth; water and sewerage authority....................................... 3779
Clarkesville; new charter...................................................... 4502
College Park; elections ....................................................... 3950
Columbus; charter amended ..................................................... 3192
Columbus; personnel review board............................................... 3870
Cordele; liens................................................................. 4228
Cumming; police court punishment............................................... 3003
Dacula; procedure to override mayors veto..................................... 3467
Dalton; downtown development authority......................................... 4670
Decatur; homestead exemptions, proposed amendment to the Constitution......... 1914
Douglas; ad valorem taxation .................................................. 3594
Dublin; charter amended........................................................ 3979
East Dublin; new charter....................................................... 4645
Fitzgerald; development authority Act amended ................................. 3957
Forest Park; corporate limits.................................................. 3117
Garden City; administrator..................................................... 3776
Griffin; chairman of board of commissioners.................................... 3658
Griffin; Griffin-Spalding County Development Authority Act amended............ 4875
Hartwell; elections, etc....................................................... 3960
Homerville; exchange of land .................................................. 1515
Ideal; terms of major and councilmen........................................... 4210
LaGrange; corporate limits..................................................... 3106
Leesburg; charter amended...................................................... 3583
Lincoln ton; charter amended................................................... 4024
Locust Grove; elections........................................................ 4174
Louisville; police court fines ................................................ 3796
Macon; Macon-Bibb County Urban Development Authority bonds..................... 4872
Macon; Macon-Bibb County Water and Sewerage Authority Act amended............. 3464
Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended . . 4350
Marietta; downtown development authority Act amended........................... 3736
McDonough; new charter......................................................... 3387
Milledgeville; public facilities authority..................................... 3311
Monroe; contracts.............................................................. 3848
Montrose; charter amended...................................................... 4157
Palmetto; homestead exemptions, proposed amendment to the Constitution 1928
Patterson; new charter......................................................... 4545
Peachtree City; industrial building authority powers 4267
Pelham; conveyance of flagpole................................................. 1528
Pine Mountain; town clerk...................................................... 3199
Port Wentworth; corporate limits............................................... 3911
Resaca; new charter............................................................ 3746
Reynolds; elections............................................................ 4161
Russell; new charter........................................................... 3501
Rutledge; police court fines................................................... 3873
St. Marys; new charter......................................................... 4763
Savannah; compensation of board of public education, proposed amendment
to the Constitution....................................................... 1920
5200
INDEX
Savannah; corporate limits................................................. 3366
Savannah; court costs in municipal court................................... 3446
Savannah; Downtown Savannah Authority ..................................... 4041
Savannah; homestead exemptions, proposed amendment to the Constitution..... 1917
Savannah; transit authority members........................................ 3101
Smyrna; corporate limits .................................................. 4843
Statesboro; Downtown Statesboro Development Authority...................... 4821
Stone Mountain; jurisdiction of police court............................... 4069
Sugar Hill; council members, terms, etc.................................... 3708
Swainsboro; public facilities authority.................................... 4143
Tazewell; charter repealed................................................. 4245
Thompson; recorders court fines........................................... 3922
Tunnel Hill; terms of commissioners, etc................................... 3549
Tybee Island; corporate limits, referendum................................. 4914
Union Point; compensation of mayor and council............................. 3535
Wadley; recorder........................................................... 3110
Walnut Grove; new charter.................................................. 4470
Warm Springs; land conveyance.............................................. 1543
Washington; ad valorem taxation............................................ 3377
Way cross; downtown Waycross development authority......................... 4576
Winder; land conveyance.................................................... 1489
Woodstock; charter amended................................................. 4815
Wrens; police court fines ................................................. 3913
MUNICIPALITIESBY POPULATION
17.000- 20,000; advalorum taxation in certain counties (350,000-500,000)
(400,000-600,000)...................................................... 599
Less than 20,000; use of voter registration lists in certain counties (400,000
-600,000) ............................................................. 551
300,000 or more; lease of recreational property........................... 3196
300.000 or more; pensions for members of police departments............... 4381
More than 300,000; pension system for employees amended............... 3569, 4376
More than 300,000; pension systems for members of paid fire departments.... 3553
400.000 or more; business improvement district Act........................ 4531
400,000 or more; land acquisition policy.................................. 1417
400,000 or more; campus police ............................................ 806
More than 400,000; joint city-county boards of tax assessors............... 594
MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES
400.000- 525,000; registration of electors ............................... 1238
MUNICIPALITIESHOME RULE AMENDMENTS
Albany, City of; city manager.............................................. 5048
Albany, City of; contracts with stadium authority.......................... 5046
Arlington, City of; recorder............................................... 5051
Atlanta, City of; billiard rooms........................................... 5062
Atlanta, City of; departments.............................................. 5068
Atlanta, City of; fire chief and chief of police........................... 5054
INDEX
5201
Boston, City of; chief of police.......
Covington, City of; corporate limits
Covington, City of; utility rates......
East Point, City of; retirement system .
Fitzgerald, City of; health hazards....
Jesup, City of; charter amended........
Macon, City of; council actions........
.................................. 5074
.................................. 5077
.................................. 5080
.................................. 5083
.................................. 5090
.................................. 5095
.................................. 5101
Macon, City of; fire and police departments, employees retirement. 5109, 5114, 5117
Macon, City of; retirement system......................................5105, 5120
Marietta, City of; board of lights and water................................. 5124
Marietta, City of; councilmen............................................... 5129
Marietta, City of; mayor and council ........................................ 5133
Newnan, City of; retirement system .......................................... 5136
Riverdale, City of; recorders court......................................... 5142
St. Marys, City of; city manager ............................................ 5145
Savannah, City of; pension plan........................................5148, 5152
Toomsboro, Town of; tax on insurance companies........................... 5155
Warner Robins, City of; bids................................................. 5158
RESOLUTIONS AUTHORIZING COMPENSATION
Anderson, Alonza................................................................ 4910
Anderson, Charles E............................................................. 4892
Arnold, A.V..................................................................... 4891
Davis, III, Roy ................................................................ 4904
Derden, Mrs. Watson V........................................................... 4903
Douglas, Jr., J.D............................................................... 4893
Ezell, James W.................................................................. 4908
Fitzgerald, Guy A............................................................... 4896
Hayden, Jack.................................................................... 4894
Klein, Dr. John J............................................................... 4895
Johnson, Rodney B............................................................... 4909
McLain, Donald B................................................................ 4906
Mullins, Michael R.............................................................. 4907
Truelove, James W............................................................... 4905
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND
EASEMENTS
Amendment of right-of-way easement to Colonial Pipeline Company 1521
City of Atlanta........................................................ 1477, 1496
Brunswick, City of 1529
Camden County................................................................ 1474
Columbia County........................................................ 1508, 1525
Deed of correction to land in Murray County 1512
Department of Transportation................................................. 1545
Exchange of land with City of Homerville..................................... 1515
Farrow, Danny R.............................................................. 4897
Harbert Corporation and Elk River Resources, Inc., Easement 2B
Metropolitan Atlanta Rapid Transit Authority................................. 1504
Pfund, Joseph................................................................ 1510
5202
INDEX
United States ....................................................... 1461, 1492
United Technolgies Corporation............................................. 421
Warm Springs.............................................................. 1543
Winder, City of........................................................... 1489
MISCELLANEOUS RESOLUTIONS
Board of Regents urged to seek agreement with adjacent states regarding tuition
rates................................................................ 1536
City of Augusta-County of Richmond Criminal Advisory Commission........... 4901
Clarification of Article V of U.S. Constitution urged .................... 137
Conveyance of C.S.S. Georgia.............................................. 1485
Conveyance of flagpole to City of Pelham.................................. 1528
Covenant agreements with Macon County Recreation Commission............... 1491
DeKalb County Compensation Study Commission............................... 4911
Drug and Narcotic Abuse Joint Study Committee............................. 1481
J. Ebb Duncan Parkway designated ......................................... 4890
Executive Branch urged to continue jail-prison overcrowding study effort.. 1495
General Assemblys commitment to program of Mercer University School of
Medicine ............................................................ 1470
General Assemblys Commitment to program of Morehouse School of
Medicine............................................................. 1483
Georgia Bird Day and Wildflower Week designated....................... 1849
Georgia Commission on Womens Opportunities .............................. 1850
Georgia Convocation on Federalism.......................................... 136
Georgia Energy Regulatory Reform Commission .............................. 1499
Georgia Semiquinentenary Commission created............................... 1472
Grady Memorial Hospital Study Committee................................... 1540
Robert Hillsman Bridge designated......................................... 4899
Intent of General Assembly as to Constitutional amendment affecting the
City of Augusta...................................................... 1538
Joint Committee of Farm Winery laws....................................... 1533
Joint Correctional Institution Study Committee............................ 1568
Joint Day Care Study Committee ........................................... 1547
Joint Local Mental Health and Mental Retardation Governance Study
Committee............................................................ 1502
Legislative Overview Committee on Constitutional revision ................ 1539
Brooks Pennington Bridge designated....................................... 4900
Public policy toward housing, etc. for handicapped citizens............... 1469
Rules adopted by Supreme Court approved .................................. 1532
Services for the aged Study Committee..................................... 1458
Special Study Commission on Mental Health................................. 1487
Southeastern Railway Museum............................................... 1498
State and the Arts Joint Study Committee.................................. 1480
State-wide Fire Protection Study Committee................................ 1517
U.S. Congress urged to require fiscal notes................................ 134
Veterans of Foreign Wars commended........................................ 1534
Jerry Wadley Williams Bridge designated................................... 4913
INDEX
5203
INDEX
A
ABANDONED MOTOR VEHICLES
Removal, etc.................................................... 469
ACCIDENT AND SICKNESS INSURANCE POLICIES
Insurance Code amended.......................................... 640
Out-patient services ........................................... 991
ACCUSATIONS
Disposition in criminal courts in certain counties (600,000 or more) (550,000
or more) .................................................. 3278
ACTIONS
See also Practical Procedure
Suits against representatives of obligors ...................... 852
AD VALOREM TAXATION
Limitation on executions........................................ 791
ADAIRSVILLE, CITY OF
Corporate limits............................................... 3907
ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT
Amended......................................................... 667
Amended, teacher certification................................. 1565
Capital Facility improvements................................... 774
School bus drivers.............................................. 766
ADVERTISEMENTS
Fees for legal advertisements.................................. 1808
AGE DISCRIMINATION
Prohibited in employment........................................ 636
AGRICULTURE
Bird Dealers Licensing Act...................................... 510
Commodities Promotion Act amended 692
Georgia Marketing Act of 1981 ................................. 1354
Georgia Meat Inspection Act amended 657
Licensed grain dealers, etc..................................... 927
Poultry hauling ................................................ 133
Rules, etc. regulating irrigation systems 1256
Sale of pulpwood and timber 935
Securing of loads on vehicles................................... 705
5204
INDEX
ALBANY, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Ad valorem taxation............................................ 3920
Chehaw Park Authority, meetings................................ 3131
Corporate limits................................................... 4734
ALBANY-DOUGHERTY INNER CITY AUTHORITY ACT
Amended............................................................ 4688
ALBANY-DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY
Amended............................................................ 3133
ALCOHOLIC BEVERAGES
Code amended....................................................... 1269
Legal age to purchase, etc.......................................... 862
Sale hours in certain counties (600,000 or more) (550,000 or more). 3281
Sale hours on Sundays in certain counties (600,000 or more) (550,000 or
more).......................................................... 3285
Sale in certain counties (400,000-600,000) (400,000-500,000)....... 3307
Sale near alcoholic treatment facilities........................... 1265
Sale on election days in certain counties (35,000 or more)..... 460
Sale on Sundays in certain counties (550,000 or more) (600,000 or more) 540
ALCOHOLICS
Hospitalization, etc................................................ 996
Hospitalization and treatment procedures............................ 785
ALCOHOLISM ADVISORY COUNCIL ACT
Amended, effective date............................................ 1433
ALCOVY JUDICIAL CIRCUIT
Compensation of judges and district attorney....................... 1010
ALIMONY
Factors in determining grant of permanent alimony 615
ALIMONY OR CHILD SUPPORT
Garnishment......................................................... 804
ALPHARETTA, CITY OF
New Charter........................................................ 4609
INDEX
5205
AMBULANCE SERVICES
Recertification, etc........................................ 1315
ANDERSON, ALONZA
Compensation for damages.................................... 4910
ANDERSON, CHARLES E.
Compensation for damages.................................... 4892
APPLING COUNTY
See Tabular IndexHome Rule for Counties.
APPROPRIATIONS
General Appropriations Act .................................... 1036
Supplemental Appropriations Act................................. 184
Supplemental Appropriations for Department of Labor ............. 673
ARCHITECTS
Enforcement of Code Chapter 84-3................................ 822
ARCHITECTS, LANDSCAPE
Exemptions...................................................... 781
ARLINGTON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
ARMED ROBBERY
Defined, punishment, etc................................... 1266
ARNOLD, A.V.
Compensation for damages................................... 4891
ARRESTS
Degree of force to apprehend suspected felons 1393
ARTICLE V OF U.S. CONSTITUTION
Clarification urged......................................... 137
ARTS AND HUMANITIES, COUNCIL
Appointment of a poet laureate............................. 1394
ASHBURN, CITY OF
New Charter................................................ 4404
5206
INDEX
ATHENS, CITY OF
Athens-Clarke County Charter Commission 3065
ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Powers....................................................... 3972
ATLANTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Land conveyance authorized................................ 1477, 1496
Senior judge of municipal court.............................. 3363
ATTORNEY GENERAL
Procedure to fill vacancies, proposed amendment to the Constitution. 1913
Summaries of general proposed amendments to the Constitution........ 660
ATTORNEYS FEES
Workers Compensation cases................................... 805
AUGUSTA, CITY OF
City of AugustaCounty of Richmond Criminal Advisory Commission..... 4901
Civil service commission .................................... 4591
Elections .................................................... 3713
Intent of General Assembly as to Constitutional amendment .... 1538
Pension system amended....................................... 4373
AUGUSTA JUDICIAL CIRCUIT
Judges compensation...................................... 554, 595
AUTOMOBILE MILEAGE ALLOWANCE
State employees............................................... 856
AUTOMOBILES
Used Car Dealers Registration Act amended.................... 767
B
BACON COUNTY
Small claims Court........................................... 4743
BAD CHECKS
Punishment for issuance...................................... 1550
BAILIFFS
Compensation of court bailiffs................................ 685
INDEX
5207
BAINBRIDGE, CITY OF
Decatur CountyBainbridge Industrial Development Authority, powers ... 3482
Downtown Bainbridge Development Authority ....................... 3538
Elections, etc................................................... 3486
BALDWIN COUNTY
Compensation of clerk of superior court.......................... 3099
Compensation of judge of probate court........................... 3095
Compensation of sheriff.......................................... 3249
Compensation of tax commissioner................................. 3097
Hazardous wastes, referendum..................................... 4072
BALDWIN COUNTY, STATE COURT OF
Judge and solicitor, salaries ................................... 3247
BANKS AND BANKING-
S'^ also Financial Institutions Code of Georgia.
Domestic International Banking Facility Act....................... 770
Unlawful acquisitions by bank holding companies ................. 1008
BARROW COUNTY
Expense accounts of board of commissioners....................... 3710
BARTOW COUNTY
Compensation of coroner.......................................... 3952
Compensation of county commission ............................... 3943
Compensation of named county officials........................... 3937
Compensation of tax commissioners................................ 3941
BEN HILL COUNTY
Fitzgerald and Ben Hill County Development Authority Act amended. 3957
BERRIEN COUNTY
Small claims court created ...................................... 4046
BIBB COUNTY
Civil service system............................................. 4750
Macon-Bibb County Urban Development Authority, bonds............. 4872
Macon-Bibb County Water and Sewerage Authority Act amended 3464
BIBB COUNTY, CIVIL COURT OF
Pleadings, costs, etc............................................ 4386
BIRD DAY
Designated....................................................... 1849
5208
INDEX
BIRD DEALERS LICENSING ACT
Enacted....................................................... 510
BIRTH CERTIFICATES
Form.......................................................... 1456
BLAKELY, CITY OF
Charter amended............................................... 3716
BLECKLEY COUNTY
Compensation of clerk of superior court....................... 4253
Compensation of county commissioner.......................... 4257
Compensation of judge of probate court....................... 4255
Compensation of sheriff...................................... 4260
Compensation of tax commissioner............................. 4262
Small claims court........................................... 4027
BLUE RIDGE JUDICIAL CIRCUIT
Terms......................................................... 552
BOARD OF DISPENSING OPTICIANS
Act amended................................................... 1378
BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES ACT
Amended...................................................... 1815
BOAT SAFETY ACT
Bonds for regattas, etc....................................... 987
Georgia Boat Safety Act amended .............................. 147
BONDS
Breach of good behavior bonds................................. 622
Elections, etc. in certain counties (250,000-400,000)........ 1439
Interest rates, etc........................................... 884
BOSTON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
BRANTLEY COUNTY
Compensation of board of education ........................... 4870
BREACH OF THE PEACE BONDS
Procedure, etc.
622
INDEX
5209
BREMAN, CITY OF
Charter amended.......................................... 3927
BROOKS COUNTY
Small claims court created .............................. 4454
BROXTON, CITY OF
New Charter.............................................. 3597
BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY
Projects................................................. 4335
BRUNSWICK, CITY OF
Land conveyance authorized............................... 1529
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
Act amended.............................................. 3850
BRUNSWICK JUDICIAL CIRCUIT
Judges and district attorneys compensation.............. 430
BRUNSWICK PORT AUTHORITY
Bonds, etc. .............................................. 604
BRYAN COUNTY
Small claims court....................................... 4206
BUDGET COMMISSIONS
Act creating budget commissions in certain counties amended (600,000 or
more) (550,000 or more).............................. 3284
BUILDING CODE
Enforcement of Code Chapter 84-3.......................... 822
BUILDING INSPECTORS
Issuance of citations in certain counties (600,000 or more) (550,000 or
more)................................................ 3282
5210
INDEX
BULLOCK COUNTY
Allocation of local sales and use tax, purposed amendment to the
Constitution...................................................... 1931
Clerical assistants of board of commissioners 3164
Clerical Assistant of Judge of probate court 3166
Employees of clerk of superior court ............................ 3159
Sheriffs employees ................................................... 3162
Tax commissioners assistants ........................................ 3169
Tax rates, etc., proposed amendment to the Constitution.......... 1916
BULLOCH COUNTY, STATE COURT OF
Terms of court........................................................ 3077
BUSINESS DEVELOPMENT CORPORATIONS
Loans, meetings, etc.............................................. 965
BUTTS COUNTY
Compensation of clerk of superior court............................... 3058
Salary of judge of probate court...................................... 3063
Sheriffs compensation................................................ 3055
Small claims court.................................................... 4184
Tax commissioners salary............................................. 3060
C
CABLE TELEVISION
Franchise of systems, etc............................................. 865
CAMDEN COUNTY
Jurisdiction of probate court, proposed amendment to the Constitution 1909
Powers, etc. of probate court, solicitor, etc......................... 3345
Purchasing agent, etc................................................. 3343
Salaries of named county officers .................................... 3041
Small claims court created ........................................... 4831
Tax commissioners salary............................................. 3043
CAMDEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Created............................................................... 3428
CAMILLA, CITY OF
Elections ............................................................ 3726
CAMPAIGN FINANCIAL DISCLOSURE ACT
Contributions during legislative sessions 851
INDEX
5211
CAMPUS POLICE
Arrest powers, etc. in certain municipalities (400,000 or more).. 806
CANDLER COUNTY
Small claims court act amended .................................. 4113
CARROLL COUNTY
Compensation of clerk of superior court.......................... 3470
Compensation of coroner.......................................... 4232
Compensation of county commissioner.............................. 3472
McIntosh Reserve Authority....................................... 4697
CARROLL COUNTY, STATE COURT OF
Judges compensation............................................. 3816
Salary of solicitor, etc......................................... 3474
CARROLLTON, CITY OF
Tax rate for schools............................................. 4172
CARROLLTON REDEVELOPMENT AUTHORITY
Created.......................................................... 4535
CATOOSA COUNTY
Compensation of tax commissioner................................. 3697
County commissioner.............................................. 4922
Fiscal administration of sheriffs office, etc................... 4918
CENSUS, U.S.-
Effective date as used in statutory law.......................... 951
CENTERVILLE, CITY OF
Punishment in municipal court.................................... 4019
CERTIFICATE OF TITLE ACT
Motor vehicle certificate of title act amended 617
Motor vehicle odometer readings.................................. 517
CHATHAM COUNTY
Chief tax assessor............................................... 3442
Compensation of board of public education, proposed amendment to
the Constitution............................................ 1920
Homestead exemptions, proposed amendment to the Constitution 1917
5212
INDEX
CHATSWORTH-MURRAY COUNTY WATER AND SEWERAGE AUTHORITY
Created................................................. 3779
CHATTAHOOCHEE COUNTY
Compensation of clerk of board of commissioners.......... 3630
CHATTAHOOCHEE JUDICIAL CIRCUIT
Compensation of assistant district attorney ............. 436
CHATTOOGA COUNTY
Compensation of tax commissioner.......................... 4061
CHEHAW PARK AUTHORITY
Meetings ............................................... 3131
CHEROKEE AND FORSYTH COUNTIES, STATE COURT OF
Salaries, etc........................................... 3853
CHEROKEE JUDICIAL CIRCUIT
Terms.................................................... 593
CHIEF VANN HOUSE
Deed of correction authorized .......................... 1512
CHILD ABUSE
Reports by physicians, etc.............................. 1034
CHILDREN
Act regulating employment of children amended 792
Cruelty, etc............................................. 683
CHILD SUPPORT
Garnishment.............................................. 804
CHILD SUPPORT RECOVERY ACT
Amended.................................................. 796
CHIROPRACTIC
Refusal or revocation of licenses, etc................... 690
CIGARETTE SALES ACT
Repealed ................................................. 870
INDEX
5213
CIVIL DEFENSE ACT OF 1951
Amended, local civil defense organizations...................... 1802
CIVIL PRACTICE ACT
See also Practice and Procedure
Default judgments............................................... 769
CIVIL SERVICE BOARDS
Members in certain counties (600,000 or more) (550,000 or more). 3280
CLARKE COUNTY
Athens-Clarke County Charter Commission........................ 3065
Athens-Clarke County Industrial Development Authority, powers 3972
Compensation of board of commissioners......................... 4594
Compensation of named county officials......................... 3969
Compensation of tax commissioner............................... 3977
Magistrates court judge, salary............................... 3197
CLARKESVILLE, CITY OF
New Charter.................................................... 4502
CLAYTON COUNTY
See also Tabular IndexHome Rule for Counties.
Compensation of board of county commissioners .................. 3904
Compensation of judge of probate court........................... 3897
Compensation of sheriff and clerk of superior court 3902
Compensation of tax commissioner............................... 3899
CLAYTON COUNTY, STATE COURT OF
Compensation of judge.......................................... 3894
CLINCH COUNTY
Sheriffs compensation, deputy sheriffs 3013
COBB COUNTY
Compensation of board of education 4176
Compensation of clerk of superior court and deputy clerk 4807
Compensation of county commissioners 3369
Compensation of judge of probate court 4186
Compensation of sheriff, etc................................... 4178
Compensation of tax commissioner and chief clerk 4756
Juvenile court judges compensation 4166
Probate court clerks compensation, etc........................ 4219
5214
INDEX
COBB COUNTY, STATE COURT OF
Clerks compensation ........................................... 4204
Compensation of judges.......................................... 4196
Compensation of solicitor and assistants........................ 4759
Criminal jurisdiction of justices of the peace.................. 4360
Deputy clerks, fees............................................. 4212
Magistrates..................................................... 4189
COBB JUDICIAL CIRCUIT:
Compensation of district attorney and staff....................... 1029
Judges compensation............................................... 597
COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY ACT
Amended........................................................... 4350
CODE OF PUBLIC TRANSPORTATION
Amended, overweight motor vehicle citations........................ 998
CODE REVISION
Designated acts repealed............................................. 3
COFFEE COUNTY
Court costs for county law library................................ 3925
School superintendent, referendum................................. 3626
COLLEGE PARK, CITY OF
Elections......................................................... 3950
COLLEGES AND UNIVERSITIES
Private Colleges and Universities Facilities Authority Act amended 1331
COLONIAL PIPELINE COMPANY
Amendment of right-of-way easement................................ 1521
COLQUITT COUNTY
Small claims court created ....................................... 4846
COLUMBIA COUNTY
Land conveyance authorized................................. 1508, 1525
Provisions for jail and courthouse................................ 3581
COLUMBUS, GEORGIA
Charter amended................................................... 3192
Personnel review board ........................................... 3870
INDEX
5215
COMMERCIAL ACCOUNTS
Interest rates ..................................................... 729
COMMERCIAL FISHING LICENSES
Game and Fish Code amended ......................................... 823
COMMISSIONER OF AGRICULTURE
See also Agriculture.
Procedure to fill vacancies, proposed amendment to the Constitution 1913
COMMISSIONER OF LABOR
Procedure to fill vacancies, proposed amendment to the constitution 1913
COMMUNITY AFFAIRS, DEPARTMENT OF
Codes............................................................... 717
COMPTROLLER GENERAL
Procedure to fill vacancies, proposed amendment to the Constitution. 1913
COMPUTERS
Computer System Protection Act ..................................... 947
CONASAUGA JUDICIAL COURT
Additional judge ........................................... 500
C.S.S. GEORGIA
Conveyance to U.S. Department of the Army, Corps of Engineers
authorized..................................................... 1485
CONFIRMATION PROCEDURES
Sales of real estate under foreclosure proceedings 834
CONSERVATION, STATE DIVISION OF
Lawsuits............................................................ 637
CONSIDERATION
Defined, etc........................................................ 876
CONSTABLES
Qualifications, illegal acts
496
5216
INDEX
CONSTITUTIONAL AMENDMENTS
Procedure, proposed amendment to the Constitution............ 1911
Summaries of general amendments 660
CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD
Act amended.................................................. 116
CONSTITUTIONAL OFFICES
Procedure to fill certain vacancies, proposed amendment to the
Constitution.............................................. 1913
CONSTITUTIONAL REVISION
Legislative overview committee............................... 1539
CONSTRUCTION INDUSTRY LICENSING BOARD
Act amended...........................................844, 845, 1703
CONSUMERS UTILITY COUNSEL
Position created, etc........................................ 139
CONTRACTS
Consideration defined........................................ 876
Guaranty and suretyship defined, etc......................... 870
CONTROLLED SUBSTANCES
Board of Pharmacy Act amended................................ 557
COOK COUNTY
Compensation of county commissioners 4251
Small claims court created 4794
CORDELE, CITY OF
Liens 4228
CORONERS
Compensation in certain counties (28,300-29,600) 3696
CORPORATIONS
Contributions to influence official actions 874
Professional Corporation Act amended 976
Reviver of nonprofit corporations 1425
INDEX
5217
CORRECTIONAL INSTITUTION STUDY COMMITTEE
Joint committee created.............................................. 1568
CORRECTIONS, STATE BOARD OF
Outside work for prisoners during inclement weather..................... 1421
COUNCIL OF JUVENILE COURT JUDGES
Judges qualifications, etc.......................................... 1390
COUNTIES
Bond elections, etc. in certain counties (250,000-400,000).............. 1439
Costs of maintaining certain prisoners.................................. 1434
Deferred compensation for employees ................................. 119
Interest rates on bonds, etc.......................................... 384
Sale of county property in certain counties (600,000 or more) (550,000 or
more)............................................................. 539
Taxation of wrecker services.......................................... 654
COUNTIES AND MUNICIPALITIES
Recreational systems................................................. 1020
COUNTY ADMINISTRATORS
Appointment in certain counties (400,000-500,000) (400,000-600,000)..... 547
COUNTY ELECTED OFFICIALS
Compensation in certain counties (145,000-165,000) (171,000-181,000). 4064
COUNTY OFFICERS
Compensation in certain counties (15,300-15,800)..................... 3227
Compensation in certain counties (145,000-165,000)................... 3243
Compensation in certain counties (180,000-190,000) (180,000-205,000). 4201
COUNTY TAXATION
Training classes by Department of Revenue............................ 1022
COURT BAILIFFS
Compensation.......................................................... 685
COURT COSTS
Superior courts of certain counties (600,000 or more) (550,000 or more) 532
COURT OF APPEALS
Judges retirement system amended.................................... 1235
5218
INDEX
COURT REPORTERS
Employment in certain circuits based upon population of counties (250,000-
500,000) (350,000-500,000) .................................... 601
Travel allowance................................................... 619
COVINGTON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
COWETA COUNTY
Small claims court created........................................ 4722
CRAWFORD COUNTY
Compensation of board of commissioners............................ 4124
CREDIT CARDS
Annual fees........................................................ 732
CREDIT UNIONS
Group life insurance.............................................. 1814
Nonprofit Credit Union Deposit Insurance Corporation Act amended... 1241
Out of state credit unions doing business in Georgia............... 753
CRIMES
Alcoholic Beverage Code amended .................................. 1269
Armed robbery..................................................... 1266
Computer Systems Protection Act ................................... 947
Corporate contributions to influence official actions.............. 874
Cruelty to children................................................ 683
Display and sale of certain materials to minors.................... 1578
Handicapped parking law............................................ 677
Insurrection defined, etc.......................................... 868
Medical Assistance Act of 1977 .................................... 962
Motor vehicle license plates, etc.................................. 714
Motor vehicle odometer readings.................................... 649
Parking, etc. violations by lessees of leased vehicles............. 1004
Penalty provisions relating to theft.............................. 1576
Possession of alcoholic beverages on public school grounds......... 625
Public indecency during plays, etc................................. 915
Punishment for issuance of bad checks............................. 1550
Punishment for removal of memorials to the dead, etc............... 1552
Retired law enforcement offices, licenses to carry pistols, etc.... 946
Scrap metal processors, etc........................................ 973
Shrimping in baited waters........................................ 1003
CRIMINAL COURTS
Disposition of accusations in certain counties (600,000 or more) (550,000
INDEX
5219
or more) ........................................................ 3278
CRIMINAL JUSTICE COORDINATING COUNCIL
Created....................................................... 1306
CRIMINAL JUSTICE IMPROVEMENT COUNCIL
Created....................................................... 819
CRIMINAL PROCEDURE
Degree of force to apprehend suspected felons ...................... 1393
Material facts discovered by a confession..................... 875
Prevention of family violence, etc............................ 880
Rules for unified appeals pursuant to code section 27-2538 approved. 1532
Sentencing.................................................... 1024
Trials of certain misdemeanors................................ 828
Youthful Offender Act amended................................. 676
CRISP COUNTY
Compensation of named officials.............................. 4117
D
DACULA, CITY OF
Procedure to override mayors veto........................... 3467
DADE COUNTY
Budgeting, etc. for sheriffs office ......................... 3371
Compensation of deputy clerk of superior court............... 4077
Compensation of probate court deputies and clerks............. 4079
DALTON, CITY OF
Downtown Dalton Development Authority......................... 4760
DAVIS, III, ROY
Compensation for damages..................................... 4904
DAWSON COUNTY
Commissioners compensation.................................. 3047
Compensation, clerk of superior court, judge of probate court 3053
Sheriffs compensation........................................ 3050
Tax commissioners compensation............................... 3045
DAY CARE STUDY COMMITTEE
Joint Committee created....................................... 1347
5220
INDEX
DECATUR, CITY OF
Homestead exemptions, proposed amendment to the Constitution. 1914
DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT
AUTHORITY
Powers....................................................... 3482
DEFERRED COMPENSATION
Payments...................................................... 119
DEKALB COUNTY
See also Tabular IndexHome Rule for counties.
Board of education........................................... 4364
Form of government, referendum .............................. 4304
DEKALB COUNTY, STATE COURT OF
Assistant solicitors......................................... 4108
Court costs ................................................. 4810
Judges secretaries.......................................... 3918
DENTISTRY
Georgia Board of Dentistry................................610, 726
DEPARTMENT OF ADMINISTRATIVE SERVICES
Automobile mileage allowance for State employees 856
DERDEN, MRS. WATSON V.
Compensation for damages..................................... 4903
DEVELOPMENT AUTHORITIES LAW
Amended as to certain counties (26,000-26,500)................ 542
Amended, joint authorities................................... 1419
Amended, project, etc. defined............................... 1457
DISABLED ADULTS PROTECTION ACT
Enacted...................................................... 1930
DISPOSITION OF UNCLAIMED PROPERTY ACT
Amended....................................................... 977
Amended, presumptions of abandonment, etc.................... 1330
DISTRICT ATTORNEY EMERITUS ACT
Amended....................................................... 96
INDEX
5221
DISTRICT ATTORNEYS
Appointment of secretaries................................... 672
Compensation of assistant district attorneys ................ 711
Travel expenses, etc......................................... 682
DISTRICT ATTORNEYS RETIREMENT FUND
Amended....................................................... 1392
DIVORfCE AND ALIMONY
Factors in determining grant of permanent alimony............ 615
Visitation rights of grandparents............................. 1318
DOMESTIC INTERNATIONAL BANKING FACILITY ACT
Enacted...................................................... 770
DOOLY COUNTY
Board of county commissioners................................. 3703
Board of education, referendum................................ 4463
Compensation of tax commissioner.............................. 3700
DOUGHERTY COUNTY
Albany-Dougherty Inner City Authority Act amended............. 4688
Albany-Dougherty Payroll Development Authority amended........ 3133
Compensation of named officials............................... 4098
DOUGHERTY COUNTY, STATE COURT OF
Court costs................................................... 4101
DOUGLAS, CITY OF
Ad valorem taxation........................................... 3594
Coroners compensation........................................ 3104
DOUGLAS JUDICIAL CIRCUIT
Additional judge ............................................ 706
DOUGLAS, JR., J.D.
Compensation for damages...................................... 4893
DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY
Created....................................................... 3538
DOWNTOWN DEVELOPMENT AUTHORITIES LAW
Amended....................................................... 1744
5222
INDEX
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY
Amended.................................................... 3736
DOWNTOWN SAVANNAH AUTHORITY
Powers.................................................... 4041
DRUG ABUSERS
Hospitalization, etc....................................... 996
DRUG AND NARCOTIC ABUSE JOINT STUDY COMMITTEE
Created................................................... 1481
DRUG AND NARCOTICS AGENCY
Board of Pharmacy Act amended.............................. 557
DRUGS
Georgia Controlled Substances Act amended.................. 180
DUBLIN, CITY OF
Charter amended........................................... 3979
DUNCAN, J. EBB
J. Ebb Duncan Parkway designated.......................... 4890
E
EAST DUBLIN, TOWN OF
New charter .............................................. 4645
EASTERN JUDICIAL CIRCUIT
Judges salaries........................................... 548
EAST POINT, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
EBERNEZER RIVER
Scenic Rivers Act of 1969 amended
459
INDEX
5223
EDUCATION
Adequate Program for Education in Georgia Act amended . 667, 766, 774, 1565
Audits in certain counties (250,000-500,000) (350,000-500,000).......... 4241
Compensation of boards in certain counties (34,000-34,500).............. 529
Compensation of boards of education in certain counties (400,000-600,000)
(400,000-525,000)................................................... 755
Compensation of boards of education in certain counties (550,000 or more)
(600,000 or more)................................................... 4362
Georgia Higher Education Loan Program, etc............................... 735
Immunization of children entering public schools, etc................... 756
Members of county boards................................................. 1549
Possession of alcoholic beverages on public school grounds.............. 625
Postsecondary Educational Authorization Act of 1978 amended.............. 899
Qualifications of school board members in certain counties (350,000
-500,000) (400,000-500,000)......................................... 602
Quick start programs..................................................... 893
Records and reports of attendance........................................ 829
Resignation of county board members and county superintendants.......... 643
Tuition equalization grants.............................................. 1377
EFFINGHAM COUNTY
Compensation of tax commissioners, etc................................... 4223
ELBERT COUNTY
Compensation of board of commissioners.................................. 4120
ELECTIONS
Absentee voting in certain counties (600,000 or more) (550,000 or more). 534
Boards of elections created in certain counties (11,340-11,390)......... 3090
Boards of elections created in certain counties (45,550-50,550)......... 3668
Boards of registration and elections in certain counties (350,000-600,000)
(350,000-500,000).................................................. 3309
Election boards in certain counties (18,150-18,250) 3144
Elections in certain counties (400,000-525,000) 1581
Georgia Election Code Amended.....................................1718, 1798
Municipal Election Code and Election Code amended 1238
Qualifications of school board members in certain counties (350,000
-500,000) (400,000-500,000)......................................... 602
Sale of alcoholic beverages on election days in certain counties (35,000 or
more)............................................................... 460
Superintendent of elections in certain counties (600,000 or more) (550,000
or more) ........................................................... 635
Use of county registration lists by municipalities in certain counties
(400,000-600,000) (400,000-500,000) ................................ 545
ELECTRIC MEMBERSHIP CORPORATION ACT
Amended, fees of clerks of superior courts 1396
Enacted.................................................................. 1587
5224
INDEX
ELK RIVER RESOURCES, INC.
Easement to land............................................ 2-B
EMERGENCY MANAGEMENT ACT OF 1981
Enacted..................................................... 389
EMINENT DOMAIN
Acquisition of property for future transportation purposes.. 878
Pipeline construction ...................................... 789
EMPLOYEES HEALTH INSURANCE PLAN
Amended..................................................... 983
Employee defined, costs..................................... 425
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA ACT
Amended, appellate court judges............................ 1235
Amended, credit for service in the General Assembly........ 1856
EMPLOYMENT
Age discrimination prohibited ............................... 636
Equal Employment for the Handicapped Code 1803
EMPLOYMENT SECURITY LAW
Amended.................................................. 390, 413
ENERGY REGULATORY REFORM COMMISSION
Created.................................................... 1499
ENGINEERS AND LAND SURVEYORS
Act amended................................................. 763
ENVIRONMENTAL PROTECTION DIVISION
Executive Reorganization Act of 1972 amended 838
EQUAL EMPLOYMENT FOR THE HANDICAPPED CODE
Enacted.................................................... 1803
ESTATES
Appointment of county administrators in certain counties (400,000-
600,000) (400,000-500,000) .............................. 547
Suits against representatives of obligors ................... 852
INDEX
5225
EVAN COUNTY
Small claims court act amended ................................. 3298
EVIDENCE
Material facts discovered by a confession....................... 875
EXECUTIVE REORGANIZATION ACT OF 1972
Amended, Board of Public Safety................................. 814
Amended, Georgia Intracoastal Waterway Commission............. 1017
Amended, Southeastern Interstate Forest Fire Protection Compact. 638
Division of Environmental Protection ........................ 838
Franklin D. Roosevelt Warm Springs Memorial Advisory Committee.. 849
EYE BANKS
Health Code amended.......................................... 611
EZELL, JAMES W.
Compensation for damages...................................... 4908
F
FAMILY AND CHILDRENS SERVICES
Members of boards in certain counties (550,000 or more) 960
FAMILY VIOLENCE
Procedure to prevent, etc................................. 880
FAMILY VIOLENCE SHELTERS
Duties of Department of Human Resources, etc.............. 663
FANNIN COUNTY
Compensation of judge of probate court, etc. 4829
Coroner placed on salary basis............................ 4106
FARMERS MUTUAL FIRE INSURANCE COMPANIES
Act amended............................................... 809
FARM WINERY LAWS
Joint committee created.................................. 1533
FARROW, DANNY R.
Land conveyance authorized................................ 4897
5226
INDEX
FAYETTE COUNTY
Compensation of coroner................................... 4284
Small Claims court........................................ 3092
FEDERAL CENSUS
Effective dates as used in statutory law ................... 951
FINANCIAL INSTITUTIONS CODE OF GEORGIA
Amended...........................................1241, 1366, 1566
Funds in care of nursing homes.............................. 848
FIRE COMMISSIONER
Georgia Safety Fire Commissioners Act amended............. 1779
FIRE DEPARTMENTS
Pension system for members of paid departments in certain cities (more
than 300,000)........................................... 3553
FIRE PROTECTION STUDY COMMITTEE
Created................................................... 1517
FIREMEN
Pension system in certain counties amended (550,000 or more) (600,000 or
more) .................................................. 3257
FIREMENS RETIREMENT SYSTEM ACT
Amended.................................................... 608
FISCAL IMPACT NOTES ACT
Enacted..................................................... 1809
FISHING
Use of power drawn nets regulated.......................... 688
FISHING LICENSE
Fees, etc.................................................. 144
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY
Act amended................................................. 3981
FITZGERALD, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
INDEX
5227
FITZGERALD, GUY A.
Compensation for damages........................................ 4897
FLOYD COUNTY
See also Tabular IndexHome Rule for Counties.
Board of county commissioners.................................... 3023
Compensation of members of school board.......................... 4193
Merit system amended............................................. 3638
Salaries, clerk of superior court, judge of probate court....... 3030
Tax commissioners compensation.................................. 3027
FORECLOSURES
Confirmation of sales of real estate............................. 834
FOREST PARK, CITY OF
Corporate limits................................................. 3117
FORESTRY
Proceeds from sale of seedlings................................. 1385
FORSYTH AND CHEROKEE COUNTIES, STATE COURT OF
Salaries, etc.................................................... 3853
FORSYTH COUNTY
Compensation of county commissioners............................. 3155
FRANCHISES
Cable television, etc............................................ 865
FULTON COUNTY
Civil service board Act amended.................................. 3221
Withdrawal from pension system, etc. by elected officials........ 4302
FULTON COUNTY, STATE COURT OF
Chief clerk...................................................... 3267
Compensation of chief judge...................................... 3537
Court costs...................................................... 3264
Jurisdiction of magistrates, etc................................. 3546
Secretaries and bailiffs for magistrates 3262
5228
INDEX
G
GAME AND FISH CODE
Amended..................................................... 144, 798
Commercial fishing licenses, etc............................... 823
Fishing with power drawn nets.................................. 688
Handguns for hunting deer...................................... 730
Public fishing areas, etc..................................... 1380
Shrimping in baited waters.................................... 1003
Trappers and fur dealers regulations.......................... 1006
GARDEN CITY
City administrator.............................................. 3776
GARNISHMENT
Child support or alimony ....................................... 804
Procedure, etc................................................. 383
GENERAL APPROPRIATIONS ACT
Enacted....................................................... 1036
GENERAL ASSEMBLY
Campaign Financial Disclosure Act amended...................... 851
Compensation of Speaker of House of Representatives............ 894
Distribution of journals....................................... 818
Employees Retirement System Act amended 1856
Payment of compensation upon death of members 699
GEMS
Dealers in gems regulated..................................... 1570
GEOLOGISTS
Registration Act of 1975 amended ............................... 777
GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT
Amended, vacancies ............................................. 692
GEORGIA ALCOHOLIC BEVERAGE CODE
See also Alcoholic Beverages.
Amended....................................................... 1269
Possession on public school grounds............................ 625
GEORGIA BOARD OF DENTISTRY
Amended........................................................ 726
Members........................................................ 610
GEORGIA BOAT SAFETY ACT
Amended........................................................ 147
Bonds for regattas, etc........................................ 967
INDEX
5229
GEORGIA CIVIL DEFENSE ACT OF 1951
Amended, local civil defense organizations.............. 1802
GEORGIA CODE OF PUBLIC TRANSPORTATION
Amended.............................................. 963, 955
Amended, overweight motor vehicle citations............. 998
GEORGIA COGENERATION ACT
Amended................................................ 808
GEORGIA COMMISSION ON WOMENS OPPORTUNITIES
Created................................................. 1850
GEORGIA COMPUTER SYSTEMS PROTECTION ACT
Enacted................................................ 947
GEORGIA CONTROLLED SUBSTANCES ACT
Amended................................................ 180
GEORGIA CONVOCATION ON FEDERALISM
A resolution .......................................... 136
GEORGIA COUNCIL FOR THE ARTS AND HUMANITIES
Appointment of a poet laureate.......................... 1394
GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL
Created................................................ 819
GEORGIA ELECTRIC MEMBERSHIP CORPORATION ACT
Enacted................................................. 1587
GEORGIA EMERGENCY MANAGEMENT ACT OF 1981
Enacted................................................ 889
GEORGIA ENERGY REGULATORY REFORM COMMISSION
Created............................................... 1499
GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT
Enacted
462
5230
INDEX
GEORGIA HEALTH CODE
See also Health.
Amended, bill of rights for residents of long-term care facilities 149
GEORGIA HIGHER EDUCATION LOAN PROGRAM
Amended........................................................... 735
GEORGIA INDUSTRIAL LOAN ACT
Amended........................................................... 621
GEORGIA INSURANCE CODE
See also Insurance.
Amended, licensing, etc. of agents, brokers, etc................. 1789
Group life insurance for credit union members 1814
GEORGIA INTRACOASTAL WATERWAY COMMISSION
Functions transferred to Department of Transportation............ 1017
GEORGIA JUSTICE COURT TRAINING COUNCIL ACT
Amended, exclusions............................................... 623
GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
Created, etc..................................................... 1336
GEORGIA MARKETING ACT OF 1981
Enacted.......................................................... 1354
GEORGIA MEAT INSPECTION ACT
Amended........................................................... 657
GEORGIA MEDICAL ASSISTANCE ACT OF 1977
Amended.......................................................... 1887
Amended, crimes....................................................962
Claims ........................................................... 917
GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955
Amended........................................................... 702
Amended, State flag............................................... 986
GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT
Amended, repairs................................................. 1329
INDEX
5231
GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE
ACT
Amended.................................................. 1441
GEORGIA MOTOR VEHICLE SAFETY INSPECTION ACT
Amended.................................................. 1740
GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT
Amended.................................................. 778
GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT
Enacted.................................................. 1828
GEORGIA PROFESSIONAL CORPORATION ACT
Amended.................................................. 976
Amended, fees of superior court clerks ................. 1396
GEORGIA PUBLIC REVENUE CODE
See also Revenue.
Amended.............................................. 1867, 1903
Tax appraisers.......................................... 1906
GEORGIA PUBLIC SERVICE COMMISSION
Code amended............................................. 121
Powers, duties, hearings................................. 409
GEORGIA RECORDS ACT
Amended................................................. 1422
GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT
OF 1973
Amended................................................. 1417
GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT
Amended.................................................. 718
GEORGIA SAFETY FIRE COMMISSIONER ACT
Amended..............................................825, 1779
GEORGIA SECURITIES ACT OF 1973
Amended................................................. 1583
Exemptions............................................... 840
5232
INDEX
GEORGIA SCENIC RIVERS ACT OF 1969 AMENDED
Ebenezer River................................................. 459
GEORGIA SEMIQUINCENTENARY COMMISSION
Created....................................................... 1472
GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT
Amended........................................................ 668
GEORGIA STATE WAREHOUSE ACT
Amended, minimum required bond.................................... 929
GILMER COUNTY
Compensation of clerk of superior court and deputy clerk.......... 4344
Compensation of commissioners, advisory board, etc................ 4370
Deputy sheriffs................................................ 4342
Small claims court created .................................... 3202
GILMER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Bonds, proposed amendment to the Constitution................. 1923
GLASCOCK COUNTY
Compensation of clerk of superior court........................ 3993
Compensation of judge of probate court......................... 3995
GLYNN COUNTY
Brunswick and Glynn County Development Authority, projects 4335
Brunswick-Glynn County Charter Commission amended.............. 3850
Clerk of superior court and judge of probate court, salaries, etc. 4339
Compensation of deputy magistrate.............................. 4122
Compensation of sheriff, deputies, etc........................ 3351
Compensation of tax commissioners, etc......................... 3354
School superintendent......................................... 4331
Vacancies on board of county commissioners 3356
GLYNN COUNTY, STATE COURT OF
Terms, compensation of certain personnel 3359
GORDON COUNTY
Office of county commissioner created, etc., referendum 3269
School superintendent, referendum.............................. 3586
GRADY COUNTY, STATE COURT OF
Election of judge, etc......................................... 3859
Juries......................................................... 3857
INDEX
5233
GRADY MEMORIAL HOSPITAL
Study committee.................................................. 1540
GRAIN DEALERS
Licensing, etc.................................................... 927
GRAND JURIES
Investigative grand juries in certain counties (400,000-500,000) (400,000-
600,000)...................................................... 544
GRANDPARENTS
Visitation rights, etc........................................... 1318
GREENE COUNTY
Compensation of named county officials........................... 3877
Compensation of tax commissioner, etc............................ 3881
Motor vehicle for use by sheriff................................. 4230
GRIFFIN, CITY OF
Chairman of board of commissioners............................... 3658
GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY ACT
Amended.......................................................... 4875
GUARANTY
Defined, etc...................................................... 870
GWINNETT COUNTY
Airport Authority Act amended.................................... 3821
Compensation, clerk of superior court, judge of probate court 3142
Compensation of county commissioners............................. 3135
Compensation of tax commissioner 3138
Homestead exemptions, proposed amendment to the Constitution..... 1921
Industrial building authority Act amended 3831
Ownership, etc. of pinball machines 3115
Public facilities authority Act amended.......................... 3825
Recorders court, judge, solicitor............................... 3038
Recreation authority Act amended 3828
Sheriffs compensation........................................... 3140
Water and Sewerage Authority Act amended 3818
GWINNETT COUNTY, STATE COURT OF
Jury trials, salaries, etc.
3033
5234
INDEX
H
HABERSHAM COUNTY
Coroners compensation..................................... 3082
HABERSHAM COUNTY, STATE COURT OF
Compensation of judge and solicitor......................... 3087
Solicitors secretary....................................... 3084
HABERSHAM COUNTY WATER AND SEWERAGE AUTHORITY
Created..................................................... 3327
HANCOCK COUNTY
Small claims court Act amended.............................. 3325
HANDICAPPED PARKING LAW
Amended.................................................. 624, 677
HANDICAPPED PERSONS
Equal Employment for the Handicapped Code enacted 1803
Public policy toward housing, etc........................... 1469
HARALSON COUNTY
Compensation of county commissioner......................... 3933
Compensation of judge of probate court 3935
Treasurers compensation ................................... 3930
Water authority members, etc................................ 4247
HARBERT CORPORATION
Easement to land............................................ 2-B
HART COUNTY
Board of finance ........................................... 3966
Compensation of clerk of superior court.................... 3964
Compensation of coroner.................................... 3962
Small claims court Act amended 4168
HARTWELL, CITY OF
Elections, etc............................................. 3960
HAYDEN, Jack-
Compensation for damages
4894
INDEX
5235
HAZARDOUS WASTE
See also Waste.
Georgia Hazardous Waste Management Authority Act................... 462
HEALTH
Ambulance services................................................ 1315
Claims under Medical Assistance Act of 1977 ....................... 917
Compensation of employees of certain institutions for damages...... 854
Confidentiality of hospitalization................................. 985
Disabled Adults Protection Act...................................... 1320
Form of birth certificates.......................................... 1456
Hospitalization and treatment procedures for alcoholics............ 785
Hospitalization and treatment procedures for the mentally ill...... 787
Hospitalization, etc. of alcoholics, drug abusers, etc. ........... 996
Immunization of children entering public schools, etc.............. 756
Medical Assistance Act of 1977 amended, crimes..................... 962
Permits to operate certain medical institutions.................... 920
Registration of spinal-cord disabled.............................. 1027
Reports of child abuse by physicians, etc.......................... 1034
HEALTH CODE
See also Georgia Health Code
Eye banks.......................................................... 611
HEARD COUNTY
Clerk of superior court, compensation............................. 3179
County commissioner, compensation................................. 3184
Probate court judge, compensation 3174
Sheriff, compensation............................................. 3181
Tax commissioners compensation................................... 3177
HENRY COUNTY
Compensation of named county officials............................ 4006
Compensation of treasurer ........................................ 4004
Small claims court act amended ................................... 4001
Water and sewerage authority act amended 4011
HIGHER EDUCATION LOAN PROGRAM
Amended............................................................ 735
HILLSMAN, ROBERT
Robert Hillsman Bridge designated ................................ 4899
HOMERVILLE, CITY OF
Exchange of land authorized
1515
5236
INDEX
HOMESTEAD EXEMPTIONS
Alternative exemptions, etc. ........................................... 626
Applications, etc. in certain counties (34,000-34,500).................. 528
Leased property in certain counties (10,450-10,650)..................... 1267
Procedure for returning, etc. local homestead exemptions 117
HOME SOLICITATION SALES ACT
Amended........................................................... 1795, 1797
HOSPITALIZATION AND TREATMENT PROCEDURES FOR ALCOHOLICS,
ETC.
Health code amended....................................... 185
HOSPITALIZATION AND TREATMENT PROCEDURE FOR THE MENTALLY
ILL
Health code amended....................................... 161
HOUSE OF REPRESENTATIVES
Compensation of Speaker
HOUSING AUTHORITIES
Authority to initiate projects
HOUSTON COUNTY
Compensation of county commissioners
HOUSTON COUNTY, STATE COURT OF
Terms of court.....................
HUMAN RESOURCES, DEPARTMENT OF
See also Health.
Family violence shelters.......
HUNTING
Handguns for hunting deer
HUNTING LICENSES
Fees, etc......................
HUSBAND AND WIFE-
894
1420
3112
3551
663
730
144
Gifts from wife to husband
704
INDEX
5237
I
IDEAL, CITY OF
Terms of mayor and councilmen.................................. 4210
INDEMNIFICATION FOR DEATH OF CERTAIN LAW ENFORCEMENT
OFFICERS, ETC.
Act amended..................................................... 477
INDUSTRIAL LIFE INSURANCE
Code amended.................................................... 936
INDUSTRIAL LOAN ACT
Amended......................................................... 621
INDUSTRY AND TRADE, DEPARTMENT OF
Moving expenses of employees.................................... 429
INSURANCE
Accident and sickness policies.................................. 640
Farmers Mutual Fire Insurance Companies........................ 809
Georgia Insurance Code amended.................................. 1789
Georgia Life and Health Insurance Guaranty Association......... 1336
Group life insurance for credit union members................... 1814
Group policies for services within scope of optometrists....... 817
Group self insurance funds for workers compensation .......... 1759
Industrial life insurance....................................... 936
Motor vehicle accident reparations act amended.................. 1329
Optional coverage for certain mental or nervous disorders...... 896
Out patient services under accident and sickness policies....... 991
Premium Finance Company Act, amended............................ 760
Sickness and accident policies................................. 1009
Taxation of life insurance companies............................ 380
INSURED FINANCIAL INSTITUTIONS
Loans........................................................... 784
INSURRECTIONS
Defined, etc.................................................... 868
INTANGIBLE RECORDING TAX
Exemption
775
5238
INDEX
INTEREST
Act regulating real estate transactions amended............... 480
Bonds................................................................ 384
Industrial Loan Act amended.......................................... 621
Refunds of interest on add-on interest loans.................. 1016
Unliquidated damages ................................................ 681
INTEREST AND USURY
Commercial accounts ................................................. 729
INTERNATIONAL BANKING
Domestic International Banking Facility Act.......................... 770
INVESTIGATIVE GRAND JURIES
Provisions for certain counties (400,000-600,000) (400,000-500,000) . 544
IRRIGATION SYSTEMS
Regulations, etc.................................................... 1256
IRWIN COUNTY
Compensation of chairman of board of commissioners............ 3865
J
JACKSON COUNTY
Compensation of named county officials.............................. 4021
JAIL OVERCROWDING
Executive branch urged to continue study effort............... 1495
JEFFERSON COUNTY
Personnel in office of clerk of superior court 3694
Personnel in sheriffs office....................................... 3691
Personnel in tax commissioners office 3689
JEKYLL ISLAND-STATE PARK AUTHORITY ACT
Ordinances, etc..................................................... 1436
JESUP, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
JOHNSON COUNTY
Compensation of board of commissioners 3984
Small claims court created ......................................... 4031
JOHNSON, RODNEY B.
Compensation for damages............................................ 4909
INDEX
5239
JOINT CITY-COUNTY TAX BOARDS
Act creating in certain counties amended (600,000 or more) (550,000
or more) ................................................. 3283
JOINT-SECRETARY STATE EXAMINING BOARDS
Duties, etc.................................................... 1898
JONES COUNTY
Compensation, county commissioners............................. 3225
Small claims court act amended................................. 4067
JURIES
Alternative provisions for exemptions ........................... 652
Selection of traverse juries in certain counties (250,000-500,000) (350,000-
500,000).................................................. 4242
JUSTICES OF THE PEACE
Constables...................................................... 496
Training Council Act amended ................................... 623
JUVENILES
Definitions, arrests, etc....................................... 862
JUVENILE COURTS
Judges qualifications, etc.................................... 1390
K
KLEIN, DR. JOHN J.
Compensation for damages....................................... 4895
L
LABOR, COMMISSIONER OF
Act regulating employment of children amended .................. 792
Procedure to fill vacancies, proposed amendment to the Constitution. 1913
LABOR, DEPARTMENT OF
Supplemental appropriation...................................... 673
LAGRANGE, CITY OF
Corporate limits............................................... 3106
5240
INDEX
LAMAR COUNTY
Compensation of judge of probate court.................... 3955
Small claims court........................................ 4264
LAND ACQUISITION POLICY ACT OF 1973
Amended..................................................... 1417
LANDSCAPE ARCHITECTS
Exemptions................................................... 781
LANIER COUNTY
Small claims court created ............................... 3452
LAURENS COUNTY
Compensation of tax commissioner.......................... 3982
Small claims court Act amended............................ 3733
LAW ENFORCEMENT OFFICERS
Act providing for indemnification for deaths amended ........ 477
Limitations on tort actions.................................. 655
LEE COUNTY
Small claims court created ................................. 3491
LEESBURG, CITY OF
Charter amended........................................... 3583
LEGAL ADVERTISEMENTS
Fees........................................................ 1808
LEGISLATIVE COUNSEL
Summaries of general proposed amendments to the Constitution. 660
LENDER CREDIT CARD ACT
Amended, annual fees ........................................ 732
LIBERTY COUNTY
Small claims court Act amended............................ 3383
LIBERTY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Project defined
3381
INDEX
5241
LIBRARIES, LAW
Act authorizing amended as to certain counties (550,000 or more). 959
LIBRARY
Long term leases by municipalities to provide library services .. 833
LICENSED PRACTICAL NURSES
Act amended................................................... 1815
LIENS
Actions to enforce........................................... 846
Bonding requirements for mechanics and materialmens liens... 916
Fees, etc. of clerks of the superior courts................... 1396
LIFE INSURANCE COMPANIES
Taxation .................................................... 380
LINCOLNTON, CITY OF
Charter amended............................................... 4024
LITTER CONTROL LAW
Amended..................................................... 1158
LOANS BY INSURED FINANCIAL INSTITUTIONS
Repeal of prior act.......................................... 184
LOCAL GOVERNMENT IMPACT FISCAL NOTES ACT
Enacted.................................................... 1809
LOCAL HOMESTEAD EXEMPTIONS
Procedure, etc. for claiming ................................ Ill
LOCUST GROVE, CITY OF
Elections .................................................... 4114
LONG COUNTY
Clerk of superior court....................................... 4277
Probate court judge .......................................... 4269
Sheriff ...................................................... 4272
Small claims court Act amended 3845
Tax commissioner.............................................. 4274
5242
INDEX
LOUISVILLE, CITY OF
Police court fines.............................................. 3796
M
MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY
Bonds................................................................ 4872
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT
Amended..................................................... 3464
MACON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
MACON COUNTY
Construction of covenant agreements with recreation commission . 1491
Small claims court created ................................. 3120
MACON JUDICIAL CIRCUIT
Additional judge ........................................... 1445
MARIETTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended 4350
Downtown development authority act amended 3736
MARION COUNTY
Compensation of deputy sheriff.............................. 4234
MARKETING ACT OF 1981
Enacted..................................................... 1354
MARRIAGE LICENSES
Issuance in certain counties (600,000 or more) (550,000 or more) 531
MARSHES
Notice of proposed burning............................................ 895
MASTER AND SERVANT
Payment as release, etc............................................... 639
McDonough, city of
New charter ................................................ 3387
INDEX
5243
McDuffie county
Compensation of tax commissioner........................... 4094
McINTOSH COUNTY
Small claims court......................................... 4346
McINTOSH RESERVE HISTORICAL AUTHORITY
Created.................................................... 4697
McLAIN, DONALD B.
Compensation for damages................................... 4906
MECHANICS AND MATERIALMENS LIENS
Bonding requirements ....................................... 916
MEDICAL ASSISTANCE ACT OF 1977
Amended.................................................... 1887
Amended, claims............................................. 917
Amended, commissioners salary.............................. 855
Amended, crimes............................................. 962
MEDICAL INSTITUTIONS
Permits to operate.......................................... 920
MEMORIALS TO THE DEAD
Punishment for removal, etc................................ 1552
MENTAL DISORDERS
Optional insurance coverage................................. 896
MENTAL HEALTH
Joint Local Mental Health and Mental Retardation Governance Study
Committee created....................................... 1502
MENTAL HEALTH SPECIAL STUDY COMMISSION
Created..................................................... 1487
MENTALLY ILL
Hospitalization and treatment procedure 787
MERCER UNIVERSITY SCHOOL OF MEDICINE
Commitment of General Assembly 1470
5244
INDEX
MERIWETHER COUNTY
Compensation of deputy sheriffs............................ 4287
Coroner, clerk of superior court, etc....................... 3189
County commissioners compensation......................... 3172
Small claims court......................................... 3006
METALS
Dealers in precious metals regulated ...................... 1570
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965
Amended...................................................... 4289
Easement of land authorized ................................. 1504
MIDDLE GEORGIA CONSORTIUM, INC.
Incorporation ratified, etc................................. 444
MILLEDGEVILLE PUBLIC FACILITIES AUTHORITY
Created...................................................... 3311
MILLER COUNTY
Board of education, referendum............................... 4713
Small claims court......................................... 3231
MITCHELL COUNTY
Coroners corporation...................................... 3731
Fees received by judge of probate court ..................... 3728
MONROE, CITY OF
Contracts.................................................... 3848
MONROE COUNTY
Small claims court........................................... 4189
MONTGOMERY COUNTY
Small claims court created................................... 3645
MONTROSE, TOWN OF
Charter amended............................................ 4157
MOREHOUSE SCHOOL OF MEDICINE
Committment of General Assembly 1483
INDEX
5245
MORGAN COUNTY
Compensation of board of commissioners.......................... 3883
Compensation of dark of superior court........................... 3875
MOTOR FUEL
Delivery to service stations..................................... 1019
MOTOR VEHICLE CERTIFICATE OF TITLE ACT
Amended.............................................. 473, 617, 644, 883
Scrap metal processors responsibility .......................... 973
MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT
Amended.......................................................... 1441
MOTOR VEHICLES
Accident reparations act amended................................ 1329
Crimes relating to odometer readings, etc........................ 649
Free license plates for prisoners of war......................... 516
Handicapped parking law amended .............................. 624, 677
License plates, etc.............................................. 714
Odometer readings ............................................... 517
Parking, etc. violations by lessees of leased vehicles.......... 1004
Removal of abandoned motor vehicles, etc......................... 469
Safety inspection Act amended................................... 1740
Securing of loads, etc........................................... 705
Used Motor Vehicle Dismantles, Rebuilders, and Salvage Dealers Registration
Act.......................................................... 900
MOTOR VEHICLE SALES FINANCE ACT
Amended.......................................................... 703
MOUNTAIN JUDICIAL CIRCUIT
Additional judge ................................................ 494
MULLINS, MICHAEL R.
Compensation for damages........................................ 4907
MUNICIPAL HOME RULE ACT OF 1965
Amended......................................................... 1741
Amended, reapportionment of council, etc. districts 497
MUNICIPAL ELECTION CODE
Amended.......................................... 1238, 1430, 1728, 1801
Primary expenses................................................. 486
Registrars and deputy registrars 1716
Voter registration list in certain municipalities (less than 20,000) in certain
counties (400,000-600,000)................................... 651
5246
INDEX
MUNICIPAL ELECTIONS
Authority of certain counties to hold (600,000 or more) (550,000 or more) . . . 536
Use of county registration lists by municipalities in certain counties
(400,000-600,000) (400,000-500,000) .............................. 545
MUNICIPALITIES
Abatement of nuisances............................................... 1739
Ad valorem taxation in certain cities (17,000-20,000) in certain counties
(400,000-600,000) (350,000-500,000) .............................. 599
Annexation based upon population of counties (200,000-500,000) (350,000
-500,000)........................................................ 4237
City Business Improvement District Act as to certain cities (400,00 or more).
................................................................ 4531
Deferred compensation for employees .................................. 119
Downtown Development Authorities Law amended......................... 1744
Interest rates on bonds, etc.......................................... 384
Joint City-County Boards of tax assessors in certain counties based on
population of cities (More than 400,000) ......................... 594
Lease of recreational properties by certain municipalities (300,000 or
more)............................................................ 3196
Litter control....................................................... 1758
Long term leases to provide library services.......................... 833
Municipal Home Rule Act of 1965 amended............................... 497
Registration of electors in certain municipalities based upon county
population (400,000-525,000) .................................... 1238
Sale of municipal property............................................ 831
Taxation of wrecker services.......................................... 654
Zoning of annexed land in certain counties (400,000-600,000) (400,000-
500,000)......................................................... 3310
MUNICIPALITIES AND COUNTIES
Recreational systems................................................. 1020
MUNICIPAL PENSION SYSTEMS
Amended as to certain cities (more than 300,000) 3569, 4376
Pension system for members of police departments of certain cities
amended (300,000 or more) 4381
MURRAY COUNTY
Chatsworth-Murray County Water and Sewerage Authority created 3779
Compensation of county commissioner 3021
Compensation of named county officials 3018
MUSCOGEE COUNTY
School district, members, etc........................................ 4885
Valuation of homestead property, proposed amendment to the Constitution......
1926
INDEX
5247
N
NATURAL RESOURCES
Concessions in State Parks and recreational areas.......... 980
NERVOUS DISORDERS
Optional insurance coverage................................ 896
NEWNAN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
NEWTON COUNTY
Compensation of board of commissioners..................... 4719
Compensation of named officials............................ 3304
Industrial development authority Act amended............... 3302
NONPROFIT CORPORATIONS
Reviver procedure.......................................... 1425
NONPROFIT CREDIT UNION DEPOSIT INSURANCE CORPORATION ACT
Amended.................................................... 1241
NORTHEASTERN JUDICIAL CIRCUIT
Salary, etc. of district attorney ............................. 521
NUISANCES
Abatement in municipalities.................................... 1739
Procedure to abate, etc........................................ 867
NURSING HOMES
Disposition of funds in care of nursing homes.................. 848
0
OBSOLETE ACTS
Named acts repealed .......................................... 3
OCMULGEE JUDICIAL COURT
Judges compensation........................................ 168
Terms....................................................... 553
5248
INDEX
ODOMETER READINGS
Crimes ...................................................... 649
Motor vehicle certificate of title Act amended..................... 517
OFFENDER REHABILITATION, DEPARTMENT OF
Cost of maintaining certain prisoners........................ 1434
Damage to employees wearing apparel........................ 1429
OGLETHORPE COUNTY
Small claims court created .................................. 3418
OPTICIANS
State Board of Dispensing Opticians Act amended.................... 1378
OPTOMETRISTS
Group insurance policies for services within scope of optometrists. 817
P
PALMETTO, CITY OF
Homestead exemptions, proposed amendment to the Constitution....... 1928
PARDONS AND PAROLES, STATE BOARD OF
Discretion ........................................................ 1024
PARDONS AND PAROLES
Revocation hearings, etc............................................ 812
PARKING
Handicapped parking law amended ............................ 624, 677
PAT AULA JUDICIAL CIRCUIT
Additional judge ................................................... 508
PATTERSON, City of
New charter ....................................................... 4545
PAULDING COUNTY
Appointment, removal, etc. of named county officials 4279
Civil service system............................................... 4282
Compensation of clerk of superior court and judge of probate court 4221
PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT
Amended 454
Peace officer defined............................................... 710
INDEX
5249
PEACE OFFICERS STANDARDS AND TRAINING ACT
Amended.................................................... 778
PEACH COUNTY
Charter commission created ............................... 4126
PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITY
Powers.................................................... 4267
PELHAM, CITY OF
Conveyance of flagpole.................................... 1528
PENNINGTON, BROOKS
Brooks Pennington Bridge designated ...................... 4900
PENSIONS
Rights of employees of cities and counties based upon population of counties
(More than 550,000).................................... 4299
PERSONNEL BOARD, STATE
Quorum, etc................................................ 1026
PETROLEUM
Act providing for construction, etc. of pipelines, amended 789
PFUND, JOSEPH
Land conveyance............................................ 1510
PHARMACY
Board of Pharmacy Act amended........................... 557, 782
PINE MOUNTAIN, TOWN OF
Town clerk ............................................... 3199
PIPELINES
Act providing for construction, etc. amended 789
PISTOL OR REVOLVER LICENSES
Act amended............................................... 1325
Licenses to carry, retired law enforcement officers........ 946
5250
INDEX
PLANNING AND BUDGET, OFFICE OF
Residential Conservation Service Act of 1981....................... 1258
PLATS
Recording in certain counties (600,000 or more) (550,000 or more) . 3279
POET LAUREATE
Appointment........................................................ 1394
POLICE, CAMPUS
Arrest powers, etc. in certain municipalities (400,000 or more).... 806
POLICEMEN
Pension system in certain counties amended (550,000 or more) (600,000
or more) .................................................. 3257
POLITICAL SUBDIVISIONS
Deferred compensation for employees ............................ 119
Requirements of retirement systems.............................. 931
PORT WENTWORTH, CITY OF
Corporate limits............................................... 3911
POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 197S-
Amended, exemptions............................................. 899
POULTRY HAULING
Code of Public Transportation amended 133
PRACTICAL NURSES
Licensing Act amended ......................................... 1815
PRACTICE AND PROCEDURE
Abatement of nuisances, etc..................................... 867
Abatement of nuisances in municipalities 1739
Bonding requirements, etc. for mechanics and materialmens liens 916
Breach of good behavior bonds................................... 622
Child support recovery act amended 796
Confirmation of sales under foreclosure proceedings on real estate 834
Default judgments............................................... 769
Enforcement of liens............................................ 846
Factors in determining grant of permanent alimony 615
Fees, etc, of clerks of superior court......................... 1396
Garnishment..................................................... 666
Garnishment of certain retirement benefits for alimony or child support 804
INDEX 5251
PRACTICE AND PROCEDUREcontinued
Interest on unliquidated damages................................. 681
Limitation of actions for torts against law enforcment officers . 666
Rules for unified appeals approved.............................. 1532
Suits against representatives of obligors ....................... 852
Trials of certain misdemeanors................................... 828
Visitation of grand parents with grand children under certain
circumstances............................................... 1318
PRISONERS
Costs of maintaining certain prisoners.......................... 1434
Outside work during inclement weather........................... 1421
PRISONERS OF WAR
Free license plates.............................................. 516
PRISON OVERCROWDING
Executive branch urged to continue study effort................. 1495
PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITIES ACT
Amended......................................................... 1331
PRIVATE DETECTIVES
Licensing Act................................................... 1829
PROBATE COURTS
Appointment of county administrators in certain counties (400,000
-600,000) (400,000-500,000).................................. 647
Disposition of fines in certain counties (6,900-6,950).......... 4301
Issuance of marriage licenses in certain counties................ 531
Judges may administer oaths in certain counties (600,000 or more)
(550,000 or more)........................................... 3286
Minimum salaries for judges, etc................................. 518
Offices in certain counties (600,000 or more) (550,000 or more) . 530
PROFESSIONAL CORPORATIONS ACT
Amended.......................................................... 976
PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT
Amended.......................................................... 763
PROPERTY
Acquisition for public road, etc, purposes....................... 878
Disposition of Unclaimed Property Act amended.................... 977
5252
INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Summaries of general amendments 660
PUBLIC CORPORATIONS
Interest rates on bonds, etc.................................. 384
PUBLIC INDECENCY DURING PLAYS, ETC.
Act repealed............................................................ 916
PUBLIC POLICY
Housing, etc. for handicapped citizens................................. 1469
PUBLIC PROPERTY
Sale of municipal property.............................................. 831
PUBLIC REVENUE
Payment of taxes in certain counties (350,000-500,000) (350,000-600,000) 388
PUBLIC REVENUE CODE
Amended............................................. 1554, 1857, 1903
Amended, leased property eligible for homestead exemption in certain
counties (10,450-10,650)............................................ 1267
Tax appraisers......................................................... 1906
PUBLIC SAFETY, BOARD OF
Executive Reorganization Act of 1972 amended 814
PUBLIC SAFETY, DEPARTMENT OF
Powers, duties, etc.................................................... 1450
Security guard division................................................. 984
PUBLIC SALES
Uniform Commercial Code amended 635
PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT
Amended...........................................
Amended, death benefits
Creditable service ...............................
PUBLIC SCHOOLS
Possession of alcoholic beverages on public school grounds
625
INDEX
5253
PUBLIC SERVICE COMMISSION
Code amended................................................. 121
Georgia Cogeneration Act amended ............................ 808
Powers, duties, hearings..................................... 409
PUBLIC TRANSPORTATION, CODE OF
Amended................................................... 953, 955
Vehicles hauling poultry .................................... 133
PUBLIC WAYS
Cost of cleaning, etc. in certain counties (550,000 or more). 3259
PULASKI COUNTY
Deputy sheriffs, etc.................................................. 4181
PULP WOOD AND TIMBER
Sale regulated............................................... 936
PUTNAM COUNTY
Small claims court created ........................................... 3287
-Q-
QUITMAN COUNTY
Small claims court created ........................................... 3212
R
REAL ESTATE
Act regulating transactions amended ......................... 480
Sold signs in certain counties (350,000-500,000) (400,000-500,000) . 4239
REAL ESTATE COMMISSIONER
Powers, duties, etc................................................... 1311
RECORDS
Georgia Records Act amended........................................... 1422
RECREATION EXAMINERS ACT
Amended...................................................... ^23
RECREATIONAL SYSTEMS
Municipalities and counties 1020
5254
INDEX
REGENTS, STATE BOARD OF
Quick start education programs............................... 893
Urged to seek agreements with adjacent states on tuition rates. 1536
REGISTRATION OF GEOLOGISTS ACT OF 1975
Amended...................................................... 777
REGULATION OF DEALERS IN PRECIOUS METALS OR GEMS
Enacted..................................................... 1570
REGULATORY CODES
Enforcement of codes in certain counties (550,000 or more).. 3261
REPEALED ACTS
Named acts relating to the Turner County repealed.............. 3743
Named acts relating to Worth and other counties repealed....... 3739
RESACA, TOWN OF
New Charter................................................. 3746
RESIDENTIAL CONSERVATION SERVICE ACT OF 1981
Enacted..................................................... 1258
RESIDENTIAL FINANCE AUTHORITY ACT
Amended...................................................... 718
RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT
Amended................................................. 1795, 1797
RETIREMENT
Garnishment of benefits for alimony or child support......... 804
Requirements of political subdivision retirement systems..... 931
Act protecting rights in certain counties ammended (550,000 or more)
(600,000 or more)....................................... 3258
Pension system for policemen and firemen in certain counties amended
(550,000 or more) (600,000 or more) .................... 3257
REVENUE
See also Public Revenue Code.
Ad valorem taxation in certain cities (17,000-20,000) in certain counties
(400,000-600,000) (350,000-500,000) ..................................... 599
Delivery of motor fuel to service stations.................................... 1019
Free motor vehicle license plates for prisoners of war........................ 516
Intangible recording tax exemptions........................................... 775
INDEX
5255
REVENUE continued
Joint city-county boards of tax asessors in certain counties based on
population of cities (more than 400,000)........................... 594
Limitations on ad valorem tax executions............................... 791
Motor Vehicle Certificate of Title Act amended............617, 644, 883
Motor vehicle license plates, etc...................................... 714
Payment of taxes in certain counties (600,000 or more) (550,000 or more).... 538
Tax due dates in certain counties (600,000 or more) (550,000 or more) . 533
Taxation of wrecker services........................................... 654
Training classes in areas of county taxation........................... 1022
REVENUE BONDS
Brunswick Port Authority......................................... 604
REYNOLDS, CITY OF
Elections....................................................... 4161
RICHMOND COUNTY
Ad valorem taxation............................................. 3673
City of AugustaCounty of Richmond Criminal Advisory Commission........ 4901
Duties of superintendent of schools............................. 3656
Member of board of education, referendum......................... 3677
School taxes.................................................... 3675
RICHMOND COUNTY, CIVIL COURT OF
Jurisdiction, rules of procedure................................. 3575
RICHMOND COUNTY, STATE COURT OF
Act amended..................................................... 3544
RIVERDALE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
ROCKDALE COUNTY
See also Tabular IndexHome Rule for Counties.
County commission vacancies...................................... 3152
ROOSEVELT, FRANKLIN D., WARM SPRINGS MEMORIAL ADVISORY
COMMITTEE
Executive Reorganization Act of 1972 amended .................... 849
RURAL TELEPHONE COOPERATIVE ACT
Amended, fees, etc. of clerks of superior courts................. 1396
RUSSELL, CITY OF
New charter ..................................................... 3501
5256
INDEX
RUTLEDGE, CITY OF
Police court fines............................................ 3873
S
SAFETY FIRE COMMISSIONER ACT
Amended.................................................... 825, 1779
ST. MARYS, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
New charter .................................................. 4763
SAVANNAH, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Compensation of board of public education, proposed amendment to
the Constitution........................................... 1920
Corporate limits............................................. 3366
Downtown Savannah Authority, powers.......................... 4041
Homestead exemptions, proposed amendment to the Constitution 1917
Municipal court court costs.................................. 3446
SAVANNAH TRANSIT AUTHORITY
Members........................................................ 8101
SCENIC RIVERS ACT OF 1969
Amended, Ebenezer River....................................... 459
SCHOOL DISTRICTS
Interest rates on bonds, etc.................................. 384
SCRAP METAL PROCESSORS
Records, etc.................................................. 973
SCREVEN COUNTY
Salary of clerk of superior court, assistants 3080
SECURITIES
Georgia Securities Act of 1973 amended 840, 1583
SECURITY AGENCIES
Licensing Act 1828
INDEX
5257
SECRETARY OF STATE
Distribution of State flag, etc...................................... 986
Fees, etc............................................................... 1396
Joint-secretary state examining boards .............................. 1898
Procedure to fill vacancies, proposed amendment to the Constitution.. 1913
Proposed constitutional amendments................................... 116
Summaries of general proposed amendments to the Constitution......... 660
SEEDLINGS
Procedures from sale by Forestry Commission............................. 1385
SEMINOLE COUNTY
Judge of probate court placed on salary basis........................ 3254
Tax commissioners compensation......................................... 3251
SEMIQUINCENTENARY COMMISSION
Created................................................................. 1472
SERVICES FOR THE AGED STUDY COMMITTEE
Created................................................................. 1456
SHERIFFS
Compensation in certain counties (500,000 or more) (550,000 or more). 3171
Duties in certain counties (250,000-500,000) (350,000-500,000).......... 4238
Qualifications, etc..................................................... 1334
Transportation, etc. of involuntary patients to mental health facilities. 985
SHERIFFS RETIREMENT FUND OF GEORGIA ACT
Amended............................................... 694, 918, 1853, 1889
SHRIMPING IN BAITED WATERS
Crimes.................................................................. 1003
SICKNESS AND ACCIDENT POLICIES
Provisions ............................................................. 1009
SMALL CLAIMS COURTS
Act creating in certain counties repealed (4,600-5,300) ................ 3450
Act creating in certain counties repealed (6,825-6,925) ................ 3223
Act creating in certain counties repealed (7,040-7,055) ................ 3489
Act creating in certain counties repealed (8,750-8,950) ................ 3574
Act creating in certain counties repealed (11,000-11,300) .............. 3245
Act creating in certain counties repealed (11,775-12,100) .............. 4016
Act creating in certain counties repealed (13,160-13,200) 3103
Act creating in certain counties repealed (13,635-14,765) .............. 3795
5258
INDEX
SMALL CLAIMS COURTScontinued
Act creating in certain counties repealed (16,500-16,700) ........ 3580
Act creating in certain counties repealed (22,830-23,500) ........ 3846
Act creating in certain counties repealed (23,300-23,699) ........ 4018
Act creating in certain counties repealed (23,500-24,100) 3643
Act creating in certain counties repealed (32,300-32,700) ........ 3158
Act creating in certain counties repealed (33,300-34,056) ........ 4243
SMYRNA, CITY OF
Corporate limits.................................................. 4843
SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT
Representatives ................................................... 638
SOUTHEASTERN RAILWAY MUSEUM
Designated an official railway museum.............................. 1498
SOUTHWESTERN JUDICIAL CIRCUIT
Additional judge .................................................. 487
SPALDING COUNTY
Compensation of board of commissioners............................ 4140
Compensation of coroner........................................... 4129
Compensation of named county officials............................ 4137
Compensation of tax commissioner.................................. 4135
Griffin-Spalding County Development Authority Act amended 4875
Jurisdiction of justices of the peace, proposed amendment to the
Constitution................................................... 1933
Sales and use tax, proposed amendment to the Constitution 1934
SPALDING COUNTY, STATE COURT OF
Compensation of judge and solicitor............................... 4131
SPEECH PATHOLOGY
State Speech Pathology and Audiology Licensing Act amended 668
SPINAL-CORD DISABLED
Registration....................................................... 1927
STATE AGENCIES
Liability insurance for State employees 1383
STATE ALCOHOLISM ADVISORY COUNCIL ACT
Amended, effective date
1433
INDEX
5259
STATE AND THE ARTS JOINT STUDY COMMITTEE
Created....................................................... 1480
STATE BOARD OF PARDONS AND PAROLES
Revocation hearings, etc...................................... 812
STATE COURTS
See also Tabular IndexState Courts.
Advancement of court costs in certain counties (190,000-210,000) . 3444
Solicitors compensation in certain counties (300,000-600,000) (300,000
-500,000)..................................................... 3308
STATE DIVISION OF CONSERVATION
Lawsuits...................................................... 637
STATE EMPLOYEES
Automobile mileage allowance.................................. 856
Compensation to employees of penal institutions for damages to wearing
apparel ...................................................... 1429
Deferred compensation......................................... 119
Deferred compensation plan amended............................ 662
Liability insurance............................................... 1383
STATE EMPLOYEES HEALTH INSURANCE PLAN
Amended....................................................... 983
Employee defined, costs....................................... 425
Inclusion of certain vendors.................................. 120
STATE EMPLOYEES RETIREMENT SYSTEM ACT
Amended........................................................... 1447
Judges of Court of Appeals, Justices of the Supreme Court......... 1235
STATE FLAGS
Distribution, etc............................................. 986
STATE PARKS AND RECREATIONAL AREAS
Concessions................................................... 980
STATE PERSONNEL BOARD
Administration of deferred compensation plan.................. 662
Quorum, etc....................................................... 1026
STATE SCHOOL SUPERINTENDENT
Procedure to fill vacancies, proposed amendment to the Constitution
1913
5260
INDEX
STATESBORO, CITY OF
Downtown Statesboro Development Authority............................ 4821
STATUTE OF LIMITATIONS
Tort actions against law enforcement officers................. 655
STEPHENS COUNTY
Small claims court Act amended....................................... 3186
STEPHENS COUNTY, STATE COURT OF
Compensation of judge and solicitor.................................. 3635
Terms................................................................ 3632
STEWART COUNTY
Compensation of deputy sheriff....................................... 3591
STONE MOUNTAIN, CITY OF
Jurisdiction of police court......................................... 4069
SUBSEQUENT INJURY TRUST FUND
Act amended........................................................... 836
SUGAR HILL, CITY OF
Council members, terms, etc.......................................... 3708
SUMTER COUNTY
Compensation of sheriff.............................................. 3477
Compensation of tax commissioner..................................... 3480
Small claims court Act amended....................................... 3798
SUPERIOR COURT CLERKS RETIREMENT SYSTEM ACT
Amended............................................................... 857
SUPERIOR COURT JUDGES RETIREMENT SYSTEM
Act amended............................................... 407, 1232
SUPERIOR COURTS
Appointment of secretaries by district attorneys 672
Assistant district attorneys, compensation 711
Clerks, vacancies, chief deputies 733
Clerks duties in certain counties (300,000-600,000) (300,000-500,000) 546
Clerks fees, etc.................................................... 1396
Clerks qualifications, training, etc.................................. 921
Clerks Retirement Act amended 693
INDEX
5261
SUPERIOR COURTScontinued
Clerks salaries.................................................... 1254
Court costs in certain counties (550,000 or more) (600,000 or more). 541
Court reporters in circuits based on population of counties (250,000-
500,000) (350,000-500,000) ................................... 601
District Attorney Emeritus Act amended ........................... 696
Law clerks in certain circuits...................................... 687
Recording of plats in certain counties (600,000 or more) (550,000 or
more)........................................................ 3279
Senior judges expenses.......................................... 1386
Travel allowance for court reporters.............................. 619
Travel expenses of district attorneys, etc........................ 682
SUPPLEMENTAL APPROPRIATIONS ACT
Enacted........................................................... 184
SUPREME COURT
Justices retirement system amended............................... 1235
SURETYSHIP
Defined, etc...................................................... 870
SWAINSBORO PUBLIC FACILITIES AUTHORITY
Created.......................................................... 4143
T
TALBOT COUNTY
Compensation of county commissioners............................. 3011
Small claims court created....................................... 4860
TATNALL COUNTY
Compensation of board of county commissioners ................... 4075
Compensation of tax commissioner, etc............................ 3948
Small claims court............................................... 4587
TAX ASSESSORS
Joint city-county boards in certain counties based on population of cities
(more than 400,000)........................................... 594
TAX BOARDS
Joint City-County Boards amended (600,000 or more) (550,000 or more) 3283
TAX COLLECTORS
Powers in certain counties (27,500-28,500) ....................... 713
5262
INDEX
TAX COMMISSIONERS
Powers in certain counties (27,500-28,500) 713
TAX EXECUTIONS
Limitations on ad valorem tax executions...................... 791
TAYLOR COUNTY
Compensation of tax commissioners, etc........................ 4163
TAZEWELL, TOWN OF
Charter repealed ............................................. 4245
TEACHER CERTIFICATION
Lifetime certification....................................... 1565
TEACHERS RETIREMENT SYSTEM ACT
Amended......................................... 698, 1327, 1892, 1894
Service prior to January 1, 1945 ............................. 411
TELEVISION
Franchise of cable systems, etc............................... 865
TERRELL COUNTY
Small claims court Act amended............................... 3862
THEFT
Penalty provisions........................................... 1576
THOMSON, CITY OF
Recorders court fines....................................... 3922
TIFT COUNTY
Compensation of chairman of board of commissioners 4088
Compensation of clerk of superior court 4086
Compensation of judge of probate court 4082
Compensation of sheriff...................................... 4090
Compensation of tax commissioner 4084
Small claims court created................................... 4597
Vacancies on board of commissioners 4014
TOOMBS JUDICIAL CIRCUIT
Additional judge 504
INDEX
5263
TOOMSBORO, TOWN OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
TRADE NAMES
Registration, etc............................................ 872
TRAFFIC CONTROL SIGNS
Sale, etc. of unauthorized signs............................... 1826
TRANSPORTATION, DEPARTMENT OF
Land conveyance authorized..................................... 1545
TRAPPERS AND FUR DEALERS
Regulations amended............................................ 1006
TROUP COUNTY
Compensation of county commissioners........................... 4059
TRUELOVE, JAMES W.
Compensation for damages....................................... 4905
TUITION EQUALIZATION GRANTS
Act amended.................................................... 1377
TUITION RATES
Board of Regents urged to seek agreements with adjacent States. 1536
TUNNEL HILL, TOWN OF
Terms of commissioners, etc.................................... 3549
TURNER COUNTY
Named Acts repealed............................................ 3743
Small claims court created .................................... 4393
TYBEE ISLAND, CITY OF
Corporate limits, referendum................................... 4914
U
UNCLAIMED PROPERTY
Disposition of Unclaimed Property Act amended 977, 1330
5264
INDEX
UNFAIR CIGARETTE SALES ACT
Repealed .................................................... 870
UNIFORM COMMERCIAL CODE
Amended...................................................... 634
Fees of clerks of superior court, etc....................... 1396
UNION COUNTY
Compensation of judge of probate court....................... 3868
Expenses of sheriffs office................................. 4104
UNION POINT, CITY OF
Compensation of mayor and council............................ 3535
UNITED STATES
Land conveyance authorized.............................. 1461, 1492
U.S. CONGRESS
Urged to require fiscal notes................................ 134
UNITED TECHNOLOGIES CORPORATION
Land conveyance authorized................................... 421
UNLIQUIDATED DAMAGES
Interest.................................................... 681.
UPSON COUNTY
Small claims court created ................................. 3802
Tax commissioners compensation............................. 3814
USED CAR DEALERS REGISTRATION ACT
Amended...................................................... 767
USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE
DEALERS REGISTRATION ACT
Enacted...................................................... 800
USURY
See also Interest.
Georgia Industrial Loan Act amended 621
INDEX
5265
V
VENDORS
Certain vendors included in State Employees Health Insurance Plan 120
VENUE
Abatement of nuisances............................................. 867
VETERANS OF FOREIGN WARS
Commended ......................................................... 1534
VETERANS SERVICE, DEPARTMENT OF
Act amended................................................ 700
VOLUNTEERS LEGAL SERVICES
Act providing for volunteer legal services in certain counties amended (550,000
or more) (600,000 or more)............................. 4451
W
WADLEY, CITY OF
Recorder .................................................. 3110
WALKER COUNTY
Coroners compensation..................................... 3719
Personnel in office of clerk of superior court 3724
Personnel in tax commissioners office..................... 3721
WALNUT GROVE, CITY OF
New charter ............................................... 4470
WALTON COUNTY
Health insurance plan .................................... 4226
Small claims court created ............................... 3834
WARE COUNTY, STATE COURT OF
Salaries of judge and solicitor .......................... 3016
WAREHOUSES
State Warehouse Act amended ............................... 656
WARM SPRINGS, CITY OF
Land conveyance authorized................................. 1543
5266
INDEX
WARNER ROBINS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
WASHINGTON, CITY OF
Ad valorem taxation.......................................... 3377
WASHINGTON COUNTY
Compensation of clerk of superior court...................... 3991
Compensation of judge of probate court....................... 3999
Compensation of sheriff, etc................................. 3987
Compensation of tax commissioner............................. 3997
WASTE
See also Hazardous Waste.
Transport across State or County boundaries of certain counties (600,000 or
more) (550,000 or more)................................... 537
WAYCROSS, CITY OF
Downtown Waycross Development Authority Act amended.......... 4576
WAYCROSS JUDICIAL CIRCUIT
Additional judge ............................................. 490
WAYNE COUNTY
Compensation of clerk of superior court, etc................. 3348
WELFARE REORGANIZATION ACT OF 1937
Amended as to certain counties (550,000 or more)............. 960
WESTERN JUDICIAL CIRCUIT
Judges compensation.......................................... 178
WHEELER COUNTY
Clerk of superior court placed on salary basis............... 3915
Compensation of county commissioners......................... 3661
Compensation of sheriff...................................... 3666
Judge of probate court placed on salary basis................ 3663
Office of treasurer abolished................................ 4191
Small claims court created .................................. 3558
WHITFIELD COUNTY
Compensation of board of commissioners 4092
Small claims court act amended .............................. 3677
WILDFLOWER WEEK
Designated .................................................. 1849
INDEX
5267
WILKES COUNTY
Compensation of coroners..................................... 4111
Tax commissioner placed on salary basis .................... 3374
WILKINSON COUNTY
Expense allowance for county commissioners................... 3379
WILLIAMS, JERRY WADLEY
Jerry Wadley Williams Bridge designated...................... 4913
WINDER, CITY OF
Land conveyance authorized.................................. 1489
WOODS
Notice of proposed burning................................... 895
WOODSTOCK, CITY OF
Charter amended.............................................. 4815
WORKERS COMPENSATION
Act amended.............................................. 842, 1585
Attorneys fees.............................................. 805
Board members and employees.................................. 114
Group self insurance funds................................... 1759
Subsequent injury trust fund................................. 836
WORTH COUNTY
Named acts repealed ......................................... 3739
Small claims court created................................... 3886
WRECKER SERVICES
Taxation .................................................... 654
WRENS, CITY OF
Police court fines........................................... 3913
Y
YOUTHFUL OFFENDER ACT
Amended, consecutive misdemeanor sentences 676
Z
ZONING INSPECTORS
Issuance of citations in certain counties (600,000 or more) (550,000 or
more).................................................... 3282
5268
INDEX
POPULATION OF GEORGIA COUNTIES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Campbell
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
1522
1980 |
15,565
6,141
9,379
3,808
34,686
8,702
21,293 I
40,760 |
16,000
13,525
151,085
10,767
8,701
15,255
10,175
35,785
19,349
13,665
5,717
13,371
7,518
56,346
36,991
7,343
202,226 j
21,732
21,856
51,699
74,498
3,553
150,357
6,660
297,694
26,894
I
35,376 |
40,118
13,490
39,268
7,684 |
19,489
12,318
4,774
25,495
483,024
16,955
10,826
100,978
54,573
13,158
1970
12,726
5,879
8,233
3,875
34,240
6,833
16,859
32,911 |
13,171 I
11,556
143,366
10,291
5,940
13,743
6,539
31,585
18,255
10,560
6,606
11,334
6,412
45.404
28,271
5,680
187,816 |
25,813
20,541
31,059
65,177
3,636
98,126
6,405
196,793
22,828
32,298 I
22,327 I
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 |
1960
13,246
6,188
8,359
4,643
34,064
6,497
14,485
28,267
13,633
12,038
141,249
9,642
5,891
15,292
6,226
24,263
20,596
8,976
7,341
9,975
6,672
36,451
21,101
6,313
188,299
13,011
19,954
23,001
45,363
4,651
46,365
6,545
114,174
21,953
34,048 |
13,423
11,822
28,893
5,816
17,768
8,666
3,590
25,203
256,782
16,483
11,474
76,680
16,741
13,151 |
I960
14,003
7,362
8,940
6,962
29,706
6,935
13,115
27,370
14,879
13,966 |
I
114,079 |
9,218
6,387
18,169
5,965
24,740
23,458
9,079
8,578
7,322
8,063
34,112
15,146
4,821
I
151,481
12,149
21,197
20,750
36,550
5,844
22,872
6,007
61,830
23,961
33,999
9,525
12,201
27,786
6,080
17,663
7,364
3,712
23,620
136,396
17,865
14,159
43,617
12,173
17,413 |
191,0
14.497
7,093
8,096
7,344
24,190
8,733
13,064
25,283
14,523
15,370
83,783
9,655 |
6,871 |
20.497 |
6,288 |
26,010
26,520
9,182
10,438
6,910
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655 |
6,437 |
38,272 (
21,541
33,012 i
9,433 |
11,919 j
26,972 |
7,128 |
I
17,540 |
5,894 |
4,479 |
22,234 |
86,942 |
I
21,022 |
16,886 |
28,665 |
10,053 |
18,679 |
1930
13,314
6.894
7,066
7,818
22,878
9,703
12,401
25,364
13,047
14,646
77,042
9,133
6.895
21,330
6,952
26,509
29,224
9,345
10,576
6,338
9,903
8,991
34.272
9,421
4,381
105,431
8,894
15.407
20,003
26,613
6,943
10,260
7,016
36.408
19,739
30.622
8,793
11,311
25,127
7,020
17,343
4,146
3,502
23.622
70,278
21,699
18,025
22,306
9,461
18.273
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
| 1980
| 2,297
| 18,327
I 18,758
i 20,795
I 8,428
| 14,748
| 29,043
1 79,800
| 27,958
I 15,185
I 589,904
i 11,110
I 2,382
I 54,981
j 30,070
| 19,845
I 11,391
I 166,903
1 25,020
I 75,649
1
9,466
18,422
15,464
18,585
6,520
36,309
77,605
8,988
25,343
7,553
11,473
18,403
8,841
8,660
16,579
12,215
I 5,654
I 36,990
I 11,684
I 37,583
I
| 6,949
| 4,524
| 67,972
| 10,762
18,546
8,046
14,003
17,747
5,297
21,229
1970
1,924
13,632
17,262
18.357
7,290
13.357
11,364
73,742
16,928
12,784
605,210
8,956
2,280
50,528
23,570
17,826
10,212
72,349
20,691
59,405
9,019
15,927
11,520
15,814
5,354
23,724
62,924
8,036
21,093
5,760
9,425
17,174
8,332
7.727
12,270
10,688
5,031
32,738
7,044
17,569
5,895
3,746
55,112
8.728
15,276
7,371
12,933
I 13,517
| 5,099
| 19,461
1960
I, 876
10,144
17,835
17,815
6,952
13,620
8,199
69,130
12.170
13,274
556,326
8,922
2,672
41,954
19.228
18,015
11,193
43,541
18,116
49,739
9,979
14,543
11,167
15.229
5,333
17,619
39,154
9,211
18,499
6,135
8,914
17,468
9,148
8,048
8,468
10,240
5,097
32,313
6,204
14,487
5,906
3,874
49,270
7,241
12,627
6,364
13.170
II, 246
5,477
19,756
1950
2,494
9,133
18,585
19,789
6,653
15,192
7,978
62,899
11,005
14,446
473,572
9,963
3,579
29,046
18,922
18,928
12,843
32,320
16,553
40,113
11,052
14,663
11,265
14,495
6,975
15,857
20,964
11,973
18,997
7,473
9,299
18,855
10,264
9,893
7,538
10,242
5,151
33,123
6,674
8,444
6,462
3,598
35,211
6,574
11,443
6,008
14,213
12,238
6,521
21,055
| 1950
| 2,964
| 9,646
| 19,618
| 23,517
I 7,401
| 14,752
| 8,170
| 56,141
| 11,322
| 15,612
| 392,886
| 9,001
| 4,547
| 21,920
| 18,445
| 19,654
| 13,709
| 29,087
| 14,771
| 34,822
I 12,764
| 14,377
| 11,428
| 15,512
| 8,610
| 15,119
| 11,303
| 12,936
| 20,089
| 8,772
| 8,841
| 20,040
| 11,843
| 12,953
| 8,331
| 10,091
5,632
| 33,606
| 7,837
| 8,595
| 7,042
| 4,086
| 31,860
| 6,223
| 10,878
| 5,292
[ 15,947
| 13,431
| 6,954
| 22,065
5269
19 SO
2.744
10,164
18,485
24,101
7.102
12,969
8,665
48,677
10,624
15,902
318,587
7,344
4,388
19,400
16,846
19,200
12,616
27,853
12,748
30,313
13,070
13,263
11,140
15,174
9.102
15,924
11,280
12,199
21,609
8,594
8,118
20,727
12,908
12,681
8,992
9.745
5,190
32,693
8,328
8,153
7,847
4,180
29,994
4,927
9,014
5,763
16,643
14,921
6,968
22,437
5270
INDEX
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
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
| 1980
7,038
I
| 21,114
| 14,610
j 7,011
I 11,572
19,685
I 170,108
i 34,439
12,427
8,929
26,042
19,151
11,652
11,897
|
| 8,937
32,386
! 8,950
! 10,295
! 2,357
10,466
9,599
181,629
36,747
3,433
j 14,043
9,057
47,899
21,763
5,896
29,360
6,534
2,032
18,134
I 7,902
I
11,445
I 12,017
38,098
I 32,862
22,592
5,638
! 6,087
I 50,003
9,510
9,354
9,390
25,998
56,470
31,211
37,180
1970
6,424
18,956
10,991
6,099
9,904
12,986
167,377
26,282
7,915
7,598
17,520
15,990
9,620
9,281
7,316
29,656
8,066
8,394
2,180
8,327
8,734
162,437
18,152
3,097
12,591
7.059
39,514
20,331
6.511
26,931
6,625
2,423
16.557
7,865
11.394
11,416
34,562
27,288
19,151
4,565
5,647
44,466
8,790
8,222
6,811
23,505
50,691
23,404
33,525
1960
6,908
19.652
10,495
6,284
10,280
10,447
158,623
20,999
6,304
7,926
13,101
13,846
8,903
9,678
7,138
28,015
8,204
7,798
2,432
7,456
11,078
135,601
10,572
3,256
14,919
6,802
35,404
18,391
7,371
24.652
7,127
3,370
15.837
8,311
11,715
12,742
34,319
23,487
16.837
4,538
5,874
47,189
8,439
7,935
6,510
23,800
45.264
20,481
34,219
1950
9,023
22,528
10,523
7,901
11,899
10,676
118,028
20,185
7,009
9,958
11,752
11,705
8,855
11,112
8,459
30,976
8,808
7,731
3,015
7,424
13,804
108,876
8,464
4,036
18,000
7,904
31,045
16,647
9,194
24,208
7,687
4,515
15,939
9,113
13,221
14,314
33,932
22,645
17,382
4,803
6,522
49,841
10,479
8,308
7,318
25,078
38,198
20,230
30,289
19 UO
9,998
23,261
10,749
9,668
12,713
I. ,137
75,494
18,576
7,576
12,430
12,832
10,378
9,136
II, 800
10,375
28,467
9,829
8,514
3,435
7,821
16,609
81,863
7,724
5,033
20,353
8,492
28,427
12,972
10,603
24,502
8,141
6,278
16,243
10,768
15,145
16,675
31,289
18,599
16,952
4,925
7,632
43,879
10,846
9,117
7,680
25,064
31.024
20,777
27,929
19 SO
9,076
6,730
23,620
11,606
10,020
12,488
9,215
57.558
17.290
8,082
12,927
12,327
10,268
9,687
12,522
10,853
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
5,347
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
15,411
10,617
14,997
18.290
32,612
16,068
17,165
4,346
7,488
36,752
11,196
8,372
6,340
19,509
26,206
21,118
26.558
INDEX
5271
County
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
Total
1980
6,583
18,842
20,750
2,341
5,155
10,120
65,780
7,682
10,951
10,368
18,064
1970 j
6,669 |
17,480 |
17,858 !
2,362 t
4,596 i
I
7,742 |
55,108 |
6,998 |
10,184
9,393 I
14,770 |
1960 |
7,360 j
18,903 |
17,921 |
3,247 |
5,342
6,935 |
42,109 |
7,905 |
10,961 |
9,250
16,682 i
1950 |
8,779 I
21,012 |
14,248 I
4,081 |
6,712 |
I
5,951 |
34,432 |
10,167 |
12,388 |
9,781 |
19,357 |
1950 |
10,236 1
24,230
13,122 1
4,726 i
8,536 |
I
6,417 |
26,105 I
12,755 |
15,084 i
11,025 i
21,374 ]
I
I960
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
i 5,464,265 4,589,575 | 3,943,116 j 3,444,578 | 3,123,723 | 2,908,506
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
County
Taliaferro
Echols.....
Webster
Quitman
Glascock
Schley.....
Clay.......
Baker
Long
Dawson.....
Wheeler
Marion.....
Towns......
Lanier
Calhoun
Stewart....
Treutlen
Atkinson
Heard
Talbot.....
Warren.....
Clinch.....
Lincoln
Montgomery
Miller.....
Charlton
Candler
Jasper.....
Wilcox.....
Crawford
Taylor.....
McIntosh .
Evans .....
Johnson
Brantley
Banks......
Jenkins
Oglethorpe
Pike.......
Pulaski
Irwin......
Seminole
Population
2,032
. . . . 2,297
. ... 2,341
. . . . 2,357
2,382
.. . . 3,433
3,553
. . . . 3,808
. . . . 4,524
. . . . 4,774
5,155
. . . . 5,297
.. .. 5,638
5,654
. . . . 5,717
5,896
6,087
. 6,141
6,520
6,534
6,583
6,660
6.949
7,011
. . . . 7,038
7,343
. . . 7,518
. . . . 7,553
. 7,682
7,684
. . . . 7,902
. . 8,046
. . . . 8,428
8,660
8,701
. . . . 8,702
. . 8,841
8,929
8,937
8.950
. . . 8,988
. . 9,057
County
Twiggs
Bacon
Union . .
Hancock
Turner
Randolph
White . . -
Bryan
Putnam.
Wilkinson
Rabun
Lumpkin
Bleckley
Dooly
Wilkes...
Gilmer
Greene
Telfair. . -
Jeff Davis
Morgan . .
Pickens
Lee .....
Pierce
Terrell
Lamar
Dade ....
Oconee
Early ....
Camden .
Cook
Berrien
Butts
Macon
Screven
Monroe . .
Fannin .
Franklin .
Brooks
Harris
Appling
Ben Hill .
Jones
Population
.... 9,354
9,379
. . 9,390
9,466
. . 9,510
... 9,599
... 10,120
. 10,175
. . 10,295
. . . 10,368
. 10,466
. . . 10,762
. ... 10,767
... 10,826
10,951
. .. . 11,110
. 11,391
... 11,445
. . . 11,473
. 11,572
11,652
11,684
11,897
. 12,017
. 12,215
12,318
12,427
13,158
13,371
13,490
. 13,525
13,665
14,003
14,043
14,610
. . . . 14,748
. . . . 16,185
15,255
15,464
15,565
16,000
16,579
5272
INDEX
County
Dodge........
Madison......
Worth........
Tattnall ....
Effingham....
Jefferson....
Haralson.....
McDuffie
Hart ........
Elbert ......
Washington . - .
Peach .......
Burke........
Crisp........
Murray.......
Grady........
Wayne........
Emanuel.....
Mitchell....
Meriwether . .
Barrow......
Chattahoochee
Stephens....
Chattooga
Toombs......
Habersham . .
Jackson ....
Decatur.....
Upson.......
Paulding
Coffee......
Forsyth.....
Fayette.....
Sumter......
Gordon
Walton......
Polk........
Tift........
Population
16,955
. . . 17,747
18,064
... 18,134
... 18,327
. 18,403
... 18,422
18,546
. . . . 18,585
. . . . 18,758
. . . . 18,842
. 19,151
19,349
19,489
. . 19,685
. . . . 19,845
. . . . 20,750
. . 20,795
. ... 21,114
. . 21,229
. . 21,293
. ... 21,732
... 21,763
. . 21,856
. . 22,592
. . . 25,020
. . 25,343
. . 25,495
. . 25,998
. 26,042
. 26,894
. . 27,958
. 29,043
. 29,360
. 30,070
. . 31,211
32,386
. . 32,862
County
Newton . ..
Baldwin
Colquitt .
Bulloch .
Henry
Rockdale
Laurens
Catoosa
Ware.....
Liberty .. .
Thomas. . .
Coweta . ..
Columbia
Bartow . . .
Spalding
Troup
Cherokee .
Douglas.
Glynn
Carroll
Walker . . .
Whitfield
Lowndes ..
Clarke
Hall.....
Houston
Floyd....
Dougherty
Clayton .
Bibb ....
Gwinnett
Muscogee
Richmond
Chatham
Cobb.....
Dekalb
Fulton.
Total. . .
Population
34,439
34,686
. 35,376
. 35,785
36,309
. . . . 36,747
. . 36,990
36,991
. . . . 37,180
. . 37,583
. . 38,098
. 39,268
... 40,118
. . 40,760
47,899
. . 50,003
51,699
. . . . 54,573
54,981
. . 56,346
. . 56,470
. 65,780
.... 67,972
.... 74,498
. . . 75,649
. 77,605
. 79,800
.... 100,978
. 150,357
... 151,085
166.903
. 170,108
.. 181,629
. 202,226
.297,694
. .483,024
589.904
5,464,265
MEMBERS OF THE GENERAL ASSEMBLY
5273
GEORGIA STATE SENATE
COUNTY
Senatorial
District
County
Senatorial
District
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 _______
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
53
51
46
11
28,44
7
32, 33, 56
8, 19
9
24
8
28.30
17
13
53
50
10
j 5, 41-43, 55
19
13
12,14
30.31
11
7
3
47
21
4
50
28,34
52
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
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
5274
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA STATE SENATE
County
Senatorial
District
County
Senatorial
District
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
MEMBERS OF THE GENERAL ASSEMBLY
5275
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1980-1981
District Name
Address
22Thomas F. Allgood....................712 Montrose Ct., Augusta 30904
45 w. D. (Don) Ballard.........1122 Monticello St., Covington 30209
18Ed Barker....................... P.O. Box KK, Warner Robins 31099
33 Roy E. Barnes.................... 639 Maran Lane, Mableton 30059
5Robert H. (Bob) Bell..... 2535 Henderson Mill Rd. N.E., Atlanta 30345
39 Julian Bond....................361 Westview Dr. S.W., Atlanta 30310
13Rooney L. Bowen.........................P.O. Box 417, Vienna 31092
51 Max Brannon............................P.O. Box 1027, Calhoun 30701
56Haskew H. Brantley, Jr...............P.O. Box 605, Alpharetta, 30201
46 Paul Collins Broun..................... 165 Pulaski St., Athens 30601
47 M. Parks Brown......................P.O. Box 37, Hartwell 30643
3Glenn E. Bryant....................... P.O. Box 585, Hinesville 31313
28Kyle Trueman Cobb....................... P.O. Box 1010, Griffin 30224
1J. Tom Coleman, Jr....................P.O. Box 22398, Savannah 31403
40 Paul Douglas Coverdell.....2015 Peachtree Rd. N.E., Atlanta 30309
49 j. Nathan Deal...................P.O. Box 2522, Gainesville 30503
31Nathan Dean.............................P.O. Box 606, Rockmart 30153
7Frank Eldridge, Jr....................P.O. Box 1968, Waycross 31501
21Bill English.........................P.O. Box 521, Swainsboro 30401
34 Bev Engram.......... 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213
37Todd Evans..................P.O. Box 8276; Station F, Atlanta 30306
52 Dan H. Fincher.............. 1392 Horseleg Creek Rd., Rome 30161
54w. W. (Bill) Fincher, Jr........P.O. Drawer 400, Chatsworth 30705
50 John C. Foster......................P.O. Box 100, Cornelia 30531
30Wayne Garner................Route 9, Chapel Heights, Carrollton 30117
20Hugh Marion Gillis......................P.O. Box 148, Soperton 30457
26Richard L. Greene............... Suite 517, First National Bank Bldg.,
29Render Hill.............
12A1 Holloway.............
17Janice S. Horton........
42 Pierre Howard.......
15 Floyd Hudgins.......
35 Perry J. Hudson.....
4Joseph E. Kennedy........
25Culver Kidd.............
16 Ted J. Land
23 Jimmy Lester........
6Bill Littlefield.........
24 Sam P. McGill.......
14Lewis H. (Bud) McKenzie
48Steve Reynolds..........
27Lee Robinson............
43 Thomas R. (Tom) Scott
44 Terrell Starr
36 Jack L. Stephens ...
Macon 31202
.........P.O. Box 246, Greenville 30222
............P.O. Box 588, Albany 31702
.... 430 Burke Circle, McDonough 30253
1105-H Clairmont Ave., Decatur 30030
....... P.O. Box 12127, Columbus 31907
3380 Old Jonesboro Rd., Hapeville 30354
........... P.O. Box 246, Claxton 30417
........P.O. Box 370, Milledgeville 31061
..... 3736 Woodruff Rd., Columbus 31904
First Federal Savings Bldg., 985 Broad St.,
Augusta 30902
P.O. Box 833, Brunswick 31520
.........P.O. Box 520, Washington 30673
.........P.O. Box 565, Montezuma 31063
..... 297 Craig Drive, Lawrenceville 30245
..... 864 Winchester Circle, Macon 31210
...... 2887 Alameda Trail, Decatur 30034
. 4766 Tanglewood Lane, Forest Park 30050
......2484 Macon Dr. S.E., Atlanta 30315
5276
MEMBERS OF THE GENERAL ASSEMBLY
55Lawrence (Bud) Stumbaugh
53E. G. Summers.........
9Franklin Sutton .......
38Horace E. Tate........
32Joe Thompson..........
11Jimmy Hodge Timmons .. .
10Paul Trulock..........
8Loyce W. Turner........
41James W. (Jim) Tysinger
19Ronnie Walker ........
2Charles Henry Wessels ....
............... 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 S. Woodlawn St., Blakely 31723
..........P.O. Box 68, Climax 31734
........ P.O. Box 157, Valdosta 31601
3781 Watkins Place N.E., Atlanta 30319
..........P.O. Box 461, McRae 31055
........P.O. Box 187, Savannah 31402
MEMBERS OF THE GENERAL ASSEMBLY
5277
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1980-81
District Name
Address
1 J. Tom Coleman, Jr......
2 Charles Henry Wessels . . .
3 Glenn E. Bryant.........
4 Joseph E. Kennedy.......
5 Robert H. (Bob) Bell....
6 Bill Littlefield........
7 Frank Eldridge, Jr......
8 Loyce W. Turner.........
9 Franklin Sutton ........
10 Paul Trulock............
11 Jimmy Hodge Timmons .
12 A1 Holloway.............
13 Rooney L. Bowen.........
14 Lewis H. (Bud) McKenzie
15 Floyd Hudgins...........
16 Ted J. Land.............
17 Janice S. Horton........
18 Ed Barker...............
19 Ronnie Walker ..........
20 Hugh Marion Gillis......
21 Bill English............
22 Thomas F. Allgood.......
23 Jimmy Lester............
24 Sam P. McGill...........
25 Culver Kidd.............
26 Richard L. Greene.......
...........P.O. Box 22398, Savannah 31403
.............P.O. Box 187, Savannah 31402
............ P.O. Box 585, Hinesville 31313
.............. P.O. Box 246, Claxton 30417
2535 Henderson Mill Rd. N.E., Atlanta 30345
............P.O. Box 833, Brunswick 31520
............P.O. Box 1968, Waycross 31501
............. P.O. Box 157, Valdosta 31601
..............Route 1, Norman Park 31771
................P.O. Box 68, Climax 31734
........132 S. Woodlawn St., Blakely 31723
...............P.O. Box 588, Albany 31702
...............P.O. Box 417, Vienna 31092
...........P.O. Box 565, Montezuma 31063
.......... P.O. Box 12127, Columbus 31907
....... 3736 Woodruff Rd., Columbus 31904
....... 430 Burke Circle, McDonough 30253
....... P.O. Box KK, Warner Robins 31099
...............P.O. Box 461, McRae 31055
.............P.O. Box 148, Soperton 30457
...........P.O. Box 521, Swainsboro 30401
..........712 Montrose Ct., Augusta 30904
. . . First Federal Savings Bldg. 985 Broad St.,
Augusta 30902
...........P.O. Box 520, Washington 30673
P.O. Box 370, Milledgeville 31061
...... Suite 517, First National Bank Bldg.,
Macon
27 Lee Robinson..................... 864 Winchester Circle, Macon
28 Kyle Trueman Cobb ................. P.O. Box 1010, Griffin
29 Render Hill........................P.O. Box 246, Greenville
30 Wayne Garner.............Route 9, Chapel Heights, Carrollton
31 Nathan Dean...........................P.O. Box 606, Rockmart
32 Joe Thompson....................... P.O. Box 1045, Smyrna
33 Roy E. Barnes...................... 639 Maran Lane, Mableton
34 Bev Engram........... 749 Pinehurst Dr., P.O. Box 431, Fairburn
35 Perry J. Hudson.......... 3380 Old Jonesboro Rd., Hapeville
36 Jack L. Stephens .............2484 Macon Dr. S.E., Atlanta
37 Todd Evans...............P.O. Box 8276; Station F, Atlanta
38 Horace E. Tate..................621 Lilia Dr. S.W., Atlanta
39 Julian Bond.................361 Westview Dr. S.W., Atlanta
40 Paul Douglas Coverdell....2015 Peachtree Rd. N.E., Atlanta
41 James W. (Jim) Tysinger.. 3781 Watkins Place N.E., Atlanta
42 Pierre Howard............ 1105-H Clairmont Ave., Decatur
43 Thomas R. (Tom) Scott......... 2887 Alameda Trail, Decatur
44 Terrell Starr............ 4766 Tanglewood Lane, Forest Park
45 W. D. (Don) Ballard...........1122 Monticello St., Covington
31201
31210
30224
30222
30117
30153
30080
30059
30213
30354
30315
30306
30310
30310
30309
30319
30030
30034
30050
30209
5278
MEMBERS OF THE GENERAL ASSEMBLY
46 Paul Collins Broun.......
47 M. Parks Brown...........
48 Steve Reynolds...........
49 J. Nathan Deal...........
50 John C. Foster...........
51 Max Brannon..............
52 Dan H. Fincher...........
53 E. G. Summers............
54 W. W. (Bill) Fincher, Jr.
55 Lawrence (Bud) Stumbaugh . .
56 Haskew H. Brantley, Jr...
........ 165 Pulaski St., Athens 30601
........P.O. Box 37, Hartwell 30643
. . 297 Craig Drive, Lawrenceville 30245
.....P.O. Box 2522, Gainesville 30503
........P.O. Box 100, Cornelia 30531
........P.O. Box 1027, Calhoun 30701
. 1392 Horseleg Creek Rd., Rome 30161
.....P.O. Box 499, LaFayette 30728
. . . P.O. Drawer 400, Chatsworth 30705
................ 1071 Yemassee Trail,
Stone Mountain 30083
.....P.O. Box 605, Alpharetta, 30201
MEMBERS OF THE GENERAL ASSEMBLY
5279
GEORGIA HOUSE OF REPRESENTATIVES
County
House
District
County
House
District
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________
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
161
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
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
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
5280
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA HOUSE OF REPRESENTATIVES
County
House
District
County
House
District
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Sthepens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
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
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
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
5281
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1980-81
District Representative
Address
56-Post 2....Betty Aaron.............
36...........G. D. Adams.............
14...........John Adams..............
79...........Marvin Adams ...........
21-Post 1....Fred Aiken..............
8-Post 2..W. G. (Bill) Hasty, Sr.
63...........Bob Argo................
154..........Dean A. Auten...........
140 Ralph J. Balkcom........
83...........Emory E. Bargeron.......
108..........Wilbur E. Baugh.........
28...........Alveda King Beal........
148..........James M. Beck...........
72-Post 2....Jimmy Benefield.........
38...........Lorenzo Benn............
103..........Kenneth Wilson Birdsong
94 ........Sanford D. Bishop, Jr.
30 Paul Bolster............
137..........Paul S. Branch, Jr......
70 Claude A. Bray, Jr......
34...........Tyrone Brooks ..........
95 Thomas B. Buck, III . . . .
3920 Johns Hopkins Ct.
Decatur 30034
532 St. Johns Ave.
Atlanta 30315
7 East Creekview Dr.
Rome 30161
709 Greenwood Rd.
Thomaston 30286
4020 Pineview Dr., S.E.
Smyrna 30080
Route 8, Hilton Dr.
Canton 30114
P.O. Box 509
Athens 30603
628 King Cotton Row
Brunswick 31520
Route 1
Blakely 31723
P.O. Box 447
Louisville 30434
P.O. Box 926
Milledgeville 31061
.75 Piedmont Ave.,
Suite 236
Atlanta 30303
2427 Westwood Dr.
Valdosta 31601
.6656 Morning Dove Place
Jonesboro 30236
.579 Fielding Lane, S.W.
Atlanta 30311
Route 1
Gordon 31031
P.O. Box 709
Columbus 31902
1043 Ormewood Ave. S.E.
Atlanta 30316
Route 4, Box 499-A
Fitzgerald 31750
.617 Mayes Way
Manchester 31816
Station A
P.O. Box 11025
Atlanta 30310
P.O. Box 196
Columbus 31902
5282
MEMBERS OF THE GENERAL ASSEMBLY
21-Post 2
47.......
138-Post 2
96.......
Ill.......
73.......
131.......
129.......
89.......
15.......
51.......
55.......
13-Post 1
23.......
118........
144........
4-Post 1
87........
43-Post 1.
141........
5........
150........
98........
17........
19-Post 3.
33........
A. L. (Al) Burruss........
. Joe Burton..............
Roger C. Byrd.............
. Gary C. Cason...........
Don Castleberry...........
. G. Richard Chamberlin...
Tommy Chambliss...........
George A. Chance, Jr......
Donald E. (Don) Cheeks
E. M. (Buddy) Childers
Mrs. Mobley (Peggy) Childs
Betty J. Clark............
Louie Max Clark...........
Luther S. Colbert.........
Terry L. Coleman..........
Marcus E. Collins, Sr.....
Carlton H. Colwell........
Jack Connell..............
Barbara H. Couch..........
Walter E. Cox.............
John G. Crawford..........
Tom Crosby, Jr............
Bryant Culpepper..........
Bill Cummings ............
P.O. Box 6338-A
Marietta 30065
. 2598 Woodwardia Rd.
N.E., Atlanta 30345
.302 N. Rogers St.
Hazlehurst 31539
. 3128 College Dr.
Columbus 31907
P.O. Box 377
Richland 31825
P.O. Box 378
Stockbridge 30281
P.O. Box 2008
Albany 31702
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
495 Houze Way
Roswell 30076
P.O. Box 157
Eastman 31023
Route 1
Pelham 31779
P.O. Box 850
Blairsville 30512
P.O. Box 308
Augusta 30903
2864 W. Roxboro Rd.,
N.E., Atlanta 30324
202 West St.
Bainbridge 31717
Route 1, Box 518
Lyerly 30730
705 Wacona Dr.
Waycross 31501
P.O. Box 490
Fort Valley 31030
Route 1, 508 Morgan
Valley Rd.
Rockmart 30153
George W. (Buddy) Darden........P.O. Box 997
Marietta 30061
J. C. (Julius C.) Daugherty, Sr. ... 202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
MEMBERS OF THE GENERAL ASSEMBLY
5283
99 Burl Davis...............
45 J. Max Davis.............
124 Lamar W. Davis, Jr.......
29...........Douglas C. Dean..........
85...........R. A. Dent...............
151.............Harry Dixon .............
74...........Denny M. Dobbs...........
11...........Bill Dover...............
110.............Ward Edwards ............
49 Ewell H. (Hank) Elliott
84...........Warren D. Evans..........
22 Mrs. Dorothy Felton......
71-Post 1....James R. (Jim) Fortune, Jr.
6-Post 2....R. L. (Shorty) Foster....
27...........Cynthia Fuller...........
16...........Ken Fuller...............
97 Mary Jane Galer..........
122 Ronald E. (Ron) Ginsberg .
32...........Mildred Glover...........
82...........John F. Godbee ..........
43-Post 3....John W. Greer ...........
80 Benson Ham...............
31 Mrs. Grace T. Hamilton .
130..........Bob Hanner...............
8-Post 1....Joe Frank Harris.........
740 Mulberry St.
Macon 31201
1177 W. Nancy Creek
Dr., N.E.
Atlanta 30319
P.O. Box 1567
Savannah 31402
356 Arthur St. S.W.
Atlanta 30310
1120 Pine St.
Augusta 30901
1303 Coral Rd.
Waycross 31501
125 Hardwick Dr.-Almon
Covington 30209
Timbrook
Hollywood 30523
P.O. Box 146
Butler 31006
.411 Decatur Federal
Bldg.
Decatur 30030
P.O. Box 539
Thomson 30824
.465 Tanacrest Dr. N.W.
Sandy Springs 30328
.683 Brook Circle
Griffin 30223
.4899 Tibbs Bridge Rd.,
S.E., Dalton 30720
.742 Myrtle St., N.E., #9
Atlanta 30308
.5 Lenox Circle
Rome 30161
.7236 Lullwater Rd.
Columbus 31904
P.O. Box 10105
14 E. State St.
Savannah 31412
735 Lawton St. S.W.
Atlanta 30310
.401 Lane St.
Brooklet 30415
802 Healey Building
Atlanta 30303
. 20 E. Main St.
Forsyth 31029
582 University Place
N.W., Atlanta 30314
Route 1
Parrott 31777
. 712 West Ave.
Cartersville 30120
5284
MEMBERS OF THE GENERAL ASSEMBLY
20-Post 2.....Carl Harrison .............
8- Post 2.W. G. (Bill) Hasty, Sr.....
50............John Hawkins
1-Post 2....Forest Hays, Jr............
127...........Bobby L. Hill..............
39 .........Bob Holmes.................
116 ........George Hooks...............
104...........Frank Horne................
133...........R. S. (Dick) Hutchinson
10............Jack Irvin, Sr.............
20-Post 1.....Johnny Isakson.............
9- Post 3.Jerry D. Jackson...........
75............Neal Jackson...............
77 .........Wm. S. (Bill) Jackson......
117 ........Ben Jessup.................
66-Post 1...Gerald Johnson.............
72-Post 4...Rudolph Johnson............
78 .......William Bailey Jones....
126...........Herbert Jones, Jr........
106 Randolph C. (Randy) Karrh
139 Rene D. Kemp
65..........Thomas (Mac) Kilgore
112...........E. Roy Lambert.............
40 .......Dick Lane .................
81..........Bob Lane...................
P.O. Box 1374
Marietta 30061
Route 8, Hilton Dr.
Canton 30114
1360 Harvard Rd. N.E.
Atlanta 30306
Route 3, St. Elmo
Chattanooga, TN 37409
923 West 37th St.
Savannah 31401
2073 Cascade Rd. S.W.
Atlanta 30311
P.O. Box 928
Americus 31709
612 Georgia Power Bldg.
Macon 31201
915 Sixth Ave.
Albany 31701
Route 1, Box 217
Baldwin 30511
.5074 Hampton Farms Dr.
Marietta 30067
P.O. Box 7275
Chestnut Mountain
30502
.316 N. Broad St.
Monroe 30655
.3907 Washington Rd.
Martinez 30907
P.O. Box 468
Cochran 31014
P.O. Box 815
Carrollton 30117
.5888 Jonesboro Rd.
Morrow 30260
P.O. Box 3933
Jackson 30233
413 Arlington Rd.
Savannah 31406
P.O. Drawer K
Swainsboro 30401
P.O. Box 497
Hinesville 31313
. 1992 Tara Circle
Douglasville 30135
.543 North Main St.
Madison 30650
.2704 Humphries St.
East Point 30344
. 105 Wilton Dr.
Statesboro 30458
P.O. Box 53
Gainesville 30503
9-Post 2
Bobby Lawson
MEMBERS OF THE GENERAL ASSEMBLY
5285
72-Post 1.....Wm. J. (Bill) Lee................5325 Hillside Dr.
Forest Park 30050
62............Hugh Logan.......................1328 Prince Ave.
Athens 30601
142...........Bobby Long.......................6th St., N.W.
Cairo 31728
105...........Jimmy Lord.......................P.O. Box 254
Sandersville 31082
43-Post 2 Bettye Lowe ..................591 W. Paces Ferry Rd.
N.W., Atlanta 30305
102...........David E. Lucas...................448 Woolfolk St.
Macon 31201
56-Post 1.....Wm. C. (Bill) Mangum, Jr.........4320 Pleasant Forest Dr.
Decatur 30034
13-Post 3.....Charles C. Mann .................238 Elbert St.
Elberton 30635
26 Sidney J. Marcus.................845 Canterbury Rd., N.E.
Atlanta 30324
60............Charles Martin...................470 Hill St.
Buford 30518
145 Hugh D. Matthews ................Route 1, Box 913
Moultrie 31768
134..........T. Hayward (Mac) McCollum.......5608 Spring Flats Rd.
Albany 31705
12...........Lauren (Bubba) McDonald, Jr.....Route 2, Box 408-A
Commerce 30529
35...........J. E. (Billy) McKinney..........765 Shorter Terrace
N.W., Atlanta 30318
107..........John David Miles................P.O. Box 345
Metter 30439
13-Post 2....Billy Milford...................Route 3
Hartwell 30643
138-Post 1...Lundsford Moody.................P.O. Box 32
Baxley 31513
152-Post 1...James C. Moore..................Route 2
West Green 31567
71-Post 2....John L. Mostiler................150 Meadovista Dr.
Griffin 30223
69...........Edwin G. (Eld) Mullinax.........P.O. Drawer 1649
LaGrange 30241
18 Thomas B. Murphy................P.O. Box 163
Bremen 30110
88...........Sam Nicholson...................1762 Davidson Dr.
Augusta 30904
20-Post 3....Ken Nix.........................3878 Manson Ave.
Smyrna 30080
121..........Clinton Oliver..................P.O. Box 237
Glennville 30427
86...........Mike Padgett....................Route 1, Box 5
Augusta 30906
109 Bobby E. Parham.................P.O. Box 606
Milledgeville 31061
149..........Robert L. (Bob) Patten .........Route 1, Box 180
Lakeland 31635
146-
2
125
120
59
91
41
100
135
7
3
101
147
52
58
93
76
119
64
25
123
37
MEMBERS OF THE GENERAL ASSEMBLY
Edmond Lewis Perry..............Route 2
Adel Rd.
Nashville 31639
Robert G. (Bob) Peters P.O. Box 550
Ringgold 30736
Bobby Phillips .................9219 Melody Dr.
Savannah 31406
L. L. (Pete) Phillips ..........Box 166
Soperton 30457
R. T. (Tom) Phillips............1703 Pounds Rd.
(Mountain Park,
Gwinnett Co.)
Stone Mountain 30087
W. Randolph (Randy) Phillips Route 1
Shiloh 31826
Greg Pilewicz...................2307 Plantation Dr.
East Point 30344
Frank C. Pinkston...............773 Mulberry St.
Macon 31201
Howard H. Rainey................913 Third Ave. E.
Cordele 31015
Ernest Ralston .................P.O. Box 623
Calhoun 30701
Thomas P. (Tom) Ramsey III P.O. Box 1130
Chatsworth 30705
William C. (Billy) Randall.....P.O. Box 121
Macon 31202
Henry L. Reaves................Route 2
Quitman 31643
Eleanor L. Richardson .........755 Park Lane
Decatur 30033
Cas M. Robinson................4720 Fellswood Dr.
Stone Mountain 30083
Charles P. Rose ...............3821 Commander Dr.
Columbus 31903
Ben Barron Ross ...............P.O. Box 245
Lincolnton 30817
J. Roy Rowland ................103 Woodridge Rd.
Dublin 31021
John Russell ..................P.O. Box 588
Winder 30680
John Savage....................69 Inman Circle N.E.
Atlanta 30309
Albert (Al) Scott .............738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
David Scott....................190 Wendell Dr. S.E.
Atlanta 30315
J. Neal Shepard, Jr............21 Fifth St.
Newnan 30263
R. Allen Sherrod Route 1
Coolidge 31738
Earleen Sizemore...............Route 3
Sylvester 31791
MEMBERS OF THE GENERAL ASSEMBLY
5287
152-Post 2....Tommy Smith.................
42............Virlyn B. Smith............
92............Calvin Smyre................
1-Post 1...Wayne Snow, Jr..............
46 Cathey W. Steinberg.........
90............David Swann.................
66-Post 2.....Charles Thomas..............
19-Post 2.....Steve Thompson..............
24............Kiliaen V. R. (Kil) Townsend
128...........Tom Triplett..............
153...........James R. (Jim) Tuten, Jr. .. .
4-Post 2...Ralph Twiggs ...............
53 .........Doug Vandiford............
57 Clarence R. Vaughn, Jr......
146-Post 2....Monty Veazey................
113 ........Ted W. Waddle ..............
115 Larry Walker..............
61............Vinson Wall...............
68 J. Crawford Ware............
114 ........Roy H. (Sonny) Watson, Jr.
132...........John White
44 Bruce Widener.............
48............Betty Jo Williams ..........
54 .........Rev. Hosea L. Williams
6-Post 1...Roger Williams..............
19-Post 1 Joe Mack Wilson.............
72-Post 3...Jim Wood...................
Route 1
Alma 31510
330 Rivertown Rd.
Fairburn 30213
P.O. Box 181
Columbus 31902
P.O. Box 26
Rossville 30741
1732 Dunwoody Place
N.E., Atlanta 30324
804 Camellia Rd.
Augusta 30909
P.O. Box 686
Temple 30179
. 4265 Bradley Dr.
Austell 30001
. 1701 Northside Dr. N.W.
Atlanta 30318
P.O. Box 9586
Savannah 31402
.528 Newcastle St.
Brunswick 31520
P.O. Box 432
Hiawassee 30546
.3201 Kensington Rd.
Avondale Estates 30002
P.O. Box 410
Conyers 30207
P.O. Box 1572
Tifton 31794
.113 Tangle wood Dr.
Warner Robins 31093
P.O. Box 1234
Perry 31069
. 164 E. Oak St.
Lawrenceville 30256
P.O. Box 305
Hogansville 30230
P.O. Box 1905
Warner Robins 31099
P.O. Box 3506
Albany 31706
P.O. Box 88866
Dunwoody 30338
. 2024 Castleway Dr.
N.E., Atlanta 30345
.8 East Lake Dr. N.E.
Atlanta 30317
. 132 Huntington Rd.
Dalton 30720
.77 Church St.
Marietta 30060
. 5676 Sequoia Dr.
Forest Park 30050
5288
MEMBERS OF THE GENERAL ASSEMBLY
9-Post 1 Joe T. Wood P.O. Box 1417
Gainesville 30503
56-Post 3....Ken Workman........................3383 Hyland Dr.
Decatur 30032
MEMBERS OF THE GENERAL ASSEMBLY
5289
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1980-81
BY DISTRICTS AND ADDRESSES
District Representative
Address
1-Post 1
1-Post 2
2.......
3.......
4-Post 1
4-Post 2
5.......
6-Post 1
6-Post 2
7.......
8-Post 1
8-Post 2
8- Post 3
9- Post 1
9-Post 2
9-Post 3
10.......
11.......
12.......
13-Post 1
13-Post 2
13-Post 3
14.......
. Wayne Snow, Jr.............
Forest Hays, Jr..............
. . Robert G. (Bob) Peters...
. . Thomas P. (Tom) Ramsey III.
. Carlton H. Colwell.........
Ralph Twiggs ................
John G. Crawford.............
. Roger Williams.............
R. L. (Shorty) Foster........
. . Ernest Ralston ..........
Joe Frank Harris.............
W. G. (Bill) Hasty, Sr.......
Wendell T. Anderson, Sr......
. .Joe T. Wood...............
Bobby Lawson.................
. Jerry D. Jackson...........
Jack Irvin, Sr...............
Bill Dover...................
Lauren (Bubba) McDonald, Jr.
Louie Max Clark .............
. Billy Milford..............
. Charles C. Mann ...........
. John Adams.................
P.O. Box 26
Rossville 30741
Route 3, St.*Elmo
Chattanooga, TN 37409
P.O. Box 550
Ringgold 30736
P.O. Box 1130
Chats worth 30705
P.O. Box 850
Blairsville 30512
P.O. Box 432
Hiawassee 30546
Route 1, Box 518
Lyerly 30730
132 Huntington Rd.
Dalton 30720
4899 Tibbs Bridge Rd.,
S.E., Dalton 30720
P.O. Box 623
Calhoun 30701
712 West Ave.
Cartersville 30120
Route 8, Hilton Dr.
Canton 30114
RFD 4
Canton 30104
P.O. Box 1417
Gainesville 30503
P.O. Box 53
Gainesville 30503
P.O. Box 7275
Chestnut Mountain
30502
Route 1, Box 217
Baldwin 30511
Timbrook
Hollywood 30523
Route 2, Box 408-A
Commerce 30529
RFD 2
Danielsville 30633
Route 3
Hartwell 30643
238 Elbert St.
Elberton 30635
7 East Creekview Dr.
Rome 30161
5290
15 .....
16
17 .....
18
19-Post 1
19-Post 2
19- Post 3
20- Post 1
20-Post 2
20- Post 3
21- Post 1
21-Post 2
22......
23 .....
24 .....
25 .....
26 .....
27 .....
28 .....
29
30 .....
31
32
33 ......
34
MEMBERS OF THE GENERAL ASSEMBLY
E. M. (Buddy) Childers .. .
Ken Fuller...............
Bill Cummings............
Thomas B. Murphy.........
Joe Mack Wilson..........
Steve Thompson...........
George W. (Buddy) Darden
Johnny Isakson...........
Carl Harrison ...........
15 Kirkwood St.
Rome 30161
5 Lenox Circle
Rome 30161
Route 1, 508 Morgan
Valley Rd.
Rockmart 30153
P.O. Box 163
Bremen 30110
77 Church St.
Marietta 30060
4265 Bradley Dr.
Austell 30001
P.O. Box 997
Marietta 30061
5074 Hampton Farms Dr.
Marietta 30067
P.O. Box 1374
Marietta 30061
Ken Nix...................
Fred Aiken................
A. L. (Al) Burruss........
Mrs. Dorothy Felton.......
Luther S. Colbert.........
Kiliaen V. R. (Kil) Townsend
John Savage...............
Sidney J. Marcus..........
Cynthia Fuller............
Alveda King Beal..........
Douglas C. Dean...........
Paul Bolster..............
Mrs. Grace T. Hamilton....
Mildred Glover............
.3878 Manson Ave.
Smyrna 30080
.4020 Pineview Dr., S.E.
Smyrna 30080
P.O. Box 6338-A
Marietta 30065
.465 Tanacrest Dr. N.W.
Sandy Springs 30328
.495 Houze Way
Roswell 30076
. 1701 Northside Dr. N.W.
Atlanta 30318
69 Inman Circle N.E.
Atlanta 30309
845 Canterbury Rd., N.E.
Atlanta 30324
742 Myrtle St., N.E., #9
Atlanta 30308
75 Piedmont Ave.,
Suite 236
Atlanta 30303
356 Arthur St. S.W.
Atlanta 30310
1043 Ormewood Ave. S.E.
Atlanta 30316
582 University Place
N.W., Atlanta 30314
735 Lawton St. S.W.
Atlanta 30310
J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
Tyrone Brooks ...................Station A
P.O. Box 11025
Atlanta 30310
MEMBERS OF THE GENERAL ASSEMBLY
5291
35 ........J. E. (Billy) McKinney.....
36 ........G. D. Adams.............
37 ........David Scott.............
38 ........Lorenzo Benn...............
39 ........Bob Holmes..............
40 ........Dick Lane .................
41 ........Greg Pilewicz...........
42 ........Virlyn B. Smith............
43-Post 1 Barbara H. Couch ..........
43-Post 2....Bettye Lowe ...............
43-Post 3....John W. Greer .............
44 Bruce Widener..............
45 ........J. Max Davis...............
46 ........Cathey W. Steinberg.....
47 ........Joe Burton..............
48 ........Betty Jo Williams .........
49 ........Ewell H. (Hank) Elliott
50 ........John Hawkins............
51 Mrs. Mobley (Peggy) Childs
52 Eleanor L. Richardson .....
53 ........Doug Vandiford..........
54 Rev. Hosea L. Williams
55 Betty J. Clark..........
56-Post 1....Wm. C. (Bill) Mangum, Jr. .
56-Post 2....Betty Aaron.............
56-Post 3....Ken Workman.............
765 Shorter Terrace
N.W., Atlanta 30318
532 St. Johns Ave.
Atlanta 30315
190 Wendell Dr. S.E.
Atlanta 30315
579 Fielding Lane, S.W.
Atlanta 30311
2073 Cascade Rd. S.W.
Atlanta 30311
2704 Humphries St.
East Point 30344
2307 Plantation Dr.
East Point 30344
330 Rivertown Rd.
Fairburn 30213
2864 W. Roxboro Rd.,
N.E., Atlanta 30324
591 W. Paces Ferry Rd.
N.W., Atlanta 30305
802 Healey Building
Atlanta 30303
P.O. Box 88866
Dunwoody 30338
1177 W. Nancy Creek
Dr., N.E.
Atlanta 30319
. 1732 Dunwoody Place
N.E., Atlanta 30324
2598 Woodwardia Rd.
N.E., Atlanta 30345
2024 Castleway Dr.
N.E., Atlanta 30345
411 Decatur Federal
Bldg.
Decatur 30030
1360 Harvard Rd. N.E.
Atlanta 30306
520 Westchester Dr.
Decatur 30030
755 Park Lane
Decatur 30033
.3201 Kensington Rd.
Avondale Estates 30002
.8 East Lake Dr. N.E.
Atlanta 30317
P.O. Box 17852
Atlanta 30316
4320 Pleasant Forest Dr.
Decatur 30034
. 3920 Johns Hopkins Ct.
Decatur 30034
3383 Hyland Dr.
Decatur 30032
5292
MEMBERS OF THE GENERAL ASSEMBLY
57 .........Clarence R. Vaughn, Jr.
58 .........Cas M. Robinson...........
59 R. T. (Tom) Phillips
60 .........Charles Martin............
61 .........Vinson Wall...............
62 .........Hugh Logan................
63 .........Bob Argo..................
64 .........John Russell..............
65 .........Thomas (Mac) Kilgore ....
66-Post 1.....Gerald Johnson............
66-Post 2.....Charles Thomas............
67 .........J. Neal Shepard, Jr.......
68 .........J. Crawford Ware..........
69 .........Edwin G. (Ed) Mullinax. ..
70 .........Claude A. Bray, Jr........
71-Post 1.....James R. (Jim) Fortune, Jr.
71- Post 2..John L. Mostiler..........
72- Post 1..Wm. J. (Bill) Lee.........
72-Post 2.....Jimmy Benefield...........
72-Post 3.....Jim Wood..................
72-Post 4.....Rudolph Johnson...........
73 .........G. Richard Chamberlin
74 .........Denny M. Dobbs............
75 .........Neal Jackson..............
76 .........Ben Barron Ross
77 .........Wm. S. (Bill) Jackson.....
P.O. Box 410
Conyers 30207
4720 Fellswood Dr.
Stone Mountain 30083
1703 Pounds Rd.
(Mountain Park,
Gwinnett Co.)
Stone Mountain 30087
470 Hill St.
Buford 30518
164 E. Oak St.
Lawrenceville 30256
1328 Prince Ave.
Athens 30601
P.O. Box 509
Athens 30603
P.O. Box 588
Winder 30680
1992 Tara Circle
Douglasville 30135
P.O. Box 815
Carrollton 30117
P.O. Box 686
Temple 30179
21 Fifth St.
Newnan 30263
P.O. Box 305
Hogansville 30230
P.O. Drawer 1649
LaGrange 30241
617 Mayes Way
Manchester 31816
683 Brook Circle
Griffin 30223
150 Meadovista Dr.
Griffin 30223
5325 Hillside Dr.
Forest Park 30050
6656 Morning Dove Place
Jonesboro 30236
5676 Sequoia Dr.
Forest Park 30050
5888 Jonesboro Rd.
Morrow 30260
P.O. Box 378
Stockbridge 30281
125 Hardwick Dr.-Almon
Covington 30209
316 N. Broad St.
Monroe 30655
P.O. Box 245
Lincolnton 30817
3907 Washington Rd.
Martinez 30907
MEMBERS OF THE GENERAL ASSEMBLY
5293
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
William Bailey Jones..........P.O. Box 3933
Jackson 30233
Marvin Adams .................709 Greenwood Rd.
Thomaston 30286
Benson Ham....................20 E. Main St.
Forsyth 31029
Bob Lane.......................105 Wilton Dr.
Statesboro 30458
John F. Godbee ................401 Lane St.
Brooklet 30415
Emory E. Bargeron..............P.O. Box 447
Louisville 30434
Warren D. Evans................P.O. Box 539
Thomson 30824
R. A. Dent.....................1120 Pine St.
Augusta 30901
Mike Padgett...................Route 1, Box 5
Augusta 30906
Jack Connell...................P.O. Box 308
Augusta 30903
Sam Nicholson..................1762 Davidson Dr.
Augusta 30904
Donald E. (Don) Cheeks.........714 Westminster Court
Augusta 30909
David Swann....................804 Camellia Rd.
Augusta 30909
W. Randolph (Randy) Phillips . Route 1
Shiloh 31826
. Calvin Smyre.................P.O. Box 181
Columbus 31902
. Charles P. Rose .............3821 Commander Dr.
Columbus 31903
Sanford D. Bishop, Jr..........P.O. Box 709
Columbus 31902
Thomas B. Buck, III............P.O. Box 196
Columbus 31902
. Gary C. Cason................3128 College Dr.
Columbus 31907
Mary Jane Galer................7236 Lullwater Rd.
Columbus 31904
Bryant Culpepper...............P.O. Box 490
Fort Valley 31030
Burl Davis.....................740 Mulberry St.
Macon 31201
. Frank C. Pinkston............773 Mulberry St.
Macon 31201
. William C. (Billy) Randall...P.O. Box 121
Macon 31202
. David E. Lucas...............448 Woolfolk St.
Macon 31201
. Kenneth Wilson Birdsong .....Route 1
Gordon 31031
Frank Home.....................612 Georgia Power Bldg.
Macon 31201
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
MEMBERS OF THE GENERAL ASSEMBLY
Jimmy Lord........................P.O. Box 254
Sandersville 31082
Randolph C. (Randy) Karrh........P.O. Drawer K
Swainsboro 30401
John David Miles..................P.O. Box 345
Metter 30439
Wilbur E. Baugh .................P.O. Box 926
Milledgeville 31061
Bobby E. Parham...................P.O. Box 606
Milledgeville 31061
Ward Edwards .....................P.O. Box 146
Butler 31006
Don Castleberry...................P.O. Box 377
Richland 31825
E. Roy Lambert................543 North Main St.
Madison 30650
Ted W. Waddle ................113 Tanglewood Dr.
Warner Robins 31093
Roy H. (Sonny) Watson, Jr.....P.O. Box 1905
Warner Robins 31099
Larry Walker..................P.O. Box 1234
Perry 31069
George Hooks...................P.O. Box 928
Americus 31709
Ben Jessup.....................P.O. Box 468
Cochran 31014
Terry L. Coleman...............P.O. Box 157
Eastman 31023
J. Roy Rowland ................103 Woodridge Rd.
Dublin 31021
L. L. (Pete) Phillips ...........Box 166
Soperton 30457
Clinton Oliver...................P.O. Box 237
Glennville 30427
Ronald E. (Ron) Ginsberg.........P.O. Box 10105
14 E. State St.
Savannah 31412
Albert (Al) Scott ...............738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
Lamar W. Davis, Jr..............P.O. Box 1567
Savannah 31402
Bobby Phillips .................9219 Melody Dr.
Savannah 31406
Herbert Jones, Jr...............413 Arlington Rd.
Savannah 31406
Bobby L. Hill...................923 West 37th St.
Savannah 31401
Tom Triplett....................P.O. Box 9586
Savannah 31402
George A. Chance, Jr............P.O. Box 373
Springfield 31329
Bob Hanner......................Route 1
Parrott 31777
MEMBERS OF THE GENERAL ASSEMBLY
5295
131 ........Tommy Chambliss............
132 ........John White.................
133 ........R. S. (Dick) Hutchinson....
134 T. Hayward (Mac) McCollum
135 ........Howard H. Rainey...........
136 ........Earleen Sizemore...........
137 ........Paul S. Branch, Jr.........
138-Post 1....Lundsford Moody............
138-Post 2....Roger C. Byrd..............
139 ........Rene D. Kemp...............
140 ........Ralph J. Balkcom...........
141 Walter E. Cox..............
142 ........Bobby Long.................
143 ........R. Allen Sherrod ..........
144 ........Marcus E. Collins, Sr......
145 ........Hugh D. Matthews ..........
146-Post 1....Edmond Lewis Perry.........
146-Post 2....Monty Veazey...............
147 ........Henry L. Reaves............
148 ........James M. Beck..............
149 ........Robert L. (Bob) Patten.....
150 ........Tom Crosby, Jr.............
151 ........Harry Dixon ...............
152-Post 1....James C. Moore.............
152-Post 2....Tommy Smith................
153...........James R. (Jim) Tuten, Jr. ...
P.O. Box 2008
Albany 31702
P.O. Box 3506
Albany 31706
915 Sixth Ave.
Albany 31701
5608 Spring Flats Rd.
Albany 31705
913 Third Ave. E.
Cordele 31015
Route 3
Sylvester 31791
Route 4, Box 499-A
Fitzgerald 31750
P.O. Box 32
Baxley 31513
302 N. Rogers St.
Hazlehurst 31539
P.O. Box 497
Hinesville 31313
Route 1
Blakely 31723
202 West St.
Bainbridge 31717
6th St., N.W.
Cairo 31728
Route 1
Coolidge 31738
Route 1
Pelham 31779
Route 1, Box 913
Moultrie 31768
Route 2
Adel Rd.
Nashville 31639
P.O. Box 1572
Tifton 31794
Route 2
Quitman 31643
2427 Westwood Dr.
Valdosta 31601
Route 1, Box 180
Lakeland 31635
. 705 Wacona Dr.
Waycross 31501
1303 Coral Rd.
Waycross 31501
Route 2
West Green 31567
Route 1
Alma 31510
.528 Newcastle St.
Brunswick 31520
5296
MEMBERS OF THE GENERAL ASSEMBLY
154
Dean A. Auten
628 King Cotton Row
Brunswick 31520
RESULTS OF REFERENDUM ELECTIONS
5297
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1980
Election
Referendums Results Not Final
Georgia Laws Proposed
1953 (Jan./Feb.) __________ 14
1953 (Nov./Dec.) __________ 21
1965 17
1966 39
1967 24
1968 45
1969 ____________________ 34
1960 47
1961 _____________ 27
1962 38
1963 39
1964 35
1964 Ex. Sess. ....... . 9
1965 23
1966 __________________ 25
1967 ____________________ 39
1968 . . _______ 48
1969 .................. 48
1970 _______________ 44
1971 43
1971 Ex. Sess. . . 3
1972 64
1973 21
1974 25
1975 .................... 33
1975 Ex. Sess. . . . 1
1976 26
1977 .. 13
1978 25
1979 5
1980 22
TOTALS - 897
Not Known Held Result
1 2 11
5 16
1 1 15
4 1 34
1 23
2 2 41
1 33
7 1 39
1 26
1 2 35
1 5 33
2 3 30
1 1 7
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
2 24
13
1 24
5
4 18
42 47 808
5298
RESULTS OF REFERENDUM ELECTIONS
4)7;
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Georgia Laws 1953, November-December session:
RESULTS OF REFERENDUM ELECTIONS 5299
Georgia Laws 1953, November-December session:
5300
RESULTS OF REFERENDUM ELECTIONS
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<N <M ^ o ONHW-^t >*>,-
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Clayton & Fulton 2884 j City of College Park......... 5-14-B5
Georgia Laws, 195S:
RESULTS OF REFERENDUM ELECTIONS
5301

v I <
Si 2
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8
2
73
00 CO <N ^ lO Oi CO l * <> t-
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Georgia Laws, 1*54:
5302
RESULTS OF REFERENDUM ELECTIONS
fa fa
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Georgia Laws, 1956:
RESULTS OF REFERENDUM ELECTIONS
5303
9
s
as
9 O
.*2 o
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QW
OCHPJONt-00t'WH
NtJ'OIO^'OOICOOJNOO^'
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5304
RESULTS OF REFERENDUM ELECTIONS
3
$
BS
<> O
co
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JONtD
m co t> m
q 05
1 i 'I
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To! I rt I
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Troup....... 2827 j City of Hogansville
Georgia Law, 1956:
RESULTS OF REFERENDUM ELECTIONS
5305
9
s
os
3t

9 Cion
LO t> CO -H W GO CO
NN i-H o 00
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Georgia Lawa, 1957
5306
RESULTS OF REFERENDUM ELECTIONS
IS
H
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CQ
S3
DO
fen o
CO '* w ..
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Georgim Laws, X957:
RESULTS OF REFERENDUM ELECTIONS 5307
23
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5308
RESULTS OF REFERENDUM ELECTIONS
U c
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OT OT , *7 .. ,
| II S I
CO CO t 3 C 3 CmoOOMONOOOCOCO C C Co c
N m ^ ^ CO ^ <3 W 5>0 bfl bfl
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Affected area:
r 91; Agn41
Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
a
00
V
as
v iG Tf ua O W'f 00
lO *;h ^ rH (M
i g i -T > i
r* . A r1" r* r-i
t> 05 LOl
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| | > | | > | | I I
tO * C .CC ..G * G NNCOH*. ijj i
05 w be-- bflw* ba.ti bai* ba.ti to o oo co oi -g R
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5309
Georgia Laws, 1958
5310
RESULTS OF REFERENDUM ELECTIONS
iO Oi
(M
u C
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fa
pw
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Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
5311
NiONt- C
J CO IQ
1 <N OJ
o be o be- co.S3-*->oobpobfi
sis
5
flW
H
U
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T- ,a
t- C i 3 ?0>OOSOO
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AT
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t-IO Nt'NCCr
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Georgia Laws, 1959:
5312 RESULTS OF REFERENDUM ELECTIONS
05NCOOONN05'fOOOOlOOWOt-OONHl005''tlOOHlflt'eO
HKKOtONOHM i-t ^HHIOCOLQHH
t-H rf lO LO t- rr
I Hi I I I I
i i i i 11'T i ii i 11 i i i i i i i i i . i i11
S&sSg&g&g&g&S&S&SS.oSoSfeSoSo&SS
n
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CO CO C<1 w
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710
Georgia Laws, 1959:
RESULTS OF REFERENDUM ELECTIONS
5313
n
oh
H
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w
n
CQ
D
73

O
u
HajTfcoHMTroooNNinNHNus
TfCOOM'?OHINOtOCO^OaOt>
NiOCO'fONONNH rH lO
I I I I I I I I I II I I I I I
h vi ^ E ^ E ^ h ^ B,h E ^ &
ObXobjOO&floUloWlobfioWiO&fl
05 O O CO 1 i
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o SJ S3 S3
w w
s
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ass
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0) o
a
5314
RESULTS OF REFERENDUM ELECTIONS
00 O t- O 03
OONHN HN
CO > lO 00 00 CO
rH
Tim ii
tj G (h G l. c
06O06C O bo
M C
9.2
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a>
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r> lo
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CO 00 p c iriwWIOmW COCOC-OO
4%^s^&ssi sllUgs
ioi2i 3
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w CO lO W -3 COCO t-00
Georgia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
5315
S3
QS
H
O
H
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CQ
P
CG
bo o
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2 00 00 00 00 |
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Georgia Laws, 1960:
5316
RESULTS OF REFERENDUM ELECTIONS
o Wo Mo M+J O +* o y O+J O Tj
h< J2; Jfc 82; Saif n.-S i
3|
H
U
w
*-

D
BQ
73 W3 CO CO - ^ ^
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-COOCOt>o3CPC3C3ClS | C I Tt eg
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3^0if;
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WWW
3 Ga
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t>OJOOOiOO
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bo o


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sh OT
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$
5
03
o o
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c
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N N N N
rH ^ l-O
eg (M (M (M
a a a a a
a a
Georgia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
5317
0t-N0'rt-NOOXt-HOaNU5NNtOt*tO
WXHOiO>HTj'HXOU5t-iO'3't-rl'NO
OOOSC-O HHN^N005t-HH05^OJONt-NM
I I I I I II I I I 7 Ml" I I i I 77 M I
O to o ccr be o t?c o fee o be o be o be o be o be o be o be
5
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QW
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> .5
O o H O U
P o
WOSwiS-S-SjSiSSSri
Georgia Laws, 1961:
5318
RESULTS OF REFERENDUM ELECTIONS
IXII
5 Si o bo
4
S S
U c
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Sc t~>
JS tH
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.

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5 I
08
CO
-o

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Georgia Laws, 1961:
RESULTS OF REFERENDUM ELECTIONS
5319
3-
*2 I
I I
cl.>-ti.*XHOt-CO-flMOOOCOOCOQO
Q..I MINIMUM
s3-S S So Sg Sfe 6 &S Sg
Tf 00 iO
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NON
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Georgia Lawg, 1961:
5320
I
RESULTS OF REFERENDUM ELECTIONS
** 05 CO -< * r-l h*
rH lO 00
ocooa
$
as
II I I I I
t* F*. ^ *- .
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si
QW
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< < < < < <
h U J-. V. Sh U
o o o o o o
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I I I
tH co oo ^ IO
'0r00T30
05
Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
5321
a
s
os
woOTfeoHHNt*,^HTjioweoo,tHWHooHioNt-ooot*
lOHHHT^OJWCOMCOHtO tO CO C lit) CO CO ca 04 CO CO 03 OJ
HHHHtOlONCO CM O r-t lO * '* t tO
i ii i i m i i m i i i i i ii i i i i i i ilIii
gSsSsBS&oSgSsSsSo&sSsas&S&os&
Henry........ 2403 I Town of Locust Grove.................... 4-25-62
Georgia Laws, 1962:
5322
RESULTS OF REFERENDUM ELECTIONS
r->
a 310 fe S
*8,2
Qw
H
U
w
<
CQ
P
CO
M o
ft*
c *
6?
L 05
u
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fa
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eotoio-'fCMtoaoc-CMiOT-i tj<oo 6 f 10 to os 00 cm cm
N N N W N H HQ be 3 bilLO HC0H50H
1 i1 1 1 m i 1 u 1 1 1 #2-32-111 1 1 1
oSooo>o5>oM5io1'SgS&gMS5
fa<3fa<2fa<3fa<3fa<3fa<3fe<3 to ^Sfa<Jfa<Jfa<3
5 I .ts I
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fa fa
TJ CM
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ffi 00
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to to to to
T3
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CO CO 00 to
CM CM CM CM CM CM

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s
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O
Georgia Laws, 1962^
RESULTS OF REFERENDUM ELECTIONS
5323
ert IQ
I
Ct'MHCO Cfl GP C^fOlOH
5t"fOOH hr 5 bC<X> T}< t- CO
*!!!!*. -H - I I I I
(H c l CO 2 4J U C u u C (h c
O Ml-* -P o O Mo wo .5 H O M O Ml
ft I U
oo ea 3
^3|.
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QW
www
c*5 o
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H
o
w
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CQ
C/2
1.2

cS
Q
>>
O
1 = =

l
p
s3
s
C

Georgia Laws, 1963:
5324 RESULTS OF REFERENDUM ELECTIONS
HCONDHOiOODONWHCOt1'NOOOJ50i001
OO't'JTrNC-TfCOtOCOW^rHiOHt-H OCO^TOi
iOCOHWt-HlOP9NlOCOiOMt-H d
II I I M M M M M M I II I II
U CI h c u, C l C C t Gu G u C l G u tn G
H
u
w
GQ
p
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bfl
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Cfl ^
o
u
d CM CM CM
SJ
|PQ CQ 03 03 03 03
03 03 03
>. >. [2 CT
* O O
o O O U
Not
Georgia Laws, 1963:
RESULTS OF REFERENDUM ELECTIONS
5325
I ^
OOlON I * I
HNW '
XT XT XT O & (M -2 ^
O O OfoC c I 3
I O Sh
2 w
QW
05 rf
CO 03
co co
COOHH t> CO H 05
05 t-03 t> I I 03 t- 05 t
C-iCrfin I I Ht- 03
I M UJ I I I
o be o bew in o be o be
h uEn<;
o o
fc
'f ifl M 05'f H O 05
WHWCOiflNCOC'
03 CO CO CO CO CO t-H
CO -H
It I I I I I!
otiloSlotio&
<J fo <J fo <J
CO CO CO CO CO 2
CO CO CO CO

H
u
W
CQ
D
cq
.= >>

1 -*->
e
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3

CQ
w
u m cq
-*->
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03 H
C
c3
>*
+->
o
Wo Jm
PS *7-
03 CO CO 03
u 13
id
a a a
s s z m
5326
RESULTS OF REFERENDUM ELECTIONS
9
06
9 IS
eiji
QW
O
H
V
W
M
P
CO
bao
U
OUOOCOlO(ONt~CDCOlQCOt~m-*#C3rHO
CO 05 CO 'INiON'tOHCONt-OHXCO
NNH *-H HNOt-Xt-MCOnNH
iii m iii i iTTTTT m i
obaobfiowio^obflobflobaobfioba
CO CO CO CO CO CO
CM 03 Cg Cg
I
s

O
P5
o
s
e .H
m m u
w
o .-ts .t: .ts
o H
S ^ o
ca -
H
H H H
Georgia Laws 1964, January-February session:
RESULTS OF REFERENDUM ELECTIONS
5327
ca
WO
H
U
w
n
M
D
C/3
bfl o
ft*
3
O
u
5 00 3 2,
SSJ 3
3 g'
11 1
3 Bs-S
*e %Z
s
5 6
feC
TtTf-^eoecNiOrH^toi
C-COt-HOHlOt-Ht-
HMrltOOtO cq (M
u El ELu EL ** &
obflo&fiO&OobCobfl
ii IiI I I M
os o .. o rf ;
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u c u C G
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ns
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0) 0)
D 3
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3 I
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w
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o
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3
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u u o
>
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V
z
3
w
>
c
00 lO CO O 05 uo t- oo co oo co
NCO^COOOSefOt-OOS
C'3<mimojc^<nc'JOJC'1C4<m
u o o u
Q fc
G
5
3
K K
3
ffi
(Repealed by Ga. L. 1964, Ex. Sess., p. 2342)
Georgia Laws 1964, January-* ebruary session:
5328
RESULTS OF REFERENDUM ELECTIONS
* Jg
QW
H
U
w

D
C/3
bx o
a
s

u
(OWCOWifl 3 o
NCOOOOO ^ HM
s t> t> o*-1
1-H r( HH r
I I I I I I gt I I
3 So So &>'- O O S
S
/*\ ti
OOCO 2 05 J W CO J ^ LI CO CO _05 10 05H<000
SOOClffiN^ CO CO CO t-H CO CO
00 rH -
w 2 <> w as
CO 1C LQ CO
00 CO 00 1-H CO CO
CONN
w ^
O
2 u
mum
<M <N <M (M
s s s s s s s
O
x -t:
H H
RESULTS OF REFERENDUM ELECTIONS
5329
|
NONOOifliOCOHiflOOOH^ S ai
OiOiaicoa^GOt-icioai'T'T ^ 42
OJ (N ip to W to (N CO (N N O) r M
h tfq ^ Tf ^ >t2,no
I I I III I I I I I I l-l
oiDoWoMo^otOoSfiSo?,
J-l *-<
o 00
fo
t~ t- co co
HOMO
CO 00 OS 00
CO
III.
u G h G
o boo be
fe <J
Georgia Laws 1964, Extra Session:
5330
RESULTS OF REFERENDUM ELECTIONS

N' W* *-*
50NOC-05 0)
9
8
05
o & o & o )+ o
QS
H
O
W
u
xfl
be o
e
U
I i g
t-TfOO 3 C{|N
lOOOrH ^HCO
HN^,S ON
I I I Ig* II
o o bfi-f* o o M
5
T3 T*
u <?
43 cq
^ ?
O
03
.5
w m 5 W -5
>> >>
*. +->
o u
c3

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CQ CQ O O Q
Georgia Lawa, 1965:
RESULTS OF REFERENDUM ELECTIONS
5331
tH CO 5 ^ ^ SoOOOGOOOt-tMtOlOOlLO
00 lO CO (N CO O t> m > QJ !> (N 05 ^ 00 rf l> in H t> t>
-0OC-COlO'^COOOrY* Orv* OcOHHCOrr ^ tH
I I I I C" C r-i i-H
M II I II I cwcw | | II I I II I I*
Mj o SrJ OB -g S &o &o Ss Ss 6
og g*25[x<J&<!fe<Jfa<ifr<i
3 3
C-t-NCOMNrH
T i Tjl i ^
6B6&6S6
IV.
>000010
& A i ,
o o o o o o
fc fa fa fa
HNCON<lOO
u (j o u d u
OJ 4) O <0 O O
WWWWCQW
1542
Sec. 7 For6
Georgia Laws, 1965:
5332
RESULTS OF REFERENDUM ELECTIONS
w eo
Ol CO t- 3 2HOWr)i|j:Nifil00C005?0(3)0<0O0,Tl<i/5C0M(NHMH
, OSOjTfLO^^iO 'C'CO'TIMOlOOOOlZN^ZHTj'Z'OCOiOiOinOO'q'Jfi
a 1-tOOCO^o ^ CO rH ^ r-H r-l (M ^ tH ^"JcOlOOiCOOlCOOiCO
i iiigiS i ii 111.51 ii i 11 i 11111
i-. t-. C -S -i-> t-. ^.. * lj .. l l fi l SQ lj CQ CQ ^CtjC^C^C
oW>O&0-J>OOrEo<!j O O bco bflW 0^.10^.10Wl0il0bfi0^
3 E S
Each of these acts has an effective date of January 1, 1966.
Georgia Laws, 1966
RESULTS OF REFERENDUM ELECTIONS 5333
i(N t- O O
'a
I I
I I
S o
J) H C) O) o
~ tv io io in
<N i-i CO rH <M iH f ^ W1 t- H
r-> S. > < 'H
I I I I I I ^ S I I I
SA o bfl O 6fl O bfi ^ ^ T3
w 03 Tf ^ co t- w
r-I T( t( LO o
bo
bfl <J v*/ w*/U TJ UJ Ti ' W
C tH
bfl o
I I
& o
C K
bfl o
< fa
o s
.2 a
W Q
5334
RESULTS OF REFERENDUM ELECTIONS
&
N lO tC
Tf CO CO GO
00 CO H CO
I I I
Ss a
< fc <
NOOiOTfOClUOTtO)
to lO O O) rf H (N (MrH
rH Tf O
I M 1 I I I I I I
C La C
o tUD O bfl
ft, <J
Stephens.... 2628 County Commissioners................. 11-8-66 For 1443
Agn1554
Wayne....... 3099 City of Jesup ....................... 5-25-66 For1083
Agn 603
Georgia Laws, 1967:
RESULTS OF REFERENDUM ELECTIONS
5335
CO COt>r-ICOCOCOCO CO
CO T-t 00 OS t- OS rH CO C0t-04 t-
CO 04 tH lO ^ tH HCOrCOJ
HCOHN
11 IIIII1111111 II
O bO J^bCobOobOobOobOobO o bO
<J fo <5 fe < <! fc <
u
fa<J
*g 83
O
0) '-S
"S s
Qw

CO to CO CO
a
-*-a
o

H
U
w
n
M
D
OJ
3
T3
w
m
u
73 S-
S rs 9
bo
N

H W
D
W
W W CQ <! CQ
>>
-->
O
o
H
bo o
04 00 00 04 CO
CO rf 04 04
CO 04 CO 04 04 04 04
04
1
<v
m x>
X oj
5
*
cq m
3
CD
-*-<
a
xi
O
5 3
Georgia Laws, 1967:
5336
RESULTS OF REFERENDUM ELECTIONS
50 CO H Ot-CDOCOOlOOH.tjOOO^^t-OlOOOHWiOiO CO CO
(M 00 i-l HMt-NHyH SJ ^NCOOCOlOt- O ifl
I II I I II I I II \JS I Is llC| mTM I M I I I
obo^oUio^io^o^So bO-?* oSio^-ifio^o^oiDoWi
Qw
to to to to to to
H
u
w
n
CQ
P
x/l
3
T3
W
m
c
c3
>
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o
3
05
05 CQ
>>
o

O H Q <J
Sf
5*
03 CO CO OJ OJ 03
Q. f
>
c
q q w E a w
c
2
CO
3
O
W
3 ?
Q *C
a a>
s s
RESULTS OF REFERENDUM ELECTIONS
5337
Georgia Laws, 1968:
5338
RESULTS OF REFERENDUM ELECTIONS
9
8
tf
ii CD <
OS <
to CQ
I 1 I I

c
O bO
03
-4->
9 e
S I

c a
o +-
*43 o
o
W
to CO H rH CO C- O
CO OS to 00 OS CO to
H CO t* N re w
M I II I I
Sh C S_, C t_, C
o be o bfl O bfl o
<< pL, <tj
1-i t- O 00
C h
be o
bo 5
!g 3 c
- 3 I
c
I c *
1 o ^
I'-sl
<! 51 ^
W
l l
in c
o be
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a
043
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3 00
U co
W in
*
X3
CO .2
CO 4_1
cO
C CJ
2 3
5 ^
6 w
O o
m o
p
CQ
T3 O
C 2
CS rf*
C A
"8
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5 c
w 03
W g
m c3
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W .-2
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s
u o
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C-J 00
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c3

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X
03 _Q
X *
c, w
<D a) 2 S
T3 o o
d 1
m
{H X
t-.
0> 52
cq m
o
X
o
Georgia Laws, 1968:
RESULTS OF REFERENDUM ELECTIONS 5339
e o
45
eajg
QW
HOCDHMOOlOCOOH'<fNt>0)lOOOt-MlO
'lOTfOOOTfHTfMUOOlCOOOOIOlClOlOCOO
)tlQT-(lC)T-4iOt~OCOajT-HC]T-tr-H0^1,CO^'
1111111111111111111111111*1
c
to _
I <1
Eg. Ct. Ct_il-4Li84Lj8<Li8<Li^ti
bfio&OobOo&obflobCotiflobfiot'Oo&fio
s c
tn >
O
.Is
El o
^ z
w
It
J to
Georgia Lawa, 1988:
5340
RESULTS OF REFERENDUM ELECTIONS
c
bfl o
. < fo
to 00
03 ^
it8fHNHt-ttOQa(CDfflHt'IOnONt'
1 r4 I |toc-ca^i*Wc>jtot-'^aaoococo2'coT-i-tt-
i t- I I t-ojHioOTnort^NHNttieON ooco
' ^ S r-T CO e-T r-T
*1 II I I I II I I t I II i I I I I
P- P-* o 6flo &fl _P bfi o !*Co bC o bfl a *0 bC
w n ^ ^ F* ^4 C y | C ^
b&fib bfl O bfi a bfi o 5*0540*0 be o bC

es
o o
2
88
0H
w
ffl
t3
GO
T3
w
a a
w w
3
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w
as
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MO
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a a

c
be
c
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Georgia Laws, 1968:
RESULTS OF REFERENDUM ELECTIONS 5341
Georgia Laws, 1969:
5342
RESULTS OF REFERENDUM ELECTIONS
&
L eV
o be 4, _
<! -T3
5
i
00 tH
10 I
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CD
3
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ION 50
os in to
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C ^ C
be o bo
totocot- 5 ? O 00 rf c-CN 00 CO os wH 1C CO 05 LO
NOOrfOO S ? OH^NlONMt't-C-tOHOOOiTf
CO HN^OHtOt-NtOtOt't-C'HONHlONN
11 > ii iml i m ini
O bO O bO-^? O o^> rb0o br bO O bO o bfl bO
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> .2
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Georgia Laws, 19b..
RESULTS OF REFERENDUM ELECTIONS
5343
Georgia Laws, 1969:
5344
RESULTS OF REFERENDUM ELECTIONS
3 C
is
-4-> O
s
t>r-i'OJOO C CO C5
COHHtOHNOtD E t'C' a OCONiniNOl
COMNOOTft>i> g CO t> lOOUOOOCOO
hhhi10v-3nVUnn cocn^
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*=^ fc < fc *< ft,-ejj tfl fo < ^ ^
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Georgia Laws, 1969:
RESULTS OF REFERENDUM ELECTIONS 5345
Georgia Laws, 1970:
5346
RESULTS OF REFERENDUM ELECTIONS
OOt'
03 CO iO
1 40
M rH
1 i 1
o ox) o
QW
HTjiTjiMCOHO^tO 3 C05'3<:t>300e00505liC'-05 05lCOCOlO
lG0lO(75(MMri:t> ^HOlOt'NONMOOOOOOOOt'tOOl
HOJOhhS^^ o i-t 03 CO 03 CO CO COOlHt'Tj'Tj'OlC'TfiO
I PC r* 05 CO H rH H H
o iI 03 CO 03 CO CO CO 03 I C- rj< r* 03 C- T} I
111111 u ig! 1111111111nipiT i
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03
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Georgia Laws, 1970:
RESULTS OF REFERENDUM ELECTIONS
5347
ca*>
QW
05 05 CO
5co
co LO ^
05 CO CO
00 04 00
LO 04 CO
>_( P
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fa <J fa
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350
Georgia Laws, 1970:
5348
RESULTS OF REFERENDUM ELECTIONS
ca'
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D
03
^ C
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HOWtD'4'05rliTl'HH(MTfC00CiW04S2H 3 rH ft. 00 m >
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73 H H
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Georgia Laws 1971, January/February session:
RESULTS OF REFERENDUM ELECTIONS
_T o.<
I IS
O &0
in
i i i
Sh ^ 5-.
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< fe
Mill-
c ^ c ^ c
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pq m pq m m

Q O O
5349
County vote:
For: 1,707 Agn: 2,369
City vote:
For: 3,263 Agn. 2,961
Georgia Laws 1971, January/February session:
5350
RESULTS OF REFERENDUM ELECTIONS
-I lO rH CD CO CO
CO C- ^
MINI
, C L C !h C
3 if O tlOo bjO^H
H <J <J
g *=
10C0^^5CC0050
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CO CO CO CO
s
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Georgia Laws, 1971, Jan./Feb. session:
RESULTS OF REFERENDUM ELECTIONS
5351
COC^OlCOCO-'^COiO 5 ^ 05 2^HWiOHOOrfcOMl>
CO-'tfuOOJOOLOCOOO 2 CO f> SHOOOiO^OCOOCOMN
o iooj h oo^c^ c-co eg rt
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CO CO (M OJ
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03
5352
RESULTS OF REFERENDUM ELECTIONS
CO O?
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Tin
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;
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Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5353
05 00 000 COO CO LO iH
OOOH rt rH r-H 0$ 1T5 CO
CO t t 45 45 41 45
~ < <
I lNll^-1 lef I U-l U-l
C C ^ C C e, C I. S I L C L, C . pfi L B L C
obflobjOjobcjobJD-tobOoO bJD- o bcj o o &o o tm
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03
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Georgia Laws 1972, January/February session:
5354
RESULTS OF REFERENDUM ELECTIONS
<Ji
t- t-
CO o
liSS'-a - w 050 oh
coiflwooTfoi 3 c oo - * - -
ca o^oj os oo ^ , c- r-*_
muis*!i i!i ifnil ifi i!i ifi
s* c u ^ ^ cH ^ G GW .
atm obc o tm o&c otm otm
fo <J
HO
L< G t* C 1_ *-
o tm o be o & 2
W

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Ofl o bO
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OH
Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS 5355
HOGS-'tfiOtOt- iOtJ*
C 3t>05 0 0i iQ tr-
et] qiowq t -^cg
UoV'ooOS OWN -
G eg rH g 0>
NNCOt-rl<t>T}iOOOCOCOOOCOeJ
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eg o^ eo
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I I IS 1 li 1 I I JJ I 1(8 I i I 111 1 I 1 I 1 i I i 1
-t K h j* OJ ^ fn U {j* t-i P* C -( P* U p >H
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b
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Til
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Q Q Q Q W fe fc
Ga. L. 1973, p. 2268 changed date of election.
Georgia Laws 1972, January/February session:
5356
RESULTS OF REFERENDUM ELECTIONS
ojos SB
3 bo +*
3 z, o
G 2
-
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Is
2 w
COOMOMt-OW!NO)HiOMMiONU5M^U5
tOC-MO O 00 ^00 lO ,H>H lO 30 JO 30 30
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W
-T eg eg" ;o co r-T co" r-T ro" r-T co" eg"
i i l I I I I I I II I I II II I II
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t4o)oUiobootioixio^o^)oC>(iobiio
<<W<<W<!W'3lW<W,<W<!W<<W<JiW<!W
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Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS 5357
0NOWHlO00 00OHNNCi05(NH0000NH'<fWlO00t>00 00lOHe00>H05
SXtOOONrJ'OO^Tl'lOO'fl'OJMCiMHNlONCDtOCOt-^OJCOWHNt'OUOTl'
5 00 0l>05 i-^CD qTf CO^ hCOO 0^00 t-I TfHlOM COkW (NN'COOU'tNCOH
rH rH M of r-T tH r-T CO CO~ oS
I I I I II II I II I 11 II I U I II II I I I I I I I I I I
.<GjHG^G^GiHGt<G^G^G^Gt^Gt^GtjGtjGijGirfGLiGL,4G
sMoMoMoMo^oMoMoMoMoMoMoMoMoMoMoMoM
OJ -H
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C3^
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(M 03 03 03
lO CD ID ID
03030303030303cq
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CO OS CO CO
CO 03 03 03
a c
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M
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2
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13 2

Georgia Laws 1972, January/February session:
5358
RESULTS OF REFERENDUM ELECTIONS
-*i*aat-<Mac-*Ti*oG
lOt-Tf TfOuOO
HHOCOdtO
MINIM
o&cofcflo&xio&fl
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Georgia Laws 1973, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5359
Z
05 0)
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CO rd
ITS ^
o-^
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5666 5o
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2
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OK

Georgia Laws 1973, January/February session:
5360
RESULTS OF REFERENDUM ELECTIONS
lOtDOOHt-CONoO
NlOOO>05t>NN
N(NOOh hcon
I I I I I II I
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w
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2=i|s
2^5 =
Cft C3 ^2 e= c
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*** I +
cc:
Georgia Laws 1974, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5361
C
t: 5 o o d
a
P05 H ^ ^
o 2. Tf H Cl
(M
t
S_ 01 01 01
0>H >H
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fa

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Georgia Laws 1974, January/February Session.
5362 RESULTS OF REFERENDUM ELECTIONS
CO
CO
O O o o
4> - CD
'S t- 3 w ^ 05 ^
J in 2 h oi S ^
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RESULTS OF REFERENDUM ELECTIONS
5363
GENERAL ELECTION
Date 11-5-74
Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY
Yes
No
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 .....
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
187
3,696
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
2,958
297
66
627
998
803
231
829
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
231
4,391
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
2,815
1,084
74
1,039
1,765
1,353
676
729
5364
RESULTS OF REFERENDUM ELECTIONS
COUNTY
Fayette ....
Floyd .....
Forsyth ....
Franklin ...
Fulton ....
Gilmer.....
Glascock ...
Glynn .....
Gordon
Grady .....
Greene ....
Gwinnett
Habersham .
Hall ,r....
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 ......
Polk ......
Pulaski
Putnam
Yes
No
1,752
5,764
1,415
513
56,902
674
96
2,067
1,477
524
962
8,846
1,215
5,111
363
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
2,153
7,222
1,576
1,502
38,497
825
201
2,658
1,428
1,273
1,101
10,024
1,281
3,714
503
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
RESULTS OF REFERENDUM ELECTIONS 5365
COUNTY Yes No
Quitman ................................................. 85 142
Rabun .................................................. 618 701
Randolph ............................................... 334 790
Richmond ............................................. 7,477 11,596
Rockdale ............................................. 1,811 2,032
Schley ................................................. 117 171
Screven................................................. 514 740
Seminole ............................................... 309 588
Spalding- ............................................ 2,867 3,258
Stephens ............................................... 698 1,673
Stewart ................................................ 183 329
Sumter ............................................... 1,119 1,925
Talbot ................................................. 320 326
Taliaferro .............................................. 70 192
Tattnall ............................................... 484 960
Taylor ................................................. 520 741
Telfair................................................. 359 977
Terrell................................................. 456 1,062
Thomas ............................................... 1,315 2,173
Tift ................................................... 940 1,716
Toombs ................................................. 975 1,640
Towns .................................................. 535 247
Treutlen ............................................... 333 630
Troup ................................................ 2,550 3,831
Turner ................................................. 334 870
Twiggs ................................................. 427 696
Union ................................................ 1,330 548
Upson ................................................ 2,145 2,115
Walker ............................................... 2,104 2,264
Walton ............................................... 1,397 1,786
Ware ................................................. 1,363 1,910
Warren ................................................. 173 364
Washington .......................................... 1,035 2,037
Wayne................................................... 660 1,118
Webster ................................................. 99 127
Wheeler ................................................ 257 698
White ................................................. 941 562
Whitfield ............................................ 2,030 2,274
Wilcox ................................................. 239 759
Wilkes.................................................. 439 1,531
Wilkinson ............................................. 395 765
Worth .................................................. 423 1,203
TOTAL ................................................ 434,559 363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694,
decided February 13, 1975.
Georgia Laws, 1975, January/February Session:
5366
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This Act ruled invalid by U.S. Justice Department on August 18, 1975.
Georgia Laws, 1975, January/February Session:
RESULTS OF REFERENDUM ELECTIONS 5367
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Newton ..... 3402 Board of County Commissionersdistricts. 5- 4-76* Yes: 2,980 No: 1,387
Newton ..... 35C5 Co. Brd. of Educat' election districts..... 5-25-76 Yes: 3,227 No: 1,167
Oconee...... 3935 Co. School Superin ntappointed ......... 11- 2-76** Yes: 1259 No: 1863
Richmond ... 4297 Augusta-Richmond County unified government...5- 4-76* Yes: 11,027 No: 13,417
Georgia Laws, 1976, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5369
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Georgia Laws, 1977, January/February Session:
5370 RESULTS OF REFERENDUM ELECTIONS

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Referendum Election Results: Acts of the 1978 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5371
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RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1979 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1980 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5374
A PROCLAMATION
BY THE GOVERNOR:
WHEREAS: Pursuant to the provisions of Article XII, Section I, Paragaph I of
the Constitution of the State of Georgia of 1976, 16 general
Constitutional Amendments and 121 local Constitutional Amendments
were submitted to the electors of the State of Georgia for ratification
or rejection at the General Election held on November 4, 1980; and
WHEREAS: The number of votes cast for and against the ratification of the
137 Constitutional Amendments voted on in the General Election
held on November 4, 1980, have been counted, tabulated, computed
and canvassed by the Secretary of State of the State of Georgia,
and the results thereof certified to me as Governor of the State
of Georgia; and
WHEREAS: Said certifications are attached hereto and by reference are made a
part hereof; and
WHEREAS: Section 34-1511(f) of the Georgia Election Code provides that the
Governor shall issue his proclamation declaring the results of the
vote of each proposed Constitutional Amendment.
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED
IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS
HEREBY
PROCLAIMED: That proposed Constitutional Amendments numbers 2, 3, 5, 6,
8, 9, 10, 12, 13, 17,
33, 34, 35, 37, 39.
51, 52, 53, 54, 56.
70, 71, 72, 73, 74,
87, 88, 89, 90, 91,
102, 103, 104, 105.
114, 115, 116, 117.
19, 21, 22, 23, 24, 25,
40, 41, 42, 43, 44, 45,
57, 58, 59, 60, 61, 62,
76, 77, 78, 80, 81, 82,
26, 27, 29, 30,
47, 48, 49, 50,
63, 64, 65, 69,
83, 84, 85, 86,
92, 93, 94, 95, 96, 97, 99, 100, 101,
106, 107, 108, 109, 110, 111, 112, 113,
118, 119, 122, 123, 124, 125, 126, 127,
128, 130, 131, 132, 133, 134, 135, 136 and 137 which appeared
upon the 1980 General Election ballot, having been ratified according
to the Constitution of the State of Georgia of. 1976 according to
the results of the November 1980 General Election held on Tuesday,
November 4, 1980, are a part of the Constitution of the State
of Georgia of 1976. Unless the amendment itself shall provide
otherwise, each amendment to the Constitution shall become effective
on January 1, 1981.
FURTHER:
I do proclaim that proposed Constitutional Amendments numbers 1,
4 7, 11, 14, 15, 16, 18, 20, 28, 31, 32, 36, 38, 46, 55, 66,
67, 68, 75, 79, 98, 120, 121 and 129 which appeared upon the
1980 General Election ballot, not having been ratified according to
the Constitution of the State of Georgia of 1976 according to the
results of the November 1980 General Election held on Tuesday,
November 4, 1980, are not a part of the Constitution of the State
of Georgia of 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the Executive Department to be affixed. This 8th day
of December, 1980.
By the Governor:
GEORGE BUSBEE
Governor

TOM PERDUE
Secretary, Executive Department
I. DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF
GEORGIA, DO HEREBY CERTIFY THAT in the General Election held in this State
November 4, 1980, the number of votes cast for and against the sixteen (16) General
Constitutional Amendments voted on in said election are tabulated on the three type-
written pages hereto attached and is the true and correct total vote as shown by the
consolidated returns which are filed in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my
office, at the Capitol, in the City of Atlanta, this 19th day of November, in the year
of our Lord One Thousand Nine Hundred and Eighty and of the Independence of
the United States of America the Two Hundred and Fifth.
DAVID B. POYTHRESS
Secretary of State
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5377
GENERAL CONSTITUTIONAL
AMENDMENTS VOTED ON NOVEMBER 4, 1980
YES
1.
Res. Act 157
S. R. 282
(Ga. L. 1980,
P. 2027)
Shall the Constitution be amended so as to provide
that the General Assembly may by law establish
one or more classes of tangible property for use by
the State Revenue Commissioner when reviewing
and approving county tangible property tax
digests?
441,802
2.
Res. Act 159
S. R. 291
(Ga. L. 1980,
P. 2032)
Shall the Constitution be amended so as to provide
that general obligation debt may be incurred to
provide educational facilities for county and inde-
pendent school systems and to provide that, when
the construction of such facilities has been com-
pleted, the title to such facilities shall be vested in
the respective local boards of education?
551,884
3.
Res. Act 160
S. R. 307
(Ga. L. 1980,
P. 2033)
Shall the Constitution be amended so as to provide
that the State Board of Education shall establish a
program whereby certificated teachers of Georgia
may be reimbursed for tuition costs for attending
colleges or universities in Georgia to maintain their
certification, subject to certain limitations and
requirements?
619,916
4.
Res. Act 179
H. R. 480-1260
(Ga. L. 1980,
P. 2108)
Shall the Constitution be amended so as to autho-
rize the General Assembly to exercise the power of
taxation over the entire state for the purpose of
purchasing uniforms used by public schools?
193,863
5.
Res. Act 169
H. R. 41-124
(Ga. L. 1980,
P. 2087)
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by law for
the increase of retirement or other benefits of re-
tired persons who have retired or who retire in the
future pursuant to the Georgia Firemen's Pension
Fund and to provide that no formerly retired per-
son shall receive any greater benefits than those
benefits provided by law to be received upon re-
tirement by members of the Fund who have not
retired?
625,415
NO
598,560
480,798
483,367
869,076
422,388
5378
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
YES
6.
Res. Act 204
H. R. 459-1190
(Ga. L. 1980,
P. 2166)
Shall the Constitution be amended so as to autho-
rize the State to provide an indemnification of up
to $50,000 for law enforcement officers, firemen,
and prison guards permanently disabled in the line
of duty?
990,627
7.
Res. Act 170
H. R. 313-1031
(Ga. L. 1980,
P. 2089)
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by general
law for granting additional powers to counties or
municipalities, or both, to allow such political sub-
divisions to establish and maintain more effective
redevelopment programs, to provide for exemp-
tions from state, county or municipal ad valorem
taxation on property located within a redevelop-
ment area, and to provide for other matters relative
thereto?
451,821
8. Shall the Constitution be amended so as to in- 956,519
Res Act 183 crease the income exclusion on homestead ex-
pi R 526-1383 eruptions for the elderly to $8,000.00?
(Ga. L. 1980,
P. 2114)
9.
Res. Act 156
S. R. 280
(Ga. L. 1980,
P. 2026)
Shall the Constitution be amended so as to grant
jurisdiction to the recorders, mayors, or police
courts of any municipality to try and dispose of
cases where a person is charged with the posses-
sion of one ounce or less of marijuana?
689,323
10.
Res. Act 176
H. R. 471-1232
(Ga. L. 1980,
P. 2103)
Shall the Constitution be amended so as to permit
the court, without a jury, to render default judg-
ments in tort actions?
536,052
11.
Res. Act 177
H. R. 472-1232
(Ga. L. 1980,
P. 2105)
Shall the Constitution be amended so as to autho-
rize any county or municipality of this State to
establish an employees suggestions and awards
program to reward meritorious service and to
authorize such political subdivisions to expend
public funds for such purposes?
413,898
NO
305,672
546,357
182,088
373,206
456,485
591,150
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5379
12.
Res. Act 209
H. R. 483-1270
(Ga. L. 1980,
P. 2174)
Shall the Constitution be amended so as to provide
that the venue of juvenile court cases may be
determined by reference to the Juvenile Court
Code of Georgia?
YES
680,864
13.
Res. Act 222
H. R. 563-1500
(Ga. L. 1980,
P. 2203)
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by law for
the taxation of life insurance companies on the
basis of gross direct premiums received within the
unincorporated areas of counties and, in connec-
tion therewith, to authorize the reduction of ad
valorem taxes within the unincorporated areas of
counties?
595,893
14.
Res. Act 154
S. R. 247
(Ga. L. 1980,
P. 2010)
Shall the Constitution be amended so as to create
a body corporate and politic and as an instrumen-
tality of the State of Georgia to be known as the
Gwinnett Judicial Building Authority?
337,186
15.
Res. Act 172
H. R. 430-1103
(Ga. L. 1980
P. 2094)
Shall the Constitution be amended so as to pro-
vide that certain property located within any county
of this State having a population of 600,000 or
more, according to the United States decennial
census of 1970 or any future such census, which is
owned by a nonprofit corporation organized for
the primary purpose of encouraging cooperation
between parents and teachers to promote the ed-
ucation and welfare of children and youth shall be
exempted from all State, county, municipal, and
school taxation, including such taxation to pay
interest on and retire bonded indebtedness?
435,851
16.
Res. Act 234
H. R. 631-1630
(Ga. L. 1980,
P. 2232)
Shall the Constitution be amended so as to create
the Rockdale County Public Facilities Authority,
to provide for the powers, authorities, and duties
of such authority, to authorize such authority to
issue its revenue bonds and to provide for the
method and manner of such issuance and for the
validation thereof, to authorize the authority to
contract with Rockdale County and other public
bodies, and to authorize Rockdale County to con-
tract with the authority for the use by said county
or its residents of a ry facilities or services of the
authority?
375,615
NO
311,322
418,204
558,563
537,519
491,317
5380
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
1. DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF
GEORGIA, DO HEREBY CERTIFY THAT the attached twenty-six pages of type-
written matter constitute a true and correct copy of the votes cast in this State in the
General Election held November 4, 1980, for and against Local Constitutional Amend-
ments numbers seventeen (17) through one hundred thirty-seven (137); all as same
appear of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my
office, at the Capitol, in the City of Atlanta, this 5th day of December, in the year of
our Lord One Thousand Nine Hundred and Eighty and of the Independence of the
United States of America the Two Hundred and Fifth.
DAVID B. POYTHRESS
Secretary of State
LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 4, 1980
YES NO
17.
Res. Act 181
H. R. 511-1346
(Ga. L. 1980,
P. 2111)
APPLING COUNTY
Shall the Constitution be amended so as to in-
crease the amount of the homestead of each resi-
dent of Appling County, which is exempt from
county taxes, from $2,000.00 to $10,000.00?
1,921
18. APPLING COUNTY
Res. Act 184
H. R. 560-1478
(Ga. L. 1980,
P. 2118)
Shall the Constitution be amended so as to autho-
rize 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?
931
1,387
2,028
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5381
19.
Res. Act 253
H. R. 772-1805
(Ga. L. 1980,
P. 2292)
ATKINSON COUNTY
Atkinson County School Dist.
Shall the Constitution be amended so as to pro-
vide that each resident of the Atkinson County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption of
$10,000.00 from all Atkinson County School Dis-
trict ad valorem taxes?
YES
507
NO
313
20.
Res. Act 18
S. R. 18
(Ga. L. 1979,
P. 1790)
BALDWIN COUNTY
Shall the Constitution be amended so as to provide
that the Board of Commissioners of Baldwin Coun-
ty shall have the right and power to assess and
collect license fees and taxes from all persons,
firms, and corporations doing business in the unin-
corporated area of Baldwin County?
1,567
5,109
21.
Res. Act 40
H. R. 239-848
(Ga. L. 1979,
P. 1843)
BANKS COUNTY
Shall the Constitution be amended so as to provide
that the Board of Commissioners of Banks County
shall have the right and power to assess and collect
license fees and taxes from all persons, firms, and
corporations maintaining a place or places of busi-
ness in any area of Banks County?
1,650
689
22.
Res. Act 200
H. R. 450-1145
(Ga. L. 1980,
P. 2159)
BANKS COUNTY
Shall the Constitution be amended so as to in-
crease the civil jurisdiction of justices of the peace
in Banks County from $200.00 to $500.00?
1,401
23.
Res. Act 25
H. R. 21-75
(Ga. L. 1979,
P. 1805)
BARROW COUNTY
Shall the Constitution be amended so as to in-
crease the dollar amount of civil cases over which
the Justices of the Peace in Barrow County shall
have jurisdiction from $200.00 to $750.00?
2,186
856
1,556
5382
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
YES NO
24.
Res. Act 213
H. R. 519-1361
(Ga. L. 1980,
P. 2184)
BARTOW COUNTY
Shall the Constitution be amended so as to in-
crease the dollar amount of civil cases over which
the Justices of the Peace in Bartow County shall
have jurisdiction to $1,000.00?
4,288
2,452
25. BARTOW COUNTY
Res. Act 251 Bartow County School District 4,326
H. R. 758-1796
(Ga L 1980 Shall ^e Constitution be amended so as to pro-
P 2288) vide *hat eac^ resident of the Bartow County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted an exemption from all
Bartow County School District taxes on the full
value of his homestead owned and occupied by
him as a residence?
1,234
26. BEN HILL COUNTY
Res. Act 229
H. R. 582-1582
(Ga. L. 1980,
P. 2219)
Ben Hill Co. School District
Shall the Constitution be amended so as to in-
crease the amount of each homestead of each
resident of Ben Hill County, which is exempt from
county and school taxes, to $6,000.00 and so as to
increase to $12,000.00 the amount of the home-
stead which is exempt from county and school
taxes of each resident of Ben Hill County who is
sixty-five years of age or over and whose income
does not exceed $4,000.00?
2,026
676
587
188
27. BIBB COUNTY AND JONES COUNTY
Res. Act 171
H. R. 429-1103
(Ga. L. 1980,
P. 2092)
City of Macon (Bibb County)
City of Macon (Jones County)
Shall the Constitution be amended so as to per-
mit improved residential property within a com-
munity development or renewal project to be
assessed for City of Macon ad valorem taxation
for a limited period of time at a tax rate which is
less than the rate which applies to other property?
8,045
7
7,741
5
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5383
28.
Res. Act 173
H. R. 434-1103
(Ga. L. 1980,
P. 2096)
29.
Res. Act 190
H. R. 668-1666
(Ga. L. 1980,
P. 2128)
YES
BIBB COUNTY 10,785
Shall the Constitution be amended so as to per-
mit improved residential property within a com-
munity development or renewal project to be
assessed for Bibb County ad valorem taxation for a
limited period of time at a tax rate which is less
than the rate which applies to other property?
BIBB COUNTY AND JONES COUNTY
Bibb County
City of Macon (Bibb County)
City of Macon (Jones County)
Shall the Constitution be amended so as to autho-
rize the Macon-Bibb County Urban Development
Authority to issue its revenue bonds, notes or other
obligations for the purpose of acquiring, construct-
ing, equipping, maintaining, operating, extending,
repairing and improving lands, buildings, and facili-
ties of any kind for use by any industrial, commer-
cial, business, civic, educational, agricultural or
other enterprise, public or private, upon a deter-
mination by the governing body of the Authority
that such undertaking will further the development
and redevelopment for the public good of urban,
central city and downtown areas located within
Bibb County; to empower said Authority to extend
credit or make loans to any enterprise for the pur-
pose of financing undertakings for the purposes
described herein, subject to such terms as the
Authority may deem necessary or desirable; to
provide that bonds, notes or other obligations
issued and contracts entered into by said Authority
shall not be deemed to constitute debts of the
County of Bibb or the City of Macon within the
meaning of Article IX, Section VII, Paragraph I of
the Constitution of the State of Georgia; to provide
that said amendment is self-enacting and shall not
require any enabling legislation for it to become
effective, but to authorize the General Assembly to
amend the provisions of the Act creating the
Macon-Bibb County Urban Development Authority
to make it more perfectly reflect the purposes,
terms and provisions thereof, to further define the
purposes of the Macon-Bibb County Urban De-
9,510
7,160
5
NO
10,934
8,987
6,230
4
5384
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
YES
velopment Authority, to further define, prescribe
and enlarge the powers and duties of said Autho-
rity (and of the County of Bibb and the City of
Macon as the same relate to the Authority and its
undertakings) and the exercise thereof, to further
regulate the management and conduct of said Au-
thority, and to otherwise amend said Act in any
manner not inconsistent with the provisions of the
Amendment now proposed as the General Assem-
bly deems appropriate; and to ratify and confirm
all amendments to said Act heretofore enacted by
the General Assembly?
30. BIBB COUNTY
Res. 191
H. R. 674-1686
(Ga. L. 1980,
P. 2133)
Shall the Constitution be amended so as to pro-
vide that the Bibb County homestead exemption
from taxes levied for county and school purposes
shall be increased to $5,000.00 in 1981, $6,000.00
in 1982, and $7,000.00 in 1983 and thereafter?
17,927
31.
Res. Act 241
H. R. 676-1686
(Ga. L. 1980,
P. 2261)
BRANTLEY COUNTY
Shall the Constitution be amended so as to in-
crease the dollar amount of civil cases over which
the Justices of the Peace of Brantley County shall
have jurisdiction from $200.00 to $2,000.00?
580
32.
Res. Act 36
H. R. 148-522
(Ga. L. 1979,
P. 1830)
BRYAN COUNTY
Shall the Constitution be amended so as to change
the requirement that the governing authority of
Bryan County levy and collect an annual ad
valorem tax of two mills for developing and pro-
moting industry and pay the funds derived to the
Bryan County Industrial Development Authority
by authorizing the governing authority of Bryan
County to levy and collect an annual ad valorem
tax not to exceed two mills for such purposes?
33. BULLOCH COUNTY
Res. Act 39
H. R. 230-819
(Ga. L. 1979,
P. 1841)
City of Statesboro-Bulloch Co.
Shall the Constitution be amended so as to pro-
vide for the establishment of a Downtown States-
boro Development Authority and to provide for
the powers, duties and responsibilities of said
Authority?
672
1,808
NO
6,047
828
879
906
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5385
YES NO
34.
Res. Act 42
H. R. 256-969
(Ga. L. 1979,
P. 1846)
BURKE COUNTY
Burke County School District
Shall the Constitution be amended so as to pro-
vide requirements relative to setting the ad valorem
tax millage rates for educational and county gov-
ernment purposes by the Board of Education and
the Board of County Commissioners of Burke
County?
1,465
1,465
944
944
35.
Res. Act 264
H. R. 827-1887
(Ga. L. 1980,
P. 2333)
BUTTS COUNTY
Butts County School District
Shall the Constitution be amended so as to rede-
fine that homestead property which is exempt from
Butts County school taxes because owned by an
individual 62 years of age or older whose income
is within certain limits to include not more than
$12,000.00 of the assessed value thereof?
1,978
746
36.
Res. Act 196
H. R. 726-1743
(Ga. L. 1980,
P. 2150)
CAMDEN COUNTY
City of St. Marys (Camden Co.)
Shall the Constitution be amended so as to pro-
vide that the members of the Hospital Authority
of the City of St. Marys shall serve at the pleasure
of the governing authority of the City of St. Marys?
204 355
37.
Res. Act 240
H. R. 669-1672
(Ga. L. 1980,
P. 2260)
CAMDEN COUNTY
City of St. Marys (Camden Co.)
Shall the Constitution be amended so as to pro-
vide an $8,000.00 homestead exemption from city
taxes for elderly residents of the City of St. Marys;
to provide a $10,000.00 income limitation, exclu-
sive of certain benefits, required for the exemption;
and to provide that, once granted the exemption,
an owner need not reapply every year?
500
77
5386
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
38.
Res. Act 198
H. R. 731-1753
(Ga. L. 1980,
P. 2154)
CATOOSA COUNTY
Shall the Constitution be amended so as to change
the compensation of the members of the Board of
Tax Administrators for Catoosa County from
$15.00 per day for each day of actual service plus
actual expenses to $100.00 for the first meeting of
every month and $50.00 for the second meeting of
every month: provided, however, that said board
may meet a greater number than two times in any
given month but shall not receive additional com-
pensation for those extra meetings and be further
amended so as to provide that the grand jury of
Catoosa County will appoint a qualified individual
to fill any vacancy which may occur on said board
until a successor may be chosen at the next general
or primary election?
YES
1,792
39.
Res. Act 255
H. R. 774-1805
(Ga. L. 1980,
P. 2297)
CHARLTON COUNTY
Charlton County School Dist.
Shall the Constitution be amended so as to pro-
vide that each resident of the Charlton County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption of
$10,000.00 from all Charlton County School Dis-
trict ad valorem taxes?
671
NO
4,527
270
40.
Res. Act 199
H. R. 831-1900
(Ga. L. 1980,
P. 2158)
CHATHAM COUNTY
City of Savannah (Chatham County)
Shall the Constitution be amended so as to pro-
vide for a countywide vote in Chatham County on
any local Act consolidating the governments of
Chatham County and creating a new successor
countywide government?
19,749
15,011
14,963
6,413
41.
Res. Act 225
H. R. 569-1529
(Ga. L. 1980,
P. 2209)
CHATHAM COUNTY
Shall the Constitution be amended so as to vest
jurisdiction in the Recorders Court of Chatham
County to entertain pleas of guilty and of nolo
contendere in misdemeanor cases and to impose
23,161
7,326
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
5387
sentence as provided by law, provided the defen-
dant shall first waive, in writing, trial by jury?
42. CHATTOOGA COUNTY
Res. Act 219
H. R. 544-1416
(Ga. L. 1980,
P. 2198)
Town of Trion (Chattooga Co.)
Shall the Constitution be amended so as to pro-
vide that residents of the Town of Trion who are
65 years of age or older shall be granted an exemp-
tion of $2,000.00 which may be increased to not
more than $4,000.00 as fixed by the affirmative
vote of not less than six members of the mayor,
recorder and council from time to time on their
homestead from all ad valorem taxation?
YES
489
43. CHEROKEE COUNTY
Res. Act 44
H. R. 284-998
(Ga. L. 1979,
P. 1852)
Cherokee Co. School District
Shall the Constitution be amended so as to pro-
vide that each resident of the Cherokee County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted an exemption from all
Cherokee County School District taxes on the full
value of his homestead owned and occupied by
him as a residence?
7,540
NO
36
1,987
44. CLARKE COUNTY
Res. Act 259
H. R. 781-1830
(Ga. L. 1980,
P. 2305)
Shall the Constitution be amended so as to autho-
rize the board of commissioners of Clarke County
to provide by ordinance or resolution for the crea-
tion of a merit system of employment and person-
nel administration for employees of Clarke County
paid in whole or in part by county funds, other
than elected or certain appointed officials?
8,949
4,613
45.
Res. Act 29
H. R. 39-121
(Ga. L. 1979,
P. 1812)
CLAYTON COUNTY
Clayton County School District
Shall the Constitution be amended so as to pro-
vide that each resident of the Clayton County
School District who is 62 years of age or over
25,511
5,988
5388
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
and who has a gross income from all sources,
including the income of members of his family
residing with him, not exceeding $10,000.00 per
annum shall be granted a homestead exemption
of $10,000.00 of the assessed value of such home-
stead from all ad valorem taxes levied for educa-
tional purposes by or on behald of the Clayton
County School System, including taxes to retire
school bond indebtedness?
46.
Res. Act 252
H. R. 771-1805
(Ga. L. 1980,
P. 2290)
CLAYTON COUNTY
Shall the Constitution be amended so as to authorize
the General Assembly to provide by law for the
creation of the Clayton County Business and In-
dustrial Authority and to provide for its purposes,
powers, and duties and to authorize the General
Assembly to provide by law for the exercise of the
powers of taxation within Clayton County and within
special districts created within such county and for
the expenditure of public funds derived there-
from in connection with the creation and operation
of such Authority?
YES
11,529
NO
16,642
47. CLAYTON COUNTY
Res. Act 261
H. R. 807-1870
(Ga. L. 1980,
P. 2310)
Shall the Constitution be amended so as to pro-
vide for homestead exemption for resident home-
owners of Clayton County in an amount of $4,000.00
and to provide for a homestead exemption in the
amount of $8,000.00 for resident homeowners of
Clayton County who are 65 years of age or older,
whose net income, together with the net income
of his or her spouse who also occupies and resides
at such homestead, as net income is defined by
Georgia law, from all sources, does not exceed
$4,000.00 per annum?
26,559
4,900
48.
Res. Act 254
H. R. 773-1805
(Ga. L. 1980,
P. 2295)
CLINCH COUNTY
Clinch County School District
Shall the Constitution be amended so as to pro-
vide that each resident of the Clinch County
School District who is sixty-two years of age or
670
165
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5389
over and whose income (rom all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption of
$10,000.00 from all Clinch County School District
ad valorem taxes?
49.
Res. Act 41
H. R. 241-859
(Ga. L. 1979,
P. 1844)
COBB COUNTY
City of Smyrna (Cobb County)
Shall the Constitution be amended so as to authorize
the Mayor and Council of the City of Smyrna to
exempt from certain ad valorem taxes an amount
not to exceed $4,000.00 of the value of the home-
stead of certain residents of the City of Smyrna
who are at least sixty-five years of age and who
have been residents of the City for a period of
not less than three years?
YES
3,769
50.
Res. Act 161
S. R. 318
(Ga. L. 1980,
P. 2035)
COBB COUNTY
City of Powder Springs (Cobb County)
Shall the Constitution be amended so as to pro-
vide for the establishment of a Powder Springs
Downtown Development Authority and to provide
for the powers, duties, and responsibilities of said
authority?
294
NO
803
276
51. COBB COUNTY
Res. Act 174
H. R. 460-1190
(Ga. L. 1980,
P. 2098)
Cobb County School District
Shall the Constitution be amended so as to pro-
vide for a homestead exemption of $12,000.00 from
all Cobb County ad valorem taxes, including ad
valorem taxes for the Cobb County school district,
for residents of Cobb County who are disabled
and who have a net income not exceeding
$12,000.00 for the immediately preceding taxable
year?
34,000
31,706
10,107
9,523
52.
Res. Act 186
H. R. 596-1603
(Ga. L. 1980,
P. 2121)
COBB COUNTY AND DOUGLAS COUNTY
City of Austell (Cobb County)
City of Austell (Douglas County)
Shall the Constitution be amended so as to provide
219
1
43
1
5390
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
for a homestead exemption for residents of the City
of Austell in an amount to be fixed by the governing
authority of the city at not more than $1,000.00
from all City of Austell ad valorem taxes?
53.
Res. Act 187
H. R. 622-1614
(Ga. L. 1980,
P. 2123)
COBB COUNTY
Marietta School District (Cobb County)
Shall the Constitution be amended so as to exempt
from school taxation in the City of Marietta the
homestead of each resident of the city 62 years of
age or older?
YES
2,400
54.
Res. Act 192
H. R. 681-1706
(Ga. L. 1980,
P. 2134)
COBB COUNTY
City of Acworth (Cobb County)
Shall the Constitution be amended so as to provide
for the establishment of a Acworth Downtown
Development Authority and to provide for the
powers, duties, and responsibilities of said authority?
55.
Res. Act 189
H. R. 636-1641
(Ga. L. 1980,
P. 2127)
COLQUITT COUNTY
Colquitt County School District
All Cities Within Colquitt Co:
City of Moultrie
City of Norman Park
City of Funston
City of Doerun
City of Ellenton
City of Berlin
Shall the Constitution be amended so as to authorize
the General Assembly to allocate the proceeds of
the local option sales tax to the Colquitt County
School System and to reduce the mill rate limita-
tion on school taxes by the amount of local sales
tax proceeds?
385
3,202
3,202
1,877
143
143
108
128
102
56.
Res. Act 30
H. R. 51-193
(Ga. L. 1979,
P. 1815)
COLUMBIA COUNTY
Columbia County School District
Shall the Constitution be amended so as to provide
that the homestead, but not to exceed $10,000.00
6,898
NO
.635
223
2,779
2,779
1,953
78
85
118
53
60
1,346
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5391
57.
Res. Act 23
H. R. 11-35
(Ga. L. 1979,
P. 1801)
58.
Res. Act 26
H. R. 23-83
(Ga. L. 1979,
P. 1806)
59.
Res. Act 175
H. R. 470-1232
(Ga. L. 1980,
P. 2102)
60.
Res. Act 178
H. R. 473-1238
(Ga. L. 1980,
P. 2106)
of the value thereof, of each resident of the
Columbia County School District who is 62 years
of age or over and who does not have an income
from all sources, including the income from all
all sources of all members of the family residing
within said homestead, exceeding $10,000.00 per
annum, shall be exempt from all ad valorem
taxation for educational purposes levied for and in
behalf of such school system?
YES
CRISP COUNTY 1,640
Shall the Constitution be amended so as to increase
the dollar amount of civil cases over which the
Justices of the Peace in Crisp County shall have
jurisdiction to $1,000.00?
DECATUR COUNTY
City of Bainbridge (Decatur County) 958
Shall the Constitution be amended so as to provide
for the establishment of a Downtown Bainbridge
Development Authority and to provide for the
powers, duties and responsibilities of said Authority?
DEKALB COUNTY
City of Doraville (DeKalb County) 1,601
Shall the Constitution be amended so as to provide
for a homestead exemption for residents of the City
of Doraville in an amount to be fixed by the
governing authority of the city at not more than
$20,000.00 from all ad valorem taxes levied and
collected by the city?
DEKALB COUNTY 101,660
Shall the Constitution be amended 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?
NO
1,181
740
343
27,909
5392
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
YES
NO
61.
Res. Act 188
H. R. 624-1616
(Ga. L. 1980,
P. 2125)
DEKALB COUNTY AND FULTON COUNTY
DeKalb County
City of Atlanta (DeKalb Co.)
City of Atlanta (Fulton Co.)
Shall the Constitution be amended so as to grant
jurisdiction to the Recorders Court of DeKalb
County to try and dispose of all offenses and
offenders against any ordinance of DeKalb County
controlling animals, including such offenses which
occur within that portion of the corporate limits
of the City of Atlanta lying within DeKalb County?
92,957
3,214
43,524
62.
Res. Act 218
H. R. 543-1416
(Ga. L. 1980,
P. 2196)
DEKALB COUNTY
City of Decatur (DeKalb County)
Shall the Constitution be amended so as to authorize
the City of Decatur to permit residents who are
65 or over to defer payment of a portion of their
city ad valorem taxes?
4,287
63.
Res. Act 21
H. R. 9-35
(Ga. L. 1979,
P. 1796)
DOOLY COUNTY
Shall the Constitution be amended so as to increase
the dollar amount of civil cases over which the
Justices of the Peace in Dooly County shall have
jurisdiction to $1,000.00?
724
64.
Res. Act 265
H. R. 828-1891
(Ga. L. 1980,
P. 2337)
DOUGHERTY COUNTY
City of Albany (Dougherty County)
Shall the Constitution be amended so as to abolish
the Central Albany Development Authority?
8,203
65.
Res. Act 27
H. R. 37-121
(Ga. L. 1979,
P. 1808)
DOUGLAS COUNTY
Douglas County School District
Shall the Constitution be amended so as to provide
that the homestead of each resident of the Douglas
9,038
31,136
1,150
19,932
751
566
5,314
2,752
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5393
County School District who is 65 years of age or
over, regardless of income, shall be exempt from ad
valorem taxation for educational purposes levied by
or on behalf of the Douglas County School District,
including ad valorem taxation to pay interest on or
to retire school bond indebtedness, in the amount
of 50% of the assessed value of such homestead
minus any applicable exemptions otherwise pro-
vided by this Constitution on such homestead for
educational purposes, and to provide that the home-
stead of each resident of the Douglas County
School District who is 70 years of age or over,
regardless of income, shall be completely exempt
from all ad valorem taxation for educational pur-
poses levied by or on behalf of the Douglas County
School District, including ad valorem taxation to
pay interest on or to retire school bond indebtedness?
66.
Res. Act 194
H. R. 724-1743
(Ga. L. 1980,
P. 2146)
DOUGLAS COUNTY
Shall the Constitution be amended so as to empower
the board of commissioners of Douglas County to
adopt ordinances or regulations for the governing
and policing of said county and to authorize the
board of commissioners of said county to license
and regulate businesses and to levy and collect
license taxes on all persons, firms, and corpora-
tions doing business in the unincorporated areas
of said county?
YES
5,112
67.
Res. Act 195
H. R. 725-1743
(Ga. L. 1980,
P. 2148)
DOUGLAS COUNTY
Shall the Constitution be amended so as to exempt
from ad valorem property taxes levied by Douglas
County a percentage of the value of all buildings
and other improvements of each manufacturing or
distribution establishment located in Douglas
County, provided such establishment has buildings
and other improvements of $500,000.00 or more?
4,386
NO
5,792
6,585
68.
Res. Act 232
H. R. 623-1616
(Ga. L. 1980,
P. 2225)
FAYETTE COUNTY
Shall the Constitution be amended so as to autho-
rize the governing authority of the County of
Fayette to appropriate property, money, and ser-
vices, not to exceed $15,000.00 per year, for the
purpose of advertising and promoting the agri-
3,080
6,745
5394
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
cultural, industrial, historic, recreational, and
natural resources, facilities, and assets of Fayette
County for the purpose of promoting and encour-
aging the locating and expansion of industrial and
commercial facilities and for the purpose of attract-
ing tourists and conventions to said County?
69.
Res. Act 32
H. R. 127-510
(Ga. L. 1979,
P. 1819)
FLOYD COUNTY
Shall the Constitution be amended so as to pro-
vide that certain homestead exemptions from Floyd
County ad valorem taxes for certain persons sixty-
five years of age or over may be granted to both
spouses although only one meets the age require-
ment?
YES
12,541
NO
3,818
t
70.
Res. Act 33
H. R. 128-510
(Ga. L. 1979,
P. 1822)
FLOYD COUNTY
Floyd County School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Floyd County School District; to require only one
affidavit be filed in certain circumstances; and to
provide for exemptions when one spouse meets
the age requirement and the other does not?
8,217
2,864
71.
Res. Act 34
H. R. 129-510
(Ga. L. 1979,
P. 1825)
FLOYD COUNTY
Rome School District (Floyd County)
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
independent school district of the City of Rome; to
require only one affidavit be filed in certain cir-
cumstances; and to provide for exemptions when
one spouse meets the age requirement and the
other does not?
4,852
1,286
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5395
72.
Res. Act 210
H. R. 492-1291
(Ga. L. 1980,
P. 2176)
73.
Res. Act 220
H. R. 551-1437
(Ga. L. 1980,
P. 2200)
74.
Res. Act 221
H. R. 552-1437
(Ga. L. 1980,
P. 2202)
75.
Res. Act 35
H. R. 130-510
(Ga. L. 1979,
P. 1828)
76.
Res. Act 22
H. R. 10-35
(Ga. L. 1979,
P. 1797)
YES
FLOYD COUNTY 8,906
Shall the Constitution be amended so as to in-
crease the maximum dollar amount for civil cases
over which the justices of the peace in Floyd Coun-
ty shall have jurisdiction from $200.00 to $500.00
and to authorize the General Assembly to increase
said jurisdiction to an amount not to exceed
$1,000.00?
FLOYD COUNTY 7,964
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by local law
for the initial appointment and subsequent elec-
tion of the judge of the juvenile court of Floyd
County, to provide for the terms of said judge and
to shorten the term of such judge in office imme-
diately prior to the effective date of this amend-
ment, to provide for vacancies, to provide for the
aqualifications and compensation of said judge,
and to provide that said judge may serve full
time or part time?
FLOYD COUNTY 9,687
Shall the Constitution be amended so as to autho-
rize the General Assembly by local law to stagger
the terms of the commissioners of Floyd County
and in so doing to shorten the terms of any such
commissioners in office in 1981 without the neces-
sity of a referendum and to provide for terms of
less than four years?
FORSYTH COUNTY 3,042
Shall the Constitution be amended so as to autho-
rize the Board of Commissioners of Forsyth Coun-
ty to levy, assess, and collect business license
fees and to otherwise regulate businesses in the
unincorporated areas of the county?
DEKALB COUNTY AND FULTON COUNTY
City of Atlanta (DeKalb Co.) 2,235
City of Atlanta (Fulton Co.) 43,864
Fulton County 79,267
NO
6,318
6,848
5,795
3,108
1,852
29,774
54,101
5396
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
YES NO
Fulton County School District 35,403 24,327
Shall the Constitution be amended so as to create
within Fulton County the Fulton County Industrial
District and to prohibit the governing authority of
Fulton County from levying any tax for educational
purposes on taxable property within Fulton County
which is located within the boundaries of an inde-
pendent school system?
77. FULTON COUNTY
Res. Act 163
S. R. 314
(Ga. L. 1980,
P. 2048)
Shall the Constitution be amended so as to autho-
rize the General Assembly to control or limit by
local law the provision of public safety services
by the governing authority of Fulton County and
create districts within Fulton County and control
or limit Fulton County ad valorem taxes within and
without such districts to the end that Fulton County
shall levy and collect ad valorem taxes to provide
public safety services only within the area or areas
of Fulton County where such services are directly
provided by the governing authority of said county?
71,302
56,912
78.
Res. Act 166
S. R. 342
(Ga. L. 1980,
P. 2053)
FULTON COUNTY
Shall the Constitution be amended so as to autho-
rize and direct the governing authority of Fulton
County to establish rules and regulations to provide
an increase of $100.00 per month for certain former
officers and employees of Fulton County who re-
tired prior to January 1, 1964?
68,400
63,302
79.
Res. Act 167
S. R. 343
(Ga. L. 1980,
P. 2055)
FULTON COUNTY
City of Hapeville (Fulton County)
Shall the Constitution be amended so as to create
the Hapeville Development Authority and to pro-
vide for the powers, duties, and responsibilities of
said Authority; and to authorize the City of Hape-
ville to contract with said Authority, to create special
tax districts and levy taxes therein, and to levy
taxes within the municipality and expend the same
805
817
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5397
as payments pursuant to contractual agreements
which may arise between the City of Hapeville
and said Authority?
80.
Res. Act 168
S. R. 348
(Ga. L. 1980,
P. 2071)
CLAYTON COUNTY AND FULTON COUNTY
City of College Park (Clayton County)
City of .College Park (Fulton County)
Shall the Constitution be amended so as to create
the College Park Business and Industrial Develop-
ment Authority and to provide for the powers,
authority and duties of such Authority, and to
authorize the Authority to issue revenue bonds,
and to authorize the Authority to contract with the
State of Georgia or any of its departments or in-
strumentalities, public corporations and others and
to authorize the City of College Park to contract
with the Authority and to authorize the City of
College Park to make payments to the Authority
upon such terms as may be provided in any con-
tract entered into between the Authority and the
City of College Park and to authorize the City of
College Park to create special business and indus-
trial tax districts?
YES
273
2,365
81.
Res. Act 182
H. R. 517-1361
(Ga. L. 1980,
P. 2112)
DEKALB COUNTY AND FULTON COUNTY
City of Atlanta (DeKalb Co.)
City of Atlanta (Fulton Co.)
Shall the Constitution be amended so as to autho-
rize the City of Atlanta to issue and sell revenue
bond for the purpose of constructing and main-
taining off-street parking facilities?
2,904
48,735
82.
Res. Act 193
H. R. 684-1706
(Ga. L. 1980,
P. 2144)
CLAYTON COUNTY AND FULTON COUNTY
City of College Park (Clayton County)
City of College Park (Fulton County)
Shall the Constitution be amended so as to in-
crease the homestead exemptions for resident
homeowners of the City of College Park to an
amount of four thousand dollars ($4,000.00) for
resident homeowners under the age of 65 and to
an amount of six thousand dollars ($6,000.00) for
456
3,303
NO
218
1,288
1,622
26,345
78
650
5398
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
resident homeowners who are totally disabled or
are 65 years of age or older?
83.
Res. Act 245
H. R. 683-1706
(Ga. L. 1980,
P. 2271)
FULTON COUNTY
City of Union City (Fulton County)
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $2,000.00 from all
city ad valorem taxes for each resident of Union
City who is disabled if his adjusted gross income,
together with the adjusted gross income of his
spouse who also occupies and resides at such
homestead, does not exceed $8,000.00 for the im-
mediately preceding tax year for income tax pur-
poses?
YES
832
84.
Res. Act 43
H. R. 283-997
(Ga. L. 1979,
P. 1849)
GLYNN COUNTY
Glynn County School District
Shall the Constitution be amended so as to pro-
vide for the purposes of all ad valorem taxation
for Glynn County and the Glynn County school dis-
trict the assessed value of the homestead of each
resident of such county or school district who is
sixty-two years of age or over or who is disabled and
who has a gross income not exceeding $12,000.00
per annum shall not be increased?
8,308
8,308
NO
159
3,120
3,120
85.
Res. Act 235
H. R. 634-1636
(Ga. L. 1980,
P. 2247)
GORDON COUNTY
Gordon County School District
Shall the Constitution be amended so as to pro-
vide that, for the purposes of the homestead ex-
emptions of persons 62 years of age or over
from ad valorem taxes levied for school purposes
in the Gordon County school district, income
shall not include income received as retirement,
survivor, or disability benefits under the Federal
Social Security Act?
2,567
86.
Res. Act 236
H. R. 635-1636
(Ga. L. 1980,
P. 2250)
GORDON COUNTY
Calhoun School District (Gordon County)
Shall the Constitution be amended so as to pro-
vide that, for the purposes of the homestead ex-
844
1,391
243
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5399
emptions of persons 62 years of age or over from
ad valorem taxes levied for school purposes in the
independent school district of the City of Calhoun,
Georgia, income shall not include income re-
ceived as retirement, survivor, or disability bene-
fits under the Federal Social Security Act?
87. HABERSHAM COUNTY
Res. Act 248
H. R. 754-1776
(Ga. L. 1980,
P. 2280)
Habersham Co. School District
Shall the Constitution be amended so as to autho-
rize the Board of Education of Habersham County
to direct the governing authority of Habersham
County to impose certain excise taxes on alcoholic
beverages sold within all parts of Habersham
County and to authorize said Board to receive
funds derived from such taxes and expend same
for educational purposes within the Habersham
County school district?
YES
2,852
2,852
88. HABERSHAM COUNTY
Res. Act 249
H. R. 755-1776
(Ga. L. 1980,
P. 2283)
Habersham Co. School Dist.
Shall the Constitution be amended so as to exempt
from Habersham County school taxes the value of
a homestead owned by an individual who is totally
disabled or 65 years of age or older and has an
annual income of not more than $12,000 exclusive
of retirement benefits?
3,680
NO
2,040
2,040
1,216
89.
Res. Act 155
S. R. 248
(Ga. L. 1980,
P. 2024)
HALL COUNTY
City of Gainesville (Hall County)
Shall the Constitution be amended so as to pro-
vide constitutional authority for the establishment
of a Gainesville Redevelopment Authority and to
provide for the powers, duties, and responsibili-
ties of the authority?
2,413
90. HALL COUNTY 6,931
Res. Act 233 Shall the Constitution be amended so as to create
H. R. 625-1617 a board of elections in Hall County?
(Ga. L. 1980,
P. 2227)
1,327
6,357
5400
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
91.
Res. Act 238
H. R. 644-1666
(Ga. L. 1980,
P. 2255)
HENRY COUNTY
Shall the Constitution be amended so as to in-
crease the special homestead exemption for the
elderly from Henry County ad valorem taxes to
$6,000.00 and to extend the exemption to per-
sons whose adjusted family income is $6,000.00,
rather than $4,000.00, a year?
YES
6,695
NO
1,778
92.
Res. Act 239
H. R. 645-1666
(Ga. L 1980,
P. 2257)
HENRY COUNTY
Henry County School District
Shall the Constitution be amended so as to in-
crease the special homestead exemption for the
elderly from ad valorem taxes for educational pur-
poses in Henry County to $20,000.00 and to ex-
tend the exemption to persons whose adjusted
family income is $12,000.00, rather than
$6,000.00, a year?
6,347
2,450
93.
Res. Act 258
H. R. 778-1823
(Ga. L. 1980,
P. 2303)
HENRY COUNTY
Shall the Constitution be amended so as to autho-
rize and empower the governing authority of Henry
County to adopt ordinances or regulations, includ-
ing traffic and animal control regulations, for the
governing and policing of the unincorporated areas
of said county and to enact punishment or penal-
ties for the violation of such ordinances?
5,248
3,457
94.
Res. Act 197
H. R. 729-1753
(Ga. L. 1980,
P. 2151)
HOUSTON COUNTY
City of Perry (Houston Co.)
Shall the Constitution be amended so as to pro-
vide a homestead e cemption of $8,000.00 from all
City of Perry ad valorem taxes for each resident
of the city who is 62 years of age or over or dis-
abled if his or her adjusted gross income, together
with the adjusted gross income of his or her spouse
who also occupies and resides at such homestead,
does not exceed $10,000.00, exclusive of certain
retirement, survivor, disability, and pension bene-
fits?
1,546
305
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5401
95.
Res. Act 203
H. R. 458-1171
(Ga. L. 1980,
P. 2163)
HOUSTON COUNTY
Houston Co. School District
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
Houston County and Houston County School Dis-
trict ad valorem taxes for each resident of Houston
County who is 62 years of age or over or dis-
abled if his adjusted gross income, together with
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survivor, disability, and pension benefits?
YES
11,148
11,148
96.
Res. Act 247
H. R. 730-1753
(Ga. L. 1980,
P. 2276)
JACKSON COUNTY
Jackson County School Dist.
Shall the Constitution be amended so as to pro-
vide for the division of the Jackson County School
District into education districts in order to provide
for the election of the members of the Board of
Education of Jackson County and to provide for
the appointment of the Superintendent of the
Jackson County School System by said Board of
Education?
2,380
97.
Res. Act 230
H. R. 587-1593
(Ga. L. 1980
P. 2221)
LIBERTY COUNTY
City of Hinesville (Liberty County)
Shall the Constitution be amended so as to change
the provisions relating to the membership of the
Liberty County Industrial Authority?
1,373
788
98.
Res. Act 201
H. R. 453-1145
(Ga. L. 1980,
P. 2160)
LOWNDES COUNTY
Shall the Constitution be amended so as to in-
crease the civil jurisdiction of justices of the peace
in Lowndes County from $200.00 to $1,000.00?
4,359
NO
3,899
3,899
897
529
242
4,710
99.
Res. Act 224
H. R. 568-1523
(Ga. L. 1980,
P. 2207)
LOWNDES COUNTY
Lowndes Co. School District
Shall the Constitution be amended so as to pro-
vide that the' homestead of each resident of
8,249
3,643
1,649
754
5402
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
Lowndes County, but not to exceed $6,000.00 of
the value thereof, and the homestead of each
resident of Lowndes County who is 65 years of
age or over, but not to exceed $10,000.00 of the
value thereof, shall be exempt from all ad valorem
taxes for county and school purposes, except to
pay interest on and retire bonded indebtedness?
100.
Res. Act 246
H. R. 728-1753
(Ga. L. 1980,
P. 2273)
LOWNDES COUNTY
City of Valdosta (Lowndes Co.)
Valdosta School District (Lowndes Co.)
Shall the Constitution be amended so as to pro-
vide that the homestead of each resident of the
City of Valdosta, but not to exceed $6,000.00 of
the value thereof, and the homestead of each resi-
dent of the City of Valdosta who is 65 years of
age or over, but not to exceed $10,000.00 of the
value thereof, shall be exempt from all ad valorem
taxes for city and school purposes, except to pay
interest on and retire bonded indebtedness?
YES
4,365
4,365
NO
842
842
101.
Res. Act 266
H. R. 864-1901
(Ga. L. 1980,
P. 2338)
MARION COUNTY
Marion County School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of per-
sons sixty-two years of age or over from ad valorem
taxes levied for school purposes In the Marion
County School District?
590
155
102. MONROE COUNTY
Res. Act 228
H. R. 581-1570
(Ga. L. 1980,
P. 2216)
Shall the Constitution be amended so as to increase
the amount of each homestead of each resident of
Monroe County which is exempt from county and
school taxes to $6,000.00 and so as to increase
to $10,000.00 the amount of the homestead which
is exempt from county and school taxes of each
resident of Monroe County who is sixty-five years
of age or over and whose income does not exceed
$10,000.00?
2,415
477
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5403
103.
Res. Act 164
S. R. 332
(Ga. L. 1980,
P. 2050)
104.
Res. Act 208
H. R. 481-1260
(Ga. L. 1980,
P. 2173)
105.
Res. Act 153
S. R. 227
(Ga. L. 1980,
P. 2009)
106.
Res. Act 162
S. R. 311
(Ga. L. 1980,
P. 2045)
107.
Res. Act 207
H. R. 478-1260
(Ga. L. 1980,
P. 2171)
YES NO
MURRAY COUNTY 2,091 575
Shall the Constitution be amended so as to increase
to $6,000.00 the amount of the homestead
exemption from county taxes for residents of Murray
County who are 65 years of age or over?
MURRAY COUNTY 1,334 1,003
Shall the Constitution be amended so as to increase
the dollar amount of civil cases over which the
Justices of the Peace in Murray County shall have
jurisdiction from $200.00 to $1,000.00?
MUSCOGEE COUNTY 19,174 11,092
Muscogee County School District 19,174 11,092
Shall the Constitution be amended so as to provide
for automatic changes of homestead exemptions
granted in Muscogee County for county and school
purposes based upon changes in the county tax
digest?
MUSCOGEE COUNTY
City of Columbus (Muscogee County) 19,701 9,551
Shall the Constitution be amended so as to create
at ten-year intervals a Charter Review Commission
for the City of Columbus, Georgia, to study the
charter of said city and, in its discretion, to propose
changes in the existing charter which will be sub-
mitted to the voters of said city for their approval
or rejection?
NEWTON COUNTY 6,289 1,032
Newton County School District 6,289 1,032
Shall the Constitution be amended so as to grant
each resident of Newton County a homestead
exemption of $4,000.00 from all Newton County
ad valorem taxes including ad valorem taxes for the
Newton County School District?
5404
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
108.
Res. Act 215
H. R. 521-1370
(Ga. L. 1980,
P. 2187)
NEWTON COUNTY
Newton County School District
Shall the Constitution be amended so as to provide
a homestead exemption of $8,000.00 from all
Newton County and Newton County School Dis-
trict ad valorem taxes for each resident of Newton
County who is 65 years of age or over or disabled
if his adjusted gross income, together with the ad-
justed gross income of his spouse who also occu-
pies and resides at such homestead, does not
exceed $ 10,000.00, exclusive of certain retirement,
survivor, disability, and pension benefits?
109.
Res. Act 262
H. R. 823-1875
(Ga. L. 1980,
P. 2312)
PAULDING COUNTY
Paulding County School District
Shall the Constitution be amended so as to provide
for a homestead exemption of $12,000.00 from all
Paulding County ad valorem taxes, including ad
valorem taxes for the Paulding County school
district, for residents of Paulding County who are
disabled and who have a net income not exceeding
$12,000.00 for the immediately preceding taxable
year?
YES
5,981
5,981
3,300
3,300
110.
Res. Act 37
H. R. 163-650
(Ga. L. 1979,
P. 1832)
PIKE COUNTY
Shall the Constitution be amended so as to create
the Pike County Retirement Home Authority for
the purpose of acquiring, constructing, improving,
equipping, altering, repairing and maintaining re-
tirement home facilities for lease or sale to non-
profit, tax exempt religious or charitable firms or
corporations, with the power to borrow money and
issue revenue bonds to finance the cost of accom-
plishing the foregoing?
996
NO
1,093
1,093
1,756
1,756
797
111. POLK COUNTY
Res. Act 19
S. R. 36
(Ga. L. 1979,
P. 1792)
City of Rockmart (Polk County)
Shall the Constitution be amended so as to provide
that residents of the City of Rockmart who are
65 years of age or over shall be granted a home-
stead exemption of $2,000.00 from ad valorem
taxation by said city?
579
49
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5405
112.
Res. Act 202
H. R. 456-1162
(Ga. L. 1980,
P. 2162)
BURKE COUNTY AND RICHMOND COUNTY
City of Blythe (Burke County)
Richmond County
Richmond County School District
City of Augusta (Richmond County)
City of Hephzibah (Richmond County)
City of Blythe (Richmond County)
YES
NO
NO REGISTERED VOTERS
IN CITY WITHIN BURKE
COUNTY
16,313
16,313
5,236
378
100
4,479
4,479
1,113
131
34
Shall the Constitution be amended so as to permit
the General Assembly to authorize local taxing
jurisdictions in Richmond County to grant discounts
for early payment of ad valorem taxes?
113.
Res. Act 211
H. R. 516-1355
(Ga. L. 1980,
P. 2177)
BURKE COUNTY AND RICHMOND COUNTY
City of Blythe (Burke County)
Richmond County
Richmond County School District
City of Augusta (Richmond County)
City of Hephzibah (Richmond County)
City of Blythe (Richmond County)
NO REGISTERED VOTERS
IN CITY WITHIN BURKE
COUNTY
13,877 6,259
13,877 6,259
4,463 1,590
322 181
91 39
Shall the Constitution be amended so as to require
a referendum before a local taxing jurisdiction in
Richmond County may levy an ad valorem tax
mill rate greater than a mill rate determined based
upon the mill rate levied in 1979?
114.
Res. Act 216
H. R. 525-1379
(Ga. L. 1980,
P. 2190)
RICHMOND COUNTY
Richmond Co. School District
Shall the Constitution be amended so as to increase
the amount of the homestead of each resident of
Richmond County, which is exempt from county
and school taxes, from $2,000.00 to $5,000.00,
to increase from $4,000.00 to $10,000.00 the
24,791
24,791
4,696
4,696
5406
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
amount of the homestead of each resident of
Richmond County who is 65 years of age or over
and whose income does not exceed $10,000.00,
which is exempt from taxes for county and school
purposes, and to allow an exemption from ad
valorem taxes for county and school purposes of
$10,000.00 for the homestead of each resident of
Richmond County who is totally and permanently
disabled?
115.
Res. Act 226
H. R. 570-1531
(Ga. L. 1980,
P. 2211)
RICHMOND COUNTY
City of Augusta (Richmond County)
Shall the Constitution be amended so as to pro-
vide for homestead exemption for residents and
homeowners of the City of Augusta, under 65 years
of age, in an amount equal to the greater of:
1) two thousand dollars ($2,000.00), or 2) an
amount equal in dollar value to the homestead
of any such person which now or hereinafter may
be exempted from ad valorem taxation by Rich-
mond County, Georgia; and, for homestead exemp-
tion for residents and homeowners of the City of
Augusta, 65 years of age or older, in an amount
equal to the greater of: 1) four thousand dollars
($4,000.00), or 2) an amount equal in dollar
value to the homestead of any said person age
65 years or older, which now or hereinafter may
be exempted from ad valorem taxation by Rich-
mond County, Georgia; provided, that the net
income of said resident homeowner age 65 years
or older, together with the net income of his or
her spouse who also occupies and resides at said
homestead, from all sources, does not exceed four
thousand dollars ($4,000.00) for income tax pur-
poses, for the immediately preceding taxable year?
YES
6,005
116. ROCKDALE COUNTY
Res. Act 227
H. R. 578-1550
(Ga. L. 1980,
P. 2215)
Rockdale Co. School District
Shall the Constitution be amended so as to pro-
vide that any resident of Rockdale County who is
65 years of age or older or who is totally dis-
abled shall be granted a homestead exemption of
$20,000.00 from ad valorem taxation for school
purposes by Rockdale County?
6,906
NO
1,047
1,670
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5407
117.
Res. Act 20
S. R. 133
(Ga. L. 1979,
P. 1793)
SPALDING COUNTY
Spalding Co. School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Spalding County School District?
118.
Res. Act 263
H. R. 826-1885
(Ga. L. 1980,
P. 2315)
SPALDING COUNTY
Spalding County
City of Griffin (Spalding County)
Shall the Constitution be amended so as to ratify
the Griffin Development Authority created for the
purpose of encouraging and promoting the eco-
nomic improvement, development and rehabilita-
tion of the City of Griffins central business area
pursuant to Act of the General Assembly approved
April 11, 1979, as amended and to amend such
Act by restating it in its entirety and superseding
it and, in so doing, to authorize the Authority to
issue its revenue bonds, notes and other obliga-
tions and to provide for the method and manner of
such issuance and for the validation thereof, to
authorize the Authority to contract with the City
of Griffin and with counties, municipalities and
other political subdivisions of the State, and to
provide other terms and conditions upon which
the Authority shall operate within a Development
District in the City of Griffin?
YES
5,900
5,081
2,708
119.
Res. Act 223
H. R. 565-1512
(Ga. L. 1980,
P. 2205)
TAYLOR COUNTY
Taylor County School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Taylor County School District?
1,177
NO
8,773
5,027
1,859
449
120.
Res. Act 158
S. R. 290
(Ga. L. 1980,
P. 2029)
TOWNS COUNTY
Towns County
Towns County School District
Shall the Constitution be amended so as to au-
1,226
1,226
1,304
1,304
5408
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
thorize the Board of Education of Towns County
to direct the governing authority of Towns County
to impose certain excise taxes on alcoholic bev-
erages sold within Towns County and to authorize
said Board to receive funds derived from such
taxes and expend same for educational purposes
within the Towns County school district?
121. TOWNS COUNTY
Res. Act 205
H. R. 461-1190
(Ga. L. 1980,
P. 2168)
Towns County
Shall the Constitution be amended so as to provide
that the Towns County Board of Education shall
have the authority to expend funds to finance all
or part of the employer and employee contribu-
tions to any health insurance plan for retired
public school teachers created by the general law
of this state?
YES NO
899 990
122.
Res. Act 243
H. R. 679-1700
(Ga. L. 1980,
P. 2266)
TURNER COUNTY
City of Ashburn (Turner Co.)
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
City of Ashburn ad valorem taxes for each resi-
dent of the city who is 62 years of age or over
or disabled if his adjusted gross income, together
with the adjusted gross income of his spouse who
also occupies and resides at such homestead,
does not exceed $10,000.00, exclusive of certain
retirement, survivor, disability, and pension bene-
fits?
789 172
123.
Res. Act 260
H. R. 785-1850
(Ga. L. 1980,
P. 2307)
TURNER COUNTY
Turner County
Turner Co. School District
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
Turner County and Turner County School Dis-
trict ad valorem taxes for each resident of Turner
County who is 62 years of age or over or dis-
abled if his adjusted gross income, together with
1,353
1,353
291
291
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5409
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survivor, disability, and pension benefits?
124.
Res. Act 206
H. R. 476-1248
(Ga. L. 1980,
P. 2169
TWIGGS COUNTY AND WILKINSON COUNTY
City of Danville (Twiggs County)
City of Danville (Wilkinson County)
Shall the Constitution be amended so as to pro-
vide that residents of the City of Danville who are
60 years of age or over shall be granted a home-
stead exemption of $2,000.00 in 1981 and
$4,000.00 thereafter from ad valorem taxation by
said city?
YES NO
55 1
70 1
125.
Res. Act 212
H. R. 518-1361
(Ga. L. 1980,
P. 2180)
TWIGGS COUNTY
Twiggs County
Twiggs County School District
Shall the Constitution be amended so as to in-
crease the Twiggs County homestead exemption
from taxes levied for county and school purposes
to $4,000.00 in 1981, $5,000.00 in 1982. and
$6,000.00 in 1983 and thereafter and to increase
the exemption allowed from county taxes for cer-
tain persons aged 65 or over to $6,000.00 in
1981, $7,000.00 in 1982, and $8,000.00 in 1983
and thereafter?
1,573
1,573
178
178
126.
Res. Act 217
H. R. 527-1392
(Ga. L. 1980,
P. 2194)
TWIGGS COUNTY
City of Jeffersonville (Twiggs County)
Shall the Constitution be amended so as to pro-
vide that residents of the City of Jeffersonville
who are 60 years of age or over shall be granted
a homestead exemption of $2,000.00 in 1981
and $4,000.00 thereafter from ad valorem tax-
ation by said City?
194
10
5410
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
127.
Res. Act 38
H. R. 164-650
(Ga. L. 1979,
P. 1839)
UPSON COUNTY
Upson County
Shall the Constitution be amended so as to in-
crease the jurisdiction of civil cases over which
the Justices of the Peace of Upson County shall
have jurisdiction?
YES
2,800
NO
2,261
128.
Res. Act 45
H. R. 298-1009
(Ga. L. 1979,
P. 1854)
UPSON COUNTY
Upson County School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Upson County School District?
2,673
693
129.
Res. Act 250
H. R. 757-1778
(Ga. L. 1980,
P. 2286)
UPSON COUNTY
City of Thomaston (Upson County)
Shall the Constitution be amended so as to pro-
vide for the establishment of the City of Thomaston
Business Development Authority and to provide for
the powers, duties, and responsibilities of said
authority?
1,155
1,265
130. WARE COUNTY
Res. Act 256 Ware County School District
H. R. 775-1805
(Ga L 1980 Shall the Constitution be amended so as to pro-
P 2299) vide ,^lat eac^ res>dent of the Ware County School
District who is sixty-two years of age or over
and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption
of $10,000.00 from all Ware County School Dis-
trict ad valorem taxes?
2,031
813
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5411
131.
Res. Act 257
H. R. 776-1805
(Ga. L. 1980,
P. 2301)
WARE COUNTY
Waycross School District (Ware County) 2,697 767
Shall the Constitution be amended so as to pro-
vide that each resident of the City of Waycross
Independent School District who is sixty-two years
of age or over and whose income from all sources,
including the income of all family members residing
within said homestead, does not exceed $ 12,000,00
per annum shall be granted a homestead exemp-
tion of $10,000.00 from all ad valorem taxes
levied by the City of Waycross for educational
purposes?
132.
Res. Act 180
H. R. 510-1346
(Ga. L. 1980,
P. 2109)
WAYNE COUNTY
Wayne County
Shall the Constitution be amended so as to increase
the amount of the homestead of each resident of
Wayne County, which is exempt from county taxes,
from $2,000.00 to $5,000,00?
2,551
704
133.
Res. Act 237
H. R. 643-1651
(Ga. L. 1980,
P. 2252)
WHITE COUNTY
White County
White County School District
Shall the Constitution be amended so as to pro-
vide that for the purposes of White County and
White County school district ad valorem taxes, the
homestead exemption for the elderly shall be in-
creased to $10,000.00 and the income qualifica-
tion for such homestead exemption shall be changed
to $10,000.00 from all sources?
1,972
1,972
680
680
134.
Res. Act 185
H. R. 592-1600
(Ga. L. 1980,
P. 2119)
WHITFIELD COUNTY
City of Dalton (Whitfield County)
Shall the Constitution be amended so as to pro-
vide for the establishment of a Downtown Dalton
Development Authority and to provide for the
powers, duties and responsibilities of said Author-
ity?
3,216
1,125
5412
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
135.
Res. Act 231
H. R. 591-1600
(Ga. L. 1980,
P. 2223)
136.
Res. Act 242
H. R. 678-1700
(Ga. L. 1980,
P. 2263)
137.
Res. Act 244
H. R. 680-1700
(Ga. L. 1980,
P. 2268)
WHITFIELD COUNTY
City of Dalton (Whitfield County)
Shall the Constitution be amended so as to pro-
vide that residents of the City of Dalton who are
62 years of age or over, or who are totally dis-
abled, and who have an income from all sources,
including the income of certain members of the
family, not exceeding $6,000.00 per annum, shall
be granted a homestead exemption of $10,000.00
from ad valorem taxation by said City?
YES
3,607
NO
625
WORTH COUNTY
Worth County 1,965 555
Worth Co. School District 1,965 555
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
Worth County and Worth County School District
ad valorem taxes for each resident of Worth
County who is 62 years of age or over or dis-
abled if his adjusted gross income, together with
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survior, disability, and pension benefits?
WORTH COUNTY
City of Sylvester (Worth County) 536 149
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
City of Sylvester ad valorem taxes for each resi-
dent of the city who is 62 years of age or over or
disabled if his adjusted gross income, together with
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survivor, disability, and pension benefits?
For any information regarding these
ACTS and RESOLUTIONS please contact
DAVID B. POYTHRESS
Secretary of State










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