Acts and resolutions of the General Assembly of the state of Georgia, 1982, volume II

*
Compiler's Note
General Acts and Resolutions of the 1982 Session are
grouped in Volume One beginning at page 1. Proposed
amendments to the Constitution are grouped together begin-
ning at page 2503, of Volume One. This volume is bound
separately.
Local and Special Acts and Resolutions are grouped in Vol-
ume Two beginning on page 3501. Revisions and amendments
of municipal charters made pursuant to the Municipal Home
Rule Act of 1965 as amended and filed in the office of the
Secretary of State during 1981 are printed in Volume Two
beginning on page 5173. Home Rule Actions by Counties filed
in the office of the Secretary of State during 1980 are printed
in Volume Two beginning on page 5119.
There are no numbered pages between 2905 and 3501.
The indexes are printed in each volume and covers the ma-
terial 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
1982
Compiled and Published by Authority of the State
Volume II
6/)
lHo 7
flU
1. X
GEORGIA LAWS 1982
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References ............ iv
Bills and ResolutionsAct Number References ................ xii
Acts and Resolutions of General Application . . . ......... 2A
Resolutions Proposing Amendments to the Constitution......... 2503
Vetoes by the Governor, 1979 Session ....... 2690
Map of Counties and Judicial Circuits 2705
Appellate CourtsPersonnel ............ 2706
Superior CourtsPersonnel and Calendars......................... 2707
IndexTabular 2717
IndexGeneral 2744
Population of Georgia CountiesAlphabetically................... 2798
Population of Georgia CountiesNumerically ..................... 2801
Georgia Senatorial Districts, Alphabetically by County.......... 2803
Georgia Senators, Alphabetically by Name........................ 2805
Georgia Senators, Numerically by District ...................... 2807
Georgia House Districts, Alphabetically by County 2809
Georgia Representatives, Alphabetically by Name................. 2811
Georgia Representatives, Numerically by District................. 2819
Status of Referendum Elections for the Years 1953-1980 ......... 2827
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... xii
Acts and Resolutions of Local Application....................... 3503
County Home Rule Actions 5119
Municipal Home Rule Actions ..................................... 5173
Vetoes by the Governor, 1979 Session............................ 5359
Map of Counties and Judicial Circuits........................... 5374
Appellate CourtsPersonnel....................................... 5375
Superior CourtsPersonnel and Calendars......................... 5376
IndexTabular.................................................... 5386
IndexGeneral ................................................... 5413
Population of Georgia CountiesAlphabetically .................. 5467
Population of Georgia CountiesNumerically ..................... 5470
Georgia Senatorial District, Alphabetically by County .......... 5472
Georgia Senators, Alphabetically by Name........................ 5474
Georgia Senators, Numerically by District ....................... 5476
Georgia House Districts, Alphabetically by County .............. 5478
Georgia Representatives, Alphabetically by Name 5480
Georgia Representatives, Numerically by District ................ 5488
Status of Referendum Elections for the Years 1953-1980 5496
Act i
Act 1
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
Page Act No.
Page
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No.
Page
3503
1
3
150
152
3508
3510
3519
. 156
3530
. 3562
3564
3568
. 3573
. 3575
158
158
165
. 3578
. 206
403
3582
410
412
420
3590
422
3592
425
3595
3598
3602
428
430
434
436
437
439
442
3607
444
3610
452
3612
3614
3616
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
3619
3621
479
3626
3627
3632
3638
486
3648
3678
3680
3684
3689
3692
3696
3700
3702
3705
488
493
495
3707
497
3715
501
3721
3723
3725
3728
3733
3736
3738
3745
3749
3753
3763
3766
3768
3772
3787
502
3789
3797
3803
504
3806
IV
Page
Act No.
Page Act No.
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
3843
3844
3846
3848
3851
3852
3854
3859
3861
3864
3866
3870
3872
3881
3885
3887
506
3890
3892
3894
3897
3899
3910
3913
507
3916
3919
509
3920
511
3923
3925
3929
3931
3935
3938
3940
513
3941
515
3943
3947
3950
3954
4001
4003
4006
4009
518
4012
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
4022
4024
4031
4038
4040
4042
4044
4046
4047
4049
4055
4057
4060
4061
4063
4066
4068
4071
4074
4078
4081
4085
4087
4089
4092
4094
4101
4103
4107
4109
4111
4115
4118
4120
4122
4124
4126
520
4131
4134
4138
4139
4148
4154
4157
4162
4166
4174
4181
521
V
Act No. Page
1020 ......................... 4184
1021 .523
1022 4188
1023 4190
1024 4193
1025 ......................... 4195
1026 4196
1027 . 4197
1028 526
1029 ......................... 4199
1030 4208
1031 4209
1032 4211
1033 531
1034 4214
1035 ......................... 4216
1036 4218
1037 4221
1038 ......................... 4223
1039 4225
1040 4228
1041 4230
1042 4232
1043 .......................... 533
1044 4235
1045 4239
1046 4242
1047 .......................... 534
1048 4247
1049 .......................... 536
1050 ......................... 4249
1051 4251
1052 ......................... 4255
1053 .......................... 537
1054 .......................... 538
1055 ......................... 4258
1056 4270
1057 4274
1058 4277
1059 4283
1060 4285
1061 4288
1062 ......................... 4291
1063 4293
1064 4295
1065 4298
1066 4300
1067 .......................... 541
1068 .......... 543
1069 544
Act No. Page
1070 4303
1071 4305
1072 546
1073 4306
1074 .................... . 4309
1075 547
1076 4310
1077 548
1078 4321
1079 4322
1080 .......................... 552
1081 4325
1082 4331
1083 4334
1084 4336
1085 4339
1086 4342
1087 .......................... 4345
1088 4348
1089 4350
1090 4353
1091 4354
1092 .......................... 4382
1093 .......................... 4385
1094 4392
1095 4396
1096 4402
1097 4406
1098 4409
1099 4414
1100 4417
1101 4419
1102 4421
1103 4423
1104 4427
1105 .......................... 575
1106 .......................... 4428
1107 4431
1108 .......................... 4435
1109 4439
1110 4441
1111 4443
1112 4445
1113 4448
1114 4450
1115 . 4452
1116 4465
1117 4469
1118 4471
1119 4473
vi
Act No. Page
1120 4476
1121 4478
1122 4481
1123 4484
1124 4486
1125 4489
1126 4491
1127 4493
1128 4497
1129 4500
1130 581
1131 4501
1132 4503
1133 4505
1134 4506
1135 4508
1136 4510
1137 4512
1138 4515
1139 4517
1140 4520
1141 4522
1142 .......................... 582
1143 ......................... 4523
1144 4530
1145 4531
1146 585
1147 4536
1148 4537
1149 4540
1150 4544
1151 4546
1152 4548
1153 586
1154 4550
1155 4558
1156 4561
1157 4568
1158 4570
1159 588
1160 4575
1161 .......................... 589
1162 4578
1163 4581
1164 590
1165 4583
1166 4584
1167 4586
1168 4589
1169 4592
Act No. Page
1170 4594
1171 4596
1172 4599
1173 4601
1174 . . . 591
1175 592
1176 4604
1177 4606
1178 4611
1179 .595
1180 4615
1181 4616
1182 4618
1183 4621
1184 4623
1185 4625
1186 4633
1187 4638
1188 4640
1189 4642
1190 4649
1191 . 4657
1192 ......................... 4659
1193 . 596
1194 4665
1195 4668
1196 4670
1197 4672
1198 4674
1199 603
1200 615
1201 644
1202 .......................... 650
1203 . 682
1204 .......................... 684
1205 .......................... 686
1206 ...... 688
1207 692
1208 694
1209 696
1210 698
1211 702
1212 706
1213 712
1214 718
1215 720
1216 723
1217 776
1218 779
1219 782
vii
Act No.
Page Act No.
Page
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269
784
786
789
792
793
796
798
800
802
804
805
807
822
824
825
826
827
830
833
834
836
843
845
847
849
850
853
856
857
864
867
869
871
873
875
877
879
881
883
886
890
892
896
897
903
906
910
913
915
920
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1314
1315
1316
1317
1318
1319
922
925
928
930
933
4676
934
4717
4725
4781
936
4786
4790
4792
4794
4798
4801
937
950
952
955
959
961
964
965
968
970
974
975
978
980
982
984
986
988
989
991
993
4829
996
4831
4832
4834
4837
4839
4841
4843
4845
4847
4849
Vlll
Page
Act No. Page Act No.
1320 .......................... 4852 1370
1321 4853 1371
1322 4859 1372
1323 4861 1373
1324 4864 1374
1325 . 4867 1375
1326 999 1376
1327 1001 1377
1328 .......................... 1019 1378
1329 ......................... 1023 1379 .
1330 1054 1380 .
1331 1056 1381
1332 1060 1382
1333 1063 1383
1334 1065 1384
1335 1073 1385
1336 1075 1386 .
1337 1077 1387
1338 ......................... 1081 1388 .
1339 1085 1389
1340 4869 1390
1341 .......................... 4896 1391
1342 .......................... 1087 1392 .
1343 4909 1393
1344 4915 1394
1345 .......................... 4926 1395
1346 4935 1396
1347 4985 1397
1348 4987 1398
1349 1089 1399
1350 .......................... 1093 1400
1351 1095 1401
1352 1097 1402
1353 1101 1403
1354 1103 1404
1355 1105 1405
1356 1106 1406
1357 1108 1407
1358 1110 1408
1359 1111 1409
1360 1114 1410
1361 ..........................1116 1411
1362 1118 1412
1363 . 1120 1413
1364 1122 1414
1365 1134 1415
1366 1136 1416
1367 1144 1417
1368 1148 1418
1369 1150 1419
ix
1153
1156
1163
5002
1171
1174
1175
1177
1178
5031
1180
1181
1183
1184
1186
1187
1189
1192
1197
1199
1204
1207
1212
1217
1221
1224
1227
1228
1230
1232
5040
1234
1242
1244
1245
1249
1251
1253
1254
1255
1257
1262
1263
1264
1267
1271
1273
1278
1281
1283
Act No.
Page Act No.
Page
1420
1421
1422
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
1453
1454
1455
1456
1457
1458
1459
1460
1461
1462
1463
1464
1465
1466
1467
1468
1469
1285
1287
5046
1288
1290
1292
5049
5051
1356
1361
1364
1369
1371
1373
1376
1385
1416
1431
1463
1476
1486
1493
1499
1502
1504
1512
1568
1577
1578
1582
1584
1589
1592
1597
1601
1603
1605
1607
1610
1612
1617
1619
1621
1624
1629
1633
1637
1644
1650
1653
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484
1485
1486
1487
1488
1489
1490
1491
1492
1493
1494
1495
1496
1497
1498
1499
1500
1501
1502
1503
1504
1505
1506
1507
1508
1509
1510
1511
1512
1513
1514
1515
1516
1517
1518
1519
1658
1659
1661
1667
1670
1676
1678
1686
1689
1693
5072
5096
1694
1699
1706
1716
1726
1729
1737
1751
5099
1753
1768
1771
1779
1781
1782
1784
1787
1789
1791
1804
5100
1807
1810
1813
5101
1853
1855
1860
1862
1864
1867
1871
1876
2076
2107
2188
5114
2199
X
Act No.
Page Act No.
Page
1520
1521
1522
1523
1524
1525
1526
1527
1528
1529
1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
1540
1541
1542
1543
1544
2207 1545
2211 1546
2214 1547
2215 1548
2219 1549
2222 1550
2224 1551
2228 1552
2244 1553
2248 1554
2261 1555
2266 1556
2269 1557
2271 1558
2273 1559
2274 1560
2283 1561
2286 1562
2298 1563
2300 1564
2304 1565
2306 1566
2308 1567
2310 1568
2319
2321
2325
2333
2336
2339
2359
2360
2362
2367
2370
2374
2376
2378
2382
2389
2403
2478
2483
2485
2495
2496
2497
2499
2500
RESOLUTIONS BY NUMBER
Res. No.
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
Page Res. No.
3507
154
1300
1303
1305
1307
1309
1311
1313
1315
1317
1318
5054
5055
5056
1319
1320
1321
1322
1323
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
Page
1325
5057
5058
1327
5059
5060
1328
1331
1333
1336
1338
1339
5061
2504
2505
2507
2509
2511
2513
2515
xi
Res. No.
Page Res. No.
Page
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
2517
2519
2522
2524
2540
2542
2544
2546
2547
2549
2551
2555
2556
2557
2563
2564
2566
2568
2570
2573
2575
2576
2578
2582
2584
2586
2588
2590
2592
2593
2595
2597
2598
2600
2601
2605
2607
2609
2610
2613
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
2615
2616
2618
2634
2635
2637
2639
2640
2643
2645
2647
2649
2653
2655
2657
2659
2663
2664
2669
2675
2677
2680
1341
1342
1345
1346
5062
5063
5064
5065
1348
5066
1349
5068
5069
1352
1355
5070
2195
2197
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill Act No. House Bill Act No.
48 .............. 1431 73 ........................ 1432
55 1506 76 ........................Veto 18
56 .............. 1206 84 1207
xii
251
291
307
364
371
407
425
454
455
456
460
485
530
558
580
589
610
629
634
638
647
717
723
732
739
767
774
780
782
813
823
856
870
883
901
902
904
931
943
944
993
1015
1055
1074
1087
Act No. House Bill Act No.
. . . 1386 1097 844
. 1228 1102 1437
. . . 1537 1109 1540
. . . 1262 1110 1541
... 1433 1111 1066
. . . 1229 1118 869
... 1387 1141 829
1230 1142 831
. . 1263 1144 881
. . . 1388 1145 832
. . . 1092 1147 837
. . . 1264 1153 1222
. . . 1231 1156 845
. . . 1208 1157 1223
. . . 1209 1158 1067
. . 1210 1160 1542
. . 1389 1161 1543
Veto 19 1162 1224
. . 1538 1167 ....................... Veto 23
. . 1482 1168 1068
. . 1483 1169 1069
. . 1513 1170 1070
. . 1211 1171 1071
. . 1265 1172 863
. . 1212 1175 1544
. . 1157 1179 1225
. . 1366 1181 1072
. . 1266 1182 1073
. . 1214 1184 1074
. 1215 1189 1226
- . 1367 1191 1369
. . 1434 1192 1227
. . 1216 1197 1075
. . 1217 1200 1545
. . 1435 1202 1232
. . 1218 1204 1233
. . 1267 1205 1234
. . 1219 1206 1235
. . 1220 1207 1327
. . 1268 1209 1370
. . 1269 1210 1546
. . 1436 1212 1076
. 1221 1218 1328
. . 1064 1222 1076
. 1307 1223 1547
. 1539 1224 1567
. . 1065 1229 1077
. . 1270 1230 1078
. . 1368 1231 1329
. . 862 1235 847
xiii
House Bill
Act No. House Bill
Act No.
1236
1237
1240
1243
1245
1246
1249
1250
1251
1252
1256
1259
1261
1262
1264
1266
1267
1268
1270
1271
1272
1273
1274
1276
1277
1281
1283
1284
1285
1290
1291
1292
1293
1296
1299
1300
1301
1302
1303
1304
1307
1308
1313
1314
1315
1319
1321
1323
1324
1327
1514
1330
1548
896
1079
1080
1484
1081
1331
1438
Veto 20
1485
1371
1082
857
858
1332
1271
1549
1083
1084
833
1287
850
1085
1288
1550
1289
1272
1439
1273
1290
1440
1047
1291
1292
1551
864
1308
1048
1293
1486
1552
1553
1372
1011
1294
1295
1296
1274
1328
1335
1336
1337
1339
1340
1341
1342
1343
1345
1348
1349
1351
1352
1355
1357
1358
1359
1360
1363
1364
1365
1368
1373
1375
1378
1380
1381
1382
1384
1385
1386
1387
1389
1390
1391
1395
1396
1399
1400
1401
1402
1403
1404
1406
1407
1408
1410
1411
1412
1297
1428
1429
1430
1298
1299
935
1351
1093
856
1352
1554
1353
1555
1300
1373
1301
865
1049
1441
1302
843
1556
1557
1558
1303
1012
1304
1305
1306
1236
1237
1238
1239
Veto 24
1559
1442
1013
1240
851
1515
1050
1354
1051
1355
1390
1391
866
1052
1014
XIV
House Bill
Act No. House Bill
Act No.
1413
1416
1417
1418
1419
1421
1424
1426
1428
1429
1433
1434
1435
1436
1437
1438
1440
1443
1444
1445
1447
1449
1450
1451
1452
1453
1454
1455
1459
1464
1467
1470
1471
1474
1477
1478
1479
1480
1481
1483
1486
1487
1488
1490
1491
1492
1495
1497
1499
1501
1241
937
938
939
1242
1356
1357
870
940
1516
1358
941
1560
1517
1359
846
942
943
1562
944
852
1243
1244
945
946
871
872
947
848
1563
1360
1245
948
1246
853
838
1247
882
883
949
1340
950
895
1561
1392
1094
1444
1095
1248
1341
1502
1503
1504
1505
1506
1508
1509
1513
1518
1519
1523
1524
1525
1527
1529
1531
1532
1533
1534
1537
1538
1541
1546
1547
1549
1550
1551
1552
1553
1554
1555
1557
1558
1560
1563
1564
1565
1566
1567
1568
1569
1570
1571
1575
1576
1577
1578
1584
1585
1586
1361
951
952
867
953
1564
1333
1393
1334
1335
954
955
1487
1336
1362
956
957
1565
1363
958
959
1337
1361
1394
1338
1339
999
998
1249
1250
1015
854
1365
1000
1251
1001
1002
1003
1004
1005
1006
849
835
839
840
841
842
1252
1374
1342
House Bill Act No. House Bill Act No.
1587 . 876 1679 989
1589 877 1680 880
1594 1096 1681 990
1595 ........................... 1007 1683 1518
1596 873 1687 855
1597 1008 1689 .......... 991
1599 1109 1690 992
1601 ............................. 1253 1691 1017
1609 878 1693 1378
1610 879 1695 1258
1612 874 1698 1053
1616 936 1700 1309
1618 1254 1701 859
1622 ........................... 1110 1702 993
1623 .......................... 1111 1705 994
1624 1112 1706 1259
1625 .......................... 1097 1707 1379
1626 .......................... 1113 1710 995
1629 .......................... 1114 1711 996
1630 .......................... 1375 1712 997
1631 .......................... 1255 1713 1009
1634 1256 1714 1380
1635 1115 1715 894
1636 .......................... 1395 1717 1010
1638 ............................ 1396 1718 897
1640 1116 1719 898
1641 1376 1720 899
1642 .......................... 1257 1721 900
1644 1117 1724 1443
1646 1118 1725 1343
1647 1119 1727 901
1649 .......................... 1120 1728 1344
1650 1121 1729 1381
1651 1122 1730 1397
1653 1123 1731 902
1661 1124 1732 1098
1662 ........................ 1125 1736 ..................... Veto 21
1663 1126 1737 1018
1664 1127 1739 903
1665 1128 1740 904
1666 960 1741 905
1667 961 1742 ........ 1566
1668 962 1744 906
1669 963 1748 907
1671 . . . 1377 1749 1019
1672 1016 1751 908
1673 ........................... 986 1752 1260
1674 891 1753 909
1675 . ... 987 1755 1382
1677 988 1758 910
xvi
House Bill Act No. House Bill Act No.
1759 .......................... 911 1825 1400
1760 ......................... 1020 1826 ................. 1311
1766 ......................... 1021 1829 ................. . . 1312
1767 .......................... 1022 1830 1313
1768 .......................... 1023 1831 1314
1773 .......................... 1507 1832 1315
1774 1383 1833 1316
1775 .......................... 1024 1834 1317
1776 1398 1835 1318
1779 1025 1836 1275
1780 .......................... 1399 1837 1319
1781 .......................... 1026 1838 1385
1782 1027 1839 ....... 1320
1783 .......................... 1261 1841 884
1784 1129 1842 885
1785 .......................... 1130 1843 886
1786 .......................... 1131 1844 887
1787 .......................... 1132 1845 888
1788 1133 1847 1488
1789 .......................... 1134 1848 1321
1790 .......................... 1135 1850 1322
1792 .......................... 1136 1851 1323
1793 .......................... 1137 1852 1324
1794 1138 1853 1325
1795 .......................... 1139 1854 1158
1796 .......................... 1140 1855 1159
1797 .......................... 1141 1856 1160
1798 . 1142 1857 1161
1799 1143 1858 1162
1800 ......................... 1144 1859 1029
1801 ......................... 1147 1860 ................. . . . . 1163
1802 .......................... 875 1862 1164
1804 1146 1863 1165
1805 .......................... 1145 1864 1166
1806 1099 1865 1167
1807 .......................... 1100 1866 1168
1808 1101 1867 1169
1809 1102 1868 1170
1810 .......................... 1103 1869 1171
1811 1028 1870 1172
1812 .......................... 1345 1871 1173
1813 .......................... 1104 1872 1030
1814 1384 1874 1031
1815 1105 1875 1032
1816 1086 1876 1033
1817 1087 1877 1276
1818 1088 1878 1034
1819 , 1089 1879 1035
1822 .................. 1090 1881 1036
1823 .......................... 1310 1882 1037
xvii
House Bill
Act No. House Bill
Act No.
1883
1884
1885
1886
1887
1888
1889
1890
1891
1893
1894
1896
1897
1898
1899
1900
1901
1902
1903
1904
1906
1908
1909
1910
1911
1912
1918
1919
1920
1921
1922
1926
1927
1928
1929
1930
1931
1937
1939
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1038
1039
1040
1041
1277
1278
967
889
1042
1043
1174
1175
1176
1279
968
1445
1177
1178
1179
1180
1508
1346
1181
1182
1183
1184
1185
969
1186
1326
970
1280
1187
1188
1189
971
972
1190
1191
1347
973
1281
1192
1282
1283
1193
1148
1284
1285
974
1952
1953
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
Senate Bill
4
60
78
83
142
147
165
197
207
208
227
253
312
325
343
344
364
379
417
430
446
457
458
463
464
468
469
470
471
975
976
977
1348
978
979
980
981
982
983
890
984
985
1106
1107
1149
1286
1108
Act No.
1519
1520
1446
1521
1447
917
1502
918
1401
1489
1402
1199
1403
1448
Veto 13
1404
1200
1201
1405
919
924
1490
925
1522
1202
1491
928
Veto 22
1492
XVlll
Senate Bill Act No. Senate Bill Act No.
474 830 602 1466
476 ....................... 1406 603 1418
477 .................. 1407 604 ............. . 1531
479 1523 608 .......... 1419
480 1524 610 834
482 ........................... 1408 611 921
485 ........................... 1449 616 1532
489 ........................... 1450 617 1533
491 ........................... 1409 620 1467
497 ......................... 1451 622 ........................... 1420
498 ......................... 1525 623 1468
499 1568 624 1421
500 1452 625 ............................ 860
502 1453 626 ........................... 1493
503 1410 628 922
505 ......................... 1411 629 923
506 1454 630 1194
509 ........................... 1412 631 1195
511 Veto 14 632 1494
517 1413 633 1196
519 1510 634 1197
522 ..............Veto 15 636 1150
523 ......................... 1455 637 1151
528 1414 638 1198
531 1456 639 1469
538 1415 642 1534
540 1526 644 1470
546 929 650 1495
547 .......................... 930 651 1152
549 920 652 931
550 ......................... 1527 653 1422
551 ......................... 1457 654 1153
552 ......................... 1528 655 1471
555 ........................... 1458 659 1154
558 Veto 16 660 1204
560 1416 661 1472
564 . . . . 1203 662 ........................ 1496
567 ........................... 1459 663 1423
579 ........................... 1503 664 932
581 ......................... 1529 666 892
582 , 1460 667 .......................... 1424
583 1417 669 1497
584 ..................... Veto 17 678 1205
590 1461 680 1498
591 836 681 861
592 1462 683 1504
593 ......................... 1463 684 1473
596 1464 685 1474
599 .................... ' 1465 686 .......................... 1155
601 ........................... 1530 687 1156
XIX
Senate Bill
Act No. House Resolution
Res. Act No.
688
689
692
693
696
698
700
701
703
709
710
711
712
713
714
715
716
717
720
726
728
729
730
735
737
742
746
747
751
752
755
756
757
758
759
760
764
769
770
771
773
774
775
776
777
778
779
780
782
912
1425
933
1499
1475
1091
934
893
1535
1349
1509
1476
868
1500
1350
1511
913
914
1536
915
1505
916
1477
1501
1044
1426
1054
1478
1055
1056
1057
1058
1045
1479
1059
1060
1512
1061
1062
1046
1063
1480
926
927
964
965
966
1481
1427
27
57
106
158
243
253
265
303
331
510
513
514
517
518
519
528
533
536
540
542
545
559
562
563
573
577
583
585
589
591
592
593
594
596
597
617
619
622
624
625
634
636
639
640
656
657
658
663
668
669
96
97
98
132
190
84
99
133
191
134
135
100
136
192
101
193
194
85
137
102
195
103
104
138
139
196
105
106
107
140
108
109
141
197
142
143
110
144
111
145
146
147
148
149
198
150
203
151
112
152
XX
Senate Bill
Act No. Senate Bill
Act No.
670
671
672
698
699
700
701
705
707
710
713
715
716
718
730
740
741
743
746
747
748
751
753
755
758
774
775
777
780
782
787
789
793
813
816
817
822
153 823 184
154 826 185
155 828 201
156
157 Senate Resolution Res. Act No.
158
159 29 186
160 38 117
113 120 86
199 171 87
161 225 118
I14 226 187
162 227 119
163 229 88
164 249 89
165 250 90
166 264 120
167 266 ............................ 121
168 267 122
H5 270 ............................. 188
169 271 91
170 274 202
171 275 92
116 281 93
172 292 123
173 293 124
174 294 125
175 309 126
176 310 94
200 320 127
177 321 128
178 324 95
179 330 129
180 333 130
181 340 131
182 346 189
183
XXI



















LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1982
CALHOUN COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 828 (Senate Bill No. 366).
AN ACT
To amend an Act creating a Small Claims Court in and for
Calhoun County, approved March 12, 1979 (Ga. Laws 1979, p.
3121), so as to change the jurisdiction of the court; to provide for
service; to change certain fees, costs, commissions, and deposits;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court in and for
Calhoun County, approved March 12, 1979 (Ga. Laws 1979, p.
3121), is hereby amended by striking from Section 1 of said Act
the following:
$1,000,000,
and substituting in lieu thereof the following:
$2,500.00,
3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Calhoun 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 (b) of Section 6 of said Act the following:
Said service shall be made by,
and substituting in lieu thereof the following:
Said service shall be made by certified mail or,
so that when so amended subsection (b) of Section 6 shall 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 certified mail or 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.
Section 3. Said Act is further amended by striking from subsec-
tion (a) of Section 8 of said Act the following:
The plaintiff, when he files his claim, shall deposit the sum of
$10.00 with the court, which shall cover all costs of the proceeding,
except the cost of service of the notice. The deposit of cost in cases of
attachment, garnishment or trover shall be $7.50.,
GEORGIA LAWS 1982 SESSION
3505
and inserting in lieu thereof the following:
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 cost of service by certified mail in all cases when judgment
is sought in an amount less than $1,000.00 or shall deposit the sum of
$25.00 with the court, which shall cover all costs of the proceeding,
including cost of service by certified mail in all cases when judgment
is sought in excess of $1,000.00. The deposit of cost in cases of
attachment, garnishment, or trover shall be $10.00.,
so that when so amended subsection (a) of Section 8 of said Act shall
read as follows:
(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,
including cost of service by certified mail in all cases when judgment
is sought in an amount less than $1,000.00 or shall deposit the sum of
$25.00 with the court, which shall cover all costs of the proceeding,
including cost of service by certified mail in all cases when judgment
is sought in excess of $1,000.00. 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.
Section 4. 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 in the 1981
Regular Session of the General Assembly of Georgia, a bill to amend
an act creating a Small Claims Court in and for Calhoun County,
approved 3/13/79 (Georgia Laws 1979, Page 3121) and for other
purposes.
3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 21st day of January, 1981.
C. M. Cowart, Chairman
Calhoun County Commissioners
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 Calhoun Courier which is the official
organ of Calhoun County, on the following dates: January 29,
February 5,12,1981.
/s/ Jimmy Hodge Timmons
Senator,
11th 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 January 15,1982.
GEORGIA LAWS 1982 SESSION
3507
COMPENSATION TO MRS. SUE H. COLLINS.
No. 84 (House Resolution No. 253).
A RESOLUTION
To compensate Mrs. Sue H. Collins on behalf of Michael H.
Collins; and for other purposes.
WHEREAS, on August 18,1979, Michael H. Collins was riding his
bicycle on State Route 188 in a southerly direction in Cairo, Georgia;
and
WHEREAS, a sign erected by the Department of Transportation
while resurfacing State Route 188 was lying on the road with the steel
prongs extending out two feet into the highway; and
WHEREAS, Michael could not avoid running over the sign
because a car was approaching in the opposite direction; and
WHEREAS, as a result of running over the sign, a spike cut
through the top of his shoe and the top of his left foot; and
WHEREAS, the injury required five stitches and later became
badly infected, requiring three trips to the doctors office; and
WHEREAS, the accident occurred through no fault or negligence
on the part of Michael H. Collins and it is only fitting and proper that
his mother, Mrs. Sue H. Collins, be compensated for medical and
other expenses in the amount of $280.00.
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 $280.00 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 February 8,1982.
3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COWETA COUNTY SALARIES
OF JUDGE AND SOLICITOR.
No. 833 (House Bill No. 1273).
AN ACT
To amend an Act establishing the State Court of Coweta County,
approved October 5, 1887 (Ga. L. 1887, p.692), as amended, particu-
larly by an Act approved March 22,1974 (Ga. L. 1974, p. 3067), so as
to change the salary of the judge of the state court; to change the
salary of the solicitor of the state court; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Coweta
County, approved October 5,1887 (Ga. L. 1887, p. 692), as amended,
particularly by an Act approved March 22,1974 (Ga. L. 1974, p. 3067),
is amended by striking in its entirety Section IV of said Act, which
reads as follows:
Section IV. The judge of the State Court of Coweta County shall
receive a salary of $12,000.00 per annum to be paid monthly out of the
treasury of Coweta County upon the order of the board of commis-
sioners of said county; said judge shall receive no fees or perquisites.,
and inserting in lieu thereof a new Section IV to read as follows:
Section IV. The judge of the State Court of Coweta County shall
receive a salary of $14,400.00 per annum to be paid monthly out of the
treasury of Coweta County upon the order of the board of commis-
sioners of said county. The judge shall receive no fees or perquisites.
Section 2. Said Act is further amended by striking in its entirety
the first sentence of Section XI-A of said Act, which reads as follows:
The compensation of the solicitor of the State Court of Coweta
County shall be an annual salary of $12,000.00 payable in equal
monthly installments from the funds of Coweta County.,
and inserting in lieu thereof a new sentence to read as follows:
GEORGIA LAWS 1982 SESSION
3509
The compensation of the solicitor of the State Court of Coweta
County shall be an annual salary of $14,400.00 payable in equal
monthly installments from the funds of Coweta 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the 1982 regular
session of the General Assembly of Georgia a bill to amend an Act
establishing the State Court of Coweta County, approved October 5,
1887 (Ga. L. 1887, p. 692) as amended, particularly by an Act
approved March 22, 1974 (Ga. L. 1974, p. 3067); and for other
purposes.
This the 17th day of December, 1981.
J. Neal Shepard, Jr.
Affidavit
Newnan, Georgia.
County of Coweta.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in The Newnan Times-Herald, legal organ for Coweta
County. The following dates, to-wit: December 23, 1981, December
31,1981, January 7,1982, and January 14,1982.
3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of January, 1982.
/s/ William W. Thomasson
Publisher
/s/ Lena K. Pope
Notary Public.
(Seal).
Approved February 18, 1982.
GWINNETT COUNTY BOARD OF EDUCATION,
REFERENDUM.
No. 834 (Senate Bill No. 610).
AN ACT
To amend an Act relating to education districts for the election of
members of the Board of Education of Gwinnett County, approved
April 7, 1972 (Ga. L. 1972, p. 4058), so as to provide for new and
different districts and the election of members therefrom; to provide
for a referendum election; 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 relating to education districts for the election
of members of the Board of Education of Gwinnett County, approved
April 7,1972 (Ga. L. 1972, p. 4058), is amended by striking Section 1
and inserting in its place a new Section 1 to read as follows:
Section 1. (a) The provisions of this section shall govern the
election of all members of the Board of Education of Gwinnett
County who are elected at any time after the effective date of this
GEORGIA LAWS 1982 SESSION
3511
section. The members of the board in office on said date shall serve
out the terms for which they were elected. Thereafter, a successor to
each such member shall be elected at the general election next
preceding the expiration of such members term. Each successor shall
be elected from and by the voters of the education district described
in this Act which is designated by the same district number as the
district of the previous member. Future members shall be elected in
the same manner, and terms of all members shall be for four years
beginning on the first day of January next following their election.
(b) The five education districts for the election of members of
the board shall consist of the following territory within Gwinnett
County:
Education District No. 1
Gwinnett County
Tract 505.01
Block Group 1
Blocks 703, 704, 712, 716 through 718,
720, 722 through 724, 728 through
731, 798, and 799
Tract 505.03
Those parts of Blocks 207, 208, and
214 within the City of Lawrenceville
Tracts 505.04 and 505.05
Tract 506
Those parts of Blocks 324 and 331
through 333 within the City
of Dacula
Block 334
That part of Block 335 within
the City of Dacula
Blocks 336 through 341
That part of Block 342 within
the City of Dacula
Block Groups 4 and 5
Block 999
Tract 507.01
Block Groups 1 through 3
Tract 507.03
That part of Block 102 outside
the City of Snellville
3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 105 through 109
That part of Block 110 outside
the City of Snellville
Blocks 111 through 113 and 201
That part of Block 206 outside
the City of Snellville
Blocks 210 and 211
That part of Block 212 outside
the City of Snellville
Block 213
That part of Block 214 outside
the City of Snellville
Tract 507.05
Block Group 1
Blocks 201 through 218
Those parts of Blocks 219 through 221
outside the City of Loganville
Blocks 222 through 226
GEORGIA LAWS 1982 SESSION
3513
Education District No. 2
Gwinnett County
Tract 501
That part of Block 101 outside
the City of Buford
Blocks 102 through 105
That part of Block 106 within
the City of Rest Haven
That part of Block 106 outside
the City of Buford and the
City of Rest Haven
Those parts of Blocks 107 through
110 outside the City of Buford
Block 111
That part of Block 112 outside the
City of Buford
Block 113
That part of Block 114
outside the City of Buford
Block 115
Those parts of Blocks 116 through
118 and 120 outside the
City of Buford
That part of Block 126 outside
the City of Buford and the
City of Rest Haven
That part of Block 126 within
the City of Rest Haven
That part of Block 127 outside
the City of Buford
Block 128
That part of Block 201 outside
the City of Buford
Blocks 202 through 204
Those parts of Blocks 205 through
209 outside the City of Buford
Blocks 210 through 215
Those parts of Blocks 216 through
221 and 223 outside the
City of Buford
That part of Block 224 outside
the City of Buford and the
City of Sugar Hill
3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 224 within
the City of Sugar Hill
Blocks 225 through 235
That part of Block 236 outside
the City of Buford and the
City of Sugar Hill
That part of Block 236 within
the City of Sugar Hill
Block 237
Those parts of Blocks 301, 304,
and 314 outside the
City of Buford
That part of Block 315 outside
the City of Buford and the
City of Sugar Hill
That part of Block 315 within
the City of Sugar Hill
That part of Block 337 outside
the City of Buford and the
City of Sugar Hill
Blocks 338 through 340
That part of Block 423 outside
the City of Buford
That part of Block 435 outside
the City of Buford and the
City of Sugar Hill
That part of Block 435 within
the City of Sugar Hill
Those parts of Blocks 436, 439, 440,
444 through 446, 448, and 449
outside the City of Buford
Blocks 501 through 530
That part of Block 531 outside the
City of Buford and the
City of Sugar Hill
That part of Block 531 within the
City of Sugar Hill
Blocks 532 through 534 and 536
Those parts of Blocks 602 through
605 outside the City of Buford
Blocks 606 through 610
Tract 506
Blocks 101 and 102
That part of Block 103 outside
GEORGIA LAWS 1982 SESSION
3515
the City of Buford
Block 104
Those parts of Blocks 105 and 106
outside the City of Buford
Blocks 107 through 115
That part of Block 116 outside
the City of Buford
Blocks 117 through 134
That part of Block 135 outside
the City of Buford
Blocks 136 through 156
Block Group 2
Blocks 302 through 323
That part of Block 324 outside
the City of Dacula
Blocks 325 through 330
Those parts of Blocks 331 through
333, 335, and 342 outside
the City of Dacula
Blocks 343 through 347
Tract 502.01
Tract 502.02
Tract 505.01
Block Groups 2 through 4
Blocks 701, 705 through 711, 713
through 715, and 725 through 727
Tract 505.02
That part of Tract 505.03 outside
the City of Lawrenceville
Education District No. 3
Gwinnett County
Tracts 503.01 through 503.03 and 504.01
Education District No. 4
Gwinnett County
Tract 504.05
Tract 507.01
Block Group 4
Tract 507.02
Tract 507.03
That part of Block 102 within the
3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Snellville
Blocks 103 and 104
That part of Block 110 within the
City of Snellville
Blocks 202 through 205
That part of Block 206 within
the City of Snellville
Blocks 207 through 209
Those parts of Blocks 212 and
214 within the City of Snellville
Block Groups 3 through 8
Tract 507.04
Tract 507.05
Those parts of Blocks 219 through
221 within the City of Snellville
Education District No. 5
Gwinnett County
Tracts 504.02 through 504.04
(c) For the purposes of this Act:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of the Gwinnett County School District which
is not included in any education district described in this section
shall be included within that district contiguous to such part
which contains the least population according to the United
States decennial census of 1980 for the State of Georgia.
Section 2. Not less than 5 nor more than 15 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

GEORGIA LAWS 1982 SESSION 3517
Gwinnett County to issue the call for an election for the purpose of
submitting this Act to the electors of Gwinnett County for approval or
rejection. The superintendent shall set the date of such election for a
day not less than 30 nor more than 45 days after the date of the
issuance of the call. The superintendent shall cause the date and
purpose of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ of
Gwinnett County. The ballot shall have written or printed thereon
the words:
( ) YES Shall the Act providing for new ed-
( ) NO ucation districts for the election of
the members of the Board of Edu-
cation of Gwinnett 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 Gwinnett 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. (a) If this Act is approved by the voters as provided in
Section 2, then the provisions of Section 1 of this Act shall become
effective on the earlier of the following dates:
(1) May 25, 1982, if enforcement of said provisions is as of
such date not prohibited by the federal Voting Rights Act of 1965;
or
(2) May 22, 1984, if enforcement of said provisions is as of
such date not prohibited by the federal Voting Rights Act of 1965.
(b) If enforcement of the provisions of Section 1 of this Act is
prohibited under the Voting Rights Act of 1965 on both May 25,1982,
and May 22, 1984, then the provisions of said Section 1 shall not
become effective.
3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given there will be introduced at the regular 1982
Session of the General Assembly of Georgia a Bill to change the
education districts of the Board of Education of Gwinnett County
and for other purposes.
Jones Webb, Attorney
for Gwinnett County
Board of Education
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Reynolds who, on oath, deposes
and says that he/she is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Gwinnett Daily News which is the official organ
of Gwinnett County, on the following dates: January 8, 15 and 22,
1982.
/s/ Steve Reynolds
Senator,
48th District
Sworn to and subscribed before me,
this 29th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved February 19, 1982.
GEORGIA LAWS 1982 SESSION
3519
DOUGHERTY COUNTY COMMISSION DISTRICTS.
No. 835 (House Bill No. 1571).
AN ACT
To amend an Act creating a Board of Commissioners of Dougherty
County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended,
particularly by an Act approved February 24, 1978 (Ga. L. 1978, p.
3058), so as to change the Commission Districts; to clarify that
elections and terms under the changed districts shall remain the same
as under these districts as formerly described; to provide for effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners of Dough-
erty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as
amended, particularly by an Act approved February 24,1978 (Ga. L.
1978, p. 3058), is amended by striking subsection (c) of Section 1
thereof and inserting in its place a new subsection (c) to read as
follows:
(c) For the purpose of electing the members of the Board of
Commissioners, other than the chairman, Dougherty County shall be
divided into six Commission Districts as follows:
Commission District 1 shall consist of the following described area
of Dougherty County:
Commencing at the intersection of the centerline of Dawson Road
(U.S. 82) and Old Dawson Road; thence running in a westerly
direction along the centerline of Old Dawson Road to the centerline of
Beattie Road; thence running in a southerly direction along the
centerline of Beattie Road to the centerline of Gillionville Road
(State Route 234); thence running in a westerly direction along the
3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
centerline of Gillionville Road (State Route 234) to the west line of
Land Lot 87, Second Land District; thence running in a southerly
direction along the west line of Land Lots 87 and 114 to the south line
of Land Lot 114; thence running in an easterly direction along the
south line of Land Lot 114 to the centerline of Cooleewahee Creek;
thence running in a southerly direction along the centerline of
Cooleewahee Creek to the centerline of Percosin Creek; thence
running in a northeasterly direction along the centerline of Percosin
Creek to the centerline of Westover Road; thence running in a
southerly direction along the centerline of Westover Road to the
centerline of Oakridge Drive; thence running in an easterly direction
along the centerline of Oakridge Drive to the centerline of Slappey
Boulevard; thence running in a northerly direction along the center-
line of Slappey Boulevard to the centerline of Lippitt Drive; thence
running in an easterly direction along the centerline of Lippitt Drive
to the centerline of South Harding Street; thence running in a
northerly direction along the centerline of South Harding Street to
the centerline of Gordon Avenue; thence running in an easterly
direction along the centerline of Gordon Avenue to the centerline of
South Monroe Street; thence running in a northerly direction along
the centerline of South Monroe Street to the centerline of Oglethorpe
Boulevard; thence running in a westerly direction along the centerline
of Oglethorpe Boulevard to the centerline of Davis Street; thence
running in a northerly direction along the centerline of Davis Street
to the centerline of West Broad Avenue; thence running in a westerly
direction along the centerline of West Broad Avenue to the centerline
of Slappey Boulevard; thence running in a northerly direction along
the centerline of Slappey Boulevard to the centerline of Gillionville
Road (State Route 234); thence running in a westerly direction along
the centerline of Gillionville Road (State Route 234) to the centerline
of Meadowlark Drive; thence running in a northerly direction along
the centerline of Meadowlark Drive to the centerline of Kenilworth
Drive; thence in an easterly direction along the centerline of
Kenilworth Drive to the centerline of Lullwater Road; thence running
in a northerly direction along the centerline of Lullwater Road to the
centerline of Dawson Road; thence running in a northwesterly direc-
tion along the centerline of Dawson Road to the centerline of Old
Dawson Road.
Commission District 2 shall consist of the following described area
of Dougherty County:
GEORGIA LAWS 1982 SESSION
3521
Commencing at the intersection of the centerline of Oglethorpe
Boulevard and the centerline of the Flint River; thence running in a
westerly direction along the centerline of Oglethorpe Boulevard to the
centerline of Front Street; thence running in a southerly direction
along the centerline of Front Street to the centerline of Mercer
Avenue; thence running in a westerly direction along the centerline of
Mercer Avenue to the centerline of Front Street; thence running in a
southerly direction along the centerline of Front Street to the center-
line of South Jackson Street; thence running in a northerly direction
along the centerline of South Jackson Street to the centerline of
Holloway Avenue; thence running in a westerly direction along the
centerline of Holloway Avenue to the centerline of South Monroe
Street; thence running in a northerly direction along the centerline of
South Monroe Street to the centerline of Gordon Avenue; thence
running in a westerly direction along the centerline of Gordon Avenue
to the centerline of Harding Street; thence running in a southerly
direction along the centerline of Harding Street to the centerline of
Lippitt Drive; thence running in an easterly direction along the
centerline of Lippitt Drive to the centerline of Newton Road (S.R.
91); thence running in a southwesterly direction along the centerline
of Newton Road to the centerline of Moab Road; thence running in a
southeasterly direction along the centerline of Moab Road to the
centerline of County Drainage Canal; thence running in a southerly
direction along the centerline of County Drainage Canal to the
centerline of an East-West County Drainage Canal; thence running in
an easterly direction along the centerline of an East-West County
Drainage Canal to the East Line of Land Lot 360, First Land District;
thence running in a southerly direction along the East Line of Land
Lot 360 and 359, First Land District to the corner common to Land
Lots Number 358, 359, 339 and 338; thence running in an easterly
direction along the Land Lot Line between Land Lots Number 338
and 339 to the centerline of Martin Luther King, Jr. Drive; thence
running in a northerly direction along the centerline of Martin Luther
King, Jr. Drive to the north line of Land Lot 319; thence running in an
easterly direction along the north line of Land Lots 319 and 305 to the
centerline of the Flint River; thence running in a southerly direction
along the centerline of the Flint River to the centerline of the Marine
Corps Drainage Canal; thence running in a northeasterly direction
along the centerline of the Marine Corps Drainage Canal to the
centerline of the Seaboard Coastline Railroad; thence running in a
northerly direction along the centerline of the Seaboard Coastline
Railroad to a point where the north side of Whitney Avenue Projected
East intersects the Seaboard Coastline Railroad; thence running in a
3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
westerly direction along the north line of Whitney Avenue Projected
East to the centerline of Flint River; thence running in a northerly
direction along the centerline of the Flint River to the centerline of
Oglethorpe Boulevard.
Commission District 3 shall consist of the following described area
of Dougherty County:
Commencing at the intersection of the centerline of Oglethorpe
Boulevard and the centerline of the Flint River; thence running in a
westerly direction along the centerline of Oglethorpe Boulevard to the
centerline of Front Street; thence running in a southerly direction
along the centerline of Front Street to the centerline of Mercer
Avenue; thence running in a westerly direction along the centerline of
Mercer Avenue to the centerline of Front Street; thence running in a
southerly direction along the centerline of Front Street to the center-
line of South Jackson Street; thence running in a northerly direction
along the centerline of South Jackson Street to the centerline of
Holloway Avenue; thence running in a westerly direction along the
centerline of Holloway Avenue to the centerline of South Monroe
Street; thence running in a northerly direction along the centerline of
South Monroe Street to the centerline of Oglethorpe Boulevard;
thence running in a westerly direction along the centerline of
Oglethorpe Boulevard to the centerline of South Davis Street; thence
running in a northerly direction along the centerline of South Davis
Street to the centerline of Broad Avenue; thence running in a westerly
direction along the centerline of Broad Avenue to the centerline of
Slappey Boulevard; thence running in a northerly direction along the
centerline of Slappey Boulevard to the centerline of Third Avenue;
thence running in an easterly direction along the centerline of Third
Avenue to the centerline of North Jefferson Street; thence running in
a northerly direction along the centerline of North Jefferson Street to
the centerline of the Liberty Expressway; thence running in a south-
easterly direction along the centerline of Liberty Expressway to a
point on the north land lot line of Land Lot 200, First Land District;
thence in an easterly direction along the north line of Land Lot 200 to
the centerline of Turner Field Road; thence in a northerly direction
along the centerline of Turner Field Road to the centerline of
McAdams Road; thence running in a northerly direction along the
centerline of McAdams Road to its intersection with the west land lot
line of Land Lot 195; thence northerly along the west line of Land Lot
195 to the centerline of the Flint River; thence easterly along the
centerline of the Flint River to its intersection with Piney Woods
GEORGIA LAWS 1982 SESSION
3523
Creek; thence southerly to the present City of Albany city limits line;
thence following the City of Albany city limits line in a southwesterly
direction through Land Lots 121, 122, and 157 to the centerline of
McCollum Drive; thence southerly along the centerline of McCollum
Drive to the centerline of Cordele Road; thence southwesterly along
the centerline of Cordele Road to its intersection with the centerline
of Clark Avenue; thence westerly along the centerline of Clark
Avenue to the centerline of Acorn Street; thence southerly along the
centerline of Acorn Street to the centerline of East Broad Avenue;
thence westerly along the centerline of East Broad Avenue to its
intersection with the centerline of the Liberty Expressway; thence
running in a southerly direction along the centerline of Liberty
Expressway to the centerline of East Oglethorpe Boulevard (U.S.
Route 82); thence running in a westerly direction along the centerline
of East Oglethorpe Boulevard (U.S. 82) to the centerline of the
Seaboard Coastline Railroad; thence running in a southerly direction
along the centerline of the Seaboard Coastline Railroad to a point
where the northside of Whitney Avenue Projected East intersects the
Seaboard Coastline Railroad; thence running in a westerly direction
along the northline of Whitney Avenue Projected East to the center-
line of the Flint River; thence running in a northerly direction along
the centerline of the Flint River to the centerline of Oglethorpe
Boulevard.
Commission District 4 shall consist of the following described area
of Dougherty County:
Commencing at the north line of Dougherty County and its
intersection with the centerline of Slappey Boulevard (U.S. Route
19); thence running in a southerly direction along the centerline of
Slappey Boulevard to the centerline of Stuart Avenue; thence
running in a westerly direction along the centerline of Stuart Avenue
to the centerline of Homewood Drive; thence running in a southerly
direction along the centerline of Homewood Drive to the centerline of
Whispering Pines Road; thence running in a westerly direction along
the centerline of Whispering Pines Road to the centerline of Dawson
Road; thence running in a southeasterly direction along the centerline
of Dawson Road to the centerline of Lullwater Road; thence running
in a southerly direction along the centerline of Lullwater Road to the
centerline of Kenilworth Drive; thence running in a westerly direction
along the centerline of Kenilworth Drive to the centerline of
Meadowlark Drive; thence southerly along the centerline of
Meadowlark Drive to the centerline of Gillionville Road (S.R. 234);
3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence running in an easterly direction along the centerline of
Gillionville Road to the centerline of Slappey Boulevard; thence
running in a northerly direction along the centerline of Slappey
Boulevard to the centerline of Third Avenue; thence running in an
easterly direction along the centerline of Third Avenue to the center-
line of North Jefferson Street; thence running in a northerly direction
along the centerline of North Jefferson Street to the centerline of the
Liberty Expressway; thence running in a southeasterly direction
along the centerline of Liberty Expressway to a point on the north
land lot line of Land Lot 200, First Land District; thence in an
easterly direction along the north line of Land Lot 200 to the
centerline of Turner Field Road; thence in a northerly direction along
the centerline of Turner Field Road to the centerline of McAdams
Road; thence running in a northerly direction along the centerline of
McAdams Road to its intersection with the west land lot line of Land
Lot 195; thence northerly along the west line of Land Lot 195 to the
centerline of the Flint River; thence running in an easterly direction
along the centerline of the Flint River to the Dougherty County-Lee
County line; thence running in a westerly direction along the north
line of Dougherty County to the centerline of Slappey Boulevard.
Commission District 5 shall consist of the following described area
of Dougherty County:
Commencing at the north line of Dougherty County and its
intersection with the centerline of Slappey Boulevard (U.S. 19);
thence running in a westerly direction along the north line of Dough-
erty County to the west line of Dougherty County; thence running in a
southerly direction along the west line of Dougherty County to the
south line of Dougherty County; thence running in an easterly
direction along the south line of Dougherty County to the centerline
of Dixie Highway (Radium Springs Road); thence running in a
northerly direction along Dixie Highway (Radium Springs Road) to
the centerline of School Bus Road; thence running in an easterly
direction along the centerline of School Bus Road to the centerline of
the Seaboard Coastline Railroad; thence running in a northerly
direction along the centerline of the Seaboard Coastline Railroad to
the centerline of the Marine Corps Drainage Canal; thence running in
a southwesterly direction along the centerline of the Marine Corps
Drainage Canal to the centerline of the Flint River; thence running in
a northerly direction along the centerline of the Flint River to the
north line of Land Lot 305, First Land District; thence running in a
westerly direction along the north line of Land Lots 305 and 319 to
GEORGIA LAWS 1982 SESSION
3525
the centerline of Martin Luther King, Jr. Drive; thence running in a
southerly direction along the centerline of Martin Luther King,
Jr. Drive to the north line of Land Lot 339; thence running in a
westerly direction along the north line of Land Lot 339 to the east line
of Land Lot 359; thence running in a northerly direction along the
east line of Land Lots Number 359 and 360 to the centerline of the
East-West County Drainage Canal; thence running in a westerly
direction along the centerline of the East-West County Drainage
Canal to the centerline of a North-South County Drainage Canal;
thence running in a northeasterly direction along the centerline of a
North-South County Drainage Canal to the centerline of Moab Road;
thence running in a westerly direction along the centerline of Moab
Road to the centerline of Newton Road (S.R. 91); thence running in a
northeasterly direction along the centerline of Newton Road (S.R. 91)
to the centerline of Lippitt Drive; thence running in a westerly
direction along the centerline of Lippitt Drive to the centerline of
Slappey Boulevard; thence running in a southerly direction along the
centerline of Slappey Boulevard to the centerline of Oakridge Drive;
thence running in a westerly direction along the centerline of
Oakridge Drive to the centerline of Westover Road; thence running in
a northerly direction along the centerline of Westover Road to the
centerline of the Percosin Creek Drainage Canal; thence running in a
southwesterly direction along the centerline of Percosin Creek to the
centerline of the Cooleewahee Creek; thence running in a northerly
direction along the centerline of Cooleewahee Creek to the south line
of Land Lot 114, Second Land District; thence running in a westerly
direction along the south line of Land Lot 114 to the west line of Land
Lot 114; thence running in a northerly direction along the west line of
Land Lots 114 and 87 to the centerline of Gillionville Road (S.R. 234);
thence running in an easterly direction along the centerline of
Gillionville Road (S.R. 234) to the centerline of Beattie Road; thence
running in a northerly direction along the centerline of Beattie Road
to the centerline of Old Dawson Road; thence running in an easterly
direction along the centerline of Old Dawson Road to the centerline of
Dawson Road; thence running in a southeasterly direction along the
centerline of Dawson Road to the centerline of Whispering Pines
Road; thence running in an easterly direction along the centerline of
Whispering Pines Road to the centerline of Homewood Drive; thence
running in a northerly direction along the centerline of Homewood
Drive to the centerline of Stuart Avenue; thence running in an
easterly direction along the centerline of Stuart Avenue to the center-
line of Slappey Boulevard (U.S. 19); thence running in a northerly
direction along the centerline of Slappey Boulevard to the north line
of Dougherty County.
3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commission District 6 shall consist of the following described area
of Dougherty County:
Commencing at the intersection of the centerline of Dixie High-
way (Radium Springs Road) and the south line of Dougherty County;
thence running in a northerly direction along the centerline of Dixie
Highway (Radium Springs Road) to the centerline of School Bus
Road; thence running in an easterly direction along the centerline of
School Bus Road to the centerline of the Seaboard Coastline Rail-
road; thence running in a northerly direction along the centerline of
the Seaboard Coastline Railroad to the centerline of East Oglethorpe
Boulevard (U.S. 82); thence running in an easterly direction along the
centerline of East Oglethorpe Boulevard (U.S. 82) to the centerline of
the Liberty Expressway; thence running in a northerly direction
along the centerline of Liberty Expressway to the centerline of East
Broad Avenue; thence running in an easterly direction along the
centerline of East Broad Avenue to the centerline of Acorn Street;
thence northerly along the centerline of Acorn Street to the centerline
of Clark Avenue; thence easterly along the centerline of Clark Avenue
to the centerline of Cordele Road; thence northeasterly along the
centerline of Cordele Road to the centerline of McCollum Drive;
thence northerly along the centerline of McCollum Drive to a point in
Land Lot 157 where the centerline of McCollum Lane intersects with
the City of Albany city limits line; thence northeasterly along the City
of Albany city limits line in Land Lots 157, 122 and 121, First Land
District to a point where the City Limits line reaches the Flint River
at its intersection with Piney Woods Creek; thence northerly to the
centerline of the Flint River; thence running in an easterly direction
along the centerline of the Flint River to the Dougherty County-Lee
County Line; thence running in a northeasterly direction along the
centerline of the Flint River and the Lee-Dougherty County Line to
the north Dougherty County Line (Worth-Dougherty County Line);
thence running in an easterly direction along the north line of
Dougherty County (Worth-Dougherty County Line) to the East line
of Dougherty County; thence running in a southerly direction along
the east line of Dougherty County (Worth-Dougherty County Line)
to the south line of Dougherty County (Mitchell-Dougherty County
Line); thence running in a westerly direction along the south line of
Dougherty County (Mitchell-Dougherty County Line) to the center-
line of Dixie Highway (Radium Springs Road).
In the event any portion of Dougherty County is not included in
any of the above described Commission Districts, then such portion
GEORGIA LAWS 1982 SESSION
3527
shall be placed in that Commission District contiguous to such
portion which has the least population according to the United States
Decennial Census of 1980 or any future such census.
Section 2. Said Act is further amended by striking Section 2
thereof, which reads as follows:
Section 2. (a) The first members of the Board of Commissioners
provided for herein shall be elected as follows:
(1) The Chairman shall be elected at the general election of
1978 and shall take office on the first day of January, 1979, for a
term of four years and until his successor is elected and qualified.
(2) The member from Commission District 3 shall be elec-
ted at the general election of 1978 and shall take office on the first
day of January, 1979, for an initial term of two years and until his
successor is elected and qualified.
(3) The members from Commission Districts 2,4 and 6 shall
be elected at the general election of 1978 and shall take office on
the first day of January, 1979, for terms of four years and until
their successors are elected and qualified.
(4) The members from Commission Districts 1 and 5 shall
be elected at the general election of 1980 and shall take office on
the first day of January, 1981, for terms of four years and until
their successors are elected and qualified.
(b) Successors to the Chairman and other members elected
pursuant to subsection (a) hereof shall be elected at the general
election immediately preceding the expiration of their respective
terms of office and shall take office on the first day of January
immediately following their election for terms of four years and until
their successors are elected and qualified.
(c) For the period beginning January 1, 1979, and ending
December 31, 1980, the Board of Commissioners of Dougherty
County shall consist of the Chairman and four members elected
pursuant to paragraphs (1) through (3) of subsection (a) of this
Section and the two incumbent members of the present Board of
Commissioners of Dougherty County whose regular terms of office
expire on December 31, 1980. During such period of time said two
3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
incumbent members shall be deemed to be the Commissioners from
Commission Districts 1 and 5, and at the first regular meeting of the
Board held in January, 1979, the Board, by resolution, shall designate
the incumbent Commissioner who shall represent Commission Dis-
trict 1 and the incumbent Commissioner who shall represent Com-
mission District 5.,
and inserting in its place a new Section 2 to read as follows:
Section 2. Notwithstanding those changes in descriptions of
commission districts which become effective under Section 1 of this
Act at the same time this section becomes effective, the terms and
elections of initial and subsequent members of the Board of Commis-
sioners of Dougherty County and its Chairman under said Section 1
shall not be changed but shall remain as follows:
(a) Effective January 1, 1983, the Commissioners representing
Commission Districts 1, 3, and 5 under subsection (c) of Section 1 of
this Act shall be the former commissioners representing Commission
Districts 1, 3, and 5 who were elected at the general election of 1980
under previously existing provisions of this Act, and said commis-
sioners so elected shall serve for the terms of office to which they were
elected, which shall expire on December 31, 1984, and until their
successors are elected and qualified. Their successors 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 the terms of office
and shall take office on the first day of January immediately following
their election for terms of four years and until their successors are
elected and qualified.
(b) The Commissioners representing Commission Districts 2, 4,
and 6, and the Chairman shall be elected at the general election of
1982 and shall take office on January 1,1983, for terms of four years
and until their successors are elected and qualified. Thereafter,
successors shall be elected at the general election immediately pre-
ceding 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.
Section 3. Except for the provisions of this Act relating to and
necessary for the election of the members of the Board of Commis-
GEORGIA LAWS 1982 SESSION
3529
sioners of Dougherty County at the general election of 1982, the
provisions of this Act shall become effective January 1, 1983. The
provisions of this Act relating to and necessary for the election of said
members of the Board of Commissioners at the general election of
1982 shall become effective upon the approval of this Act by the
Governor or upon its otherwise becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to amend an
Act creating a Board of Commissioners of Dougherty County,
approved March 4, 1941 (Georgia Laws, p. 834), as ammended, and
for other purposes.
This 30th day of December, 1981.
C. Nathan Davis
Attorney For 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: Jan. 1,8 &
15,1982.
3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Tommy Chambless
Representative,
131st District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved February 19, 1982.
TOWN OF REGISTER INCORPORATED.
No. 837 (House Bill No. 1147).
AN ACT
To incorporate the Town of Register in the County of Bulloch and
provide a charter therefor; to provide for corporate limits; to provide
for the corporate powers of said Town; to provide for a mayor and
Town Council to include terms and qualifications for office, vacan-
cies, filling of said Town offices, forfeiture of said offices; to provide
for compensation and expenses for the mayor and Town Council; to
provide for certain prohibitions from members of the Town Council
and other town employees; to provide for a code of ethics for the Town
Council; to authorize inquiries and investigations by the Town Coun-
cil; to provide for the general power and authority of the town council;
to provide for a chief executive officer for the town; to provide for the
powers and duties for the mayor as the chief executive officer of the
town; to provide for the review of ordinances by the mayor; to provide
a veto power for the mayor; to provide for a mayor pro tem, his
selection and duties; to provide for an organization meeting for the
GEORGIA LAWS 1982 SESSION
3531
mayor and town council; to provide for regular and special meetings
of the mayor and town council; to provide for rules of procedure for
the town council; to provide for a quorum and a voting procedure for
the town council; to provide for the passage of city ordinances by the
town council; to provide for emergency ordinances; to provide for
modes of Technical regulations for the town; to provide for the
signing, authenticating, recording, codifying, and printing of town
ordinances; to provide administrative and service departments for
the city; to provide for boards, commissions and authorities for the
town; to provide for a town attorney; to provide for a town clerk; to
provide for a town tax collector; to provide for a town accountant; to
provide for consolidation of related city functions; to create a munici-
pal court; to provide for a judge; to provide for a term of court; to
provide for jurisdiction and powers of the court; to provide for
appeals; to provide for rules; to provide for elections and the practices
and procedures related thereto; to provide for the removal of town
officers; to provide for taxes and the practices and procedures related
thereto; to provide for licenses, permits, fees, service charges, and
other special levies; to provide for the collection of delinquent taxes
and fees; to provide means for meeting the financial needs of the town
by the issuance of general obligation bonds, revenue bonds, etc.; to
provide for budgets, appropriations, and audits; to provide for con-
tracting procedures; to provide for centralized purchasing; to provide
for the sale of town property; to provide for eminent domain; to
provide for franchises; to provide for official bonds; to provide for
penalties; to provide for practices and procedures related to first
municipal elections; to provide for construction and severability; to
provide for effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
INCORPORATION, POWERS
Section 1.10. INCORPORATION. This Act shall constitute
the whole Charter of the Town of Register. The town and the
inhabitants thereof are hereby constituted and declared a body
politic and corporate under the name and style the Town of Register,
Georgia, and by that name shall have perpetual duration.
Sectionl.il. CORPORATE BOUNDARIES, (a) The bound-
aries of the Town of Register shall embrace and shall extend a
3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
distance of one-half of one mile in every direction from the center of
the present intersection of the Seaboard Coast Line Railroad Com-
pany track with Main Street a/k/a The Cypress Lake Road with such
alterations as may be made from time to time in the manner provided
by law. The current boundaries of the Town of Register, at all times,
shall be shown on a map to be retained permanently in the office of
Town Clerk and to be designated: Town of Register, Georgia.
Alterations in these boundaries shall be indicated by appropriate
entries upon or additions to such map. Such entries or additions shall
be made by and under the directions of the Mayor. Photographic or
other copies of such map certified by the Mayor shall be admitted as
evidence in all courts and shall have the same force and effect as with
the original map.
(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, (a) The town 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, includ-
ing all powers of self-government not specifically prohibited by the
general law or a local Act of the State of Georgia.
(b) The powers of the Town of Register shall be construed
liberally in favor of the town. The specific mention or failure to
mention particular powers shall not be construed as limiting in any
way the powers of the Town of Register.
(c) The corporate powers of the Town of Register 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 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
GEORGIA LAWS 1982 SESSION
3533
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 appropri-
ations for the government of the Town; to authorize the expendi-
ture 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 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 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 author-
ity, 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, 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 remedies shall be enforced;
3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 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,
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, education, 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 land; 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 building and all
other structures;
GEORGIA LAWS 1982 SESSION
3535
(15) Planning and Zoning. To provide such comprehensive
city planning for development by zoning; subdivision regulation
and the 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 pun-
ishment of drunkenness, riots, and public disturbances;
(17) Special Areas of Public Regulation. To regulate or
prohibit junk dealers; pawn shops; the manufacture, sale or trans-
portation of alcoholic beverages; 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 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 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 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 relations 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;
3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(22) Public Hazards, Removal. To provide for the destruc-
tion 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 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;
(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 corpora-
tions 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, 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;
(26) Nuisance. To define a nuisance and provide for its
abatement whether on public or private property;
(27) Municipal Property Protection. To provide for the
preservation and protection of property and equipment of the
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 sen-
tences 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
GEORGIA LAWS 1982 SESSION
3537
correctional institution 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 here-
under;
(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 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) Town Agencies and Delegation of Power. To create,
alter or abolish departments, boards, offices, commission 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;
(36) Penalties. To provide penalties for violations of any
ordinance adopted pursuant to the authority of this charter and
the laws of the State of Georgia;
3538 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 Town, 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 Town;
(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 inhabitants; and to exercise all implied powers necessary to
carry into execution all powers granted in this charter as fully and
completely as if such powers were fully stated herein; and to
exercise all powers now or in the future authorized to be exercised
by other municipal governments under other laws of the State of
Georgia. No listing of particular powers in this charter shall be
held to be exclusive of others, nor restrictive of general words and
phrases granting powers; but shall be held to be in addition to such
powers unless expressly prohibited to municipalities under the
Constitution or applicable laws of the State of Georgia.
Section 1.13. EXERCISE OF POWERS. All powers, functions,
rights, privileges, and immunities of the 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.
GEORGIA LAWS 1982 SESSION
3539
ARTICLE II
GOVERNING BODY
Section 2.10. CREATION; COMPOSITION; NUMBER;
ELECTION. The governing authority of this Town shall be com-
posed of a Mayor and five Councilmen who shall be elected in the
manner provided by ARTICLE V of this charter.
Section 2.11. TERMS AND QUALIFICATIONS OF OFFICE.
Except for certain initial terms, the members of the Town Council
shall serve for terms of two years and until the election and qualifica-
tion 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 Register 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 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) 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.
3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 following the Towns regular 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 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,
appoint 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.
GEORGIA LAWS 1982 SESSION
3541
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 administrative powers contained in this charter.
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;
3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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.
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
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 four 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.
GEORGIA LAWS 1982 SESSION
3543
Section 2.22. ORGANIZATION MEETING, (a) The Mayor
and Council initially elected under this charter shall meet for organi-
zation on the second Tuesday in May, 1982, and biennially thereafter.
The initial meeting shall be called to order by the judge of the
Superior Court of Bulloch County who shall also administer the
following oath to those newly elected Mayor and Council members:
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 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 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 three 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 any
special 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 unani-
mous 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.
3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 if 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
provisions of this charter and shall provide for keeping a journal of its
proceedings which shall be a public record.
Section 2.25. QUORUM, VOTING. Three Councilmen shall
constitute a quorum and shall be authorized to transact business of
the Council. Voting on the 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. The affirmative vote of a majority of the Council 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.
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 Register hereby ordains... and every ordinance shall so
begin.
Section 2.27. EMERGENCY ORDINANCES. To meet a
public emergency affecting life, health, property, or public peace, the
Council may adopt one or more emergency ordinances but such
ordinances may not levy taxes, grant, renew or extend a franchise,
regulate the rate charged by any public utility for its services, or
authorize the borrowing of money except as provided by law. An
emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally except that it shall be plainly
designated as an emergency ordinance and shall contain, after the
enacting clause, a declaration stating that an emergency exists and
describing it in clear and specific terms. An emergency ordinance
may be adopted with or without amendment or rejected at the
meeting at which it is introduced but the affirmative vote of 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.
GEORGIA LAWS 1982 SESSION
3545
Every emergency ordinance shall automatically stand repealed sixty
days following the date upon which it was adopted but this shall not
prevent reenactment of the ordinance in the manner specified in this
Section if the emergency still exists. An emergency ordinance may
also be repealed by adoption of a repealing ordinance in the same
manner specified in this Section for adoption of emergency ordi-
nances.
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 prescribed
for ordinances generally except that:
(1) the requirements of Section 2.26(b) of this charter for
assuring public access to the ordinance shall be construed to
include copies of any code of technical regulations as well as the
adopting ordinance; and
(2) a copy of each adopted code of technical regulations, as
well as the adopting ordinance, shall be authenticated and
recorded by the 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, RECORD-
ING, CODIFYING, PRINTING, (a) The Town Clerk shall authenti-
cate 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 Register, Georgia. Copies of the Code may be
furnished to all officers, departments, and agencies of the Town and
3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
shall be suitable in form for incorporation therein. The Council shall
make such further arrangements as deemed desirable with respect to
reproduction and distribution of any current changes in or additions
to codes of technical regulations and other rules and regulations
included in the Code.
ARTTf'T F TTT
ADMINISTRATIVE AFFAIRS
Section 3.10. ADMINISTRATIVE AND SERVICE DEPART-
MENTS. (a) Except as otherwise provided in this charter, the
Council shall prescribe the functions or duties and establish, abolish
or alter all nonelective offices, positions of employment, departments
and agencies of the 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,
GEORGIA LAWS 1982 SESSION
3547
after a hearing, may override the Mayors action by a vote of four
Council members.
Section 3.11. BOARD, COMMISSIONS AND AUTHORI-
TIES. (a) The Council shall create by ordinance such boards,
commissions and authorities to fulfill any investigative, quasi-judicial
or quasi-legislative function the Council deems necessary and shall by
ordinance establish the composition, period of existence, duties and
powers thereof.
(b) All members of boards, commissions and authorities of the
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.
3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 part; 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 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 ordinances of the Town, 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. 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.
GEORGIA LAWS 1982 SESSION
3549
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
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 five 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
convened at regular intervals as designated by Council or at such
times as deemed necessary by the Judge to keep current the dockets
thereof.
Section 4.13. JURISDICTION; POWERS, (a) The 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 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 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.
3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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
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 complete the production of evidence in the posses-
sion 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
Bulloch 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
GEORGIA LAWS 1982 SESSION
3551
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; pro-
vided, 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 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, as now or hereafter amended, or under
other applicable general laws of the State of Georgia as are or may be
enacted or amended.
Section 5.11. ELECTION OF COUNCIL AND MAYOR, (a)
On the second Tuesday in April, 1982, and on that day biennially
thereafter, the general municipal election for Mayor and Council of
the Town of Register shall be conducted as herein provided.
(b) For purposes of electing members of the Council, there shall
be five Council Posts designated as Council Post 1, Council Post 2,
Council Post 3, Council Post 4 and Council Post 5. Any person
offering for membership on the Council shall designate at the time of
qualifying for election that Council Post for which such person is
offering.
(c) The Mayor and Council Members initially elected to Council
Post 1 and Council Post 2 shall begin their terms upon taking office as
provided in Section 2.22 of this charter and shall serve for an initial
term of office of two years and until the election and qualification of
their respective successors. Successors to the office of Mayor shall be
elected at each general municipal election, shall begin their terms
upon taking office as provided in Section 2.22 of this charter, and
3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall serve for a term of office of two years and until the election and
qualification of their respective successors. Successors to the office of
Council Post 1 and Council Post 2, after the initial terms ending in
1984, shall be elected at the general municipal election immediately
preceding the expiration of the term of office of Council Post 1 and
Council Post 2, shall begin their terms upon taking office as provided
in Section 2.22 of this charter, and shall serve for terms of office of
four years and until the election and qualification of their respective
successors.
(d) The Council Members initially elected to Council Post 3,
Council Post 4 and Council Post 5 shall begin their terms upon taking
office as provided in Section 2.22 of this charter and shall serve for an
initial term of office of one year and until the election and qualifica-
tion of their respective successors. Successors to the office of Council
Post 3 and Council Post 4, after the initial term ending in 1986, shall
be elected at the general municipal election immediately preceding
the expiration 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 two 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 candi-
dates 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, as now or
hereafter amended, or under other applicable general laws of the
State of Georgia as are or may be enacted or 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:
GEORGIA LAWS 1982 SESSION
3553
(a) incompetence, misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(d) knowingly violate any express prohibition of this charter;
(e) abandonment of office or neglect to perform the duties
thereof; or
(f) failure for any other cause to perform the duties of office as
required by this charter or by law.
Section 5.16. PROCEDURE FOR REMOVAL. Removal of an
above described office may be accomplished by one of the following
methods:
(a) By majority vote of the full Council after an investigative
hearing, the officer to be removed not voting if he is a member of the
Council. In the event an elected officer is sought to be removed by the
action of the Council, such officer shall be entitled to a written notice
specifying the grounds for removal and to a public hearing which shall
be held not less than ten days after the service of such written notice.
Any elected officer sought to be removed from office as herein
provided shall have the right of appeal from the decision of the
Council to the Superior Court of Bulloch 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 Bulloch
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
governmental services; for the repayment of principal and interest on
3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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
ordinance, shall have the power to require any individuals or corpora-
tions 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 costs 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 6.16. SPECIAL ASSESSMENTS. The Council shall
have power and authority to assess all or part of the cost of construct-
ing, reconstructing, widening or improving any public way, street,
GEORGIA LAWS 1982 SESSION
3555
sidewalk, 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-
ment shall become delinquent thirty days after their due dates, shall
thereupon be subject, in addition to fi.fa. charges, to a penalty of ten
percent, and shall thereafter be subject to interest at the rate of seven
percent per annum from date due until paid. A lien shall exist against
the abutting property superior to all other liens except that it shall be
of equal dignity with liens for County and 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 assign-
ment 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 assign-
ment, 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 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.
3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.19. GENERAL OBLIGATION BONDS. The Coun-
cil 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.
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 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 Coun-
cil 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 is applies.
Section 6.25. CAPITAL IMPROVEMENTS BUDGET, (a)
The Mayor may submit to the Council a proposed capital improve-
ments budget with his recommendations as to the means of financing
the improvements proposed for the ensuing fiscal year. The Council
shall have power to accept with or without amendments or reject the
GEORGIA LAWS 1982 SESSION
3557
proposed program and proposed means of financing. The Council
shall not authorize an expenditure for the construction of any build-
ing, structure, work or improvement unless the appropriations for
such project are included in the capital improvements budget, except
to meet a public emergency threatening the lives, health or property
of the inhabitants, provided that such authorization is passed by 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
transactions by a Certified Public Accountant selected by the Coun-
cil. The audit shall be conducted according to generally accepted
governmental accounting principles. Any audit of any funds by the
State or Federal governments may be accepted as satisfying the
requirements of this charter. 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
purchasing 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
the Town for governmental or other purposes as provided by general
State law, as now or later amended.
3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The Council may quit claim 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 Town
has no readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street,
avenue, alley or public place of the Town, a small parcel or tract of
land is cut off or separated by such work from a larger tract or
boundary of land owned by the Town, the 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
empowered to acquire, construct, operate and maintain public ways,
parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks,
electrical systems, gas systems, airports, hospitals and charitable,
educational, recreational, sport, curative, corrective, detentional,
penal and medical institutions, agencies and facilities and any other
public improvements inside or outside the 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,
GEORGIA LAWS 1982 SESSION
3559
however, no franchise shall be granted for a period in excess of thirty-
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.
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 provision 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 Register shall be those qualified electors of
Bulloch County residing within the area comprising the corporate
limits of the Town of Register. At subsequent municipal elections,
the qualified electors of the Town of Register shall be determined
pursuant to the authority of the Georgia Municipal Election Code,
or under other applicable general laws of the State of Georgia as are or
may be enacted or amended.
Section 7.15. CONDUCT OF INITIAL ELECTION. Only for
the purpose of holding and conducting the first municipal election of
the Town of Register under this charter, the election superintendent
of Bulloch County is hereby vested with the powers and duties of the
election superintendent of the Town of Register and the powers and
duties of the governing authority of the Town of Register. It shall be
the duty of the election superintendent of Bulloch 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 Register shall reimburse
Bulloch County for the expenses of such election.
3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Register, Georgia,
and its governing authority.
(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, subsec-
tion, paragraph, sentence or part thereof of this charter shall be held
to be invalid or unconstitutional, such invalidity or unconstitution-
ality shall not affect or impair other parts of this charter, unless it
clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it
being the legislative intent in enacting this charter that each Article,
Section, subsection, paragraph, sentence or part thereof be enacted
separately and independently of each other.
Section 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
1982 Session of the General Assembly of Georgia a bill to incorporate
GEORGIA LAWS 1982 SESSION
3561
the Town of Register, to provide for all matters relating thereto, and
for other purposes.
This 31st day of December, 1981.
John F. Godbee
Representative,
82nd District
Bob Lane
Representative,
81st District
Sworn to and subscribed before me,
this 15th day of December, 1981.
Billy T. Green, Sr.
Notary Public, Georgia State at Large.
My Commission Expires November 1, 1985.
Affidavit.
This is to certify that Van Poole, Atty. ran the legal advertisement
concerning Notice of Intention to Introduce Local Legislation on the
following dates; Dec. 17,1981, Dec. 24,1981, Dec. 31,1981.
/s/ Wanda Hughes
Legal Advertising Mgr.
Sworn to and subscribed before me,
this the 8th day of Jan., 1982.
/s/ Helen M. Mathis
Notary Public.
(Seal)
Approved February 24, 1982.
3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF DOUGHERTY COUNTY
JUDGES COMPENSATION.
No. 838 (House Bill No. 1478).
AN ACT
To amend an Act creating the State Court of Dougherty County,
formerly known as the City Court of Albany, approved December 16,
1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act
approved March 26, 1980 (Ga. L. 1980, p. 4258), so as to change the
compensation 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 creating the State Court of Dougherty County,
formerly known as the City Court of Albany, approved December 16,
1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act
approved March 26, 1980 (Ga. L. 1980, p. 4258), is amended by
striking Section 10 thereof, which reads as follows:
Section 10. The judge of the court shall receive an annual salary
in the amount of $35,000. Such salary shall be paid in equal monthly
installments from the funds of Dougherty County.,
and inserting in its place a new Section 10 to read as follows:
Section 10. The judge of the court shall receive an annual salary
in the amount of $40,000.00. Such salary shall be paid in equal
monthly installments from the funds of Dougherty County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
GEORGIA LAWS 1982 SESSION
3563
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1982 Session of the General Assembly of Georgia a bill to amend the
Act creating the State Court of Dougherty County, Georgia (approved
December 16, 1897 (Ga. Laws 1897, p. 408), as amended, so as to
increase the salary of the Judge of said court; and for other purposes.
This 12th day of January, 1982.
C. Nathan Davis
Attorney For 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: Jan. 16,23
& 30,1982.
/s/ Tommy Chambless
Representative,
131st District
3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved February 25, 1982.
UNION COUNTY TAX COMMISSIONER PLACED
ON SALARY BASIS.
No. 839 (House Bill No. 1575).
AN ACT
To provide an annual salary for the Tax Commissioner of Union
County in lieu of all fees; 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 amend an Act
abolishing the offices of Tax Collector and Tax Receiver of Union
County and creating the office of Tax Commissioner, approved
February 9,1949 (Ga. L. 1949, p. 325), as amended, particularly by an
Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p.
2502), and by an Act approved April 5,1961 (Ga. L. 1961, p. 3481), so
as to delete the provision providing for the compensation of the tax
commissioner and personnel for said office; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
3565
Section 1. (a) The Tax Commissioner of Union County shall
receive an annual salary of $18,000.00, payable in equal monthly
installments or payable twice monthly in equal installments, at the
discretion of the governing authority of Union County, from county
funds.
(b) Effective on January 1, 1985, the salary provided for by
subsection (a) of this section shall be increased by five percent.
Thereafter, the salary of the tax commissioner shall be increased by
five percent for each four-year period with each such increase becom-
ing effective on the first day of January immediately following the
election of said officer for a full four-year term.
Section 2. (a) After the effective date of this Act, said officer
shall diligently and faithfully undertake to collect all fees, fines,
forfeitures, commissions, costs, allowances, penalties, funds, monies,
and all other emoluments and perquisites formerly allowed him as
compensation for services in any capacity, and shall receive and hold
the same in trust for Union 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 close of each calendar quarter. At the
time of each such quarterly payment into the county treasury, the tax
commissioner shall furnish the governing authority of the county a
detailed, itemized statement, under oath, of all such funds received
during the preceding calendar quarter by such officer and paid into
the county treasury. The statement shall show the respective
amounts of money collected and the source thereof.
(b) It is specifically provided that the annual salary provided for
the tax commissioner by this Act shall be in lieu of all payments of any
kind formerly allowed to the tax commissioner, including commis-
sions for collecting taxes in excess of a percentage of the tax digest
and including fees as an agent of the State Revenue Commissioner.
(c) Any fees, commissions, or costs formerly allowed to the tax
commissioner which were due but uncollected on the effective date of
this Act shall, when collected, be payable to the tax commissioner as
compensation.
Section 3. (a) The tax commissioner shall be authorized to
employ assistants as follows:
3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) One assistant whose compensation shall not exceed
$10,800.00 per annum.
(2) One assistant whose compensation shall not exceed
$9,600.00 per annum.
(b) The compensation of personnel provided for by subsection
(a) of this section shall be fixed by the tax commissioner and shall be
paid in equal monthly installments or twice monthly in equal install-
ments, at the discretion of the governing authority of Union County,
from the funds of Union County. With the approval of the governing
authority of Union County, the compensation of either of the assis-
tants may be increased to an amount not exceeding $14,400.00 per
annum.
(c) Upon the recommendation of the tax commissioner, the
governing authority of Union County may authorize said officer to
employ personnel in addition to those provided by subsection (a) of
this section, either on a part-time or full-time basis. Subject to the
approval of the governing authority of Union County, the tax com-
missioner shall fix the compensation of such additional personnel
which shall be paid from the funds of Union County.
(d) It shall be within the sole power of the tax commissioner,
during said officers term of office, to designate and name the person
or persons who shall be employed by such officer and to prescribe the
duties and assignments of such employees and to remove or replace
any of such employees at will and within the sole discretion of said
officer.
Section 4. The necessary operating expenses of the tax commis-
sioners 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, utili-
ties, 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 determi-
nation of such requirements shall be at the sole discretion of the
governing authority of Union 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.
GEORGIA LAWS 1982 SESSION
3567
Section 6. An Act abolishing the offices of Tax Collector and
Tax Receiver of Union County and creating the office of Tax Com-
missioner, approved February 9, 1949 (Ga. L. 1949, p. 325), as
amended, particularly by an Act approved February 20, 1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 2502), and by an Act approved April 5,1961
(Ga. L.1961, p. 3481), is amended by repealing Section 10 thereof in
its entirety.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill relating to the Tax
Commissioner and office of the Tax Commissioner of Union County;
and for other purposes.
This 5 day of January, 1982.
/s/ Carlton Colwell
Representative,
District 4, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton H. Colwell who, on oath,
deposes and says that he/she is Representative from the 4th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the North Georgia News which is the
official organ of Union County, on the following dates: Jan. 7,14 & 21,
1982.
3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Carlton H. Colwell
Representative,
4th District .
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved February 25, 1982.
UNION COUNTY CLERK OF SUPERIOR COURT
PLACED ON SALARY BASIS.
No. 840 (House Bill No. 1576).
AN ACT
To provide that the Clerk of the Superior Court of Union County
shall continue to be compensated on the fee basis of compensation
until a certain date when said officer shall receive a salary in lieu of
fees; to provide for certain personnel for the clerk and for the
payment of such personnel from county funds; to provide an annual
salary for the Clerk of the Superior Court of Union County in lieu of
fees; 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 effective dates; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1982 SESSION
3569
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Until January 1,1985, when the Clerk of the Superior
Court of Union County is placed on an annual salary in lieu of fees as
provided in Part 2 of this Act, said officer shall continue to be
compensated on the fee basis of compensation and shall continue to
receive all fees, fines, forfeitures, commissions, costs, allowances,
penalties, funds, moneys, emoluments, and perquisites provided by
law for clerks of the superior courts who are on the fee basis of
compensation.
Section 2. (a) The clerk shall be authorized to employ deputies
and other employees as follows:
(1) Two deputies whose compensation for each shall not
exceed $12,000.00 per annum.
(2) One part-time employee who may be compensated not
exceeding $800.00 per month.
(b) The compensation of personnel provided for by subsection
(a) of this section shall be fixed by the clerk and shall be paid in equal
monthly installments or twice monthly in equal installments, at the
discretion of the governing authority of Union County, from the funds
of Union County. With the approval of the governing authority of
Union County, the compensation of the deputies may be increased to
an amount not exceeding $14,400.00 per annum.
(c) Upon the recommendation of the clerk, the governing
authority of Union County may authorize the clerk to employ person-
nel in addition to those provided by subsection (a) of this section,
either on a part-time or full-time basis. Subject to the approval of the
governing authority of Union County, the clerk shall fix the compen-
sation of such additional personnel which shall be paid from the funds
of Union County.
(d) It shall be within the sole power of the clerk, during said
officers term of office, to designate and name the person or persons
who shall be employed by such officer and to prescribe the duties and
assignments of such employees and to remove or replace any of such
employees at will and within the sole discretion of said officer. It is
3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
specifically provided that the funds necessary to pay the compensa-
tion of personnel pursuant to this Section shall be paid from the funds
of Union County and not from funds received by the clerk pursuant to
Section 1 of this Act.
Part 2
Section 3. (a) Effective January 1, 1985, the Clerk of the
Superior Court of Union County shall receive an annual salary of
$20,000.00, payable in equal monthly installments or payable twice
monthly in equal installments, at the discretion of the governing
authority of Union County, from county funds.
(b) Effective on January 1, 1989, the salary provided for by
subsection (a) of this section shall be increased by five percent.
Thereafter the salary of the clerk shall be increased by five percent for
each four-year period with each such increase becoming effective on
the first day of January immediately following the election of said
officer for a full four-year term.
Section 4. 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 services in any capacity, and shall receive and hold the
same in trust for Union County as public moneys, and shall pay the
same into the county treasury on or before the fifteenth day of each
month next following the month in which they were collected or
received. At the time of each such monthly payment into the county
treasury, the clerk shall furnish the governing authority of the county
a detailed, itemized statement, under oath, of all such funds received
during the preceding month by such officer and paid into the county
treasury. The statement shall show the respective amounts of money
collected and the source thereof.
Section 5. (a) The clerk shall be authorized to employ deputies
and other employees as follows:
(1) Two deputies whose compensation for each shall not
exceed $12,000.00 per annum.
(2) One part-time employee who may be compensated not
exceeding $800.00 per month.
GEORGIA LAWS 1982 SESSION
3571
(b) The compensation of personnel provided for by subsection
(a) of this section shall be fixed by the clerk and shall be paid in equal
monthly installments or twice monthly in equal installments, at the
discretion of the governing authority of Union County, from the funds
of Union County. With the approval of the governing authority of
Union County, the compensation of the deputies may be increased to
an amount not exceeding $14,400.00 per annum.
(c) Upon the recommendation of the clerk, the governing
authority of Union County may authorize the clerk to employ person-
nel in addition to those provided by subsection (a) of this section,
either on a part-time or full-time basis. Subject to the approval of the
governing authority of Union County, the clerk shall fix the compen-
sation of such additional personnel which shall be paid from the funds
of Union County.
(d) It shall be within the sole power of the clerk, during said
officers term of office, to designate and name the person or persons
who shall be employed by such officer and to prescribe the duties and
assignments of such employees and to remove or replace any of such
employees at will and within the sole discretion of said officer.
Section 6. 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 Union County.
Part 3
Section 7. Part 1 of this Act shall become effective on the first
day of the month following the month in which it is approved by the
Governor or in which it becomes law without approval. Part 2 of this
Act shall become effective on January 1,1985.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill relating to the Clerk
of the Superior Court and office of the Clerk of the Superior Court of
Union County; and for other purposes.
This 5 day of January, 1982.
/s/ Carlton Colwell
Representative,
District 4, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton H. Colwell who, on oath,
deposes and says that he/she is Representative from the 4th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the North Georgia News which is the
official organ of Union County, on the following dates: Jan. 7,14 & 21,
1982.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved February 25, 1982.
GEORGIA LAWS 1982 SESSION
3573
UNION COUNTY JUDGE OF PROBATE COURT
PLACED ON SALARY BASIS.
No. 841 (House Bill No. 1577).
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. L. 1970, p. 2182), as amended by an Act approved February
18, 1977 (Ga. L. 1977, p. 2703) and by an Act approved April 6, 1981
(Ga. L. 1981, p. 3868), so as to change the provisions relative to the
compensation of said officer; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the 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. L. 1970, p. 2182), as amended by an Act approved February
18, 1977 (Ga. L. 1977, p. 2703) and by an Act approved April 6, 1981
(Ga. L. 1981, p. 3868), is amended by striking subsection (a) of
Section 1 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The Judge of the Probate Court of Union County shall
receive an annual salary of $21,000.00 which shall be paid in equal
monthly installments or twice monthly in equal installments, at the
discretion of the governing authority of Union County, from the funds
of Union County. Effective on January 1, 1985, the salary provided
for herein shall be increased by five percent. Thereafter the salary of
the Judge of the Probate Court shall be increased by five percent for
each four-year period with each such increase becoming effective on
the first day of January immediately following the election of said
officer for a full four-year term.
3574 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
repealed.
Notice of Intention To Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill relating to the
Judge of the Probate Court and office of the Judge of the Probate
Court of Union County; and for other purposes.
This 5 day of January, 1982.
/s/ Carlton Colwell
Representative,
District 4, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton H. Colwell who, on oath,
deposes and says that he/she is Representative from the 4th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the North Georgia News which is the
official organ of Union County, on the following dates: Jan. 7,14 & 21,
1982.
/s/ Carlton H. Colwell
Representative,
4th District
GEORGIA LAWS 1982 SESSION
3575
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved February 25, 1982.
UNION COUNTY SHERIFF PLACED ON
SALARY BASIS.
No. 842 (House Bill No. 1578).
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. L.
1968, p. 2264), as amended, so as to change the provisions relating to
the compensation of the sheriff; to change the provisions relating to
personnel employed by the sheriff; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a salary for the Sheriff of Union
County in lieu of the fee system, approved March 11, 1968 (Ga. L.
1968, p. 2264), as amended, is amended by striking Section 2 in its
entirety and substituting in lieu thereof a new Section 2 to read as
follows:
Section 2. (a) The sheriff shall receive an annual salary of
$20,000.00 payable in equal monthly installments or twice each
month in equal installments, at the discretion of the governing
authority of Union County, from the funds of Union County.
3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Effective on January 1, 1985, the salary provided for by
subsection (a) of this section shall be increased by five percent.
Thereafter, the salary of the sheriff shall be increased by five percent
for each four-year period with each such increase becoming effective
on the first day of January immediately following the election of said
officer for a full four-year term.
Section 2. Said Act is further amended by striking Section 4 in
its entirety and substituting in lieu thereof a new Section 4 to read as
follows:
Section 4. (a) The sheriff shall be authorized to employ deputies
and other employees as follows:
(1) One chief deputy whose compensation shall not exceed
$12,000.00 per annum.
(2) Two additional deputies whose compensation for each
shall not exceed $10,800.00 per annum.
(3) Two jailers whose compensation for each shall not
exceed $10,800.00 per annum.
(4) One secretary whose compensation shall not exceed
$9,600.00 per annum.
(5) One additional employee whose compensation shall not
exceed $7,200.00 per annum.
(b) The compensation of personnel provided for by subsection
(a) of this section shall be fixed by the sheriff and shall be paid in
equal monthly installments or twice each month in equal install-
ments, at the discretion of the governing authority of Union County,
from the funds of Union County. With the approval of the governing
authority of Union County, the compensation of the chief and each of
the other deputies may be increased to an amount not exceeding
$16,800.00 per annum, and the compensation of other personnel
provided for by subsection (a) of this section may be increased to an
amount not exceeding $12,000.00 per annum.
(c) Upon the recommendation of the sheriff, the governing
authority of Union County may authorize the sheriff to employ
personnel in addition to those provided by subsection (a) of this
GEORGIA LAWS 1982 SESSION
3577
section, either on a part-time or full-time basis. Subject to the
approval of the governing authority of Union County, the sheriff shall
fix the compensation of such additional personnel which shall be paid
from the funds of Union County.
(d) It shall be within the sole power of the sheriff, during said
officers term of office, to designate and name the person or persons
who shall be employed by such officer and to prescribe the duties and
assignments of such employees and to remove or replace any of such
employees at will and within the sole discretion of each respective
officer.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill relating to the
Sheriff and office of the Sheriff of Union County; and for other
purposes.
This 5 day of January, 1982.
/s/ Carlton Colwell
Representative,
District 4, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton H. Colwell who, on oath,
deposes and says that he/she is Representative from the 4th District,
3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the North Georgia News which is the
official organ of Union County, on the following dates: Jan. 7,14 & 21,
1982.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved February 25, 1982.
ETON CITY COURT ESTABLISHED.
No. 846 (House Bill No. 1438).
AN ACT
To establish the Eton City Court; to provide for the judge of said
court and his powers and duties; to provide for the jurisdiction,
powers, and procedures of the court; to provide a method of appeal of
a conviction in said court; to provide for the rules of said court; to
provide for other matters relative to the foregoing; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
3579
Section 1. There is established a court to be known as the Eton
City Court of the Town of Eton, Georgia, which shall have jurisdiction
and authority to try offenses against the laws and ordinances of said
town and to punish for violations of the same. The court shall have
the power and authority to enforce its judgments by the imposition of
such penalties as may be provided by law; to punish witnesses for
nonattendance; to punish any person who may counsel, 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
process or reach of the court; to try all offenses within the territorial
limits of the town 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. The
Eton City Court shall be presided over by the judge of said court.
Section 2. (a) The mayor of Eton shall serve as the judge of the
Eton City Court and his compensation shall be fixed by the city
council of Eton.
(b) A judge pro tern shall serve in the absence, disqualification,
or resignation of the judge. The judge pro tern shall be appointed by
the city council, shall take the same oath as the judge, and shall
exercise the same powers and duties as the judge when acting in his
place.
(c) Before entering on the duties of his office, the judge shall
take an oath before the city clerk that he will truly, honestly, and
faithfully discharge the duties of his office to the best of his ability
without fear, favor, or partiality. The oath shall be entered upon the
minutes of the city council.
Section 3. The Eton City Court shall be convened at such times
as designated by ordinance or at such times as deemed necessary to
keep current the dockets thereof.
Section 4. (a) The Eton City Court shall try and punish for
crimes against the Town of Eton and for violations of its ordinances.
The Eton City Court shall have authority to punish those in its
presence for contempt, provided that such punishment shall not
exceed $1,000.00 or 90 days in jail. The Eton City Court may fix
punishment for offenses within its jurisdiction not exceeding a fine of
$1,000.00, or imprisonment for 90 days, or both, and as an alternative
3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to fine or imprisonment may sentence any offender upon conviction
to labor on the streets, sidewalks, squares, or other public works.
(b) The Eton City 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 the superior courts for violations of state law.
(c) The Eton 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, personal property, or real property as surety for appear-
ance of persons charged with violations. Whenever any person shall
give bail for his appearance and shall fail to appear at the time fixed
for trial, his bond shall be forfeited by the judge presiding at such
time and an execution shall be issued thereon by serving the defend-
ant and his sureties with a rule nisi at least two days before the
hearing on the rule nisi. In the event that cash or property is accepted
in lieu of bond for security for the appearance of a defendant at trial
and the defendant fails to appear at the time and place fixed for trial,
the cash so deposited shall be, on order of the judge, forfeited to the
Town of Eton or the property so deposited shall have a lien against it
for the value forfeited. Such lien shall be enforceable in the same
manner and to the same extent as a lien for municipal property taxes.
(d) The Eton City 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.
(e) The Eton City Court shall have the authority to administer
oaths and to perform all other acts necessary and proper to the
conduct of said court.
(f) The Eton City 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 law.
(g) The Eton City Court is specifically vested with all of the
jurisdiction and powers within the corporate limits of the Town of
Eton granted generally by law to mayors, recorders, and police
courts and particularly by such laws as authorize the abatement of
nuisances.
GEORGIA LAWS 1982 SESSION
3581
Section 5. Any person convicted in the Eton City Court shall
have the right to apply to the superior court of the county for a writ of
certiorari.
Section 6. With the approval of the city council, the judge of the
Eton City Court shall have full power and authority to make reason-
able rules and regulations necessary and proper to secure the efficient
and successful administration of the court; provided, however, that
the city council may adopt in whole or in part the rules and regula-
tions relative to the procedures for the operation of the superior
courts under the general law of the state. The rules and regulations
made or adopted for said court shall be filed with the city clerk, shall
be available for public inspection, and, upon request, a copy shall be
furnished to all defendants in Eton City Court proceedings at least 48
hours prior to said proceedings.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to establish the
Eton City Court; to provide for other matters relative thereto; and for
other purposes.
This 6 day of January, 1982.
Tom Ramsey
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Ramsey who, on oath, deposes
3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: Jan. 14, 21 & 28,
1982.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 4, 1982.
LOWNDES COUNTY BOARD OF COMMISSIONERS,
REFERENDUM.
No. 849 (House Bill No. 1570).
AN ACT
To amend an Act creating a board of commissioners for Lowndes
County, approved February 12,1945 (Ga. L. 1945, p. 639), as amended
by an Act approved March 27, 1947 (Ga. L. 1947, p. 868), an Act
approved February 12, 1952 (Ga. L. 1952, p. 2736), an Act approved
March 4,1955 (Ga. L. 1955, p. 2728), an Act approved March 20,1963
(Ga. L. 1963, p. 2337), an Act approved April 4, 1967 (Ga. L. 1967, p.
2604), an Act approved March 27,1972 (Ga. L. 1972, p. 2975), an Act
GEORGIA LAWS 1982 SESSION
3583
approved April 17, 1973 (Ga. L. 1973, p. 3303), an Act approved
February 27, 1975 (Ga. L. 1975, p. 2565), an Act approved March 24,
1976 (Ga. L. 1976, p. 3126), and an Act approved March 18,1980 (Ga.
L. 1980, p. 3567), so as to change the composition and manner of
selection of said board; to provide for a referendum; 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 for
Lowndes County, approved February 12,1945 (Ga. L. 1945, p. 639), as
amended by an Act approved March 27,1947 (Ga. L. 1947, p. 868), an
Act approved February 12, 1952 (Ga. L. 1952, p. 2736), an Act
approved March 4, 1955 (Ga. L. 1955, p. 2728), an Act approved
March 20, 1963 (Ga. L. 1963, p. 2337), an Act approved April 4, 1967
(Ga. L. 1967, p. 2604), an Act approved March 27, 1972 (Ga. L. 1972,
p. 2975), an Act approved April 17,1973 (Ga. L. 1973, p. 3303), an Act
approved February 27, 1975 (Ga. L. 1975, p. 2565), an Act approved
March 24,1976 (Ga. L. 1976, p. 3126), and an Act approved March 18,
1980 (Ga. L. 1980, p. 3567), is hereby amended by repealing in its
entirety said amendatory Act approved March 27, 1972 (Ga. L. 1972,
p. 2975), as amended by said Act approved March 27, 1976 (Ga. L.
1976, p. 3126) and said Act approved March 18, 1980 (Ga. L. 1980, p.
3567).
Section 2. Said Act creating a board of commissioners for
Lowndes County is further amended by striking in their entirety
Sections 2 and 2A and inserting in their place a new Section 2 to read
as follows:
Section 2. (a) The board of commissioners is hereby reconsti-
tuted as follows:
(1) From November 3, 1982, to January 1, 1983, the board
shall continue as it existed immediately prior to November 3,
1982. During this period the board shall consist of the chairman
and two other members who were elected at large at the 1980
general election.
(2) Effective January 1, 1983, two new members shall be
added to the board; and the board shall at all times thereafter
consist of a chairman and four other members as provided in this
paragraph.
3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The member serving as chairman immediately
prior to January 1, 1983, shall continue to serve as chairman
until the expiration of his term on January 1, 1985. Future
chairmen shall be elected from the county at large at the 1984
general election and at the general election held each fourth
year thereafter.
(B) The two other members serving immediately prior
to January 1,1983, shall continue to serve until the expiration
of their terms on January 1,1985. The member who resides in
Commissioner District No. 2 shall represent that commis-
sioner district; and his successors shall be elected from and by
the voters of Commissioner District No. 2 at the 1984 general
election and at the general election held each fourth year
thereafter. The member other than the chairman who resides
in Commissioner District No. 4 shall represent that commis-
sioner district; and his successors shall be elected from and by
the voters of Commissioner District No. 4 at the 1984 general
election and at the general election held each fourth year
thereafter.
(3) One of the two new members taking office on January 1,
1983, and his successors shall represent Commissioner District
No. 1 and shall be elected from and by the voters of Commissioner
District No. 1 at a special election held in 1982 and at the general
election held in 1986 and each fourth year thereafter. The other
new member taking office on January 1, 1983, and his successors
shall represent Commissioner District No. 3 and shall be elected
from and by the voters of Commissioner District No. 3 at a special
election held in 1982 and at the general election held in 1986 and
each fourth year thereafter.
(b) The chairman of the board must be a resident of Lowndes
County. Each other member of the board must be a resident of the
commissioner district which he represents. Said commissioner dis-
tricts shall consist of the following described territory within
Lowndes County:
Commissioner District No. 1
Lowndes
Tracts 9901 and 9902
Tract 9903
GEORGIA LAWS 1982 SESSION
3585
Blocks 201, 203, 213, and 214
Tract 9904
Commissioner District No. 2
Lowndes
Tract 9905
Blocks 117 through 130 and 133
through 145
Tract 9907
Block Group 1
Blocks 201 through 232 and 234
Tract 9908
Blocks 101 through 144, 146 through
150, and 201 through 204
Block Group 3
Tract 9911
Those parts of Blocks 121 and 123
outside the City of Valdosta
Blocks 319 through 321
Those parts of Blocks 337 and 338
outside the City of Valdosta
Blocks 339 through 350
Block Group 4
Tract 9912
Blocks 101 through 114, 116 through
147, 201 through 210, and 213
through 229
Block Groups 3 and 4
Commissioner District No. 3
Lowndes
Tract 9906
Blocks 148 through 150
Block Group 2
Tract 9907
Blocks 233 and 235 through 245
Tract 9908
Blocks 145, 205 through 223, 225
through 228, and 295 through 299
Tracts 9909 and 9910
Tract 9911
Blocks 101 through 120
3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 121 within
the City of Valdosta
Block 122
That part of Block 123 within
the City of Valdosta
Blocks 124 through 150
Block Group 2
Blocks 301 through 318 and 322
through 336
Those parts of Blocks 337 and 338
within the City of Valdosta
Blocks 351 and 352
Tract 9912
Blocks 115, 211, and 212
Commissioner District No. 4
Lowndes
Tract 9903
Block Group 1
Blocks 202, 204 through 212, and
215 through 250
Block Group 3
Tract 9905
Blocks 101 through 116, 131, 132,
and 146 through 150
Block Group 2
Tract 9906
Blocks 101 through 147 and 151
through 153
Tract 9913
(c) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any commissioner district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
GEORGIA LAWS 1982 SESSION
3587
(3) Any part of Lowndes County which is not included in
any district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(d) The terms of all members of the board shall be four years.
(e) The chairman of the board shall receive a salary of $550.00
per month. Each other member of the board shall receive a salary of
$500.00 per month. In addition, each member of the board shall be
reimbursed for actual expenses incurred in travel outside the county
in the discharge of their duties.
(f) The special election held in 1982 for the election of the two
members shall be held as provided in this subsection:
(1) On or before November 5, 1982, the Lowndes County
election superintendent shall issue the call for the special election
to be held on December 7, 1982. The superintendent shall cause
the date and purpose of the election to be published in the county
organ once a week for two weeks immediately preceding the date
of the election.
(2) If a run-off election is required, it shall be held on
December 28,1982.
(3) The special election shall be conducted pursuant to the
Georgia Election Code.
Section 3. Not less than 30 nor more than 45 days before the
date of the November, 1982, general election, the election superinten-
dent of Lowndes County shall issue the call for a special election for
the purpose of submitting this Act to the electors of Lowndes County.
The superintendent shall set the date of this special election for the
date of the November, 1982, general election. The superintendent
shall cause the date and purpose of the election to be published in the
county organ once a week for two consecutive weeks immediately
preceding the date of the election. The ballot shall have written or
printed thereon the words:
3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
( ) YES Shall the Act changing the compo-
( ) NO sition and manner of selection of
the board of commissioners of
Lowndes 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, then Sections 1 and 2 of this Act shall
immediately become of full force and effect; otherwise they shall be
void and of no force and effect.
The expense of such election shall be borne by Lowndes 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.
Notwithstanding the foregoing provisions of this section, if, as of
the thirtieth day before the November, 1982, general election, the
enforcement of this Act is prohibited by the Federal Voting Rights
Act of 1965, then this Act shall stand repealed as of such date and the
special election provided for by this Section 3 shall not be held.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a board of commissioners for Lowndes County, approved
February 12, 1945 (Ga. L. 1945, p. 639), as amended by an Act
approved March 27, 1947 (Ga. L. 1947, p. 868), an Act approved
February 12, 1952 (Ga. L. 1952, p. 2736), an Act approved March 4,
1955 (Ga. L. 1955, p. 2728), an Act approved March 20, 1963 (Ga. L.
1963, p. 2337), an Act approved April 4,1967 (Ga. L. 1967, p. 2604), an
Act approved March 27,1972 (Ga. L. 1972, p. 2975), an Act approved
April 17, 1973 (Ga. L. 1973, p. 3313), an Act approved February 27,
GEORGIA LAWS 1982 SESSION
3589
1975 (Ga. L. 1975, p. 2565), an Act approved March 24, 1976 (Ga. L.
1976, p. 3126), and an Act approved March 18, 1980 (Ga. L. 1980, p.
3567), so as to change the composition and manner of selection of said
board; to provide for a referendum; to provide for all related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
This 15th day of Dec., 1981.
James M. Beck
Representative,
148th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James M. Beck who, on oath, deposes
and says that he/she is Representative from the 148th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in The Valdosta Daily Times which is the
official organ of Lowndes County, on the following dates: Dec. 19, 26,
1981 & Jan. 2,1982.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 5th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 10, 1982.
3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILCOX COUNTY SHERIFFS SALARY.
No. 853 (House Bill No. 1477).
AN ACT
To amend an Act placing the Sheriff of Wilcox County on an
annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2202), as
amended, 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 Wilcox County on an
annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2202), as
amended, is amended by striking Section 2 of said Act in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The sheriff shall receive an annual salary of $18,000.00
which shall be paid in equal monthly installments from the funds of
Wilcox County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent.
I will introduce at the 82 General Assembly a bill regarding the
Sheriffs Office in Wilcox County affecting the Sheriffs salary.
GEORGIA LAWS 1982 SESSION
3591
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 Cordele Dispatch and News which is the
official organ of Wilcox County, on the following dates: Jan. 21, 28,
1982 & Feb. 4,1982.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 11, 1982.
3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF GROVETOWN JUDGE OF CITY COURT.
No. 855 (House Bill No. 1687).
AN ACT
To amend an Act incorporating the City of Grovetown, Georgia,
approved March 9, 1959 (Ga. L. 1959, p. 2223), as amended, so as to
change the provisions relating to the City Court of Grovetown; to
provide for the judge of said court; to provide for penalties for
violation of ordinances; 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 Grovetown, Georgia,
approved March 9, 1959 (Ga. L. 1959, p. 2223), as amended, is
amended by striking in its entirety Section 9 and inserting in lieu
thereof a new Section 9 to read as follows:
Section 9. Be it enacted by the authority aforesaid that the
mayor and city council, by a majority vote, shall name a judge for the
City Court of Grovetown who shall either be an attorney at law,
having been admitted to practice in the State of Georgia for at least a
period of three years, or a citizen and resident of Grovetown, Georgia,
who shall meet the same qualifications and requirements as a candi-
date for mayor of said city and who shall serve for a period not to
exceed one year at the pleasure of a majority of the mayor and city
council. The mayor and city council shall have the authority to
reappoint said judge on an annual basis by a majority vote, and said
mayor and city council shall have the authority to set the salary of
said judge by a majority vote. The judge shall have full power and
authority to hold, at such times and places and under such rules and
regulations as he shall prescribe so long as same does not violate the
ordinances of the City of Grovetown and the laws of the State of
Georgia, a City Court for Grovetown, Georgia, for the trial of offend-
ers against the ordinances of said city and to impose such penalties for
violation thereof as may be prescribed by ordinances or state law not
exceeding a fine of $200.00 and imprisonment for 60 days for each
offense. The judge may impose a fine and sentence of imprisonment.
Said city judge, when appointed and qualified, shall have all the
powers and authority appertaining to said city court as now exercised
under the charter of the City of Grovetown.
GEORGIA LAWS 1982 SESSION
3593
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
State of Georgia.
Columbia County.
Notice is hereby given that there will be introduced in the Janu-
ary-February, 1982 Session of the General Assembly of the State of
Georgia, a Bill to amend the Charter of the City of Grovetown (Ga.
Laws 1959, p. 2223 et seq.) as heretofore created and amended. So as
to provide for a City Court to operate and function within the City of
Grovetown to provide that the Mayor and City Council shall desig-
nate a Judge to preside over said Court, who shall be a licensed
attorney, having been admitted to the practice of law in the State of
Georgia for a minimum of three years, or a resident of the City of
Grovetown who shall have and meet the same qualifications and
requirements as a candidate for Mayor, according to the City Charter;
and so as to provide that the Mayor and City Council, by a majority
vote, shall set the salary of the City Court Judge; and so as to provide
that the Judge of said Court shall serve during his tenure in office for
a period of and not to exceed one (1) year, subject to reappointment
by the Mayor and City Council by a majority vote; so as to provide
that said Judge shall have the full power and authority to hold at such
times and places and under such rules and regulations as he shall
determine so long as same does not violate the laws of the State of
Georgia or Ordinances of the City of Grovetown; and so as to provide
that said Judge shall try offenders and violators of Ordinances of said
City and impose such penalties for violations thereof as may be
prescribed by Ordinances and/or State law, not exceeding a fine of
$200.00 and imprisonment for sixty (60) days for each offense and
may impose both a fine and sentence of imprisonment; and so as to
amend any other provision of the Charter to provide that the City
Court Judge shall be designated as the presiding officer of the City
Court of Grovetown; to repeal all conflicting laws and Ordinances and
for other purposes.
3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 22nd day of January, 1982.
Presented By: William S. Jackson
Representative of the
77th District,
House of Representatives
Columbia County, Georgia
Mary Ann Vinson
Mayor Pro Tern,
City of Grovetown, Georgia
Morris 0. Free
Councilman,
City of Grovetown, Georgia
Sam C. Newman
Councilman,
City of Grovetown, Georgia
James Reese
Councilman,
City of Grovetown, Georgia
Attest:
Darleen H. Plunkett
Clerk,
City of Grovetown,
Georgia.
Jim Blanchard, Jr.
Attorney for the City
of Grovetown, Georgia.
State of Georgia.
County of Columbia.
Personally appeared John Pierce Blanchard, who being duly
sworn says that he is Managing-Editor of The Columbia News a
weekly newspaper in Martinez, Georgia, and that the advertisement
GEORGIA LAWS 1982 SESSION
3595
City of Grovetown duly appeared in said newspaper on the following
dates: January 27, February 3, and February 10,1982.
/s/ John Pierce Blanchard
Sworn to and subscribed before me,
this 15th day of February, 1982.
/s/ Philip B. Blanchard
Notary Public,
Commission Expires 4-11-84.
Approved March 12, 1982.
CITY OF ATLANTA DUTIES OF PRESIDENT
OF COUNCIL.
No. 857 (House Bill No. 1264).
AN ACT
To amend an Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb and creating a new charter for said
city, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so
as to change the provisions relative to the President of the Council; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb and creating a new charter for said
city, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is
amended by striking paragraphs (b) and (c) of Section 2-204 in their
entirety and substituting in lieu thereof new paragraphs (b) and (c) to
read as follows:
3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) may vote on any issue or question before the Council at any
regular or called meeting of the Council;
(c) shall appoint the members and chairmen of such committees
as may be established by the Council pursuant to its rules and fill
vacancies therein, provided any such appointments shall be subject to
rejection by a majority vote of the total membership of the Council,
and provided further that the President of the Council shall be an ex
officio nonvoting member of each such committee.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that the City of 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 1982 Session of the General Assembly of Georgia, which convenes
on Monday, January 11, 1982, 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:
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 28th day of December, 1981.
William M. (Bill) Alexander
Legislative Coordinator,
City of Atlanta
GEORGIA LAWS 1982 SESSION
3597
Tom Keating
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, J. E. (Billy) McKinney who, on oath,
deposes and says that he/she is Representative from the 35th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: Dec. 28,
1981, Jan. 4 & 11,1982.
/s/ J. E. McKinney
Representative,
35th District
Sworn to and subscribed before me,
this 18th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 18, 1982.
3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF EAST POINT ELECTIONS, ETC.
No. 858 (House Bill No. 1266).
AN ACT
To amend an Act establishing a new charter for the City of East
Point, Georgia, approved August 19,1912 (Ga. L. 1912, p. 862, et seq.),
and the several Acts amendatory thereof and especially that Act
approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as
amended by that Act approved March 21,1974 (Ga. L. 1974, p. 2497,
et seq.), so as to provide for election of the mayor and council; to
provide for two posts in each ward, one of which shall henceforth be
elected on a ward-wide basis, and one of which shall be elected on a
city-wide basis; to provide for severability; to provide for an effective
date; to provide for repeal of conflicting laws and ordinances; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of East
Point, Georgia, approved August 19,1912 (Ga. L. 1912, p. 862, et seq.),
and the several Acts amendatory thereof and especially that Act
approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as
amended by that Act approved March 21,1974 (Ga. L. 1974, p. 2497,
et seq.), is amended by striking in its entirety Section 18 of the charter
as contained in Ga. L. 1974, p. 2501, and inserting in lieu thereof a new
Section 18, which shall read as follows:
Section 18. Election of Mayor and Council, (a) Election of
Councilmen. In each Ward of the City, as set forth in Section 4(2) of
the Charter of the City of East Point, there are hereby created two
posts, which shall be known as Post I and Post II. Elections of
Councilmen to said Posts, as present terms expire, shall be on the
date of the primary preceding the General Election, at which Fulton
County members of the General Assembly are chosen. An election
shall be held biennially for each group of four Councilmen, as their
terms expire. The terms of all regularly elected Councilmen shall
commence on the 1st day of January next after their election and said
officers shall serve a term of four years, and until their respective
successors are elected and qualified. Provided further that the terms
of none of the present members of the Council shall be reduced by this
Act, and the terms of each of them shall continue to the end of the
GEORGIA LAWS 1982 SESSION
3599
year for the term for which they have been elected, and until
respective successors have been elected and qualified.
(1) Post I shall comprise that seat in each Ward which, after
the effective date of this Section 18, next expires, and it is
submitted for election. Post I of the respective Ward seats, shall,
upon the effective date of this Section 18, and from term to term
thereafter, be filled by election on a ward-wide basis. Each
Councilman elected in Post I of the respective Wards of the City
shall be elected exclusively by qualified voters within the Ward of
the respective Councilman at such place or places as the City
Council designates.
(2) Post II shall comprise that seat in each Ward submitted
to election of a successor, upon normal expiration of the term,
occurring more than two years after the effective date of this
Section 18. Post II of the respective Ward seats shall at that
General Election and from term to term thereafter be filled by
election on a city-wide basis. Each Councilman from Post II of the
respective Wards of the City shall be elected exclusively by
qualified voters in all ward precincts of the City at such place or
places as the City Council designates.
(b) Election of Mayor. The election of the Mayor shall be
conducted on a city-wide basis held and elected exclusively by
qualified voters in each Ward precinct at such place or places as the
City Council designates. The election of the Mayor shall next be
conducted on the date of the primary preceding the General Election
of 1984, at which Fulton County members of the General Assembly
are chosen. The term of the Mayor shall commence on the 1st day of
January next after his or her election and the Mayor shall serve a term
of four years, and until his or her successor is elected and qualified.
Provided further that the term of the present Mayor shall not be
reduced by this Act, and the term he is presently serving shall
continue to the end of the year of the term for which he has been
elected and until his successor shall have been duly qualified.
Every four years thereafter, elections shall be held in said City on
the date of the primary preceding the regular General Election, at
which Fulton County members of the General Assembly are elected,
to fill vacancies occurring in the office of the Mayor by virtue of
expiration of his or her term as herein set forth.
3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Effective Date. This Act shall become effective upon
the first day set for qualifying of candidates for office to Mayor or
Council of the City of East Point occurring first after its approval by
the Governor and the Civil Rights Division of the United States
Justice Department as required pursuant to the Voting Rights Act of
1965.
Section 3. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly declares that it would have passed the remaining parts of
this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional.
Section 4. All laws and parts of laws or ordinances in conflict
with this Act are repealed.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that the City of East Point, Georgia intends
to apply for the passage of local legislation in the 1982 regular session
of the General Assembly of Georgia, which convenes in January, 1982.
The title of the bill or bills to be introduced shall be as follows:
An Act to amend an Act establishing a new charter for the city of
East Point, Georgia, approved August 19,1912 (Ga. L. 1912, p. 862, et
seq) and the several Acts amendatory thereof and especially the Act
approved March 9,1972 (Ga. L. 1972, p. 2151, et seq.) and other Acts
amendatory thereof including that Act approved March 21,1974 (Ga.
L. 1974, p, 2497, et seq) and as has been further amended); to repeal
conflicting laws: to provide for severability; and for other purposes.
This 15th day of December, 1981.
GEORGIA LAWS 1982 SESSION
3601
City of East Point, Georgia
By: George N. Sparrow, Jr.
East Point City Attorney
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
17, 24, 31 days of Dec., 1981, and on the 6 day of Jan., 1982. As
provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me,
this 8 day of Jan., 1982.
/s/ Sara H. Allen
Notary Public, Georgia State at Large.
My Commission Expires Aug. 23, 1985.
(Seal).
Approved March 18, 1982.
3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHEROKEE COUNTY BOARD OF EDUCATION,
REFERENDUM.
No. 859 (House Bill No. 1701).
AN ACT
To amend an Act providing for the membership of the Cherokee
County Board of Education, approved April 17, 1973 (Ga. L. 1973, p.
3207), as amended by an Act approved March 18,1980 (Ga. L. 1980, p.
3275), so as to provide for education districts for the Cherokee County
Board of Education; to provide for the present members of the board;
to provide for other matters relative to the foregoing; to provide for a
referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the membership of the Cherokee
County Board of Education, approved April 17,1973 (Ga. L. 1973, p.
3207), as amended by an Act approved March 18,1980 (Ga. L. 1980, p.
3275), is amended by striking Section 1 and Section 2 of said Act in
their entirety and inserting in lieu thereof a new Section 1 and Section
2 to read as follows:
Section 1. For the purposes of electing members of the Cherokee
County Board of Education, positions of membership on the board
shall be numbered as Post 1 through Post 7, respectively. Post
numbers shall correspond to the education district with the same
number as provided in Section 2.
Section 2. (a) For the purpose of electing members to the
Cherokee County Board of Education, the Cherokee County School
District shall be divided into seven education districts as follows:
District No. 1
Tract 906
Those parts of Blocks 102, 110, and 111
within the City of Canton
Blocks 112 through 127 and 201 through 204
That part of Block 205 within the City of
Canton
Blocks 207 through 225
Block Groups 3 and 4
GEORGIA LAWS 1982 SESSION
3603
Tract 907
Blocks 102 through 131 and 201 through 215
That part of Block 216 within the City of
Holly Springs
Blocks 217 and 224
That part of Block 225 within the City of
Holly Springs
Blocks 226 through 229
Block Group 3
District No. 2
Tract 901
Blocks 101 through 113, 135 through 150,
and 201 through 240
Tract 905
Block Groups 1 and 2
Tract 906
Block 101
That part of Block 102 outside the City of
Canton
Blocks 103 through 109
Those parts of Blocks 110, 111, and 205
outside the City of Canton
Block 206
Block Group 5
District No. 3
Tract 905
Block Group 3
Tract 907
Block 101
That part of Block 216 outside the City of
Holly Springs
Blocks 218 through 223
That part of Block 225 outside the City of
Holly Springs
Tract 908
District No. 4
Tract 909
3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Tract 910 within the City of
Woodstock
District No. 5
Tract 902
Blocks 306, 311, 312, and 314
Tract 903
Tract 911
Block Group 1
Blocks 201 through 213 and 219
Block Group 3
District No. 6
That part of Tract 910 outside the City of
Woodstock
Tract 911
Blocks 214 through 218 and 220
District No. 7
Tract 901
Blocks 114 through 134 and 241 through
258
Tract 902
Block Groups 1 and 2
Blocks 301 through 305, 307 through 310,
and 313
Tract 904
(b) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
GEORGIA LAWS 1982 SESSION
3605
(3) Any part of Cherokee County which is not included in
any district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(c) The present members of the board of education shall serve
for the terms of office for which they were elected and until their
successors are elected and qualified as provided in Section 3. Mem-
bers of the board of education shall be deemed to represent the
education district provided for in subsection (a) which number corre-
sponds to the education district for which they were elected. Begin-
ning with the primary and general elections held in 1982 and there-
after at which members of the board of education are elected,
members shall be elected from the education districts provided for in
subsection (a).
Section 2. Within five days after the approval of this Act by the
Governor, or after it otherwise becomes law, it shall be the duty of the
election superintendent of Cherokee County to issue the call for an
election for the purpose of submitting this Act to the electors of
Cherokee County for approval or rejection. The superintendent shall
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 Cherokee County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act providing for educa-
( ) NO tion districts for the Cherokee
County Board of Education be
approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Cherokee County.
It shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the Georgia
General Assembly a local bill that will change the district lines of the
Cherokee County Board of Education.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty 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 Legisla-
tion was published in the Cherokee Tribune which is the official organ
of Cherokee County, on the following dates: Feb. 3,10 & 17,1982.
/s/ William. G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 19th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 18, 1982.
GEORGIA LAWS 1982 SESSION
3607
CITY OF ATLANTA MEMBERS OF BOARD OF
EDUCATION.
No. 867 (House Bill No. 1505).
AN ACT
To amend an Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb, and creating a new charter for said
City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended,
particularly by an ordinance adopted pursuant to the provisions of
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298), as
amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and
which incorporated into the charter of the City of Atlanta the Act
reorganizing the Board of Education of the City of Atlanta, approved
March 16,1973 (Ga. L. 1973, p. 2167), as amended, particularly by an
Act approved April 11, 1979 (Ga. L. 1979, p. 3560), which Act, by
Section 4.109 thereof, is deemed to be a part of the Act creating a new
charter for the City of Atlanta, so as to change the provisions relating
to the qualifications of the members of the Board of Education of the
City of Atlanta; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb, and creating a new charter for said
City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended,
particularly by an ordinance adopted pursuant to the provisions of
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298), as
amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and
which incorporated into the charter of the City of Atlanta the Act
reorganizing the Board of Education of the City of Atlanta, approved
March 16,1973 (Ga. L. 1973, p. 2167), as amended, particularly by an
Act approved April 11, 1979 (Ga. L. 1979, p. 3560), which Act, by
Section 4.109 thereof, is deemed to be a part of the Act creating a new
charter for the City of Atlanta, is amended by striking Section 8-102
(formerly numbered as Section 1-102 of the Act reorganizing the
Board of Education of the City of Atlanta, approved March 16, 1973
(Ga. L. 1973, p. 2167), in its entirety and substituting in lieu thereof a
new Section 8-102 to read as follows:
Section 8-102. Qualifications, (a) To qualify for election as a
Board member, a person must be:
3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) At least twenty-one years of age; and
(2) A resident of the City for at least one year and of the
Board District for at least six months from which he seeks to
qualify.
(b) To hold office as a Board member, a person:
(1) Must continue to reside in the same Board district or
districts from which elected;
(2) Must not hold any position of full-time employment
with the Atlanta school system; and
(3) Must not hold any other elective public office or hold
any position of full-time employment with the City of Atlanta,
Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that the City of 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 1982 Session of the General Assembly of Georgia, which convenes
on Monday, January 11, 1982, 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:
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.
GEORGIA LAWS 1982 SESSION
3609
This 28th day of December, 1981.
William M. (Bill) Alexander
Legislative Coordinator,
City of Atlanta
Tom Keating
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, Sidney J. Marcus who, on oath,
deposes and says that he/she is Representative from the 26th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: December
28,1981, January 4 and 11,1982.
/s/ Sidney J. Marcus
Representative,
26th District
Sworn to and subscribed before me,
this 2nd day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 24, 1982.
3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COBB COUNTY
ADDITIONAL JUDGE.
No. 869 (House Bill No. 1118).
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 13, 1978 (Ga. Laws 1978, p.
3253), so as to provide for an additional judge of the State Court of
Cobb County; to provide for the appointment of the initial judge; to
provide for the election, powers, duties, jurisdiction, privileges,
immunities and compensation of said additional judge; to authorize
the governing authority of Cobb County to provide facilities, office
space, supplies, equipment, and personnel for said judge; 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 State Court of Cobb County,
approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,
particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p.
3253), is hereby amended by adding a new paragraph at the end of
Section 3 of said Act to read as follows:
There shall be an additional judge of the State Court of Cobb
County. Such additional judge shall be elected in the manner pro-
vided by law for the election of judges of the state courts of this state
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
shall have been elected and qualified. Future successors shall be
elected at the general election conducted immediately prior to the
expiration of the term of office, and they shall take office on the first
day of January following their election and shall serve for a term of
office of four years and until their successors are duly elected and
qualified. Said additional judge shall have and may exercise all
powers, duties, jurisdictions, privileges and immunities of the present
judges of the State Court of Cobb County. Any of the judges of said
court may preside over any cause and perform any official act as judge
thereof. The compensation of the additional judge shall be the same
as that provided for other judges of the State Court of Cobb County.
GEORGIA LAWS 1982 SESSION
3611
Upon request of the additional judge, the governing authority of Cobb
County is hereby authorized to furnish the additional judge with
suitable courtroom space and facilities, office space, office equip-
ment, supplies, and such personnel as may be considered necessary by
the court to the proper function of the court. All of the expenditures
authorized herein are hereby declared to be an expense of court and
payable out of the county treasury as such.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice to Introduce Local Legislation.
Notice is hereby given that there will be 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, George W. Darden who, on oath,
3612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
Sworn to and subscribed before me,
this 18th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 25, 1982.
SUMTER COUNTY SHERIFFS SALARY.
No. 871 (House Bill No. 1453).
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. L. 1965, p.
2748), as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 3477), so as to change the salary of the sheriff; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
3613
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. L.
1965, p. 2748), as amended, particularly by an Act approved April 6,
1981 (Ga. L. 1981, p. 3477), is amended by striking Section 1 of said
Act in its entirety and inserting in lieu thereof a new Section 1 to read
as follows:
Section 1. The Sheriff of Sumter County shall be compensated
on a salary basis in lieu of a fee basis. He shall receive an annual
salary of $25,000.00, 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
repealed.
Notice of Intention to Introduce Local Legislation.
Pursuant to the adoption of the official budget of Sumter County
by the Board of Commissioners of Sumter County, notice is hereby
given that there will be introduced at the regular 1982 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.
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 8,15 and 22,1982.
/s/ George B. Hooks
Representative,
116th District
3614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 25, 1982.
SUMTER COUNTY TAX COMMISSIONERS
SALARY.
No. 872 (House Bill No. 1454).
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
of Sumter County, approved August 18,1925 (Ga. L. 1925, p. 744), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3480), so as to change the compensation of the tax commissioner; to
provide for the method of compensating the tax commissioner; 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 consolidating the offices of tax receiver and
tax collector of Sumter County into the one office of Tax Commis-
sioner of Sumter County, approved August 18, 1925 (Ga. L. 1925, p.
744), as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 3480), is amended by striking Section 10 of said Act in its
entirety and inserting in lieu thereof a new Section 10 to read as
follows:
GEORGIA LAWS 1982 SESSION
3615
Section 10. (a) Effective May 1, 1982, the annual salary of the
Tax Commissioner of Sumter County shall be $23,400.00 per annum.
The salary shall be payable in equal monthly installments out of the
general funds of Sumter County.
(b) All fees, commissions, costs, fines, emoluments, and perqui-
sites of whatever kind and from whatever source received, collected,
and held in trust by the tax commissioner shall be received, collected,
and held in trust as public funds belonging to Sumter County. On or
before the fifteenth day of each month, the tax commissioner shall
turn over to the fiscal authority of said county all funds belonging to
the county which have been received and collected by him in the
preceding month with a detailed statement showing the sources from
which such funds were received and collected.
Section 2. This Act shall become effective on May 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Pursuant to the adoption of the official budget of Sumter County
by the Board of Commissioners of Sumter County, notice is hereby
given that there will be introduced at the regular 1982 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.
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 8,15, 22,1982.
3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ George B. Hooks
Representative,
116th District
Sworn to and subscribed before me,
this 8th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 25, 1982.
DAWSON COUNTY COMPENSATION OF DEPUTY
CLERK OF SUPERIOR COURT AND CLERK OF
PROBATE COURT.
No. 873 (House Bill No. 1596).
AN ACT
To amend an Act placing the Clerk of the Superior Court and the
Judge of the Probate Court of Dawson County on an annual salary,
approved February 27,1969 (Ga. L. 1969, p. 2110), as amended, so as
to change the method of determining the annual salary of the deputy
clerk of the superior court and the clerk of the probate court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of the Superior Court and
the Judge of the Probate Court of Dawson County on an annual
salary, approved February 27, 1969 (Ga. L. 1969, p. 2110), as
GEORGIA LAWS 1982 SESSION
3617
amended, is amended by striking the last sentence of Section 2A of
said Act, which reads as follows:
The deputy clerk of the superior court shall receive, as compen-
sation for his services, a salary to be fixed in the discretion of the clerk
of the superior court in an amount not to exceed $4,800.00 per annum,
payable in equal monthly installments out of the funds of Dawson
County.,
and inserting in lieu thereof the following:
The deputy clerk of the superior court shall receive as compensa-
tion for his services an annual salary of not less than $4,800.00. The
exact amount of the salary shall be set by the governing authority of
Dawson County and shall be payable in equal monthly installments
out of the funds of Dawson County.
Section 2. Said Act is further amended by striking the last
sentence of Section 3A of said Act, which reads as follows:
The clerk shall receive an annual salary of $4,800.00 payable in
equal monthly installments from the funds of Dawson County.,
and inserting in lieu thereof the following:
The clerk of the probate court shall receive as compensation for
his services an annual salary of not less than $4,800.00. The exact
amount of the salary shall be set by the governing authority of
Dawson County and shall be payable in equal monthly installments
out of the funds of Dawson 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to change the
3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
compensation of the Deputy Clerk of the Superior Court and the
Clerk of the Probate Court of Dawson County, Georgia.
this the 20th day of January, 1982.
W. G. (Bill) Hasty Sr.
Representative,
8th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Hasty 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: Jan. 27,
1982 & Feb. 3 and 10,1982.
/s/ Bill Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 25, 1982.
GEORGIA LAWS 1982 SESSION
3619
LOWNDES COUNTY JURISDICTION OF
SMALL CLAIMS COURT.
No. 874 (House Bill No. 1612).
AN ACT
To amend an Act creating a Small Claims Court for Lowndes
County, approved April 18,1967 (Ga. L. 1967, p. 3197), as amended by
an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), and an Act
approved April 11, 1979 (Ga. L. 1979, p. 4094), so as to change the
jurisdiction 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 Lowndes
County, approved April 18,1967 (Ga. L. 1967, p. 3197), as amended by
an Act approved February 18,1977 (Ga. L. 1977, p. 2736), and an Act
approved April 11,1979 (Ga. L. 1979, p. 4094), is amended by striking
Section 1 in its entirety and inserting in lieu thereof a new Section 1 to
read as follows:
Section 1. There is created and established in Lowndes County a
court known as a small claims court, which court shall have civil
jurisdiction in cases at law in which the demand or value of the
property involved does not exceed $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, also all the powers
granted to justices of the peace by the laws of the State of Georgia.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Georgia Lowndes County
Notice is hereby given that there will be introduced at the 1982
Session of the General Assembly of Georgia local legislation to
increase the jurisdiction of the Small Claims Court of Lowndes
County.
This 19th day of January, 1982.
Lowndes County
Acting by and through
its Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, 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 Valdosta Daily Times
which is the official organ of Lowndes County, on the following dates:
Jan. 22, 29,1982 & Feb. 5,1982.
k!
Robert L. Patten
Representative,
149th District
GEORGIA LAWS 1982 SESSION
3621
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 25, 1982.
STATE COURT OF COBB COUNTY MAGISTRATES.
No. 875 (House Bill No. 1802).
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. L. 1974, p. 2212), as
amended, particularly by an Act approved March 17, 1978 (Ga. L.
1978, p. 4096) and an Act approved March 25, 1980 (Ga. L. 1980, p.
3894), so as to provide for the election of the magistrates; to provide
for a presiding magistrate; to eliminate the position of magistrate pro
hac vice; to create the position of senior magistrate; to provide for the
qualifications, duties, and compensation of the senior magistrate; to
provide for 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 entitled An Act to amend an Act creating the
State Court of Cobb County (formerly the Civil and Criminal Court of
3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. L. 1974, p. 2212), as
amended, particularly by an Act approved March 17, 1978 (Ga. L.
1978, p. 4096) and an Act approved March 25, 1980 (Ga. L. 1980, p.
3894), is 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 magistrates shall be elected by the electors
of Cobb County. Each magistrate shall receive an annual salary of
$26,300.00 to be paid in equal monthly installments from the funds of
Cobb County. The magistrates shall not engage in the practice of law.
(b) The two magistrates in office and serving on the effective
date of this Act shall continue to serve until December 31,1982. For
the purpose of electing two new magistrates to succeed said magis-
trates, there shall be two posts designated Posts 1 and 2. A candidate
offering for the office of magistrate shall designate the post for which
he is offering as a candidate. The candidate who receives a majority of
the votes cast for a post shall be the magistrate elected to that post.
The two magistrates shall be elected at the general election to be held
in November, 1982, and shall take office on January 1,1983, for terms
of four years each and until their respective successors are elected and
qualified. Successors to the office of magistrate shall thereafter be
elected at the general election immediately preceding the expiration
of the terms of office and persons elected in those elections shall take
office on the first day of January immediately following their election
for a term of office of four years each and until their respective
successors are elected and qualified.
(c) The magistrate who is senior in point of continuous service
shall be the presiding magistrate. In the event there is no magistrate
senior in point of continuous service, then the magistrate who was
first admitted to the State Bar of Georgia shall be the presiding
magistrate.
(d) The magistrates shall have the authority to declare and
establish their terms of court and to establish and declare the times
and places for the holding of court and the trial of cases therein.
Provided, however, the magistrates shall hold court at least once
weekly after 6:00 P.M. for the hearing, trial, and disposition of
violations of traffic laws against the State of Georgia.
GEORGIA LAWS 1982 SESSION
3623
(e) The two magistrates, in performing their duties and respon-
sibilities, shall share, divide, and allocate the work and duties to be
performed by each of them. In the event of disagreement among the
magistrates in respect to the aforesaid, the decision of the presiding
magistrate will govern.
(f) All personnel decisions relative to the office of magistrate
shall be made by a majority of the magistrates and the judges of the
State Court of Cobb County, subject to the approval of the governing
authority of Cobb County.
Section 2. Said Act is further amended by striking Section 6A,
which reads as follows:
Section 6A. Magistrate pro hac vice. The magistrates may
appoint some qualified person as a magistrate pro hac vice to dis-
charge the duties of the magistrates temporarily when the services of
a magistrate pro hac vice are required or when the magistrates are
unable or disqualified to discharge the duties of their office. In the
event the magistrates disagree as to the selection of a magistrate pro
hac vice or any other matter respecting the magistrate pro hac vice,
the magistrate senior in service shall make the decision unless he is
the one unable or disqualified, in which case the remaining magistrate
shall make the selection. When the appointment of such a person as
magistrate pro hac vice, together with his oath, which shall be the
same as is required of the magistrate, has been recorded in the office
of the judge of the probate court of the county, such magistrate pro
hac vice may exercise all the powers of the magistrate. His appoint-
ment may be vacated at any time by order of the magistrates to be
likewise recorded, and any other competent person who is a resident
of Cobb County may be appointed as magistrate pro hac vice as herein
provided. The compensation of such magistrate pro hac vice shall be
set by the magistrates and shall be paid from county funds.,
in its entirety and inserting in lieu thereof a new Section 6A to read as
follows:
Section 6A. There is created and established for the State
Court of Cobb County the position of senior magistrate. Each
magistrate of the State Court of Cobb County who may hereafter
retire from that position, who is at least 65 years of age, and who has
served as a magistrate of the State Court of Cobb County for at least
seven years immediately preceding his retirement shall automatically
3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be designated a senior magistrate for said court; provided, however,
no person shall serve as a senior magistrate for more than three years.
(b) The senior magistrate shall take the same oath as is required
of the magistrates and the same shall be recorded in the office of the
judge of the probate court of Cobb County.
(c) The senior magistrate shall aid the magistrates in the perfor-
mance of their duties and shall preside over proceedings in the place
of any of the magistrates when requested by the presiding magistrate.
The senior magistrate shall also have such other duties as may be
assigned to him by the presiding magistrate.
(d) The senior magistrate shall receive an annual salary of
$7,200.00, payable in equal monthly installments from the funds of
Cobb County.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 31st day of December 1981.
GEORGIA LAWS 1982 SESSION
3625
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: Jan. 15,22 & 29,
1982.
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 25, 1982.
3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SALARIES OF PROBATE JUDGES IN CERTAIN
COUNTIES (550,000 OR MORE).
No. 877 (House Bill No. 1589).
AN ACT
To provide for a minimum compensation of judges of the probate
court in certain counties having a population of 550,000 or more
according to the United States decennial census of 1980 or any future
such census; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In all counties of this state having a population of
550,000 or more according to the United States decennial census of
1980 or any future such census, the judge of the probate court of such
county shall be compensated in an amount which shall be at least
equal to the amount paid to the highest paid judge of the state court
of such county. Such compensation shall be payable from the county
treasury 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
repealed.
Approved March 26,1982.
GEORGIA LAWS 1982 SESSION
3627
TWIGGS COUNTY ELECTION OF MEMBERS OF
BOARD OF EDUCATION, REFERENDUM.
No. 878 (House Bill No. 1609).
AN ACT
To provide for the election of the members of the Board of
Education of Twiggs County; to provide for other matters relative to
the foregoing; to provide for a referendum; to provide for submission
of this Act to the United States Justice Department and for condi-
tions 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. The Board of Education of Twiggs County shall be
composed of a chairman and four additional members. The chairman
shall be elected from the Twiggs County school district at large and
the other four members shall be elected from districts as hereinafter
provided.
Section 2. (a) For the purpose of electing the four district
members of said board of education, the Twiggs County school
district shall be divided into four education districts as follows:
Education District No. 1
Twiggs
Tract 601
Block 117 through 171 and
215 through 227
Tract 602
Block 105
That portion of Block 106 North of
County Road 116 extended to
Interstate 16
Blocks 107 and 309
3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 2
Twiggs
Tract 602
Blocks 101 through 104
That portion of Block 106 South
of County Road 116 extended to
Interstate 16
Blocks 108 through 113 and 115
through 141
Block Group 2
Blocks 311 through 319, 409 through
424, and 532
Education District No. 3
Twiggs
Tract 601
Blocks 201, 205 through 214, 340,
342, and 343
Tract 602
Blocks 301 through 308, 310, 320,
401 through 408, and 501
through 531
Education District No. 4
Twiggs
Tract 601
Blocks 101 through 116, 202 through
204, 301 through 323, 325 through
330, 332, 334 through 339, 341, 398,
and 399
Block Group 4
(b) As used in subsection (a) of this section, the terms Tract,
Block Group, and Block shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia, County of Twiggs. Any part of the Twiggs County
school district which is not included in an education district described
in subsection (a) of this section shall be included within that district
contiguous to such part which contains the least population according
to the 1980 decennial census.
GEORGIA LAWS 1982 SESSION
3629
(c) Each district member of the board of education shall be a
resident of the respective education district during the members
term of office, and a candidate for membership on said board shall
have been a resident of the education district for which the candidate
offers for election at least one year prior to the date of election. Each
person offering for election as a district member of said board shall
specify the education district for which the person is offering. Each
district member of the board shall be elected by a majority vote of the
qualified voters voting within each respective education district. The
chairman of the board may reside anywhere within the Twiggs
County school district and shall be elected by a majority of the
qualified voters voting at large within the Twiggs County school
district. Except for the special election to elect the first members of
the board of education as provided in subsection (a) of Section 3 of
this Act, all members of said board shall be nominated and elected in
accordance with the provisions of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated known as the Georgia Election Code.
(Code Title 34 of the Code of Georgia of 1933 until November 1,
1982).
Section 3. (a) The first members of the board of education
provided for in this Act shall be elected at a special election which
shall be held on the same date as the general election of 1982. Such
special election shall be held and conducted in accordance with the
applicable provisions of Chapter 2 of Title 21 of the Official Code of
Georgia Annotated known as the Georgia Election Code (Code
Title 34 of the Code of Georgia of 1933 until November 1,1982).
(b) At the special election provided for in subsection (a) of this
section, the chairman and the members from education districts 1 and
3 shall be elected for terms of four years, and the members from
education districts 2 and 4 shall be elected for initial terms of two
years. All members shall take office on January 1,1983. Thereafter,
successors shall be elected at the general election immediately pre-
ceding the expiration of the respective terms of office and shall take
office on the first day of January immediately following the election
for terms of four years. All members shall serve until their successors
are elected and qualified.
Section 4. The chairman of the board of education shall be
compensated in the amount of $4,200.00 per annum, and each of the
other members of the board shall be compensated in the amount of
$2,400.00 per annum. The chairman and other members shall be paid
3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in equal monthly installments from the funds of the board of educa-
tion.
Section 5. A vacancy which occurs in the district membership
of the board by death, resignation, removal from the education
district or for any other reason shall be filled by the remaining
members of the board electing a successor to serve until a successor is
elected at the next general election to serve for the unexpired term or
for a full term, as the case may be. If a vacancy occurs for any reason
in the office of chairman, the remaining members of the board shall
elect one of their number to serve until a successor is elected at the
next general election. The vacancy thus created in a district member
of the board shall be filled in the same manner as vacancies are filled
in the office of other district members. Any person elected by the
board or at the general election to fill a vacancy among the district
membership of the board shall be a resident of the education district
in which the vacancy occurred.
Section 6. The Board of Education of Twiggs County provided
for by this Act shall be subject to all constitutional and statutory
provisions of this state relative to county boards of education and the
members thereof, except as otherwise provided by this Act. The
heretofore existing Board of Education of Twiggs County shall stand
abolished on December 31,1982.
Section 7. After the approval of this Act by the Governor, or
after it otherwise becomes law, it shall be the duty of the election
superintendent of Twiggs County to issue the call for an election for
the purpose of submitting this Act to the electors of the Twiggs
County school district for approval or rejection. The superintendent
shall set the date of such election for the same date as the general
primary election of 1982. The superintendent shall issue the call for
said election at least 29 but not more than 45 days prior to the date
thereof. The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Twiggs County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act providing for the
( ) NO election of the members of the
Board of Education of Twiggs
County be approved?
GEORGIA LAWS 1982 SESSION
3631
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 Twiggs County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Section 9. It shall be the duty of the Board of Education of
Twiggs County in office on the date this Act is approved by the
Governor or on the date it otherwise becomes law to order the school
board attorney to submit this Act to the United States Justice
Department for review pursuant to the federal Voting Rights Act of
1965, as amended, 42 U.S.C. Section 1973c. Such submission shall
be made within 20 days after the date this Act is approved by the
Governor or it otherwise becomes law. If this Act is disapproved by
the United States Justice Department on or before June 15,1982, the
referendum provided for in Section 7 of this Act shall not be held, and
this Act shall be null, void, and of no force and effect.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill relative to the
Twiggs County School District and the Board of Education of Twiggs
County; and for other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 27,1982 & Feb. 3 and 10,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 26, 1982.
TWIGGS COUNTY ELECTION OF BOARD OF
COMMISSIONERS, ETC.
No. 879 (House Bill No. 1610).
AN ACT
To amend an Act creating a Board of Commissioners of Twiggs
County, approved July 27,1923 (Ga. L. 1923, p. 324), as amended, so
GEORGIA LAWS 1982 SESSION
3633
as to change the provisions relating to the election of the members of
the board; to provide for the election of the chairman; to change the
provisions relating to compensation and expenses of the members of
the board; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal a specific Act; to repeal conflicting
laws; to provide for the submission of this Act to the United States
Justice Department; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners of Twiggs
County, approved July 27,1923 (Ga. L. 1923, p. 324), as amended, is
amended by striking Sections 1 through 6 in their entirety and
substituting in lieu thereof new Sections 1 through 6 to read as
follows:
Section 1. The governing authority of Twiggs County shall be a
board of commissioners consisting of a chairman and four additional
members who shall be elected as hereinafter provided in this Act.
Section 2. (a) The chairman of the board of commissioners
may reside anywhere within Twiggs County and shall be elected by a
majority of the qualified electors of Twiggs County voting at the
elections hereinafter provided for in this Act. Any person offering as
a candidate for chairman shall have been a resident of Twiggs County
for two years immediately preceding the date of election and shall
remain a resident of said county during the term of office. The
chairman and all other members shall be at least 21 years of age as of
the date of taking office. For the purpose of electing the other four
members of the board, Twiggs County shall be divided into four
commissioner districts as follows:
Commissioner District No. 1
Twiggs
Tract 601
Block 117 through 171 and
215 through 227
Tract 602
Block 105
That portion of Block 106 North of
County Road 116 extended to
Interstate 16
Blocks 107 and 309
3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 2
Twiggs
Tract 602
Blocks 101 through 104
That portion of Block 106 South
of County Road 116 extended to
Interstate 16
Blocks 108 through 113 and 115
through 141
Block Group 2
Blocks 311 through 319, 409 through
424, and 532
Commissioner District No. 3
Twiggs
Tract 601
Blocks 201, 205 through 214, 340,
342, and 343
Tract 602
Blocks 301 through 308, 310, 320,
401 through 408, and 501
through 531
Commissioner District No. 4
Twiggs
Tract 601
Blocks 101 through 116, 202 through
204, 301 through 323, 325 through
330, 332, 334 through 339, 341, 398,
and 399
Block Group 4
(b) For the purposes of subsection (a) of this section, the terms
Tract, Block Group, and Block shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia, County of Twiggs. Any part of Twiggs County
which is not included in any commissioner district described in
subsection (a) of this section shall be included within that district
contiguous to such part which contains the least population according
to the United States decennial census of 1980.
GEORGIA LAWS 1982 SESSION
3635
Section 3. A candidate for commissioner other than the chairman,
hereinafter referred to as district commissioner, shall have been a
resident of the commissioner district for which the candidate is
offering for at least one year and of Twiggs County for at least two
years prior to the election. A district commissioner shall remain a
resident of the respective commissioner district during the term for
which elected. Each district commissioner shall be elected by a
majority of the qualified electors voting within each respective com-
missioner district. A candidate for district commissioner shall specify
the commissioner district for which the candidate is offering. The
chairman and all other members of the board shall be nominated and
elected pursuant to Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, known as the Georgia Election Code.
Section 4. The first members of the board of commissioners
provided for by this Act shall be elected at the general election of 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,
their successors shall be elected at the general election immediately
preceding the expiration of the terms of office and shall take office on
the first day of January immediately following their election for terms
of four years and until their successors are elected and qualified.
Section 5. The chairman of the board of commissioners shall
preside at meetings of the board and sign all orders and processes of
the board. The chairman shall have such other powers and duties as
may be delegated to said officer by the board. The chairman shall be
a full-voting member of the board.
Section 6. A vacancy which occurs in the district membership of
the board of commissioners by death, resignation, removal from the
commissioner district or for any other reason shall be filled by the
remaining members of the board electing a successor to serve until a
successor is elected at the next general election to serve for the
unexpired term or for a full term, as the case may be. If a vacancy
occurs for any reason in the office of chairman, the remaining
members of the board shall elect one of their number to serve as
chairman until a successor is elected at the next general election. The
vacancy thus created in the office of a district commissioner shall be
filled in the same manner as vacancies are filled in the office of other
district commissioners. A person elected by the board or at the
general election to fill a vacancy among the district membership of
the board shall be a resident of the commissioner district wherein the
vacancy occurred.
3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Sections 8
and 9 in their entirety and substituting in lieu thereof new Sections 8
and 9 to read as follows:
Section 8. (a) The chairman of the board of commissioners
shall receive an annual salary of $6,000.00 payable in equal monthly
installments from the funds of Twiggs County.
(b) Each member of the board other than the chairman shall
receive an annual salary of $4,200.00 payable in equal monthly
installments from the funds of Twiggs County.
Section 9. In addition to compensation provided for in Section 8
of this Act, the chairman and other members of the board shall be
reimbursed for actual and necessary expenses incurred by them in
carrying out their official duties outside the county, including atten-
dance at seminars or other training meetings for county officials, but
attendance at any such seminar or meeting must be approved by a
majority of the board prior to such attendance. When using their
personal automobiles in traveling on official business outside the
county, the chairman and all other members shall be reimbursed for
travel expenses at the rate of 20<t per mile. All expenses provided for
herein shall be paid from the funds of Twiggs County.
Section 3. The provisions of this Act relating to and necessary
for the election of the chairman and other members of the board of
commissioners of Twiggs County at the 1984 general election shall be
effective on and after January 1, 1984. This Act shall be effective for
all purposes on or after January 1,1985.
Section 4. An Act entitled An Act to provide that the members
of the Board of Commissioners of Twiggs County shall reside within
specified militia districts, but that each said member shall be elected
by the qualified voters of Twiggs County; to repeal conflicting laws;
and for other purposes., approved April 10, 1971 (Ga. L. 1971, p.
3564), is repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Section 6. It shall be the duty of the Board of Commissioners of
Twiggs County in office on the date this Act is approved by the
Governor or on the date this Act otherwise becomes law to order the
GEORGIA LAWS 1982 SESSION
3637
county attorney of Twiggs County to submit this Act to the United
States Justice Department for review pursuant to Section 5 of the
federal Voting Rights Act of 1965, as amended, 42 U.S.C., Section
1973c. Such submission to the Justice Department shall be made
within 20 days after the date this Act is approved by the Governor or
it otherwise becomes law.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a Board of Commissioners of Twiggs County, approved July
27,1923 (Ga. L. 1923, P. 324), as amended; and for other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 27,1982 & Feb. 3 and 10,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 26, 1982.
HENRY COUNTY ELECTION DISTRICTS, ETC.
No. 880 (House Bill No. 1680).
AN ACT
To amend an Act providing a new board of commissioners of
Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as
amended, particularly by an Act approved March 31, 1976 (Ga. L.
1976, p. 3615), so as to change the description of the commissioner
districts; to clarify that elections and terms under the newly described
districts shall remain the same as under these districts as formerly
described; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new board of commissioners of
Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as
amended, particularly by an Act approved March 31, 1976 (Ga. L.
1976, p. 3615), is amended by striking Section 2 thereof and inserting
in its place new Sections 2 and 2A to read as follows:
Section 2. The board of commissioners of Henry County shall be
composed of five members. The members of the board shall be
elected by the electors of Henry County as hereinafter provided. For
GEORGIA LAWS 1982 SESSION
3639
the purpose of electing the members of the board, Henry County shall
be divided into five commissioner districts as follows:
Commissioner District No. 1 shall consist of the following
described area of Henry County:
BEGINNING at the northwest corner of Land Lot 150 of the 2nd
District, which point is also on the Henry County/Spalding County
line;
Thence North along the West side of Land Lots 171,182, 203, 214,
and 235;
Thence Northwest along Bethlehem Bottoms Creek to where it
intersects with the North side of Land Lot 245 of the 2nd District;
Thence East along the South line of Land Lot 252 and the South
side of Land Lot 251 of the 7th District to where it intersects with
Interstate Highway No. 75;
Running thence Northwest along Interstate Highway No. 75 to
the intersection of State Highway 20 and State Highway 81;
Thence Northeast along said Highways 20 and 81 to the inter-
section of Camp Creek continuing in a northeasterly direction along
Camp Creek to the intersection of Jonesboro Road;
Running thence Southeast along Jonesboro Road to the inter-
section of Jonesboro Road and the Southern Railway tracks;
Continuing in a Southerly direction along the Southern Railway
tracks to the intersection of State Highway 20 and 81;
Thence Northeasterly along State Route 20 and 81 a distance of
185 feet;
Thence Southeast parallel and concentric to the centerline of
Southern Railway and intersection of the south Land Lot Line of
Land Lot 133 of the 7th District;
Thence East along the south line of Land Lots 133,134,135, and
136 of the 7th District to a point where the south line of Land Lot 136
intersects with State Highway 81;
3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Running thence East along State Highway 81 to the intersection
of State Highway 81 and Mt. Bethel Road;
Thence in a southeasterly direction along Mt. Bethel Road to the
intersection of Sandy Ridge Road;
Thence South along Sandy Ridge Road to the intersection of Keys
Ferry Road;
Thence East along Keys Ferry Road to the Newton County line;
Running thence South, Southwest, West, Northwest and North
along the county lines dividing Henry County from Newton County,
Butts County, and Spalding County, to the point of beginning.
Commissioner District No. 2 shall consist of the following
described area of Henry County:
BEGINNING at the northwest corner of Land Lot 150 of the 2nd
District, which point is also on the Henry County/Spalding County
line;
Thence North along the West side of Land Lots 171,182, 203,214,
and 235;
Thence Northwest along Bethlehem Bottoms Creek to where it
intersects with the North side of Land Lot 245 of the 2nd District;
Thence East along the South line of Land Lot 252 and the South
side of Land Lot 251 of said district to where it intersects with
Interstate Highway No. 75;
Running thence Northwest along Interstate Highway No. 75 to
the intersection of State Highway 20 and State Highway 81;
Thence Northeast along said Highways 20 and 81 to the inter-
section of Camp Creek, continuing in a northeasterly direction along
Camp Creek to where the same intersects with the Southern Railway
tracks;
Continuing in a northwesterly direction along the tracks of South-
ern Railway to the intersection of Pates Creek;
GEORGIA LAWS 1982 SESSION
3641
Running thence Southwest along Pates Creek to the intersection
of Interstate Highway No. 75;
Thence Northwest along Interstate Highway No. 1-75 to the
intersection of Flippen Road;
Thence South along Flippen Road to Rum Creek;
Thence West along Rum Creek to Lake Spivey and the Clayton
County line;
Running thence South and West along the line dividing the west
side of Henry County and the east side of Clayton County to the
common intersection of Henry County, Georgia, Clayton County,
Georgia, and Spalding County, Georgia;
Thence along the line dividing the south side of Henry County and
the north side of Spalding County in a east and south direction to the
point of beginning.
Commissioner District No. 3 shall consist of the following
described area of Henry County:
BEGINNING at the intersection of Jonesboro Road and Camp
Creek and running thence northeast along Camp Creek to the inter-
section of the Southern Railway tracks;
Thence North along the Southern Railway tracks to the inter-
section of said tracks and Pates Creek;
Thence northeast along Pates Creek to the intersection of U. S.
Highway 23 and State Highway 42;
Thence Northwesterly along State Route 42 to the intersection
with Highland Drive;
Thence Northerly along Highland Drive to the intersection with
Wake Drive;
Thence Easterly along Wake Drive to the intersection of Caroline
Avenue;
3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thence Northerly along Caroline Avenue to the intersection of
Acacia Drive;
Thence West along Acacia Drive to the intersection of Highland
Place;
Thence South along Highland Place to the intersection of High-
land Boulevard;
Thence West along Highland Boulevard to the intersection of
Highland Circle;
Thence North and West along Highland Circle to the intersection
of Forest Road;
Thence North along Forest Road to the intersection of Miller Mill
Road;
Thence West along Millers Mill Road to the intersection of State
Route 138;
Running thence Northeast along Highway 138 to the intersection
of Hemphill Road;
Thence Northeast along Hemphill Road to the intersection of
State Highway 155;
Thence North along State Highway 155 to the intersection of
State Highway 138;
Thence Northeast along State Highway 138 to the Rockdale
County Line;
Running thence Southeast and South along the line dividing the
east side of Henry County and the west side of Rockdale County to
the Newton County line;
Thence Southeast, East and Southwest along the line dividing the
east side of Henry County and the west side of Newton County to the
common corner of Henry, Newton and Butts County lines;
Thence South, Southwesterly along the line dividing the southeast
side of Henry County and the northwest side of Butts County to the
intersection of said line and Keys Ferry Road;
GEORGIA LAWS 1982 SESSION
3643
Thence West along Keys Ferry Road to the intersection of Sandy
Ridge Road;
Thence North along Sandy Ridge Road to the intersection of Mt.
Bethel Road;
Thence Northwesterly along Mt. Bethel Road to the intersection
of State Route 81;
Thence West along State Highway 81 to the intersection of said
highway and the North line of Land Lot 153 of the 7th District;
Thence West along the North line of Land Lots 153,154,155, and
156 of said 7th District; to a point of intersection of a concentric line
of 185 feet northeasterly from centerline of Southern Railway;
Thence Northwesterly along the 185 foot concentric and parallel
line of the railroad to the centerline of State Route 20 and 81;
Thence Southwesterly along State Route 81 and 20 to the inter-
section of Southern Railway;
Thence Northerly along Southern Railway to centerline of
Jonesboro Road;
Thence Northwesterly along Jonesboro Road to the intersection
of Camp Creek and point of beginning.
Commissioner District No. 4 shall consist of the following
described area of Henry County:
BEGINNING at the northwest corner of Land Lot 255 of the 12th
District of Henry County, Georgia, the same being on the DeKalb
County line;
Thence South along the West side of Land Lots 255,226,223,194,
191,162,159, and 130 of the 12th District of Henry County;
Thence West along the South line of Land Lots 131 and 132 of said
District to the intersection of East Atlanta Road;
Thence South and Southeast along East Atlanta Road to the City
Limits of Stockbridge, Georgia;
3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Running thence along the City Limits around the City of Stock-
bridge, Georgia, to the intersection of Rock Quarry Road;
Thence South along Rock Quarry Road to the intersection of
Hudson Bridge Road;
Thence West along Hudson Bridge Road to the intersection of
Interstate Highway No. 1-75;
Thence Northwest along Interstate Highway No. 1-75 to the
intersection of Flippen Road;
Thence South along Flippen Road to Rum Creek;
Thence West along Rum Creek to Lake Spivey and the Clayton
County line;
Running thence North along the line dividing the West side of
Henry County and the East side of Clayton County to the DeKalb
County line;
Thence East along the line dividing the North side of Henry
County and the South side of DeKalb County to the northwest corner
of Land Lot 255 of the 12th district of Henry County and the point of
beginning.
Commissioner District No. 5 shall consist of the following
described area of Henry County:
BEGINNING at the intersection of Interstate Highway No. 75
and Pates Creek;
Thence Northeasterly along Pates Creek to the intersection of
U. S. Highway 23 and Georgia Highway 42;
Thence Northwesterly along State Route 42 to the intersection
with Highland Drive;
Thence Northerly along Highland Drive to the intersection with
Wake Drive;
Thence Easterly along Wake Drive to the intersection of Caroline
Avenue;
GEORGIA LAWS 1982 SESSION
3645
Thence Northerly along Caroline Avenue to the intersection of
Acacia Drive;
Thence West along Acacia Drive to the intersection of Highland
Place;
Thence South along Highland Place to the intersection of High-
land Boulevard;
Thence West along Highland Boulevard to the intersection of
Highland Circle;
Thence North and West along Highland Circle to the intersection
of Forest road;
Thence North along Forest Road to the intersection of Millers
Mill Road;
Thence West along Millers Mill Road to the intersection of State
Route 138;
Running thence Northeast along Highway 138 to the intersection
of Hemphill Road;
Thence Northeast along Hemphill Road to the intersection of
State Highway 155;
Thence North along State Highway 155 to the intersection of
State Highway 138;
Thence Northeast along State Highway 138 to the Rockdale
County Line;
Thence Northwest along the line dividing the East side of Henry
County and the West side of Rockdale County to the DeKalb County
line;
Thence West along the line dividing the North side of Henry
County and the South side of DeKalb County to the northwest corner
of Land Lot 255 of the 12th District of Henry County, Georgia;
Thence South along the West side of Land Lots 255, 226, 223,194,
191,162,159, and 130 of the 12th District of Henry County;
3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thence West along the South line of Land Lots 131 and 132 of said
District to the intersection of East Atlanta Road;
Thence South and Southeast along East Atlanta Road to the City
Limits of Stockbridge, Georgia;
Thence South, Southeast and Southwest around the East side of
the City Limits of Stockbridge, Georgia, to the intersection of Rock
Quarry Road;
Thence South along Rock Quarry Road to the intersection of
Hudson Bridge Road;
Thence Southwest along Hudson Bridge Road to the intersection
of Interstate Highway No. 75;
Thence Southeast along Interstate Highway No. 75 to the inter-
section of Pates Creek and the point of beginning.
Section 2A. Notwithstanding those changes in descriptions of
commissioner districts which become effective under Section 2 of this
Act at the same time this section becomes effective, the elections and
terms of the initial and subsequent members of the Board of Commis-
sioners of Henry County under said Section 2 shall not be changed
but shall remain as follows:
(a) Effective January 1, 1983, the commissioners representing
commissioner districts 1, 2, and 3 under Section 2 shall be the former
commissioners representing commissioner districts 1, 2, and 3 who
were elected at the general election of 1980 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 terms shall
expire at the end of December 31, 1984, and upon the election and
qualification of their successors. Their successors 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 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.
GEORGIA LAWS 1982 SESSION
3647
(b) The commissioners representing commissioner districts 4
and 5 shall be elected at the general election of 1982 and shall take
office on January 1, 1983, 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 succes-
sors are elected and qualified.
Section 2. Except for the provisions of this Act relating to and
necessary for the election of members to the board of commissioners
of Henry County at the 1982 general election, this Act shall become
effective January 1, 1983. The provisions of this Act relating to and
necessary for the election of members to the board of commissioners
of Henry County at the general election of 1982 shall become effective
upon the approval of this Act by the Governor or upon its otherwise
becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing for a new board of commissioners of Henry County,
approved March 28,1974 (Ga. L. 1974, p. 3680), as amended, particu-
larly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4186); and
for other purposes.
This 5 day of January, 1982.
Phillip T. Keen
County Attorney
3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 13, 20 and 27,
1982.
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 18th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 26, 1982.
CITY OF MOUNTAIN PARK NEW CHARTER.
No. 882 (House Bill No. 1480).
AN ACT
To reincorporate the City of Mountain Park in the Counties of
Fulton and Cherokee; to create a new charter for said city; to provide
its corporate limits; to provide for the government of said city; to
GEORGIA LAWS 1982 SESSION
3649
provide for the officials thereof; to provide for their powers and
duties; to provide for their terms of office; to provide for the organiza-
tion and administration of said city; to provide for finance and fiscal
matters; to provide for election and removal of officers; to provide for
a mayors court; to provide for miscellaneous provisions; to provide
for other matters relative to the foregoing; to provide for severability;
to provide an effective date; to repeal specific laws; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
INCORPORATION AND POWERS
Section 1.10. Incorporation. The City of Mountain Park in the
Counties of Fulton and Cherokee, and the inhabitants thereof shall
continue to be a body politic and corporate under the name and style
of the City of Mountain Park, hereinafter referred to at times as the
city, and by that name shall have perpetual succession; may sue and
be sued, and plead and be impleaded in all courts of law and equity,
and in all actions whatsoever; 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 and use a common seal and
change it at pleasure.
Sectionl.il. Corporate Limits. The corporate limits of the City
of Mountain Park shall embrace the following tracts or parcels of land
in Fulton and Cherokee counties:
(1) Fulton County: Land Lot 1153 of the Second District,
Second Section of formerly Milton, now Fulton County and Land
Lots 1222,1223,1224,1225,1226, and 1227 of the Second District,
Second Section of originally Cherokee, then Milton and now
Fulton County; and
(2) Cherokee County: That tract of land lying and being in
Land Lots 1117 and 1188 of the Fifteenth District, Second Section
of Cherokee County, to wit:
Beginning at the northeast corner of Land Lot 1188 of
the 15th District and Second Section of Cherokee County,
3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia (the said beginning point being on the county line
which runs in a northerly and southerly direction between
Cherokee and Fulton Counties), and proceeding thence west-
wardly along the north line of said Land Lot 1188 a distance
of five hundred and thirty-three (533) feet to a stake located
on the westerly side of a creek known as Mountain Park, Cane
or Rocky Creek; thence north 31 degrees 31 minutes west in a
straight line a distance of one hundred and ninety-six (196)
feet to a 1/2 inch iron pin; thence north 74 degrees 22 minutes
east in a straight line a distance of six hundred and forty-two
(642) feet to an iron pin located on the county line between
Cherokee County and Fulton County; thence south 2 degrees
56 minutes east in a straight line a distance of three hundred
and forty (340) feet to the northeast corner of Land Lot 1188
of the 15th District and Second Section of Cherokee County
and the point of beginning; the same being approximately 3.4
acres of unimproved property as shown on survey of Lat
Ridgeway, dated November 24, 1949; together with all that
tract of land in said Land Lot 1188 of the 15th District and
Second Section of Cherokee County described as follows:
Beginning at the southeast corner of Land Lot 1117 of the
15th District and Second Section of Cherokee County,
Georgia, and proceeding thence westwardly along the south
side of said Land Lot 1117 in a straight line a distance of seven
hundred and fifty-one (751) feet to a point marked by a pine
tree and an iron pin; thence south 12 degrees 51 minutes west
in a straight line a distance of six hundred and Fifty feet to a
stake; thence south 68 degrees 27 minutes east in a straight
line a distance of two hundred and eighty-nine (289) feet to a
point marked by a white oak and an iron pin; thence north 54
degrees 38 minutes east to the water line of a lake; thence in a
southerly and easterly direction along the water line of said
lake a distance of approximately 600 to 700 feet to the county
line which runs in a northerly and southerly direction
between Cherokee and Fulton Counties; thence in a northerly
direction along the west side of Fulton County to the south-
east corner of Land Lot 1117 of the 15th District and Second
Section of Cherokee County and the point of beginning,
consisting of approximately 14.4 acres.
Section 1.12. Specific Powers. Consistent with the provisions of
the general laws of this state, the government of the City of Mountain
Park shall have power:
GEORGIA LAWS 1982 SESSION
3651
(1) To levy and to provide for the assessment, valuation,
reevaluation, and collection of taxes on all property subject to
taxation;
(2) To levy and to provide for the collection of license fees
and occupation taxes on privileges, persons, firms, corporations,
businesses, occupations, trades, and professions; to license and
regulate such privileges, persons, firms, corporations, businesses,
occupations, trades, and professions; and to provide for the
manner of payment 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;
(4) To appropriate and borrow money for the payment of
debts of the city and to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized
by this charter or the laws of the State of Georgia;
(5) To acquire, dispose of, and hold in trust or otherwise,
any real, personal, or mixed property, inside or outside the corpo-
rate 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 mayor and council, under
Georgia Code Title 36 (Title 22 of the Official Code of Georgia
Annotated on and after November 1,1982);
(8) To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including but not limited to a system of
waterworks, sewers and drains, sewage disposal, gas works, electric
light plants, transportation facilities, public airports, and any
other public utility; to fix the taxes, charges, rates, fares, fees,
assessments, regulations and penalties applicable thereto; to with-
3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
draw service for refusal or failure to pay such taxes, charges, rates,
fares, fees, and assessments; 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; to prescribe the rates, fares, regulations,
standards, and conditions of service applicable to the service to be
provided by the franchise grantee or contractor, insofar as not in
conflict with regulations of the Public Service Commission;
(10) To lay out, open, extend, widen, narrow, establish, or
change the grade of, abandon, or close, construct, pave, curb,
gutter, adorn with shade trees, otherwise improve, maintain,
repair, clean, prevent erosion of, and light streets, roads, alleys,
and walkways within the corporate limits of the city;
(11) To grant franchises and rights of way through 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 buildings, libraries, sewers, drains, sewerage treat-
ment, airports, hospitals, and charitable, recreational, conserva-
tion, sport, curative, corrective, detentional, penal and medical
institutions, agencies and facilities; and any other public improve-
ments, inside or outside the corporate limits of the city; and to
regulate the use thereof;
(13) To regulate the erection and construction of buildings
and all other structures; to adopt building, housing, plumbing, and
electrical codes and to regulate all housing, building, and building
trades; to license all building trades, and to license the construc-
tion and erection of buildings and all other structures;
(14) To provide for the prevention and punishment of vice,
obscenity, immorality, vagrancy, drunkenness, riots, disturbances,
lewd exhibitions, disorderly conduct, and breaches of the peace;
(15) To regulate or prohibit junk dealers; pawn shops; the
manufacture, sale, or transportation of intoxicating liquors; the
use and sale of firearms; and the use and sale of fireworks; and to
GEORGIA LAWS 1982 SESSION
3653
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;
(16) To regulate and control the conduct of peddlers, and
itinerant trades, theatrical performances, exhibitions, shows of
any kind whatever, by taxation or otherwise;
(17) To license, tax, regulate, or prohibit professional for-
tunetelling or palmistry;
(18) To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs,
fences, buildings, and any and all other structures or obstructions
upon or adjacent to the rights of way of streets and roads within
the corporate limits of the city and to prescribe penalties and
punishment for violation of such ordinances;
(19) To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(20) To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of lakes and
natural streams which flow within the corporate limits of the city;
(21) To fix and establish fire limits and from time to time to
extend, enlarge, or restrict same; to prescribe fire safety regula-
tions relating to fire prevention, detection, and fire fighting; and
to prescribe penalties and punishment for violation thereof;
(22) To provide for the destruction and removal of any
building or other structure which may or might become dangerous
or detrimental to the public;
(23) To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of
garbage, rubbish, and refuse by others;
(24) To levy, fix, assess, and collect a garbage, refuse, and
trash collection and disposal and other sanitary service charges for
such services as may be necessary in the operation of the city, from
all individuals, firms, and corporations residing in or doing busi-
3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ness therein benefiting from such services; to enforce the payment
of such service charges; and to provide for the manner and method
of collecting such service charges;
(25) To levy a fee, charge, or sewer tax as necessary to assure
the acquiring, constructing, equipping, operating, maintaining,
and extending of a sewage disposal plant and sewage system; and
to levy on the users of sewers and the sewage system a sewer
service charge fee or sewer tax for the use of the sewers; and to
provide for the manner and method of collecting such service
charge and for enforcing payment of same;
(26) 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;
(27) 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;
(28) To define a nuisance and provide for its abatement;
(29) 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;
(30) To establish minimum standards for and regulate build-
ing construction and repair, electrical wiring and equipment, gas
installation and equipment, plumbing, and housing for the health,
sanitation, cleanliness, welfare, and safety of inhabitants of the
city and to provide for the enforcement of such standards and
regulations;
(31) To provide that persons given jail sentences by the
mayors 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 1982 SESSION
3655
(32) To adopt ordinances and regulations for the prevention
of idleness, loitering, vagrancy, disorderly conduct, public drunk-
enness, and disturbing the peace in the corporate limits of the city
and to prohibit the playing of lotteries therein; and to prohibit or
regulate such other conduct and activities within said city which
are detrimental to the peace and good order of the city and to the
welfare and morals of the citizens thereof;
(33) To regulate and license or prohibit the keeping or
running at large of animals and fowl; and to provide for the
impoundment of same when 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 ordinances enacted
hereunder;
(34) 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;
(35) 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 amounts prescribed by ordinance; and to regulate and
rent parking spaces in public ways for the use of such vehicles;
(36) To provide and maintain a system of pensions and
retirement for officers and employees of the city;
(37) To levy and provide for the collection of special assess-
ments to cover the costs for any public improvements;
(38) 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;
(39) 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;
3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(40) 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, morals, peace, order, and
good government of the city;
(41) To provide penalties for violations of any ordinance
adopted pursuant to the authority of this charter and the laws of
the State of Georgia; and
(42) To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or
protect the safety, health, peace, security, good order, comfort,
convenience, morals, and general welfare of the city and its
inhabitants; and to exercise all implied powers necessary to carry
into execution all powers granted in this charter as fully and
completely as if such powers were fully enumerated herein; and to
exercise all powers now or in the future authorized to be exercised
by other municipal governments under other laws of the State of
Georgia. No enumeration of particular powers in this charter shall
be held to be exclusive of others, nor restrictive of general words
and phrases granting powers; but shall be held to be in addition to
such powers unless expressly prohibited to municipalities under
the Constitution or applicable laws of the State of Georgia.
Section 1.13. General Powers. In addition to all other powers
herein granted, the City of Mountain Park shall be vested with any
and all powers which municipal corporations are or may hereafter be
authorized or required to exercise under the Constitution and laws of
the State of Georgia as fully and completely as though such powers
were specifically enumerated herein, and any and all powers which
the City of Mountain Park was heretofore authorized to exercise upon
the effective date of this charter.
Section 1.14. Construction. The powers of the City of Mountain
Park 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 of Mountain Park
within its corporate limits and the authority to conduct all its affairs.
GEORGIA LAWS 1982 SESSION
3657
ARTICLE II
MAYOR AND COUNCIL
Chapter 1 General Provisions
Section 2.10. Creation and Composition; Number. The corpo-
rate powers and the municipal government of the City of Mountain
Park shall be vested in a mayor and city council. There shall be seven
members of the city council known as councilmen. The mayor and
councilmen shall be elected for the terms of office, at the times, and in
the manner provided by Article VI of this charter.
Section 2.11. Qualifications of Office. No person shall be
eligible to serve as mayor or councilman unless such person shall have
attained the age of 21 at the beginning of the term of office and unless
such person shall have been a resident of the city for a period of one
year immediately prior to the date of such persons election and shall
continue to reside therein during the term of office and shall be
registered and qualified to vote in municipal elections of the City of
Mountain Park. Neither the mayor nor any councilman shall hold
any other elective or appointive office in the city.
Section 2.12. Vacancies, (a) The office of mayor or councilman
shall become vacant upon the incumbents death, resignation, or
removal from office as provided in Chapter 2 of Article VI of this
charter.
(b) A vacancy in the office of mayor shall be filled by the council
appointing one of its number to fill such vacancy as follows:
(1) If the vacancy occurs during the first two years of a term
of office, the appointment shall be until a successor is elected for
the unexpired term at the next regular municipal election; or
(2) If the vacancy occurs during the last two years of a term
of office, the appointment shall be for the remainder of the
unexpired term.
(c) A vacancy in the office of councilman, including a vacancy
created by the appointment of a councilman as mayor under subsec-
tion (b) of this section, shall be filled by the remaining councilmen as
follows:
3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) If the vacancy occurs during the first two years of a term
of office, the appointment shall be until a successor is elected for
the unexpired term at the next regular municipal election; or
(2) If the vacancy occurs during the last two years of a term
of office, the appointment shall be for the remainder of the
unexpired term.
Section 2.13. Compensation and Expenses. The mayor and
councilmen shall receive as compensation for their services an
amount fixed by ordinance in conformity with the requirements of
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, as
amended; Chapter 35 of Title 36 of the Official Code of Georgia
Annotated on and after November 1,1982). Until their compensation
is changed as provided herein, the mayor and councilmen shall
receive the compensation authorized for said officers immediately
preceding the effective date of this charter. The mayor and council-
men shall be entitled to receive their actual and necessary expenses
incurred in the performance of the official duties of their offices.
Section 2.14. General Powers of the Mayor and Council, (a)
Except as otherwise provided by law or this charter, all the powers of
the City of Mountain Park shall be vested in the city council.
(b) In the exercise of its powers, the city council shall adopt and
provide for the execution of such ordinances, rules, and regulations,
not inconsistent with this charter or the laws of the State of Georgia,
as may be necessary or expedient for the peace, good order, protection
of life and property, health, welfare, sanitation, comfort, convenience,
morals, prosperity, and well-being of the inhabitants of the City of
Mountain Park and may enforce such ordinances by imposing penal-
ties for violations thereof.
(c) The city council may by ordinance create, change, alter,
abolish, and consolidate departments and may assign additional
functions to any of the offices, agencies, departments, boards, or
commissions created by or pursuant to this charter.
Section 2.15. Inquiries and Investigations. The city council
may make inquiries and investigations into the affairs of the City of
Mountain Park and into the conduct of any department, office, or
agency or any officer or employee thereof and for this purpose may
subpoena witnesses or documents, records or other evidence, admin-
GEORGIA LAWS 1982 SESSION
3659
ister oaths, take testimony, and require the production of evidence.
Any subpoena shall be issued by the clerk of the city council upon its
application. 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 by a fine not exceeding $100.00 or by confinement for not
more than five days in jail or both in the discretion of the city council.
Section 2.16. Financial Management. The mayor and city
council shall budget, provide for audits, and otherwise conduct the
Financial management of the City of Mountain Park in accordance
with the provisions of Articles IV and V of this charter and the Local
Government Financial Management Standards Act, approved April
8, 1980 (Ga. L. 1980, p. 1738; Chapter 81 of Title 36 of the Official
Code of Georgia Annotated on and after November 1,1982).
Chapter 2 Mayor
Section 2.20. Powers and Duties; Generally. The mayor shall be
the official spokesman for the city and the chief advocate of policy.
The mayor shall preside at meetings of the city council and may vote
on a question before the council only to break a tie. The mayor shall
sign ordinances and resolutions on their final passage; shall sign
deeds, bonds, contracts, and other instruments and documents
authorized and executed on behalf of the city. The mayor shall have
the power to declare emergencies in the event of civil or other disorder
which might prove detrimental to the welfare of the inhabitants of the
City of Mountain Park. The mayor shall be recognized as the official
head of the city by the courts for the purpose of serving civil process
and by the public for all ceremonial purposes. The mayor shall have
power to administer oaths and perform such other duties imposed by
this charter or by ordinance not inconsistent therewith.
Section 2.21. Mayor Pro Tempore. During the absence or
disability of the mayor for any cause, the mayor pro tempore or, in the
absence or disability of the mayor pro tempore, any member of the
city council chosen from its membership 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.
Chapter 3 Organization and Procedures
Section 2.30. Organization Meeting. The city council shall meet
for organization on the third Saturday in September following each
3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
municipal election. The meeting shall be called to order by the city
clerk and the oath of office shall be administered to the newly elected
members as follows:
I do solemnly swear (or affirm) that I will well and truly perform
the duties of mayor (or councilman as the case may be) of the City of
Mountain Park and that I will support and defend the charter thereof
as well as the Constitution and laws of the State of Georgia and of the
United States of America. So help me God.
Following the induction of members, the city council by majority
vote of all the members thereof shall elect one of its number to be
mayor pro tempore, who shall serve for a term of two years and until a
successor is elected and qualified.
Section 2.31. Regular and Special Meetings, (a) The city
council shall hold regular meetings at such times and places as
prescribed by ordinance. The city council may recess any regular
meeting and continue such meeting on any weekday or hour the
council may fix. The council may transact any business at such
continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the city council may be held on call of the
mayor or shall be held when requested in writing by a majority of the
members of the city council and, except in case of emergency, upon no
less than 24 hours notice to each member. Notice of any special
meeting may be waived in writing and attendance at the meeting shall
be a waiver of notice of any special meeting.
(c) All meetings of the city council shall be held and conducted
in conformity with the requirements of the Act providing for open
meetings of public agencies, approved March 28,1972 (Ga. L. 1972, p.
575, as amended; Chapter 14 of Title 50 of the Official Code of
Georgia Annotated on and after November 1,1982).
Section 2.32. 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 and minutes of its meetings which shall be public
records.
Section 2.33. Quorum; Voting. Five councilmen shall constitute
a quorum and shall be authorized to transact business of the city
GEORGIA LAWS 1982 SESSION
3661
council. Voting on the adoption of ordinances shall be taken by voice
vote and the yeas 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 four councilmen shall be required for
the adoption of an ordinance, resolution, or motion except when the
mayor votes to break a tie, and in that event the affirmative vote of
the mayor and three councilmen shall be sufficient for the adoption of
an ordinance, resolution, or motion.
Chapter 4 Ordinance Procedure
Section 2.40. Action Requiring an Ordinance or Resolution, (a)
Except as herein provided, every official action of the city council
shall be exercised only by adoption of ordinances and resolutions.
(b) Each proposed ordinance or resolution shall be introduced in
writing and in the form required for final adoption. No ordinance
shall contain more than one subject which shall be clearly expressed
in its title. The enacting clause shall be The council of the City of
Mountain Park hereby ordains....
(c) An ordinance or resolution may be introduced by any
member of the city council and read at a regular or special meeting of
the city council. Ordinances and resolutions shall be considered,
adopted, or rejected by the city council in accordance with the rules
which it shall establish but shall not be finally adopted until the next
regular meeting of the city council following the meeting of their
initial introduction, except for emergency ordinances. Upon introduc-
tion of any ordinance, the clerk shall distribute a copy to the mayor
and to each councilman and shall file a reasonable number of copies in
the office of the clerk and at such other public places as the city
council may designate.
Section 2.41. Emergency Ordinances. To meet a public emer-
gency affecting life, health, property, or public peace, the city 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
3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 at least five councilmen shall be
required for adoption. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance shall
automatically stand repealed 60 days following the date upon which it
was adopted, but this repeal 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 2.42. 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 subsection (c) of Section 2.40 for
distribution and filing of copies of the ordinance shall be con-
strued to include copies of the code of technical regulations as well
as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations as
well as the adopting ordinance shall be authenticated and
recorded by the clerk pursuant to Section 2.43.
(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 2.43. Signing, Authenticating, and Recording; Codifica-
tion; Printing, (a) Every ordinance and resolution shall be signed by
the mayor after adoption. The clerk shall authenticate the ordinance
or resolution by signing same and shall record in full in a properly
indexed book kept for this purpose all ordinances and resolutions
adopted by the city council.
(b) The city council shall provide for the preparation of a general
codification of all of the ordinances and resolutions of the city having
the force and effect of law. 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.
GEORGIA LAWS 1982 SESSION
3663
(c) The city council shall cause each ordinance and each amend-
ment to this charter to be printed 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.
ARTICLE III
ORGANIZATION AND PERSONNEL
Section 3.10. Administrative Departments: Creation. The
government of the City of Mountain Park shall continue as presently
organized, unless and until otherwise provided by ordinance. The
council by ordinance may establish, abolish, merge, or consolidate
offices, positions of employment, departments, and agencies of the
city, as the council deems necessary for the proper administration of
the affairs and government of the city. The council may prescribe the
functions and duties of existing or of any departments, offices, and
agencies hereafter 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.
Section 3.11. Administrative Duties of Mayor. The mayor shall
be executive head of the city government and responsible for the
efficient and orderly administration of the citys affairs. As the chief
executive of the city government, the mayor shall:
(1) See that all laws of this state, provisions of this charter,
rules, regulations, ordinances, and franchises of the city are faith-
fully executed;
(2) With advice and consent of city council, appoint, sus-
pend, or remove all officers, department heads, and employees in
the administrative service of the city;
(3) Supervise the administration of the affairs of the city;
(4) Submit a monthly financial statement to the council
showing the finances and condition of the city and from time to
time submit such other information to the council as it may
request;
3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) Recommend to the city council such measures con-
nected with the affairs of the city, the protection and improve-
ment of its government and finances, and promotion of the welfare
of its citizens as the mayor shall deem desirable;
(6) Call special meetings of the city council as provided for
in Section 2.31 of this charter;
(7) Examine and inspect all books, records, and official
papers of any department or agency of the city as the mayor deems
necessary;
(8) Submit to the city council a recommended annual oper-
ating budget and capital improvement budget;
(9) Require any officer, department, or agency of the city to
submit written reports and information in connection with the
business and affairs thereof as the mayor deems necessary;
(10) Conduct inquiries and investigations into the conduct of
the affairs of any department or agency which the mayor deems
necessary; and
(11) Perform such other executive and administrative
responsibilities as may be required by law, this charter, or by
ordinance of the city council.
Section 3.12. City Attorney. The council may appoint a city
attorney who shall be responsible for representing and defending the
city in all litigation in which the city is a party. The city attorney shall
serve at the pleasure of the council and shall receive such compensa-
tion as it shall determine. The city attorney shall advise the mayor
and council and other officials of the city with respect to its affairs;
draw all legal documents relating to the affairs of the city; draw
proposed ordinances when requested by the mayor and council;
inspect and pass on all agreements, contracts, franchises, and other
instruments with which the city may be concerned; attend all meet-
ings of the city council; and perform such other duties as may be
required of the city attorney by the mayor and council.
Section 3.13. City Clerk. The council shall appoint a city clerk.
The city clerk shall be responsible for keeping and preserving the city
seal and all records of the city council. The clerk shall attend
GEORGIA LAWS 1982 SESSION
3665
meetings of the city council and keep a journal of its proceedings at
such meetings. The clerk shall maintain and keep 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 the city council.
Section 3.14. Personnel Policies. The council may adopt such
personnel policies for the adequate and systematic handling of the
personnel affairs of the City of Mountain Park as the council deems
appropriate.
Section 3.15. Personal Financial Interest. Any city officer or
employee who has a financial interest, direct or indirect, or by reason
of ownership of stock in any corporation, in any contract with the city
or in the sale of any land, material, supplies, or services to the city or
to a contractor supplying the city shall make known that interest and
shall refrain from voting upon or otherwise participating as a city
officer or employee in the making of such sale or in the making or
performance of such contract. Any city officer or employee who
willfully conceals such financial interest or willfully violates the
requirements of this section shall upon conviction be guilty of malfea-
sance in office or position and shall be subject to removal from office
or from the position of employment. Violation of this section with
knowledge expressed or implied of the person or corporation con-
tracting with or making a sale to the city shall render the contract or
sale voidable by the council.
ARTICLE IV
FINANCIAL AND FISCAL
Chapter 1 Taxation
Section 4.10. Property Taxes. All property subject to taxation
for state or county purposes shall be subject to an ad valorem
property tax levied by the City of Mountain Park. The assessment of
property for ad valorem taxes and the collection of such taxes shall be
as provided by the applicable provisions of Code Title 91A, known as
the Georgia Public Revenue Code (Title 48 of the Official Code of
Georgia Annotated on and after November 1,1982).
Section 4.11. Tax Levy. The city council shall be authorized to
levy an ad valorem tax on all real and personal property within the
corporate limits of the city for ordinary current expenses and for any
other purpose now or hereafter authorized by the Constitution and
laws of the State of Georgia, and such tax levy shall be in addition to
3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any levy made by the city council for the payment of principal and
interest on bonded indebtedness.
Section 4.12. Tax Due Dates and Tax Bills. The city council
shall provide by ordinance when the taxes shall fall due and in what
length of time said taxes must be paid. The city council 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 payment of
taxes prior to the time when due. The terms and methods of payment
of city taxes shall be in such manner as the city council may determine
by ordinance.
Section 4.13. Collection of Delinquent Taxes. The city council
may provide by ordinance for the collection of delinquent taxes by fi.
fa. issued by the city clerk 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. Any
such fi. fa. may be executed by an officer or employee of the city
designated for such purpose by the city council. A lien shall exist
against all property upon which city property taxes are levied, as of
the assessment date of each year, which shall be superior to all other
liens except that it shall have equal dignity with those of the federal,
state, or county taxes.
Section 4.14. Transfer of Executions. The city clerk shall be
authorized to transfer and assign any fi. fa. or execution issued for
street, sewer, or any other assessment in the same manner, upon the
same terms, and to the same effect, and thereby vest the purchaser or
transferee with the same rights as in cases of sales or transfers of tax
fi. fas. as now provided by law; and all sales of property hereafter
made under execution in behalf of the city for the collection of street,
sewer, and other assessments, the owner or owners, as the case may
be, are authorized to redeem same within the same time and on
compliance with the same terms and payment of the same premium,
interest, and costs, as in cases of redemption of property where sold
under tax fi. fa., as the same now exists, or as may from time to time
be provided by law.
Section 4.15. Special Assessments. The city council may assess
all or part of the cost of constructing, reconstructing, widening, or
improving any public way, street, sidewalk, curbing, gutters, sewers,
or other utility mains and appurtenances, against the abutting prop-
GEORGIA LAWS 1982 SESSION
3667
erty owners, under such terms and conditions as may be prescribed by
ordinance. 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 in this
article for city property taxes.
Chapter 2 Borrowing
Section 4.20. 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 issues by
municipalities in effect at the time said issue is undertaken.
Section 4.21. Revenue Bonds. Revenue bonds may be issued by
the city council as now or hereafter provided by the laws of the State
of Georgia.
Chapter 3 Accounting and Budgeting
Section 4.30. Fiscal Year. The fiscal year of the city government
shall be established by ordinance of the city council. Said fiscal year
shall constitute the budget year and the year for Financial accounting
and reporting of each and every office, department, or institution,
agency, and activity of the government, unless otherwise provided by
state or federal law.
Section 4.31. Preparation of Budgets. The city council shall
provide by ordinance the procedures and requirements for the prepa-
ration and execution of an annual operating and a capital improve-
ments budget including requirements as to the scope, content, and
form of such budgets.
Section 4.32. Submission of Budget to City Council. On or
before a date fixed by the council but not later than 60 days prior to
the beginning of each fiscal year, the mayor shall submit to the city
council a proposed budget for the ensuing fiscal year. The budget
shall be accompanied by a message from the mayor containing a
statement of the general fiscal policies of the city, the important
features of the budget, explanations of major changes recommended
for the next fiscal year, a general summary of the budget, and such
3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other comments and information as the mayor may deem pertinent.
The operating budget and the capital improvements budget herein-
after provided for, the budget message, and all supporting documents
shall be filed in the office of the city clerk and shall be open to public
inspection.
Section 4.33. Action by City Council on Budget, (a) The city
council may amend the operating budget proposed by the mayor;
except, that the budget as finally amended and adopted must provide
for all expenditures required by law or by other provisions of this
chapter 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 available for such
fund.
(b) The city council shall adopt the final operating budget for
the ensuing fiscal year within 60 days after the proposed budget is
submitted to the council by the mayor. If the city council fails to
adopt the budget by this date, the amounts appropriated for current
operation for the current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month-to-month basis, with all items pro-
rated accordingly until such time as the city council adopts a budget
for the ensuing fiscal year. Such adoption shall take the form of an
appropriation ordinance setting out the estimated revenues in detail
by sources and making appropriations according to fund and by
organizational unit, purposes, or activity as set out in the budget
document.
(c) The amount set out in the adopted operating budget for each
organizational unit, purpose of activity shall constitute the annual
appropriation for such item, and no expenditure shall be made or
encumbrance created in excess of the otherwise unencumbered bal-
ance of the appropriation, or allotment thereof, to which it is charge-
able.
Section 4.34. Property Tax Levies. As the next order of
business following adoption of the operating budget, the city council
shall levy by ordinance an annual tax on all real and personal
property within the City of Mountain Park. The tax rate set by such
ordinance shall be such that a reasonable estimate 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
GEORGIA LAWS 1982 SESSION
3669
annual operating budget for defraying the expenses of the general
government of the City of Mountain Park.
Section 4.35. Additional Appropriations. The city council may
make appropriations in addition to those contained in the current
operating budget at any regular or special meeting called for such
purpose, but any such additional appropriation may be made only
from an existing unappropriated surplus in the fund to which it
applies.
Section 4.36. Lapse of Appropriations. All unencumbered
balances of appropriations in the current operating budget at the end
of the fiscal year shall lapse into the unappropriated surplus or
reserves of the fund or funds from which such appropriations were
made.
Section 4.37. Capital Improvements Budget, (a) On or before
the date fixed by the city council but not later than 60 days prior to
the beginning of each fiscal year, the mayor shall submit to the city
council a proposed capital improvements budget with the mayors
recommendations as to the means of financing the improvements
proposed for the ensuing fiscal year. The city council shall have
power to accept with or without amendments or reject the proposed
program and proposed means of financing. The city council shall not
authorize an expenditure for the construction of any building, 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 of the city, when passed by a vote of at least five members
of the city council or by a vote of the mayor and three members of the
council in the event of a tie vote among members of the council.
(b) The city council shall adopt the final capital improvements
budget for the ensuing fiscal year within 60 days after the proposed
budget is submitted to the council by the mayor. 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, but the mayor may submit amendments,
accompanied by the mayors recommendations thereon, to the capital
improvements budget at any time during the fiscal year. Any such
amendments to the capital improvements budget shall become effec-
tive only upon the affirmative vote of four members of the city council
or in the event of a tie vote among members of the council upon the
affirmative vote of the mayor and three members of the council.
3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V
PROCUREMENT AND PROPERTY MANAGEMENT
Section 5.10. Contracting Procedures. All contracts shall be
made or authorized by the city council, and no contract shall bind the
city unless reduced to writing and approved by the city council.
Section 5.11. Centralized Purchasing. The city council shall by
ordinance prescribe procedures for a system of centralized purchasing
for the City of Mountain Park.
Section 5.12. Sale and Disposition of City Property, (a) The
city council may sell and convey any real or personal property owned
or held by the City of Mountain Park for governmental or other
purposes at a public or private sale in such manner and pursuant to
such requirements as the council shall provide by ordinance.
(b) The city council may quitclaim any rights it may have in
property not needed for public purposes upon recommendation by
the mayor and adoption by the council of a resolution finding that the
property is not needed by the city for public or other purposes.
(c) Whenever in opening, extending, or widening any street,
avenue, alley, or public place of the city, a small parcel or tract of land
is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the city council may authorize the mayor to
execute and deliver in the name of the city a deed conveying said cut-
off or separated parcel or tract of land to an abutting or adjoining
property owner or owners in exchange for rights of way of said street,
avenue, alley, or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All deeds
and conveyances heretofore and hereafter so executed and delivered
may convey all title and interest the city has in such property.
ARTICLE VI
ELECTION AND REMOVAL OF OFFICERS
Chapter 1 General Provisions
Section 6.10. Regular Elections, (a) The date of the regular
municipal elections of the City of Mountain Park shall be on the third
Saturday of August of each even-numbered year. The mayor and
councilmen elected at such elections shall take office on the third
Saturday of September immediately following their election for terms
GEORGIA LAWS 1982 SESSION
3671
of four years and until their successors are elected and qualified,
except the initial terms of four councilmen shall be for two years in
order to stagger terms as provided in subsection (b) of this section.
Elections for mayor and councilmen shall be at large by plurality vote.
(b) The first election under this charter shall be on the third
Saturday in August, 1982. The mayor and seven councilmen shall be
elected at said election and shall take office on the third Saturday in
September, 1982, for terms as follows:
(1) The candidate for mayor receiving the highest number
of votes cast shall be declared the winner and shall serve for a term
of four years;
(2) The three candidates for councilman receiving the high-
est number of votes cast shall be declared the winners and shall
serve for terms of four years; and
(3) The four candidates for councilman receiving the next
highest number of votes cast shall be declared the winners and
shall serve for initial terms of two years.
(c) Successors to the mayor and councilmen elected under sub-
section (b) of this section and future successors shall be elected at the
regular municipal election immediately preceding the expiration of
the respective terms of office and shall take office on the third
Saturday of September immediately following their election for terms
of four years and until their successors are elected and qualified.
Section 6.11. Municipal Election Code. The registration of
electors and all matters pertaining to elections of the City of Moun-
tain Park shall be as provided by Code Title 34A, known as the
Georgia Municipal Election Code (Chapter 3 of Title 21 of the
Official Code of Georgia Annotated on and after November 1, 1982)
except that elections for mayor and councilmen shall be at large by
plurality vote as provided in subsection (a) of Section 6.10 of this
charter.
Section 6.12. Continuance in Office. The mayor and five
councilmen of the City of Mountain Park in office on the effective
date of this charter who were elected or appointed pursuant to the
former charter of the City of Mountain Park (Ga. L. 1927, p. 1418, as
amended) shall continue in office and serve out the terms to which
3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elected or appointed and shall be the mayor and council of the City of
Mountain Park under this charter until their successors are elected
and qualified as provided in Section 6.10 of this charter.
Chapter 2 Removal of Elective Officers
Section 6.20. 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:
(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 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 6.21. Procedure for Removal, (a) Removal of an elected
officer from office may be accomplished by one of the following
methods:
(1) By a vote of removal by five members of the city council.
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 grounds for removal and to a public hearing
which shall be held not less than ten days after the service of such
written notice. Any elected officer sought to be removed from
office as herein provided shall have the right of appeal from the
decision of the city council to the Superior Court of Fulton
County. Such appeal shall be governed by the same rules as
govern appeals to the superior court from the probate courts; or
(2) By an information filed in the Superior Court of Fulton
County as provided by law.
GEORGIA LAWS 1982 SESSION
3673
(b) For the purposes of paragraph (1) of subsection (a) of this
section, the city council is authorized to subpoena witnesses, adminis-
ter oaths, and require the production of documents and evidence.
ARTICLE VII
MAYORS COURT
Section 7.10. Creation, (a) There is established a court to be
known as the Mayors Court of the City of Mountain Park 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 law; to punish
witnesses for nonattendance, and to punish also any person who may
counsel or advise, aid, encourage, or persuade another whose testi-
mony is desired or material in any proceeding before said court, to go
or move beyond the reach of the process of the court; to try all
offenses within the territorial limits of the City of Mountain Park
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 pre-
sided over by the mayor of the City of Mountain Park. In the absence
or disqualification of the mayor, the mayor pro tempore shall preside
and shall exercise the same powers and duties of the mayor when so
acting. Should both the mayor and mayor pro tempore become
disqualified, then any member of the city council may be designated
by the city council to preside with the same powers and duties as the
mayor when so acting. The council by ordinance may provide for the
appointment of a citizen of the City of Mountain Park as judge of the
mayors court in lieu of the mayor, the mayor pro tempore, or a
member of the council serving as such judge.
(b) The council shall provide by ordinance for the appointment
of one or more marshals for the mayors court, and such marshals
shall carry out such other duties as may be prescribed by the council.
Section 7.11. Convening. Said court shall be convened at such
times as designated by ordinance of the council or at such times as
may be necessary to keep current the dockets thereof.
Section 7.12. Jurisdiction; Powers, (a) The mayors court shall
try and punish for crimes against the City of Mountain Park and for
3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
violation of its ordinances. The mayors court shall have authority to
punish those in its presence, or so near thereto as to affect its
operation, for contempt, provided that such punishment shall not
exceed $25.00 or five days in jail. The mayors court may fix punish-
ment for offenses within its jurisdiction not exceeding a fine of
$500.00 or imprisonment for 90 days or both and, as an alternative to
fine or imprisonment, may sentence any offender upon conviction to
labor in the city work gang or on the streets for a period not exceeding
90 days.
(b) The mayors court shall have authority to establish bail and
recognizances to ensure the presence of those charged with violations
of the laws or ordinances of the City of Mountain Park and may
prescribe the conditions for forfeiture of the same.
(c) The mayors court shall have authority to administer oaths
and perform all other acts necessary or proper to the conduct of said
court.
(d) The mayors court shall have the authority to bind prisoners
over to the appropriate court when it appears that a state law has
been violated.
(e) The mayors 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 or executed
by the marshal of such court or by any other officer so authorized by
this charter or by state law.
(f) The mayors court is specifically vested with all of the juris-
diction and powers throughout the entire area of the City of Moun-
tain Park granted by state laws generally to mayors, recorders, and
police courts, and particularly by such laws as authorize the abate-
ment of nuisances.
Section 7.13. Certiorari. Certiorari from the superior court to
the mayors court shall lie in the same manner and under the same
procedure as prescribed for certiorari to the various justice courts of
the state.
Section 7.14. Procedure. All reasonable rules and regulations
relative to procedure and to the operation of the mayors court may be
enacted by the city council, provided that such rules and regulations
shall be consistent with the provisions set forth in this charter and in
GEORGIA LAWS 1982 SESSION
3675
conformance with the Constitutions of the United States and of
Georgia and all laws of general application thereunder. The city
council may adopt in whole or in part the rules and regulations
relative to procedure and to the operation of the superior courts
under the general laws of the State of Georgia.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 8.10. Restrictions on Actions for Damages Against the
City. No action shall be maintained against the city for damages
unless a written statement by the claimant or by his agent, attorney,
or representative, setting forth the basis for his claim, shall have been
filed with the mayor within 30 days after such cause of action shall
have accrued; except that when the claimant is an infant or non
compos mentis, or when an injured person dies within 60 days, the
time limit for filing a claim shall be 60 days. No officer or employee of
the city may waive this requirement.
Section 8.11. Official Bonds. The officers and employees of the
City of Mountain Park, 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. The
premiums for such bonds as may be required by the city council shall
be paid from the funds of the city.
Section 8.12. Existing Ordinances and Resolutions. Existing
ordinances and resolutions of the City of Mountain Park not inconsis-
tent with the provisions of this charter shall continue in effect until
they have been repealed, modified, or amended by the city council.
Existing rules and regulations of departments or agencies of the City
of Mountain Park not inconsistent with the provisions of this charter
shall continue in effect until they have been repealed, modified, or
amended.
Section 8.13. General Laws May Be Used. The city council, in
its discretion, may elect to use the provisions of any general laws of
the state in addition to or instead of the provisions of this charter.
Section 8.14. Section Captions. The captions to the several
sections of this charter are informative only and are not to be
considered as a part thereof.
3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8.15. Penalties. The violation of any provision of this
charter, for which penalty is not specifically provided for herein, is a
misdemeanor and shall be punishable by a fine of not more than
$500.00 or by imprisonment not to exceed 90 days or by both such fine
and imprisonment.
Section 8.16. Severability. If any article, section, subsection,
paragraph, sentence, or part thereof of this charter shall be held to be
invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect or impair other parts of this charter, unless it clearly
appears that such other parts are wholly and necessarily dependent
upon the part 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 sepa-
rately and independent of each other.
Section 8.17. Specific Repealer. An Act incorporating the City
of Mountain Park approved July 13, 1927 (Ga. L. 1927, p. 1418), as
amended by an Act approved August 24,1931 (Ga. L. 1931, p. 909), an
Act approved February 22, 1933 (Ga. L. 1933, p. 1034), an Act
approved February 7, 1950 (Ga. L. 1950, p. 2046), an Act approved
February 21, 1951 (Ga. L. 1951, p. 2893), an Act approved February
15, 1952 (Ga. L. 1952, p. 2800), and an Act approved March 23, 1977
(Ga. L. 1977, p. 3652), is repealed in its entirety.
Section 8.18. Effective Date. This charter shall be effective on
the first day of the month following the month during which it is
approved by the Governor or during which it otherwise becomes law.
Section 8.19. Repealer. All laws and parts of laws in conflict
with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January
1982 Session of the General Assembly of Georgia a bill creating a new
charter for the City of Mountain Park, and for other purposes.
This the 7th day of January 1982.
GEORGIA LAWS 1982 SESSION
3677
Mayor and Council of the
City of Mountain Park
By: Judy A. Ray
Mayor
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: Jan. 11,18,
& 25,1982 & Feb. 1,1982.
/s/ Luther S. Colbert
Representative,
23rd District
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30, 1982.
3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROSWELL CORPORATE LIMITS.
No. 883 (House Bill No. 1481).
AN ACT
To amend an Act establishing a new charter for the City of
Roswell, approved April 10, 1971 (Ga. L. 1971, p. 3289), as amended,
so as to change the corporate limits of said city; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of
Roswell, approved April 10,1971 (Ga. L. 1971, p. 3289), as amended,
is amended by adding a new section following Section 1.02, relating to
corporate boundaries, to be designated Section 1.02(a), to read as
follows:
Section 1.02(a). Exclusion from corporate boundaries. Not-
withstanding any other provision of this Act or City Ordinance of the
City of Roswell, there is hereby excluded from the corporate limits of
the City of Roswell the following described property:
All that tract or parcel of land situate and being in Land Lots
295, 296, 333, and 334, of the First District, Second Section of
Fulton County, Georgia (formerly Cobb County, Georgia) and
being more particularly described as follows:
BEGINNING at an iron pin situate on the north fifty (50)
foot wide right-of-way of Willeo Road (formerly known as Lower
Roswell-Marietta Road, Marietta-Roswell Road, Riverside Road,
Lower River Road, and River Road) marking the southeast corner
of property of Fulton County (Deed Book 6519, pages 301-302,
Fulton County, Georgia records) and run thence North 00 degrees
16 00 East, along the east line of said Fulton County property,
and extending north of same, a total distance of 945.06 feet to an
iron pin situate on center-line of a 100 foot wide Georgia Power
Company transmission easement; thence North 54 degrees 57 10
East, along the center-line of said Georgia Power transmission
easement, a distance of 152.41 feet to an iron pin; thence south-
east, east, and northeast, along an arc of a circle, a distance of
453.92 feet to an iron pin (the radius of said arc is 300.00 feet and
GEORGIA LAWS 1982 SESSION
3679
has a chord distance of 411.84 feet as measured South 85 degrees
09 10 East); thence North 51 degrees 30 00 East a distance of
305.92 feet to an iron pin; thence South 45 degrees 35 20 East a
distance of 108.40 feet to an iron pin; thence South 54 degrees 00
00 West a distance of 173.93 feet to an iron pin; thence South 00
degrees 16 00 West a distance of 346.18 feet to an iron pin;
thence South 56 degrees 25 40 West a distance of 735.58 feet to
an iron pin; thence South 00 degrees 16 00 West a distance of
256.31 feet to an iron pin situate on the north fifty (50) foot wide
right-of-way of Willeo Road; thence west, along the curvature of
the north fifty (50) foot wide right-of-way of Willeo Road, an arc
distance of 100.10 feet to the iron pin marking the point of
beginning. The aforesaid property is unimproved, contains 10.02
acres, and is designated Tract 1 upon survey recorded in Plat
Book 117, page 72, Fulton County, Georgia records.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act establishing a new charter for the City of Roswell, approved April
10, 1971 (Ga. L. 1971, p. 3289, as amended, so as to change the
corporate limits of said city, and for other purposes.
John Tye Ferguson
Associate County Attorney,
Fulton County
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,
3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: Jan. 20,27,
1982 & Feb. 3,1982.
/s/ Luther S. Colbert
Representative,
23rd District
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30,1982.
TWIGGS COUNTY COMPENSATION OF CLERK
OF SUPERIOR COURT, ETC.
No. 884 (House Bill No. 1841).
AN ACT
To amend an Act providing an annual salary for the Clerk of the
Superior Court of Twiggs County in lieu of the fee system of compen-
sation, approved February 18, 1977 (Ga. L. 1977, p. 2724), so as to
change the provisions relating to the compensation of the clerk; to
change the provisions relating to personnel for said officer; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
3681
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Clerk of the
Superior Court of Twiggs County in lieu of the fee system of compen-
sation, approved February 18,1977 (Ga. L. 1977, p. 2724), is amended
by striking Section 2 in its entirety and substituting in lieu thereof a
new Section 2 to read as follows:
Section 2. (a) The clerk of the superior court shall receive an
annual salary of $15,999.96 but, effective January 1,1983, said salary
shall be increased to $18,000.00 per annum. The salary of the clerk
shall be paid in equal monthly installments from the funds of Twiggs
County.
(b) On and after January 1, 1984, when the governing authority
of Twiggs County grants a cost-of-living increase in the compensation
of county employees, the average percentage by which the compensa-
tion of county employees is increased shall be applied to the then
current salary of the clerk of the superior court, and the salary of said
officer shall be increased by such average percentage.
(c) In addition to the compensation of the clerk of the superior
court provided for in subsections (a) and (b) of this section and in
addition to any compensation or expenses provided for in subsection
(d) of this section or in Sections 4, 5, and 6 of this Act, the clerk shall
receive an expense allowance of $300.00 per annum payable from the
funds of Twiggs County. Such expense allowance shall be paid by the
governing authority of Twiggs County to the clerk at such times and
in such amounts as may be requested by said officer.
(d) The clerk of the superior court shall be reimbursed for actual
and necessary expenses incurred by said officer in carrying out said
officers official duties outside the county, including attendance at
seminars or other training meetings for county officials. When the
personal automobile of the clerk is used by said officer in traveling on
official business outside the county, said officer shall be reimbursed
for travel expenses at the rate of 20<t per mile. All expenses provided
for in this subsection shall be paid from the funds of Twiggs County.
Section 2. Said Act is further amended by striking Sections 4, 5,
and 6 in their entirety and substituting in lieu thereof new Sections 4,
5, and 6 to read as follows:
3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. The clerk of the superior court shall have the
authority to appoint such deputies, clerks, assistants and other
personnel as said officer deems necessary to discharge efficiently and
effectively the official duties of the clerks office. Said officer 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.
Except as otherwise provided by Section 5 of this Act, 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 said officers 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 said officers sole discretion.
Section 5. (a) The minimum personnel for the office of clerk of
the superior court shall be as follows:
(1) One full-time deputy who shall be compensated in the
amount of $7,900.57 per annum until January 1, 1983, at which
time the compensation of such deputy shall be increased to
$8,900.57 per annum; and
(2) One part-time assistant who shall be employed for at
least four months and such additional time as may be determined
at the discretion of the clerk of the superior court and who shall be
compensated at the rate of $3.52 per hour until January 1,1983, at
which time such hourly rate shall be increased to $4.00.
(b) The deputy clerk provided for in paragraph (1) of subsection
(a) of this section shall be paid in equal monthly installments from
the funds of Twiggs County. The compensation of the part-time
assistant provided for in paragraph (2) of said subsection (a) shall be
paid from the funds of Twiggs County at such times or pay periods as
shall be determined by the clerk of the superior court.
(c) The percentage increases in the compensation of the clerk of
the superior court made on and after January 1, 1984, as provided in
subsection (b) of Section 2 of this Act shall apply to personnel
provided for by this section.
GEORGIA LAWS 1982 SESSION
3683
Section 6. 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, 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.
Except as otherwise provided in this Act, the determination of such
requirements shall be at the sole discretion of the governing authority
of Twiggs 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing an annual salary for the Clerk of the Superior Court of
Twiggs County, approved February 18, 1977 (Ga. L. 1977, P. 2721);
and for other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 26,1982 & Feb. 2 and 9,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30, 1982.
TWIGGS COUNTY COMPENSATION OF
SHERIFF, ETC.
No. 885 (House Bill No. 1842).
AN ACT
To amend an Act providing an annual salary for the Sheriff of
Twiggs County in lieu of the fee system of compensation, approved
February 28,1966 (Ga. L. 1966, p. 2546), as amended, so as to change
the provisions relative to the compensation of the sheriff; to change
the provisions relative to personnel for said officer; to change the
provisions relating to automobiles and other expenses; to provide for
other matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
3685
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Sheriff of
Twiggs County in lieu of the fee system of compensation, approved
February 28, 1966 (Ga. L. 1966, p. 2546), as amended, is amended by
striking Section 2 in its entirety and substituting in lieu thereof a new
Section 2 to read as follows:
Section 2. (a) The sheriff shall receive an annual salary of
$17,088.72 but, effective January 1, 1983, said salary shall be
increased to $18,000.00 per annum. The salary of the sheriff shall be
paid in equal monthly installments from the funds of Twiggs County.
(b) On and after January 1, 1984, when the governing authority
of Twiggs County grants a cost-of-living increase in the compensation
of county employees, the average percentage by which the compensa-
tion of county employees is increased shall be applied to the then
current salary of the sheriff, and the salary of said officer shall be
increased by such average percentage.
(c) In addition to the compensation of the sheriff provided for in
subsections (a) and (b) of this section and in addition to any compen-
sation or expenses provided for in subsection (d) of this section or in
any other provisions of this Act, the sheriff shall receive an expense
allowance of $500.00 per annum payable from the funds of Twiggs
County. Such expense allowance shall be paid by the governing
authority of Twiggs County to the sheriff at such times and in such
amounts as may be requested by said officer.
(d) The sheriff shall be reimbursed for actual and necessary
expenses incurred by said officer in carrying out said officers official
duties outside the county, including attendance at seminars or other
training meetings for county officials. When the personal automobile
of the sheriff is used by said officer in traveling on official business
outside the county, said officer shall be reimbursed for travel
expenses at the rate of 20$ per mile. All expenses provided for in this
subsection shall be paid from the funds of Twiggs County.
Section 2. Said Act is further amended by striking Sections 9,10,
and 11 in their entirety and substituting in lieu thereof new Sections
9,10, and 11 to read as follows:
3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. (a) The sheriff shall have the authority to appoint
such deputies, clerks, assistants and other personnel as said officer
deems necessary to discharge efficiently and effectively the official
duties of the sheriffs office. Said officer shall, from time to time,
recommend to the governing authority of said county the number of
such personnel needed by the sheriffs office, together with the
suggested compensation to be paid each employee. Except as other-
wise provided by subsection (b) of this section, 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 said
officers 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 said
officers sole discretion.
(b) The minimum personnel for the office of sheriff shall be as
follows:
(1) One chief deputy, who shall be employed at the discre-
tion of the sheriff, who shall be compensated in the amount of
$16,000.00 per annum;
(2) One deputy who shall be compensated in the amount of
$13,363.03 per annum until January 1, 1983, at which time such
compensation shall be increased to $14,200.00 per annum;
(3) One additional deputy, who shall be compensated in the
amount of $11,554.07 per annum until January 1, 1983, at which
time the compensation of such deputy shall be increased to
$12,500.00 per annum;
(4) Two additional deputies each of whom shall be compen-
sated in the amount of $10,859.56 per annum until January 1,
1983, at which time the compensation of each such deputy shall be
increased to $12,500.00 per annum;
(5) One secretary who shall be compensated in the amount
of $7,900.57 per annum until January 1,1983, at which time such
compensation shall be increased to $8,900.57 per annum; and
GEORGIA LAWS 1982 SESSION
3687
(6) Two radio operators who shall be compensated at the
rate of $3.52 per hour until January 1, 1983, at which time such
hourly rate shall be increased to $4.00.
(b) The personnel provided for in subsection (a) of this section
shall be paid in equal monthly installments from the funds of Twiggs
County.
(c) The percentage increases in the compensation of the sheriff
made on and after January 1, 1984, as provided in subsection (b) of
Section 2 of this Act shall apply to personnel provided for by this
section.
Section 10. (a) The governing authority of Twiggs County shall
furnish the sheriff with such radio and police equipped automobiles
as may be necessary for use by the sheriff and deputies in the
performance of their official duties. As a minimum the governing
authority shall furnish four radio and police equipped automobiles
for the sheriffs office. Said automobiles shall be replaced every two
years or 90,000 miles, whichever shall first occur. Said automobiles
shall be used exclusively for the business of the sheriffs office by the
sheriff and deputies, but should the need arise, with the consent of
the sheriff, the governing authority of Twiggs County may authorize
the use of said automobiles for other county business or for other
county officials.
(b) The cost of the operation of said automobiles, including the
cost of gasoline and oil, and the cost of repairing and maintaining said
automobiles and the equipment thereon shall be paid by the govern-
ing authority of Twiggs County from county funds. The sheriff shall
purchase oil, gasoline, and other materials for said automobiles and
shall have said automobiles repaired and maintained at such place or
places as shall be designated for such purposes by the governing
authority of Twiggs County.
(c) In the event additional automobiles are needed in an emer-
gency or for urgent duties connected with the effective operation of
the sheriffs office, the governing authority may authorize the sheriff
or deputies to use their personal automobiles. If so used, said
personal automobiles shall be equipped with police radios at the
expense of the county. The governing authority shall also reimburse
the sheriff and deputies for mileage for the use of their personal
automobiles at the rate specified in subsection (d) of Section 2 of this
Act.
3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. (a) 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
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.
Except as otherwise provided in this Act, the determination of such
requirements shall be at the sole discretion of the governing authority
of Twiggs County.
(b) As a minimum requirement for uniforms, the sheriff shall be
authorized to purchase two winter and two summer uniforms each
year for the sheriff and each deputy. The cost of such uniforms shall
be paid by the governing authority of Twiggs County from county
funds.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing an annual salary for the Sheriff of Twiggs County,
approved February 28, 1966 (Ga. L. 1966, P. 2546), as amended; and
for other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
GEORGIA LAWS 1982 SESSION
3689
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 26,1982 & Feb. 2 & 9,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30, 1982.
TWIGGS COUNTY COMPENSATION OF BOARD
OF COMMISSIONERS.
No. 886 (House Bill No. 1843).
AN ACT
To amend an Act creating a Board of Commissioners of Roads and
Revenues for the County of Twiggs, approved July 27, 1923 (Ga. L.
3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1923, p. 324), as amended, particularly by an Act approved March 23,
1977 (Ga. L. 1977, p. 3611), so as to change the compensation of the
chairman and other members of the board; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners of Roads
and Revenues for the County of Twiggs, approved July 27, 1923
(Ga. L. 1923, p. 324), as amended, particularly by an Act approved
March 23,1977 (Ga. L. 1977, p. 3611), is amended by striking sections
8 and 9 in their entirety and substituting in lieu thereof new sections 8
and 9 to read as follows:
Section 8. (a) The chairman of the board of commissioners
shall preside at meetings of the board and sign all orders and
processes of the board. The chairman shall have such other powers
and duties as may be delegated to said officer by the board. The
chairman shall be a full-voting member of the board.
(b) The chairman of the board of commissioners shall receive an
annual salary of $3,300.00 payable in equal monthly installments
from the funds of Twiggs County.
(c) Each member of the board other than the chairman shall
receive an annual salary of $3,000.00 payable in equal monthly
installments from the funds of Twiggs County.
Section 9. In addition to compensation provided for in Section 8
of this Act, the chairman and other members of the board shall be
reimbursed for actual and necessary expenses incurred by them in
carrying out their official duties outside the county, including atten-
dance at seminars or other training meetings for county officials, but
attendance at any such seminar or meeting must be approved by a
majority of the board prior to such attendance. When using their
personal automobiles in traveling on official business outside the
county, the chairman and all other members shall be reimbursed for
travel expenses at the rate of 20<f per mile. All expenses provided for
herein shall be paid from the funds of Twiggs County.
Section 2. This Act shall become effective on January 1,1983.
GEORGIA LAWS 1982 SESSION
3691
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a Board of Commissioners of Twiggs County, approved July
27,1923 (Ga. L. 1923, P. 324), as amended; and for other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 26,1982 & Feb. 2 & 9,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30, 1982.
TWIGGS COUNTY COMPENSATION OF TAX
COMMISSIONER, ETC.
No. 887 (House Bill No. 1844).
AN ACT
To amend an Act providing an annual salary for the Tax Commis-
sioner of Twiggs County in lieu of the fee system of compensation,
approved February 18,1977 (Ga. L. 1977, p. 2724), so as to change the
provisions relative to the compensation of the tax commissioner; to
change the provisions relative to personnel for said officer; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Tax
Commissioner of Twiggs County in lieu of the fee system of compen-
sation, approved February 18,1977 (Ga. L. 1977, p. 2724), is amended
by striking Section 2 in its entirety and substituting in lieu thereof a
new Section 2 to read as follows:
Section 2. (a) The tax commissioner shall receive an annual
salary of $17,088.72 but, effective January 1,1983, said salary shall be
increased to $18,000.00 per annum. The salary of the tax commis-
GEORGIA LAWS 1982 SESSION
3693
sioner shall be paid in equal monthly installments from the funds of
Twiggs County.
(b) On and after January 1, 1984, when the governing authority
of Twiggs County grants a cost-of-living increase in the compensation
of county employees, the average percentage by which the compensa-
tion of county employees is increased shall be applied to the then
current salary of the tax commissioner, and the salary of said officer
shall be increased by such average percentage.
(c) In addition to the compensation of the tax commissioner
provided for in subsections (a) and (b) of this section and in addition
to any compensation or expenses provided for in subsection (d) of this
section or in Sections 4, 5, and 6 of this Act, the tax commissioner
shall receive an expense allowance of $300.00 per annum payable from
the funds of Twiggs County. Such expense allowance shall be paid by
the governing authority of Twiggs County to the tax commissioner at
such times and in such amounts as may be requested by said officer.
(d) The tax commissioner shall be reimbursed for actual and
necessary expenses incurred by said officer in carrying out said
officers official duties outside the county, including attendance at
seminars or other training meetings for county officials. When the
personal automobile of the tax commissioner is used by said officer in
traveling on official business outside the county, said officer shall be
reimbursed for travel expenses at the rate of 20<J: per mile. All
expenses provided for in this subsection shall be paid from the funds
of Twiggs County.
Section 2. Said Act is further amended by striking Sections 4, 5,
and 6 in their entirety and substituting in lieu thereof new Sections 4,
5, and 6 to read as follows:
Section 4. The tax commissioner shall have the authority to
appoint such deputies, clerks, assistants and other personnel as said
officer deems necessary to discharge efficiently and effectively the
official duties of the tax commissioners office. Said officer shall,
from time to time, recommend to the governing authority of said
county the number of such personnel needed by the tax commis-
sioners office, together with the suggested compensation to be paid
each employee. Except as otherwise provided by Section 5 of this Act,
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
3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said office. It shall be within the sole power and authority of the tax
commissioner, during said officers 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 said officers sole discretion.
Section 5. (a) The minimum personnel for the office of tax
commissioner shall be as follows:
(1) Two full-time clerks, each of whom shall be compen-
sated in the amount of $7,900.57 per annum until January 1,1983,
at which time the compensation of each clerk shall be increased to
$8,900.57 per annum; and
(2) One part-time clerk who shall be employed for at least
four months and such additional time as may be determined at the
discretion of the tax commissioner and who shall be compensated
at the rate of $3.52 per hour until January 1, 1983, at which time
such hourly rate shall be increased to $4.00.
(b) The personnel provided for in paragraph (1) of subsection (a)
of this section shall be paid in equal monthly installments from the
funds of Twiggs County. The compensation of the part-time clerk
provided for in paragraph (2) of said subsection (a) shall be paid from
the funds of Twiggs County at such times or pay periods as shall be
determined by the tax commissioner.
(c) The percentage increases in the compensation of the tax
commissioner made on and after January 1, 1984, as provided in
subsection (b) of Section 2 of this Act shall apply to personnel
provided for by this section.
Section 6. The necessary operating expenses of the tax commis-
sioners 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, utili-
ties, uniforms, vehicles and equipment, and the repair, replacement
and maintenance thereof, as may be reasonably required in discharg-
ing 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. Except as otherwise provided in this Act, the determination
of such requirements shall be at the sole discretion of the governing
authority of Twiggs County.
GEORGIA LAWS 1982 SESSION
3695
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing an annual salary for the Tax Commissioner of Twiggs
County, approved February 18, 1977 (Ga. L. 1977, P. 2724); and for
other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 26,1982 & Feb. 2 & 9,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30, 1982.
TWIGGS COUNTY COMPENSATION OF JUDGE
OF PROBATE COURT, ETC.
No. 888 (House Bill No. 1845).
AN ACT
To amend an Act providing an annual salary for the Judge of the
Probate Court of Twiggs County in lieu of the fee system of compen-
sation, approved February 18, 1977 (Ga. L. 1977, p. 2727), so as to
change the provisions relative to the compensation of the judge of the
probate court; to change the provisions relative to personnel for said
officer; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Judge of the
Probate Court of Twiggs County in lieu of the fee system of compen-
sation, approved February 18,1977 (Ga. L. 1977, p. 2727), is amended
by striking Section 2 in its entirety and substituting in lieu thereof a
new Section 2 to read as follows:
Section 2. (a) The judge of the probate court shall receive an
annual salary of $17,088.72 but, effective January 1,1983, said salary
GEORGIA LAWS 1982 SESSION
3697
shall be increased to $18,000.00 per annum. The salary of the judge of
the probate court shall be paid in equal monthly installments from
the funds of Twiggs County.
(b) On and after January 1, 1984, when the governing authority
of Twiggs County grants a cost-of-living increase in the compensation
of county employees, the average percentage by which the compensa-
tion of county employees is increased shall be applied to the then
current salary of the judge of the probate court, and the salary of said
officer shall be increased by such average percentage.
(c) In addition to the compensation of the judge of the probate
court provided for in subsections (a) and (b) of this section and in
addition to any compensation or expenses provided for in subsection
(d) of this section or in Sections 4, 5, and 6 of this Act, the judge of the
probate court shall receive an expense allowance of $300.00 per
annum payable from the funds of Twiggs County. Such expense
allowance shall be paid by the governing authority of Twiggs County
to the judge of the probate court at such times and in such amounts as
may be requested by said officer.
(d) The judge of the probate court shall be reimbursed for actual
and necessary expenses incurred by said officer in carrying out said
officers official duties outside the county, including attendance at
seminars or other training meetings for county officials. When the
personal automobile of the judge of the probate court is used by said
officer in traveling on official business outside the county, said officer
shall be reimbursed for travel expenses at the rate of 20<i: per mile. All
expenses provided for in this subsection shall be paid from the funds
of Twiggs County.
Section 2. Said Act is further amended by striking Sections 4, 5,
and 6 in their entirety and substituting in lieu thereof new Sections 4,
5, and 6 to read as follows:
Section 4. The judge of the probate court shall have the
authority to appoint such deputies, clerks, assistants and other
personnel as said officer deems necessary to discharge efficiently and
effectively the official duties of the office of the judge of the probate
court. Said officer shall, from time to time, recommend to the
governing authority of said county the number of such personnel
needed by the said office, together with the suggested compensation
to be paid each employee. Except as otherwise provided by Section 5
3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of this Act, 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 said officers 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 said officers sole discretion.
Section 5. (a) The minimum personnel for the office of judge of
the probate court shall be as follows:
(1) One full-time clerk, who shall be compensated in the
amount of $7,900.57 per annum until January 1, 1983, at which
time the compensation of such clerk shall be increased to
$8,900.57 per annum; and
(2) One clerk who shall be compensated at the rate of $3.52
per hour until January 1, 1983, at which time such hourly rate
shall be increased to $4.00.
(b) The clerk provided for in paragraph (1) of subsection (a) of
this section shall be paid in equal monthly installments from the
funds of Twiggs County. The compensation of the clerk provided for
in paragraph (2) of said subsection (a) shall be paid from the funds of
Twiggs County at such times or pay periods as shall be determined by
the judge of the probate court.
(c) The percentage increases in the compensation of the judge of
the probate court made on and after January 1, 1984, as provided in
subsection (b) of Section 2 of this Act shall apply to personnel
provided for by this section.
Section 6. 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, and equipment, and the repair, replacement
and maintenance thereof, as may be reasonably required in discharg-
ing 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. Except as otherwise provided in this Act, the determination
of such requirements shall be at the sole discretion of the governing
authority of Twiggs County.
GEORGIA LAWS 1982 SESSION
3699
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
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
Twiggs County, approved February 18, 1977 (Ga. L. 1977, P. 2727);
and for other purposes.
This 26th day of January, 1982.
Kenneth W. Birdsong
Representative,
103rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth W. Birdsong who, on oath,
deposes and says that he/she is Representative from the 103rd
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Twiggs County New Era
which is the official organ of Twiggs County, on the following dates:
Jan. 26,1982 & Feb. 2 & 9,1982.
/s/ Kenneth W. Birdsong
Representative,
103rd District
3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 30, 1982.
HARALSON COUNTY COMPENSATION OF
COUNTY COMMISSIONER.
No. 889 (House Bill No. 1890).
AN ACT
To amend an Act creating the office of County Commissioner of
Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3933), so as to change the compensation of the County Commis-
sioner of Haralson County; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of County Commissioner of
Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3933), is amended by striking from subsection a. of Section 13 the
following:
twenty-four thousand dollars ($24,000.00),
and inserting in lieu thereof the following:
GEORGIA LAWS 1982 SESSION
3701
twenty-eight thousand dollars ($28,000.00),
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-eight thousand dollars
($28,000.00) 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to change the
compensation of the commissioner of Haralson County; and for other
purposes.
This 18th day of January, 1982.
Jim F. Smith
Affidavit.
Georgia.
Haralson County.
To Whom It May Concern:
3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune legal organ for Haralson
County. The following dates, to-wit: January 21, and 28 and February
4,1982.
Sworn to on the 18th day of February, 1982.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed to before me,
on the 18th day of February, 1982.
/s/ Linda Spence
Notary Public
(Seal).
Approved March 31, 1982.
HABERSHAM COUNTY TAX COMMISSIONER,
SALARY, VACANCIES, ETC.
No. 890 (House Bill No. 1964).
AN ACT
To amend an Act creating the office of tax commissioner of
Habersham County, approved February 5,1952 (Ga. L. 1952, p. 2045),
as amended, so as to change the salary of the tax commissioner, the
method of filling vacancies in office, and the required hours of
operation of the tax commissioners office; to provide for audits of the
tax commissioners office; to provide for all related matters; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
3703
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Habersham County, approved February 5,1952 (Ga. L. 1952, p. 2045),
as amended, is amended by replacing Section 3 with a new section to
read as follows:
Section 3. The salary of the tax commissioner shall be in the
amount prescribed by the general minimum salary law for tax com-
missioners. The tax commissioner is authorized to employ a deputy
tax commissioner and other personnel, but the number of such
employees and their compensation shall be subject to approval by the
county governing authority. All salaries shall be paid in equal
monthly installments from funds of Habersham County.
Section 2. Said Act is further amended by replacing Section 5
with a new section to read as follows:
Section 5. Any vacancy in the office of tax commissioner shall be
filled as provided in this section. The probate judge shall appoint a
qualified person to act as tax commissioner until the next election
held more than 30 days after the vacancy occurs and until January 1
following that election, but in no event beyond the end of the term in
which the vacancy occurred. If any portion of the original term will
remain unexpired after said first day of January, a person to fill the
unexpired term shall be elected at the election immediately preceding
said first day of January. As used in this section, the term election
means any regularly scheduled election for the election of one or more
members of the Habersham County governing authority.
Section 3. Said Act is further amended by replacing Section 6
with a new section to read as follows:
Section 6. The tax commissioner shall have his office in the
county courthouse. He shall not be required to make any rounds to
receive tax returns or payments; but he shall keep his office open for
the transaction of business at least 40 hours a week. During the period
of February 1 through March 31 of each year, at least four of said 40
hours shall be on Saturday of each week.
Section 4. Said Act is further amended by adding a new Section
8.1 to read as follows:
3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8.1. A complete audit of all records and affairs of the tax
commissioners office shall be performed during the final year of the
term of office of each tax commissioner. The person or firm to
perform the audit shall be selected by the grand jury; and the expense
of the audit shall be paid from county funds. All funds collected or
held by the tax commissioner shall be deposited in one or more
interest-bearing demand accounts; and interest earned shall be paid
to the county and the county school district in proportion to their
shares of the principal deposits.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
consolidating the offices of tax receiver and tax collector into the
office of tax commissioner of Habersham County, approved February
5,1952 (Ga. L. 1952, p. 2045), as amended; and for other purposes.
This 19th day of February, 1982.
Bill Dover
Representative,
11th District
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: Feb. 25,1982 & March
4 & 11,1982.
GEORGIA LAWS 1982 SESSION
3705
/s/ Bill Dover
Representative,
11th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved March 31, 1982.
CLARKE COUNTY MEMBERS, ETC. OF
HOSPITAL AUTHORITY.
No. 891 (House Bill No. 1674).
AN ACT
To provide for members of the board of the hospital authority of
Clarke County; to provide for the appointment of members, their
terms, and qualifications; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The board of the hospital authority of Clarke County
shall consist of nine members. The seven persons who are serving as
members of that board on the effective date of this Act, pursuant to
appointments under a resolution adopted by the board of commis-
sioners of Clarke County, Georgia, on April 5,1960, shall continue to
serve for the remainder of the terms to which they were appointed
and until their successors are appointed and qualified in accordance
3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with the provisions of this Act. Following the effective date of this
Act, the governing authority of Clarke County shall appoint two
additional members of the board of the hospital authority of Clarke
County for terms expiring on the last day of February, 1986. Before
the expiration of the term of each member, which term expires after
the effective date of this Act, the governing authority of Clarke
County shall appoint a successor for a term of four years, beginning
on March 1 following the expiration of his or her predecessors term
and until his or her successor is appointed and qualifies. No person
shall be eligible for appointment unless he or she is a resident of
Clarke County and unless he or she has not served as a member of the
board of the hospital authority of Clarke County within the 12
months immediately preceding the commencement of his or her term
of office.
Section 2. This Act is enacted pursuant to authority contained
in Georgia Code Section 88-1803, as amended, pertaining to boards of
hospital authorities in existence prior to March 15,1964.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in
the 1982 Session of the General Assembly of Georgia to provide for
certain matters pertaining to the Board of the Hospital Authority of
Clarke County, Georgia and for other purposes.
This 28th day of January, 1982.
Board of Commissioners
of Clarke County, Georgia
GEORGIA LAWS 1982 SESSION
3707
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hugh Logan who, on oath, deposes
and says that he/she is Representative from the 62nd 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: Jan. 28,1982 & Feb. 4,
11,1982.
/s/ Hugh Logan
Representative,
62nd District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 6, 1982.
THE METROPOLITAN ATLANTA RAPID TRANSIT
AUTHORITY ACT OF 1965 AMENDED.
No. 895 (House Bill No. 1488).
AN ACT
To amend an Act known as The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1965, p. 2243), as amended by an Act approved March 4,1966 (Ga. L.
1966, p. 3264), an Act approved March 16,1971 (Ga. L. 1971, p. 2082),
an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act
approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved
March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21,
1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L.
1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p.
217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act
approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved
March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31,
1976 (Ga. L. 1976, p. 3407), an Act approved March 23, 1977 (Ga. L.
1977, p. 724), an Act approved March 30,1977 (Ga. L. 1977, p. 1211),
an Act approved April 8,1977 (Ga. L. 1977, p. 1312), an Act approved
April 16,1979 (Ga. L. 1979, p. 4634), an Act approved March 25,1980
(Ga. L. 1980, p. 3831), an Act approved March 27,1980 (Ga. L. 1980,
p. 4333), and an Act approved April 7,1981 (Ga. L. 1981, p. 4289), so
as to empower the Authority, without the necessity for competitive
bidding, to enter into lease agreements under Section 168(f)(8) of the
Internal Revenue Code of 1954 concerning qualified mass commuting
vehicles as defined in said Code; to provide for other matters relative
to the foregoing and relative to the general purposes of this Act; to
repeal conflicting laws; to provide an effective date; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended by an Act approved March 4,1966 (Ga. L.
1966, p. 3264), an Act approved March 16,1971 (Ga. L. 1971, p. 2082),
an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act
approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved
March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21,
1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L.
1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p.
217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act
approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved
March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31,
1976 (Ga. L. 1976, p. 3407), an Act approved March 23, 1977 (Ga. L.
1977, p. 724), an Act approved March 30,1977 (Ga. L. 1977, p. 1211),
an Act approved April 8,1977 (Ga. L. 1977, p. 1312), an Act approved
April 16,1979 (Ga. L. 1979, p. 4634), an Act approved March 25,1980
(Ga. L. 1980, p. 3831), an Act approved March 27, 1980 (Ga. L. 1980,
GEORGIA LAWS 1982 SESSION
3709
p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is
hereby amended by adding at the end of Section 8 a new subsection
(q), to read as follows:
(q) The power, at any time subsequent to January 1, 1982, to
enter into, without the necessity for competitive bidding and on the
same basis as a private corporation, lease agreements under Section
168(f)(8) of the Internal Revenue Code of 1954 as now or hereafter
amended (or any similar or successor provision thereto) concerning
qualified mass commuting vehicles as defined in said Code.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Section 3. 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
1982 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, 1981.
John W. Greer
Representative,
43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer who, on oath, deposes
and says that he/she is Representative from the 43rd District, and
that the attached copy of Notice of Intention to Introduce Local
3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: December
28,1981, January 4 and 11,1982.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 18th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan 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, 1981.
John W. Greer
Representative,
43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer who, on oath, deposes
GEORGIA LAWS 1982 SESSION
3711
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 31,1981, January 7 and 14,1982.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 18th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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, 1981.
/s/ John W. Greer
Representative,
43rd District
3712 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 Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: December 31,
1981, January 8 and 15,1982.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 18th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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, 1981.
GEORGIA LAWS 1982 SESSION
3713
John W. Greer
Representative,
43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer who, on oath, deposes
and says that he/she is Representative from the 43rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Clayton News Daily which is the
official organ of Clayton County, on the following dates: January 12,
19 and 26,1982.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 18th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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.
3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 8th day of December, 1981.
/s/ John W. Greer
Representative,
43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer who, on oath, deposes
and says that he/she is Representative from the 43rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: December
31,1981, January 7 and 14,1982.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 18th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3715
WORTH COUNTY BOARD OF COMMISSIONERS.
No. 897 (House Bill No. 1718).
AN ACT
To amend an Act creating a board of commissioners of roads and
revenues of Worth County, approved August 15,1904 (Ga. L. 1904, p.
296), as amended, so as to provide for commissioner districts for the
election of commissioners; to provide for the existing board; to
provide for the nomination and election of members of the board; to
provide for certain qualifications; to provide for the election of the
chairman of the board of commissioners; 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 creating a board of commissioners of roads
and revenues of Worth County, approved August 15, 1904 (Ga. L.
1904, p. 296), as amended, is amended by striking Section 2 of said
Act in its entirety and inserting in lieu thereof a new Section 2 to read
as follows:
Section 2. (a) Effective January 1,1984, for purposes of electing
the chairman and members of the board of commissioners of Worth
County, there shall be five Commissioner Districts to be designated
Districts 1 through 5, and one commissioner shall be elected from
each District. District 5 shall consist of the entire County of Worth.
For the purpose of electing the four remaining commissioners, Worth
County shall be divided into Commissioner Districts as follows:
District No. 1
Worth
Tract 9902
Those parts of Blocks 240 and 241 inside
the City of Sylvester
Blocks 242 through 290
Those parts of Blocks 291 and 292 inside
the City of Sylvester
Tract 9903
Blocks 101 through 123
3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Those parts of Blocks 126 and 129 inside
the City of Sylvester
Blocks 130 through 172 and 174 through 176
Those parts of Blocks 177 and 211 inside
the City of Sylvester
Blocks 212 through 220
That part of Block 221 inside the City of
Sylvester
Tract 9904
Blocks 235 through 239
That part of Block 240 inside the City of
Sylvester
Blocks 241 through 281
That part of Block 282 inside the City of
of Sylvester
District No. 2
Worth
Tract 9901
Blocks 234 through 246, 256 through 261,
264, 265, 271 through 299, 301 through
317, 319 through 335, and 337 through
399
Block Group 4
Tract 9904
Block Group 1
Blocks 201 through 205, 207 through 232,
and 234
Those parts of Blocks 240 and 282 outside
the City of Sylvester
Blocks 283 through 299, 301 through 314,
335, 336, 342, and 344
District No. 3
Worth
Tract 9901
Block Group 1
Blocks 201 through 233, 247 through 255,
262, 266 through 270, and 318
Tract 9902
Block Group 1
Blocks 202 through 239
GEORGIA LAWS 1982 SESSION
3717
Those parts of Blocks 240, 241, 291, and
292 outside the City of Sylvester
Blocks 293 through 299
Block Group 3
District No. 4
Worth
That part of Tract 9903 outside the City of
Sylvester
Tract 9904
Blocks 315 through 317, 319 through 321,
323 through 334, 337 through 341, 343,
and 345 through 392
Block Groups 4 and 5
(b) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of Worth County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(c) Members of the board of commissioners in office on January
1,1984, shall serve until the expiration of the term of office for which
they were elected and until their successors are elected and qualified
as provided in Section 3.
Section 2. Said Act is further amended by striking Section 3 of
said Act in its entirety and inserting in lieu thereof a new Section 3 to
read as follows:
3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. (a) (1) At the primary and general elections held
in 1984 at which members of the board of commissioners are
elected, members of the board shall be elected from Districts 1 and
5. Such members shall be the successors to those members of the
previous board whose terms expire December 31,1984.
(2) At the primary and general elections held in 1986 at
which members of the board of commissioners are elected, mem-
bers of the board shall be elected from Districts 2, 3, and 4. Such
members shall be the successors to those members of the previous
board whose terms expire on December 31,1986.
(b) Members elected pursuant to the provisions of subsection (a)
shall take office on the first day of January following their election
and shall serve for terms of office of four years and until their
successors are elected. Successors shall be elected at the general
election immediately preceding the expiration of the respective terms
of office and shall take office on the first day of January immediately
following their election and shall serve for terms of four years and
until their successors are elected and qualified.
(c) No person shall be eligible as a candidate for election to the
board unless he shall have been a bona fide resident of the district for
which such is offering at least one year immediately preceding the
date of the election. Candidates shall be elected by a majority vote of
the qualified voters within their respective districts. All members
shall be nominated and elected in accordance with the general
election laws of the state.
(d) The board of commissioners of Worth County created in this
section shall be the successor to all the rights, powers, duties, and
obligations of the heretofore existing board of commissioners and
shall be subject to all constitutional and statutory provisions relating
to boards of commissioners of counties.
(e) Until January 1, 1987, the board of commissioners of Worth
County shall be the board whose members were elected under previ-
ous law and their successors who are elected as provided in this
section. Thereafter, the board of commissioners shall be the board
whose members are elected under the provisions of this section.
Section 3. Said Act is further amended by striking the first
undesignated subsection of Section 12 of said Act and by striking
GEORGIA LAWS 1982 SESSION
3719
subsection (C) of Section 12 of said Act and inserting in lieu thereof a
new subsection (C) to read as follows:
(C) (1) At the first meeting in January in 1983, the members
of the board of commissioners shall select a chairman of the board
from among their members. The member so selected shall serve as
chairman until December 31,1984. Effective January 1, 1985, the
member of the board of commissioners elected from District 5
shall be the chairman of the board of commissioners of Worth
County.
(2) At the first meeting in January in 1983 and at the first
meeting in January every two years thereafter, the members of the
board of commissioners shall select a vice-chairman from among
their members. The vice-chairman shall act and perform all of the
duties of the chairman in the event the chairman is absent,
disqualified, or unable to serve.
(3) The chairman or vice-chairman when serving shall be
the executive officer of the board and shall preside at all meetings
and shall ensure that all orders, rules, regulations, and other
enactments of the board are duly executed.
Section 4. After the approval of this Act by the Governor or it
otherwise becomes law without his approval, it shall be the duty of the
election superintendent of Worth County to issue the call for an
election for the purpose of submitting this Act to the electors of
Worth County for approval or rejection. The election superintendent
shall set the date of such election to coincide with the date of the
general primary election to be held in 1982. The election superinten-
dent shall issue the call for such election at least 30 days prior to the
date thereof.
( ) YES Shall the Act providing for com-
( ) NO missioner districts and providing
for the election of the members
and chairman of the board of com-
missioners 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
3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Worth County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a board of commissioners of roads and revenues of Worth
County, approved August 15,1904 (Ga. L. 1904, p. 296), as amended;
and for other purposes.
This 18th day of January, 1982.
J. R. Odom, Chairman
Worth County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Earlene 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: Jan. 21,28,
1982 & Feb. 4,1982.
GEORGIA LAWS 1982 SESSION
3721
/s/ Earlene Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 22nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CLAYTON COUNTY WATER AUTHORITY ACT
AMENDED.
No. 899 (House Bill No. 1720).
AN ACT
To amend an Act creating the Clayton County Water Authority,
approved March 7,1955 (Ga. L. 1955, p. 3344), as amended, particu-
larly by an Act approved April 5,1961 (Ga. L. 1961, p. 3130), so as to
change the compensation of the chairman and other members of the
authority; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Clayton County Water Author-
ity, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended,
particularly by an Act approved April 5,1961 (Ga. L. 1961, p. 3130), is
amended by striking from Section 4 the following:
3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The chairman shall be compensated in the sum of $100.00 per
month, the secretary $75.00 per month, and each of the other mem-
bers $50.00 per month which shall be payable out of the earnings of
the authority.,
and by designating the remaining provisions of Section 4 as subsec-
tion (a) thereof and by adding at the end of Section 4 a new subsection
(b) to read as follows:
(b) The chairman shall be compensated in the amount of
$150.00 per month and each of the other members shall be compen-
sated in the amount of $100.00 per month. Such compensation shall
be paid from the earnings of the authority.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Clayton County Water Authority, approved March 7,
1955 (Ga. L. 1955, p. 3344), as amended; and for other purposes.
This 18th day of January, 1982.
Clayton County
Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
GEORGIA LAWS 1982 SESSION
3723
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, Jonesboro which
is the official organ of Clayton County, on the following dates: Feb. 2,
9 & 16,1982.
/s/ Rudolph Johnson
Representative,
72nd District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CLAYTON COUNTY CIVIL SERVICE
SYSTEM ACT AMENDED.
No. 900 (House Bill No. 1721).
AN ACT
To amend an Act known as the Clayton County Civil Service
System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 4056), so as to change the provisions relating to the compensation
of the members of the civil service board; to provide an effective date;
to repeal conflicting laws; and for other purposes.
3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Clayton County Civil Service
System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 4056), is amended by striking subsection (c) of Section 3 in its
entirety and substituting in lieu thereof a new subsection (c) to read
as follows:
(c) Members of the civil service board shall be paid the sum of
$50.00 per diem for time actually devoted to the business of the board,
not exceeding 25 days in any calendar 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
known as the Clayton County Civil Service System Act, approved
April 2, 1963 (Ga. L. 1963, p. 2747), as amended; and for other
purposes.
This 18th day of January, 1982.
Clayton County
Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rudolph Johnson who, on oath,
GEORGIA LAWS 1982 SESSION
3725
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, Jonesboro which
is the official organ of Clayton County, on the following dates: Feb. 2,
9 & 16,1982.
/s/ Rudolph Johnson
Representative,
72nd District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STATE COURT OF COBB COUNTY ACCUSATIONS.
No. 901 (House Bill No. 1727).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, so as to
eliminate the requirement that accusations in criminal cases be based
upon affidavit, except in cases where the defendant has not been
previously arrested in conjunction with the transaction charged in the
accusation and the accusation is to be used as the basis for the
issuance of a warrant for the arrest of the defendant; to provide an
effective date; to repeal conflicting laws; and for other purposes.
3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is
amended by striking subsection (b) of Section 12 which reads as
follows:
(b) All prosecutions in criminal cases instituted in the Civil and
Criminal Court of Cobb County shall be by written accusation made
by the solicitor or assistant solicitor, based upon affidavit setting
forth plainly the offense charged in terms of law, upon which shall be
entered the name of the prosecutor.,
and substituting in lieu thereof a new subsection (b) of Section 12 to
read as follows:
(b) All prosecutions in criminal cases instituted in the State
Court of Cobb County shall be by written accusation framed and
signed by the prosecuting attorney of such court. The accusation
need not be supported by an affidavit except in those cases where the
defendant has not been previously arrested in conjunction with the
transaction charged in the accusation and the accusation is to be used
as the basis for the issuance of a warrant for the arrest of the
defendant.
Section 2. This Act is intended to be declaratory of existing law,
as specified by Code Section 27-705, and the passage of this Act shall
not be construed to imply that the law was otherwise prior to its
passage. In the event that this section is construed not to be declara-
tory of existing law, however, it is the intention of the General
Assembly to amend the existing law as set forth in this Act.
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
repealed.
GEORGIA LAWS 1982 SESSION
3727
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 31st day of Dec. 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: Jan. 15,22 & 29,
1982.
/s/ George W. Darden
Representative,
19th District
3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
BIBB COUNTY COMMISSIONER
DISTRICTS, ETC.
No. 902 (House Bill No. 1731).
AN ACT
To amend an Act establishing a board of commissioners of Bibb
County, approved February 6,1873 (Ga. L. 1873, p. 219), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3737),
so as to change the provisions relating to commissioner districts; 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 establishing a board of commissioners of Bibb
County, approved February 6,1873 (Ga. L. 1873, p. 219), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3737),
is amended by replacing subsection (a) of Section 1 with a new
subsection to read as follows:
(a) There is created the board of commissioners of Bibb County
to be elected as provided in this section. For the purpose of electing
members of the board, Bibb County is divided into four commissioner
districts as follows:
GEORGIA LAWS 1982 SESSION
3729
Commissioner District No. 1
Bibb
Tract 101
Block Groups 1 and 2
Tract 104
Blocks 103, 104, 109, 111, 112,
117, 118, 123, 124, 126,
and 129 through 131
Tracts 105 through 109, 111, and 112
Tract 113
Blocks 119, 120, and 125
Block Groups 2, 3, and 9
Tracts 114 and 115
Tract 116
Block Group 1
That part of Block 201 inside
the City of Macon
Blocks 202 through 213
That part of Blocks 214, 215, and 301
inside the City of Macon
Blocks 302 through 304, 311, 317 through
338, 401, 404 through 414, and 416
Block Group 9
Tract 117.02
Tract 127
Block Groups 1 and 2
Block 328
Tracts 133.01 and 133.02
Commissioner District No. 2
Bibb
Tract 101
Block Groups 3 through 7
Tract 102
Block Group 1
Blocks 201 and 202
Tract 103
Tract 104
Blocks 113, 114, 116, 119, 120 through
122, 127, 132, and 133
Block Groups 2 through 6
Tract 116
That part of Blocks 201, 214, 215,
and 301 outside the City of Macon
3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 402, 403, 426, and 427
Tract 122
Blocks 105, 107, and 108
Block Groups 2 and 3
Tract 123
That part of Block 101 inside the
City of Macon
Blocks 111 through 116
Block Groups 2 through 5
Blocks 601 and 602
Tract 124
Blocks 205, 206, and 208 through 220
Block Groups 3 and 4
Tract 125
Tract 126
Block Groups 1 and 2
Blocks 301 through 311
Block Group 5
Block 901
Tract 127
Blocks 301 through 309, 311 through
321, 323, and 330 through 332
Tract 128
Tract 130 C
Blocks 101 through 124, 201
through 204, 904 through 906,
and 908 through 910
Tract 132.01
Blocks 112 through 127
Tract 132.02
Blocks 202 through 212, 220, and 221
Commissioner District No. 3
Bibb
Tract 102
Blocks 203 through 205, 207 through
212, 214, and 215
Block Groups 3 and 4
Tract 110
Tract 113
Blocks 111, 112, 114, 115, 118, 121
through 124, 126, and 127
Tracts 117.01 and 118 through 121
Tract 122
GEORGIA LAWS 1982 SESSION
3731
Blocks 101 through 103 and 109
through 117
Tract 123
That part of Block 101 outside the
City of Macon
Blocks 102 through 106, 118, 119,
603 through 620, 622, and 623
Tract 124
Block Group 1
Blocks 201 through 204
Tract 134.01
Tract 134.02
Except Block 913
Tract 136.01
Blocks 301, 302, and 316
Block Group 4
Commissioner District No. 4
Bibb
Tract 126
Blocks 312 through 323
Block Group 4
Blocks 903 and 904
Tract 129
Tract 130
Blocks 125 through 128, 205 through
208, 901 through 903, and 907
Tracts 131.01 and 131.02
Tract 132.01
Blocks 101 through 109
Block Groups 3 and 9
Tract 132.02
Blocks 213 through 218
Block Group 3
Tract 134.02
Block 913
Tracts 135.01 and 135.02
Tract 136.01
Block Groups 1 and 2
Blocks 303 through 315, 317 through
324, and 334 through 340
Tract 136.02
3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) For the purposes of this subsection:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any commissioner district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of Bibb County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to redistrict
the County of Bibb for the election of four (4) County Commissioners
using Census Data of 1980.
This 21st day of December, 1981.
Frank Pinkston
Representative,
District 100
GEORGIA LAWS 1982 SESSION
3733
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: Dec. 25,1981 &
Jan. 1 & 8,1982.
/s/ Frank Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
HENRY COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 903 (House Bill No. 1739).
AN ACT
To amend an Act creating a Small Claims Court in and for Henry
County, approved April 7,1976 (Ga. L. 1976, p. 4463), as amended, so
3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as to provide for the election of the judge of the court; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court in and for
Henry County, approved April 7, 1976 (Ga. L. 1976, p. 4463), as
amended, is amended by striking Section 2 of said Act in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. (a) Any person elected as a judge of the Small Claims
Court created by this Act must be a resident of Henry County, at least
twenty-two years of age and must be a person of outstanding charac-
ter 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 2. Said Act is further amended by striking Section 18 of
said Act in its entirety and inserting in lieu thereof a new Section 18 to
read as follows:
Section 18. (a) The judge of the Small Claims Court who is in
office on May 1, 1982, shall serve until December 31,1982, and until
his successor is elected and qualified as provided in subsection (b).
(b) (1) At the primary and general elections held in 1982 at
which county officers are elected, the electors of Henry County
shall nominate and elect the judge of the Small Claims Court. The
judge so elected shall take office on the first day of January, 1983,
and shall serve for a term of office of four years and until his
successor is elected and qualified. Thereafter, all judges shall be
nominated and elected in the primary and general elections held
in the year the term of office expires. Successors shall take office
on the first day of January following their election and shall serve
for a term of office of four years and until their successors are
elected and qualified.
(2) All nominations and elections shall be held in accord-
ance with the provisions of the general election laws of the state.
GEORGIA LAWS 1982 SESSION
3735
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
A Notice is given that there will be introduced at the 1982 session
of the General Assembly of Georgia a Bill to amend an Act establish-
ing a Small Claims Court in and for Henry County, approved April 17,
1976 (Ga. Laws 1976, p. 4463) as amended; and for other purposes.
This 22 day of January, 1982.
G. Richard Chamberlin
State Representative,
73rd District
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: Jan. 27,1982 & Feb. 3,
10,1982.
/s/ G. Richard Chamberlin
Representative,
73rd District
3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 22nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
HART COUNTY TAX COMMISSIONER PLACED
ON SALARY BASIS.
No. 904 (House Bill No. 1740).
AN ACT
To amend an Act creating the office of tax commissioner of Hart
County, approved March 4,1935 (Ga. L. 1935, p. 687), as amended, so
as to place the tax commissioner on an annual salary in lieu of the
salary plus commission system of 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 creating the office of tax commissioner of Hart
County, approved March 4,1935 (Ga. L. 1935, p. 687), as amended, is
amended by striking Section 6 in its entirety and inserting in lieu
thereof a new Section 6 to read as follows:
Section 6. (a) The tax commissioner 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. L. 1971, p. 380), as now or hereafter
amended. This salary shall be payable in equal monthly installments
from the funds of Hart County.
GEORGIA LAWS 1982 SESSION
3737
(b) 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. L. 1955, p. 659), as amended, relating to
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 Department, 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.
(c) The tax commissioner is authorized to appoint or employ
such assistants or clerical help as the governing authority of Hart
County shall determine. The compensation of said assistants or
clerical help shall be fixed by said 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
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that a bill to change the manner of
compensation of the tax commissioner of Hart County from a fee
basis to a salary will be introduced into local legislation during the
1982 session.
M. Parks Brown
Senator,
District 47
Billy Milford
Representative,
District 13, Post 2
3738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: Feb. 4,11 & 18,1982.
/s/ Billy Milford
Representative,
13th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CIVIL COURT OF RICHMOND COUNTY
COSTS, ETC.
No. 905 (House Bill No. 1741).
AN ACT
To amend an Act relating to the Civil Court of Richmond County,
approved August 28,1931 (Ga. L. 1931, p. 270), as amended, particu-
larly by an Act approved March 21,1974 (Ga. L. 1974, p. 2410), so as
GEORGIA LAWS 1982 SESSION
3739
to change provisions relative to costs and fees and deposits of costs; 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 relating to the Civil Court of Richmond
County, approved August 28,1931 (Ga. L. 1931, p. 270), as amended,
particularly by an Act approved March 21, 1974 (Ga. L. 1974, p.
2410), is amended by replacing Section 29 with a new section to read
as follows:
Section 29. From and after the passage of this Act, it shall be
necessary for the Plaintiff, before or at the time of instituting any civil
proceeding in said court to deposit with the Clerk of said court the
sum of $14.00 upon the costs that will accrue therein; provided,
nevertheless, if any plaintiff who may desire to institute any action in
said court is unable from poverty to make the said costs deposits, he
may make an affidavit to that effect and file the same with the
proceeding sought to be sued out or instituted; whereupon it shall be
the duty of the officers of said court to proceed with said matter as
though said deposit had been paid. Provided, nevertheless, that the
clerk of said court shall not be required to file any proceedings in
which the plaintiff is a nonresident and the amount involved, or the
property in controversy, does not exceed $500.00, until $14.00 shall
have been deposited with the Clerk, of the amount involved, or the
property in controversy, exceeds $500.00, until $24.00 shall have been
deposited with the Clerk, on account of costs. The court at any stage
of such cause, on motion of the clerk, shall require such additional
deposit as the case may require. If the case be withdrawn or
dismissed, or if, upon final judgment, the deposit exceeds the amount
of the cost taxable by law, the clerk shall refund to the depositor the
excess.
Section 2. Said Act is further amended by replacing Section 36
with a new section to read as follows:
Section 36. The scale of costs to be collected by the officers of
the civil court of Richmond County, Georgia, shall be graduated and
divided according to classifications as follows:
(a) In all cases the costs to be charged and collected by the
officers of said court shall be as set out in the following schedule:
3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Each original summons.............................$ 7.00
Each copy of summons............................ 6.00
Filing amendments and subsequent pleadings........ 2.00
Seal...............................................50
Affidavit and bond to obtain attachment and issuing and
filing same.................................... 15.00
Entering judgment in each case.................. 1.00
Trial of each case when same is litigated......... 5.00
Docketing each case............................. 1.00
Each witness sworn.................................50
Issuing each execution.......................... 2.00
Each subpoena for witness....................... 3.00
Issuing each distress warrant and filing same... 7.00
Each affidavit when a case is pending..............75
Presiding at trial of forcible entry and detainer. 5.00
Answering every writ of certiorari to superior court. 5.00
Presiding at trial of right-of-way case......... 5.00
Issuing rule to establish lost papers........... 2.00
Trying the same................................. 5.00
Presiding at trial of nuisance case............. 5.00
Witnessing any paper............................ 1.00
Affidavit and bond to obtain prejudgment garnishment
and filing...................................... 7.00
GEORGIA LAWS 1982 SESSION
3741
Issuing summons of garnishment................... 7.00
Each additional copy of summons.................. 6.00
Settling case before judgment.................... 1.00
Claim affidavit and bond......................... 1.50
Trying same...................................... 5.00
Certifying transcript............................ 1.50
Issuing order to sell perishable property....... 5.00
Each lien foreclosure and docketing same......... 6.00
Each order issued by the court................... 2.00
Each case tried by jury......................... 10.00
Backing fieri facias............................. 1.00
Each criminal warrant issued...................... 5.00
Serving summons of attachment.................... 7.00
Each return of officer........................... 2.00
Serving each copy of summons..................... 6.00
Summoning each witness........................... 3.00
Attending court, for each judgment rendered marchals
cost............................................ 2.00
Levying fieri facias............................. 5.00
Settling fieri facias when property not sold..... 1.50
Returning nulla bona............................. 5.00
Collecting executions issued by coroners
1.50
3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Keeping or storage of any motor vehicle, not to exceed
the actual expenses incurred
For removing and/or storing property and keeping and
feeding animals, the costs shall be the actual expense
incurred.
All sales made by marshal, amount on sales commission..
61/4%
Executing Bill of Sale to personal property, when
demanded by purchaser........................ 8.00
Serving rule to establish lost paper............ 2.00
Every additional copy..............................75
Serving court................................... 2.00
Each additional copy...............................75
Following property out of county, going and returning
per mile...........................................20
Levying each distress warrant................... 6.00
Each advertisement.............................. 5.00
Taking bond in civil cases...................... 5.00
Taking bond in criminal cases................... 2.50
Serving summons of garnishment.................. 7.00
Each additional summons including defendant..... 6.00
For hauling or drayage in handling of any property
seized by virtue of process from court, not to exceed
$6.00 per hour for use of any vehicle used in hauling
or drayage, and $2.00 per hour for labor. For towing
or wrecker service for motor vehicle seized under
legal process, not to exceed $2.00 per mile, minimum
charge for any vehicle seized within Richmond
County, not to exceed actual cost incurred.
GEORGIA LAWS 1982 SESSION
3743
(b) The costs to be taxed in said court in criminal warrants,
peace warrants, and search warrants shall be the same as those fixed
by law.
(c) In dispossessory warrants, distress warrants, and proceed-
ings to eject intruders, the costs shall be $7.00 for the clerk for issuing
and $7.00 for the marshal for serving the summonses, and other costs
shall be the same as justice of the peace court costs. Said $14.00 shall
be deposited with the Clerk at time of filing and issuing of said
summons.
(d) In all other cases not herein specifically provided for, the
costs to be taxed by the clerk shall be the same as provided by law.
The marshals costs for advertising personal property shall be $5.00.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a Bill to amend an
Act creating the Civil Court of Richmond County, Georgia, (Georgia
Laws of 1974 pages 2410 et seq. as amended and by Georgia Laws of
1980, pages 3533, et seq. so as to provide for the cost of filing,
processing, and serving all suits, warrants and statutory proceedings;
to provide an effective date; to repeal any conflicting laws; and for
other purposes.
This 11th day of January, 1982.
3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
J. Bacheller Flythe
Chief Judge, Civil Court
Richmond County, Georgia
Oliver K. Mixon
Associate Judge, Civil Court
Richmond County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, 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: Jan. 15, 22, & 29,
1982.
/s/ Sam G. Nicholson
Representative,
88th District
Sworn to and subscribed before me,
this 22nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3745
CITY OF LaGRANGE CORPORATE LIMITS.
No. 906 (House Bill No. 1744).
AN ACT
To amend an Act creating a new charter for the City of LaGrange
in the County of Troup, approved March 8, 1968 (Ga. L. 1968, p.
2191), as amended, so as to extend and increase the corporate limits of
the City of LaGrange; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
LaGrange in the County of Troup, approved March 8, 1968 (Ga. L.
1968, p. 2191), as amended, is amended by adding a new subpara-
graph (16) after subparagraph (15) of Paragraph (a) of Appendix I,
Boundaries of the City of LaGrange, Georgia, as follows:
(16) 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 lying and being in Land Lots 19,20,
76, and 77 of the 5th Land District of Troup County, Georgia, and
described as follows:
Starting at a point on the South margin of Cameron Mill Road
(50-foot right of way) at the existing city limits having Georgia Plane
Coordinates of North 1,115,648.67 and East 219,588.48; run thence in
a westerly direction and following the South margin of Cameron Mill
Road (50-foot right of way) a distance of 1655 feet, more or less, to the
common line of Land Lots 20 and 77 (note the right of way of
Cameron Mill Road changes at this point from 50 feet to 80 feet); run
thence in a Southerly direction along the common line of Land Lots
20 and 77 South 01 degree 44 55 West for a distance of 1803.18 feet
to the Southeast corner of Land Lot 77 having Georgia Plane Coordi-
nates of North 1,113,701.59 and East 217,909.74; continue thence
South 01 degrees 44 56 West for a distance of 41.81 feet to the U. S.
Government acquisition line of the West Point Reservoir; run thence
North 47 degrees 30 49 West for a distance of 122.66 feet to a point;
3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
run thence South 26 degrees 01 03 West for a distance of 303.14 feet
to a point; run thence North 56 degrees 20 17 West for a distance of
269.40 feet to a point on the government acquisition line and the
South margin of Baywood Circle (50-foot right of way); run thence in
a westerly direction and following the South margin of Baywood
Circle a chord bearing of South 71 degrees 46 West a chord distance
of 28.53 feet and an arc distance of 28.87 feet to a point on the South
margin of Baywood Circle and the U. S. Government acquisition line;
run thence South 42 degrees 14 02 West for a distance of 345.77 feet
to Corner Number 548700; run thence South 60 degrees 38 East for a
distance of 66.20 feet to Corner Number 548701; run thence South 57
degrees 46 West for a distance of 344.42 feet; run thence North 13
degrees 59 West for a distance of 299.14 feet; run thence North 39
degrees 47 East for a distance of 84.88 feet; run thence North 61
degrees 00 West for a distance of 566.77 feet to Corner Number
548900; run thence South 05 degrees 54 West for a distance of 204.87
feet to Corner Number 549000; run thence South 42 degrees 36 West
for a distance of 120.11; run thence North 43 degrees 21 West for a
distance of 618.86 feet; run thence South 82 degrees 30 West for a
distance of 249.47 feet to Corner Number 549101; run thence North
38 degrees 05 West for a distance of 216.89 feet to Corner Number
549102; run thence North 28 degrees 09 East for a distance of 164.11
feet to Corner Number 549200; run thence North 11 degrees 02 32
West for a distance of 292.75 feet along the rear of Lots 6 and 7 of
Willowcrest Subdivision; run thence North 56 degrees 07 40 East for
a distance of 572.85 feet along the rear of Lots 3, 4, 5 and 6 of
Willowcrest Subdivision; run thence North 38 degrees 00 14 West
for a distance of 200.00 feet along the rear of Lot 2 of Willowcrest
Subdivision; run thence along the common line between Lots 1 and 2
North 56 degrees 57 20 East for a distance of 286.20 feet to a point
on the South margin of Cameron Mill Road (80-foot right of way) and
Willowcrest Way (50-foot right of way); run thence across Cameron
Mill Road North 38 degrees 03 West for a distance of 239.82 feet to a
point on the Northeast margin of Cameron Mill Road at the South-
west corner of the property owned by the City of LaGrange on which
is located the Water Filter Plant, said point has Georgia Plane
Coordinates of North 1,115, 247.22 and East 216,038.13; run thence
along the property line of the Water Treatment Plant North 17
degrees 23 40 East for a distance of 621.15 feet to a point having
Georgia Plane Coordinates of North 1,115,839.96 and East
216,223.82; run thence North 77 degrees 19 20 West for a distance of
112.00 feet; run thence North 77 degrees 19 20 West for a distance of
152.00 feet; run thence North 76 degrees 38 20 West for a distance of
GEORGIA LAWS 1982 SESSION
3747
197.37 feet to a point having Georgia Plane Coordinates of North
1,115,943.52 and East 215,774.25; run thence North 23 degrees 57 37
East for a distance of 1065.01 feet to a point having Georgia Plane
Coordinates of North 1,116,917.24 and East 216,205.64; run thence
South 72 degrees 07 34 East for a distance of 766.64 feet to a point
having Georgia Plane Coordinates of North 1,116,681.94 and East
216,935.28 to a point on the West margin of Foxcroft Drive (60-foot
right of way); run thence along the Western margin of Foxcroft Drive
South 06 degrees 10 West for a distance of 491.88 feet to a point;
continue along the Western margin of Foxcroft Drive South 17
degrees 19 East for a distance of 579.40 feet to a point on the
Northern margin of Cameron Mill Road (80-foot right of way); run
thence in an easterly direction following the northern margin of
Cameron Mill Road (80-foot right of way) for a distance of 301 feet,
more or less, to an iron pin located at the Southwestern corner of the
property of Odell and Frances C. Bohannon; run thence North 02
degrees 20 East for a distance of 250.00 feet; run thence South 79
degrees 59 East for a distance of 175.02 feet to a point; run thence
North 02 degrees 14 East for a distance of 92.01 feet to a point
marked by a 4-foot high concrete post; run thence South 80 degrees
09 East for a distance of 479.74 feet to a point on the common line of
Land Lots 77 and 20. Said point is also on the West line of the
property of Mrs. Sue P. Morgan and is marked by a 4-foot tall
concrete post; run thence on a new line through the property of
Morgan North 80 degrees 18 East for a distance of 427.59 feet to an
iron pin; run thence on a new line through the property of Morgan
and Williams North 58 degrees 31 East for a distance of 749.64 feet to
an iron pin located approximately 60 feet North of the Williams
House; run thence on a new line through the Williams property North
55 degrees 28 East for a distance of 674.55 feet to a point on the
property line of Williams and Cary; run thence southerly along the
Williams and Cary property line South 00 degrees 17 East for a
distance of 1060.01 feet to a point on the North margin of Cameron
Mill Road (50-foot right of way) at the Williams and Cary property
line; run thence South 00 degrees 17 East for a distance of 50.0 feet to
the Point of Beginning.
This annexation is bounded on the East by the existing City
Limits of LaGrange, Callaway property and the West margin of
Foxcroft Drive; on the South by the South margin of Cameron Mill
Road, the U. S. Government acquisition line of the West Point
Reservoir and the property of Todd, Stewart, and Gorman; on the
West by property of U. S. Government, Todd and Frank Hutchinson
3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Estate; on the North by property of Frank Hutchinson Estate,
Foxcroft Subdivision, the North margin of Cameron Mill Road, the
property of Odell and Frances Bohannon, the property of Davidson,
Brumbeloe, Meyers and a new line through the property of Mrs. Sue
P. Morgan and Mrs. Mary Williams.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1982 Session of the General Assembly of Georgia, a Bill to amend an
Act creating a new charter for the City of LaGrange, approved March
8, 1968 (Ga. Laws 1968, p. 2191), as amended, so as to annex to the
corporate limits of the City of LaGrange the following real estate, to-
wit:
All that tract or parcel of land containing 136.2 acres, more or less,
situate, lying and being in Land Lots 19, 20,76 and 77 of the 5th Land
District of Troup County, Georgia, lying West of and contiguous to
the existing corporate limits of the City of LaGrange, Georgia.
This 19th day of January, 1982.
J. G. Newman-Mayor
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 Sheriffs advertisements of Troup County, Georgia, are pub-
lished; that the advertisement Notice of Intention to Introduce
Local Legislation which is hereby set forth, was duly published in
GEORGIA LAWS 1982 SESSION
3749
said newspaper on the dates of January 22, 1982, January 29, 1982,
and February 5,1982.
/s/ Glen 0. Long
Publisher, LaGrange
Daily News
Sworn to and subscribed before me,
on this the 18th day of February, 1982.
/s/ Gayle P. Freeman
Notary Public, Georgia State at Large
My Commission Expires Sept. 10, 1985.
(Seal).
Approved April 12, 1982.
COOK COUNTY ELECTION, ETC. OF SCHOOL
SUPERINTENDENT, REFERENDUM.
No. 907 (House Bill No. 1748).
AN ACT
To provide for the election of the school superintendent of Cook
County; to provide for terms of office; to provide for compensation; to
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 Cook County shall
be elected at the 1984 general election by the voters of the county for a
term of four years and until his successor is elected and qualified. The
3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
person so elected shall take office on January 1, 1985. The person
elected shall receive a majority of the votes cast for such office.
Thereafter, successors to such office shall be elected at the general
election immediately preceding the expiration of the respective terms
of office for terms of four years and until their successors are duly
elected and qualified.
(b) In the event a vacancy occurs in the office of county school
superintendent prior to December 31, 1984, the board of education
shall appoint a successor to serve in such office through December 31,
1984.
(c) Beginning January 1, 1985, 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 providing for the election of members of the
Board of Education of Cook County and for the appointment of the
county school superintendent by the board of education, approved
April 4,1967 (Ga. L. 1967, p. 2507), is amended by striking Section 6,
which reads as follows:
Section 6. The county school superintendent of Cook County
serving at the time of the approval of this Act shall continue to serve
out the term of office to which he was elected. At the expiration of his
term of office, the Board of Education of Cook County shall appoint
the county school superintendent of Cook County, and he shall serve
at the pleasure of the board.,
in its entirety.
Section 4. It shall be the duty of the election superintendent of
Cook County to call for an election for the purpose of submitting this
Act to the electors of the Cook County School District for approval or
rejection. The election superintendent shall set the date of such
GEORGIA LAWS 1982 SESSION
3751
election for Tuesday, November 2, 1982. He shall issue the call for
such election at least 30 days prior to the date thereof. The election
superintendent shall cause the date and purpose of the election to be
published once a week for two weeks immediately preceding the date
thereof in the official organ of Cook County. The ballot shall have
written or printed thereon the words:
( ) YES Shall the Act providing for the
( ) NO election of the school superinten-
dent of Cook County by the quali-
fied electors of the Cook County
School District be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Cook County. It
shall be the duty of the election 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act providing for the appointment of the County School Superinten-
dent and other purposes, approved April 4th, 1967 (Georgia Laws,
1967, page 2507), same being Act No. 206, (House Bill No. 535), so as
to change the present mode for filling the position of County School
Superintendent of Cook County, Georgia so as to allow and require
that the Cook County School Superintendent be elected rather than
appointed by the Cook County Board of Education; to provide that
such legislation shall not become effective unless approved by a
3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
majority of the electors of Cook County voting in a referendum held
thereon; to provide the procedure connected therewith; to repeal
conflicting laws; and for other purposes.
Affidavit.
State of Georgia.
County of Cook.
Personally appeared before me the undersigned attesting officer
duly authorized to administer oaths in this State, this date came J. M.
Mason, who, after first being duly sworn, does state and depose that
he is the Publisher of The Adel News, Adel, Georgia, and that said
publication is the official organ of Cook County, Georgia, and that the
attached legal notice was duly published in said publication on the
following dates: January 27th, 1982, February 3, 1982 and February
10,1982.
/s/ J. M. Mason
Sworn to and Subscribed before me,
this 16 day of February, 1982.
/s/ Judy S. Hunt
Notary Public, State of Ga. at Large.
My Commission Expires 3-23-85.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3753
FRANKLIN COUNTY BOARD OF EDUCATION
AND SUPERINTENDENT, REFERENDUM.
No. 908 (House Bill No. 1751).
AN ACT
To provide for referendum elections in Franklin County at which
the voters of the Franklin County School District shall be given a
choice of having the Franklin County Board of Education be com-
posed of five persons elected thereto and appointing the superinten-
dent of the school district, or of having the Franklin County Board of
Education be composed of five persons elected thereto and having the
superintendent of the school district be elected, or of having the
Franklin County Board of Education and the superintendent of the
school district remain as presently constituted; to provide for educa-
tion districts; to provide for qualifications of the board and superin-
tendent; to provide for the manner of election of the board and
superintendent and the manner of appointment of the superinten-
dent, as the case may be; to provide for filling vacancies; to provide for
organizational meetings and election of a chairman of the board; to
provide for other matters relative to the foregoing; to provide for
effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. On and after January 1,1983, the Board of Education
of Franklin County, hereafter sometimes called the board, shall
consist of five members who, except as otherwise provided in this
Part, shall be elected. For purposes of electing these members, the
Franklin County Education District shall consist of five education
districts as follows:
Education District 1
All that territory within the Franklin County
Education District
Education District 2
All that territory within the Franklin County
Education District
3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District 3
All that territory within the Franklin County
Education District embraced within the following
militia districts:
GMD 1377 (Welborn)
GMD 213 (Gumlog)
GMD 206 (Bryant)
Education District 4
All that territory within the Franklin County
Education District embraced within the following
militia districts:
GMD 210 (Gunnells)
GMD 211 (Flintsville)
GMD 212 (Red Hill)
GMD 263 (Dooley)
GMD 264 (Carnesville)
GMD 812 (Strange)
GMD 1420 (Middle River)
GMD 1686 (Ashland)
Education District 5
All that territory within the Franklin County
Education District embraced within the following
militia districts:
GMD 370 (Manley)
GMD 1363 (Canon)
Section 2. Candidates offering for election to the board shall
designate the education district for which they are offering. There
shall be elected one member from each of said districts. No person
shall be eligible as a candidate for election to the board unless that
person shall have been a bona fide resident of the education district
for which such person is offering at least one year immediately
GEORGIA LAWS 1982 SESSION
3755
preceding the date of the election. If members of the board move their
residence from the respective education districts which they repre-
sent, their respective positions on the board shall thereby become
vacant and such vacancies shall be filled as provided in Section 3 of
this Part. Candidates from each education district shall be elected by
a majority vote of the qualified voters of the entire Franklin County
Education District.
Section 3. (a) The terms of office of the last and next to the last
member appointed to fill a full term on the Franklin County Board of
Education, under the laws in effect immediately prior to the effective
date of this Part, shall expire at the end of December 31, 1984, but
beginning January 1, 1983, those members shall be the members of
the board from Education District 1 and Education District 2,
respectively. Their successors shall be elected at the general election
of 1984 and shall take office on January 1, 1985, for terms of four
years. Thereafter, successors shall be elected at the general election
immediately preceding the expiration of the terms of office and shall
take office on the first day of January immediately following their
election for terms of four years.
(b) The terms of office of those members of the Board of
Education of Franklin County in office immediately prior to the
effective date of this Part, except for those two members continued as
members from Education Districts 1 and 2 under subsection (a) of
this Section, shall expire at the end of December 31,1982. The first
members of the board from Education Districts 3, 4, and 5 elected
pursuant to this Part shall be elected at a special election held at the
time of the general election of 1982, shall take office on the first day of
January, 1983, and shall serve for terms of four years. Thereafter,
successors shall be elected at the general election immediately pre-
ceding the expiration of the respective terms of office and shall take
office on the first day of January immediately following their election
for terms of four years.
(c) All members elected to the Board of Education of Franklin
County shall be elected in accordance with the provisions of Code
Title 34, the Georgia Election Code, as now or hereafter amended. All
members of the board shall serve out their respective terms and until
their successors are elected and qualified.
(d) If a vacancy occurs on the board, other than by expiration of
term, and prior to the last date to qualify for the general election held
3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
during the first two years of that term of office, the remaining
members of the board shall appoint a successor to fill such vacancy
until a successor is elected at that general election and qualified,
which elected successor shall serve the remainder of the unexpired
term and until his successor is elected and qualified. If a vacancy
occurs in the board, other than by expiration of term, and on or after
the last date to qualify for the general election held during the first
two years of that term of office, the remaining members of the board
shall appoint a successor to fill that vacancy until a successor is
elected at the general election held during the last two years of that
term of office and until that successor is qualified. No person shall be
appointed or elected to fill a vacancy unless that person meets the
residency requirements for that education district.
(e) Within ten days after the last member elected to the board in
the 1982 general election has been qualified, the member from
Education District 1 shall call an organizational meeting of the board.
At this organizational meeting and at an organizational meeting held
during January every two years thereafter the board by majority vote
shall elect a chairman of the board to serve for a term of two years and
until the next chairman is elected by the board.
Section 4. The board created by this Part shall be the successor
to all the rights, powers, duties, and obligations of the heretofore
existing Franklin County Board of Education and shall be subject to
all constitutional and statutory provisions relating to county boards
of education except as otherwise provided in this Part.
Section 5. The term of office of the superintendent of the
Franklin County School District who is in office immediately prior to
the effective date of this Part shall expire at the end of December 31,
1984, and upon the appointment and qualification of a successor
under this section. At the organizational meeting provided in subsec-
tion (e) of Section 3 of this Part to be held in January, 1985 and every
two years thereafter, the board by majority vote shall appoint a
superintendent of the Franklin County School System to serve at the
pleasure of that board. The board by majority vote shall appoint a
successor to fill any vacancy occurring in the office of superintendent.
No person shall be eligible to be appointed as superintendent unless
that person meets the requirements fixed for such office by law and
by the State Board of Education for the State of Georgia. The
superintendent appointed under this section shall be subject to all
constitutional and statutory provisions relating to school superinten-
dents except as otherwise provided in this section.
GEORGIA LAWS 1982 SESSION
3757
Part 2
Section 1. On and after January 1,1983, the Board of Education
of Franklin County, hereafter sometimes called the board, shall
consist of five members who, except as otherwise provided in this
Part, shall be elected. For purposes of electing these members, the
Franklin County Education District shall consist of five education
districts as follows:
Education District 1
All that territory within the Franklin County
Education District
Education District 2
All that territory within the Franklin County
Education District
Education District 3
All that territory within the Franklin County
Education District embraced within the following
militia districts:
GMD 1377 (Welborn)
GMD 213 (Gumlog)
GMD 206 (Bryant)
Education District 4
All that territory within the Franklin County
Education District embraced within the following
militia districts:
GMD 210 (Gunnells)
GMD 211 (Flintsville)
GMD 212 (Red Hill)
GMD 263 (Dooley)
GMD 264 (Carnesville)
3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GMD 812 (Strange)
GMD 1420 (Middle River)
GMD 1686 (Ashland)
Education District 5
All that territory within the Franklin County
Education District embraced within the following
militia districts:
GMD 370 (Manley)
GMD 1363 (Canon)
Section 2. Candidates offering for election to the board shall
designate the education district for which they are offering. There
shall be elected one member from each of said districts. No person
shall be eligible as a candidate for election to the board unless that
person shall have been a bona fide resident of the education district
for which such person is offering at least one year immediately
preceding the date of the election. If members of the board move their
residence from the respective education districts which they repre-
sent, their respective positions on the board shall thereby become
vacant and such vacancies shall be filled as provided in Section 3 of
this Part. Candidates from each education district shall be elected by
a majority vote of the qualified voters of the entire Franklin County
Education District.
Section 3. (a) The terms of office of the last and next to the last
member appointed to fill a full term on the Franklin County Board of
Education, under the laws in effect immediately prior to the effective
date of this Part, shall expire at the end of December 31, 1984, but
beginning January 1, 1983, those members shall be the members of
the board from Education District 1 and Education District 2,
respectively. Their successors shall be elected at the general election
of 1984 and shall take office on January 1, 1985, for terms of four
years. Thereafter, successors shall be elected at the general election
immediately preceding the expiration of the terms of office and shall
take office on the first day of January immediately following their
election for terms of four years.
(b) The terms of office of those members of the Board of
Education of Franklin County in office immediately prior to the
effective date of this Part, except for those two members continued as
GEORGIA LAWS 1982 SESSION
3759
members from Education Districts 1 and 2 under subsection (a) of
this Section, shall expire at the end of December 31, 1982. The first
members of the board from Education Districts 3, 4, and 5 elected
pursuant to this Part shall be elected at a special election held at the
time of the general election of 1982, shall take office on the first day of
January, 1983, and shall serve for terms of four years. Thereafter,
successors shall be elected at the general election immediately pre-
ceding the expiration of the respective terms of office and shall take
office on the first day of January immediately following their election
for terms of four years.
(c) All members elected to the Board of Education of Franklin
County shall be elected in accordance with the provisions of Code
Title 34, the Georgia Election Code, as now or hereafter amended. All
members of the board shall serve out their respective terms and until
their successors are elected and qualified.
(d) If a vacancy occurs on the board, other than by expiration of
term, and prior to the last date to qualify for the general election held
during the first two years of that term of office, the remaining
members of the board shall appoint a successor to fill such vacancy
until a successor is elected at that general election and qualified,
which elected successor shall serve the remainder of the unexpired
term and until his successor is elected and qualified. If a vacancy
occurs in the board, other than by expiration of term, and on or after
the last date to qualify for the general election held during the first
two years of that term of office, the remaining members of the board
shall appoint a successor to fill that vacancy until a successor is
elected at the general election held during the last two years of that
term of office and until that successor is qualified. No person shall be
appointed or elected to fill a vacancy unless that person meets the
residency requirements for that education district.
(e) Within ten days after the last member elected to the board in
the 1982 general election has been qualified, the member from
Education District 1 shall call an organizational meeting of the board.
At this organizational meeting and at an organizational meeting held
during January every two years thereafter the board by majority vote
shall elect a chairman of the board to serve for a term of two years and
until the next chairman is elected by the board.
Section 4. The board created by this Part shall be the successor
to all the rights, powers, duties, and obligations of the heretofore
3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
existing Franklin County Board of Education and shall be subject to
all constitutional and statutory provisions relating to county boards
of education except as otherwise provided in this Part.
Section 5. The term of office of the superintendent of the
Franklin County School District who is in office immediately prior to
the effective date of this Part shall expire at the end of December 31,
1984, and upon the election and qualification of a successor under this
section. At the general election in 1984, the superintendent of the
Franklin County School District shall be elected by the voters of that
district and shall take office on the first day of January, 1985, for a
term of four years and until the election and qualification of a
successor. Thereafter, successors shall be elected in the general
election immediately preceding the expiration of the term of office
and shall take office on the first day of January immediately following
their election for terms of four years and until their successors are
elected and qualified. The qualifications of the superintendent shall
be those fixed for such office by law and by the Board of Education of
the State of Georgia. The superintendent elected under this section
shall be subject to all constitutional and statutory provisions relating
to school superintendents except as otherwise provided in this sec-
tion.
Part 3
Section 1. The Board of Education of Franklin County and the
superintendent of the Franklin County School System shall remain as
constituted immediately prior to the date this Part becomes effective.
Part 4
Section 1. It shall be the duty of the election superintendent of
Franklin County to issue the call for a special election to be held on
the date of the general primary in 1982 for the purpose of submitting
to the voters of the Franklin County School District the proposals
hereinafter provided relative to the Franklin County Board of Educa-
tion and the superintendent of the Franklin County School District.
The election superintendent shall issue the call for the election not
less than 30 days prior to the date of the election. The election
superintendent shall cause the date and purpose of the election and a
copy of this entire Act to be published once a week for two weeks
immediately preceding the date thereof in the official organ of
Franklin County. The ballot shall be so prepared that the voters shall
have the opportunity to vote for one of tbe three following proposals:
GEORGIA LAWS 1982 SESSION
3761
( ) Proposal No. 1: For approval of Part 1
of this Act, which provides for the elec-
tion of a five-member Board of Educa-
tion of Franklin County and for the ap-
pointment by that board of the
superintendent of the Franklin County
School District.
( ) Proposal No. 2: For approval of Part 2
of this Act, which provides for the elec-
tion of a five-member Board of Educa-
tion of Franklin County and for the
election of the superintendent of the
Franklin County School District.
( ) Proposal No. 3: For approval of Part 3
of this Act, which provides for the Board
of Education of Franklin County and
the superintendent of the Franklin
County School District to remain as
presently constituted.
No voter shall vote for more than one of the above three proposals.
If a proposal receives a majority of the votes cast, that corresponding
Part of this Act shall become of full force and effect and the two Parts
of this Act corresponding to the other two proposals shall be void and
of no force and effect. If no proposal receives a majority of the votes
cast, neither Part 1, 2, nor 3 of this Act shall become of full force and
effect until a run-off election is held between the proposals receiving
the two highest number of votes. That runoff shall be held on the
same date as that on which is required to be held any runoff to the
general primary in 1982. The Part of this Act corresponding to the
proposal receiving the highest number of votes in that runoff shall,
upon certification of the results to the Secretary of State, become of
full force and effect and the Parts of this Act corresponding to the
other two proposals shall be of no force and effect.
The expense of such elections shall be borne by the Franklin
County School District. It shall be the duty of the election superin-
tendent of Franklin County to hold and conduct such election. It
shall be his further duty to certify the results thereof to the Secretary
of State.
3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Part 4 shall become effective upon the approval
of this Act by the Governor or upon its becoming effective without his
approval. No other Part of this Act shall become effective except as
provided in this Part 4.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice to Introduce Legislation.
This is to serve notice that there will be introduced in the 1982
Legislature a legislation concerning the election of Franklin County
Board of Education members and the Franklin County School Super-
intendent.
The legislation will carry a referendum to let the registered voters
of Franklin County decide their preference in the makeup of the
Franklin County Board of Education members and the Franklin
County School Superintendent.
Georgia State Representatives
For Franklin County:
Louie Clark, Charles Mann
and Billy Milford
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 Franklin County Citizen which is the
official organ of Franklin County, on the following dates: Jan. 7,14 &
21,1982.
GEORGIA LAWS 1982 SESSION
3763
/s/ Billy Milford
Representative,
13th District
Sworn to and subscribed before me,
this 22nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STATE COURT OF COBB COUNTY ASSISTANT
SOLICITORS.
No. 909 (House Bill No. 1753).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particu-
larly by an Act approved April 11,1979 (Ga. L. 1979, p. 4197) and an
Act approved April 9,1981 (Ga. L. 1981, p. 4759), so as to change the
number of assistant solicitors; to change the compensation of assis-
tant solicitors; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Bibb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particu-
larly by an Act approved April 11,1979 (Ga. L. 1979, p. 4197) and an
Act approved April 9, 1981 (Ga. L. 1981, p. 4759), is amended by
striking subsection (d) of Section 27 which reads as follows:
3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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
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.,
and inserting in lieu thereof a new subsection (d) of Section 27 to read
as follows:
(d) The solicitor shall have the authority to appoint the same
number of assistant solicitors as the number of judges of the State
Court of Cobb County, plus 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 the same number of
additional assistant solicitors as the number of active full-time magis-
trates to enable the solicitor and his staff to perform such functions.
The compensation of such assistant solicitors shall be determined by
the solicitor except that said compensation of such assistant solicitors
shall be not less than $12,500.00 nor more than $24,500.00 per annum,
payable in equal monthly installments from the funds of Cobb
County. Provided, however, that the compensation of the chief
assistant solicitor shall not be less than $12,500.00 nor more than 90
percent of the compensation of the solicitor and shall be paid in the
same manner as all other assistant solicitors. The solicitor shall
prescribe the duties and assignments of said assistant solicitors, and,
while so employed, they shall not engage in the private practice of
law.
GEORGIA LAWS 1982 SESSION
3765
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 31st day of Dec. 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: Jan. 15,22 & 29,
1982.
3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MORGAN COUNTY CORONERS SALARY.
No. 910 (House Bill No. 1758).
AN ACT
To amend an Act changing the compensation of the coroner of
Morgan County from a fee to salary system, approved March 20,1963
(Ga. L. 1963, p. 2306), so as to change the salary of the coroner; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the coroner of
Morgan County from a fee to salary system, approved March 20,1963
(Ga. L. 1963, p. 2306), is amended by striking Section 2 in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The coroner of Morgan County shall be compensated
in the sum of $1,200.00 per annum, to be paid in equal monthly
installments from the funds of Morgan County.
GEORGIA LAWS 1982 SESSION
3767
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
changing the compensation of the Coroner of Morgan County from a
fee to salary system, approved March 20,1963 (Ga. L. 1963, p. 2306),
so as to change the salary of the Coroner; and for other purposes.
This 20th day of January, 1982.
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 Madison
which is the official organ of Morgan County, on the following dates:
Jan. 21 & 28,1982 & Feb. 4,1982.
/s/ E. Roy Lambert
Representative,
112th District
3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MORGAN COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 911 (House Bill No. 1759).
AN ACT
To amend an Act to create and establish a Small Claims Court in
and for Morgan County, approved March 13, 1978 (Ga. L. 1978, p.
3229), so as to change the jurisdiction of said court; to change the cost
of service; to change the deposit to cover all costs of the proceeding; to
provide that the board of county commissioners shall furnish all
courtroom facilities and the use of copying facilities to the court; to
provide for the service of a summons of garnishment by certified mail;
to provide for the fee of the bailiff or sheriff for the execution of a writ
of possession; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to create and establish a Small Claims Court
in and for Morgan County, approved March 13,1978 (Ga. L. 1978, p.
3229), is amended by striking Section 1 in its entirety and inserting in
lieu thereof a new Section 1 to read as follows:
GEORGIA LAWS 1982 SESSION
3769
Section 1. There is created and established a Small Claims Court
in and for Morgan County. Said court shall have civil jurisdiction in
cases ex contractu and landlord and tenant in which the demand or
value of the claim 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, said judge shall
have the authority to collect fees and take applications for criminal
and search warrants and to issue same as well as to hold commitment
and preliminary hearings and generally to perform all acts and
exercise all powers granted to justices of the peace by the laws of the
State of Georgia.
Section 2. Said Act is further amended by striking subsection (e)
of Section 6 in its entirety and inserting 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 $8.50 per person per service. The
cost of service shall be advanced by the party demanding same, in
addition to the filing fees hereinafter provided and shall be taxed as
other costs.
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 $20.50 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 $20.50. 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
3770 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 $20.50 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 19 in
its entirety and inserting in lieu thereof a new Section 19 to read as
follows:
Section 19. All courtroom facilities and the use of copying
facilities 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 5. Said Act is further amended by striking Section 21 in
its entirety and inserting in lieu thereof a new Section 21 to read as
follows:
Section 21. A summons of garnishment may be served by
certified mail or 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 in the
back of the original garnishment affidavit or in 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 6. Said Act is further amended by striking Section 23 in
its entirety and inserting in lieu thereof a new Section 23 to read as
follows:
Section 23. (a) 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.
(b) The fees of the bailiff or sheriff for the execution of a writ of
possession shall be $5.00.
GEORGIA LAWS 1982 SESSION
3771
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
Session of the General Assembly of Georgia, a bill to amend an Act to
create a Small Claims Court in and for Morgan County, approved
March 13,1978 (Ga. L. 1978, p. 3229), so as to change the jurisdiction
of said court; to provide for other matters relative to said court; and
for other purposes.
This 20th day of January, 1982.
E. Roy 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 Madisonian which is the official
organ of Morgan County, on the following dates: Jan. 21, & 28,1982 &
Feb. 4,1982.
/s/ E. Roy Lambert
Representative,
112th District
3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 24th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
SOUTH COBB DEVELOPMENT AUTHORITY ACT.
No. 912 (Senate Bill No. 688).
AN ACT
To be known as the South Cobb Development Authority Act; to
create the South Cobb Development Authority; to provide the
powers and duties of the authority, including the power to issue
revenue bonds; to define the area of operations of the authority within
Cobb County; to declare the purpose of the authority to develop and
promote trade, commerce, and industry; 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. (a) Short title of Act; definitions. This Act may be
referred to as the South Cobb Development Authority Act.
(b) As used in this Act:
(1) Authority shall mean the public body corporate and
politic created pursuant to this Act.
GEORGIA LAWS 1982 SESSION
3773
(2) 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
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 on
revenue bonds, notes, or other obligations of an 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, and trustees for bondholders under any trust
agreement, indenture of trust, or similar instrument or agreement;
all expenses incurred by any such fiscal agents, paying agents and
trustees; 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 an 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-
3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
(3) Development area shall mean the geographical area of
operations of the authority designated as such by the resolution of
the governing body or by a local Act of the General Assembly as
modified by any subsequent resolution of the governing body or
local Act of the General Assembly.
(4) Governing body shall mean the elected or duly
appointed officials constituting the governing body of Cobb
County.
(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 development area and
the acquisition, installation, modification, renovation, rehabilita-
tion, or furnishing of fixtures, machinery, equipment, furniture, or
other property of any nature whatsoever used on, in, or in connec-
tion 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 employ-
ment opportunities in the development area. A project may be for
any industrial, commercial, business, office, parking, public, or
other use, provided that a majority of the members of the author-
ity determine, by a resolution duly 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
an authority which are authorized to be issued under the Constitu-
tion and laws of the State of Georgia, including refunding bonds
but not including notes or other obligations of an authority.
Section 2. Creation and power of authority, (a) There is created
a body corporate and politic known as the South Cobb Development
Authority.
GEORGIA LAWS 1982 SESSION
3775
(b) 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 forego-
ing, the power:
(1) To sue and 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-
tions, partnerships (limited or general), or other entities, all of
which the authority is 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 evi-
dence 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
3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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;
(11) To extend credit or make loans to any person, corpora-
tion, 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 may be evidenced or secured by loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security agreements,
assignments, or 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 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-
GEORGIA LAWS 1982 SESSION
3777
rity agreement, assignment, or other instrument of such provi-
sions or requirements for guarantee 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 waives any
right it or such county, municipal corporation, political subdivi-
sion, 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;
(13) To receive and use the proceeds of any tax levied by a
county or municipal corporation 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;
(14) To receive and administer gifts, grants, and devises of
money and property of any kind and to administer trusts;
(15) 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
3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
grant options for any such property in any manner as it deems to
the best advantage of the authority and the public purpose
thereof;
(16) To acquire, accept, or retain equitable interests, security
interests, or other interests in any real property, personal prop-
erty, or fixtures by loan agreement, note, mortgage, deed to secure
debt, trust deed, security agreement, assignment, pledge, convey-
ance, contract, lien, loan agreement, or other consensual transfer
in order to secure the repayment of any monies loaned or credit
extended by the authority;
(17) 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;
(18) To encourage and promote the improvement and revi-
talization of the development area and to make, contract for, or
otherwise cause to be made long-range plans or proposals for the
development area in cooperation with the county within which the
development area is located;
(19) 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 within
its bylaws;
(20) 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
(21) To do all things necessary or convenient to carry out the
powers conferred by this Act.
(c) The powers enumerated in each paragraph of subsection (b)
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 3. Members of authority; disqualifications, (a) The
authority shall be composed of seven members to be appointed and
elected as provided in this section. One member of the authority shall
be the chairman of the Board of Commissioners of Cobb County or his
GEORGIA LAWS 1982 SESSION
3779
designee. Three members of the authority shall be elected by the
owners of the property which is located in the development area. The
remaining three members of the authority shall be elected by the
owners of business establishments whose principal place of business
is located within the development area. The initial three members of
the authority elected by each group of such owners 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 chairman of the Board of Commissioners of Cobb
County.
(b) The initial members of the authority to be elected by the
property owners and owners of businesses shall be elected in a caucus
of each respective owner group, which caucus shall be held within 60
days after this Act becomes law and at such time and place as the
chairman of the board of commissioners shall designate after due
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 thereof to the participants for the purpose of electing
successors to the initial elected members of the authority.
(c) In the event that 20 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 a caucus, if a majority of those
owners present and voting shall vote to recall any such member of the
authority, such owner group shall elect a successor to such recalled
member to serve out the term of office 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) 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 apprised of such
times and places.
(e) No member of the authority shall be disqualified from serv-
ing on the authority because of any pecuniary interest in a project as
defined in Section 1 herein, but the fact of such interest shall be
disclosed by such member and recorded on the minutes of the
authority. The member shall abstain from voting on any project in
which he has such pecuniary interest.
3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Development area; change of boundaries, (a) The
development area as defined in this Act is established as that tract or
parcel of land located in Cobb County, Georgia as follows:
All nonresidentially zoned real property for 200 feet on each side
of the centerline of Bankhead Highway (Georgia State Highway 78),
beginning at the easterly boundary of the corporate limits of the City
of Austell on Bankhead Highway; thence east on Bankhead Highway
to the intersection of Dodgen Road and Bankhead Highway. Also all
nonresidentially zoned real property for 200 feet on each side of the
centerline of Gordon Road Extension and Gordon Road beginning at
the intersection of Gordon Road Extension and Barnes Drive; thence
south on Gordon Road Extension and Gordon Road to the inter-
section of Factory Shoals Road and Gordon Road.
(b) The boundary of the development area may be changed,
upon request of the affected landowner, by a resolution of the Board
of Commissioners of Cobb County or by local Act of the General
Assembly. No property zoned for residential purposes shall be a part
of the development area except by request of the landowner or by the
changing of the zoning of the property to nonresidential zoning by the
governing body of Cobb County.
Section 5. 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, per-
sonal property, revenues, or other funds) pledged, mortgaged, con-
veyed, 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
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 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, cove-
nants, assignments, and conditions as the resolution authorizing the
issuance of such bonds, notes, or other obligations may permit or
provide. The terms, provisions, covenants, assignments, and condi-
tions 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
GEORGIA LAWS 1982 SESSION
3781
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. There shall be no
limitation upon the amount of revenue bonds, notes, or other obliga-
tions 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. L. 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 an authority.
Section 6. Provisions and obligations; limitations and proce-
dures. (a) Subject to the limitations and procedures provided by this
section, the agreements or instruments executed by an authority may
contain such provisions not inconsistent with law as shall be deter-
mined by the board of directors of the authority.
(b) The proceeds derived from the sale of all bonds, notes, and
other obligations issued by an 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 an 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
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.
3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The authority shall have the power and is authorized, when-
ever bonds of the authority shall have been validated as provided 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 conditions which the
authority is authorized to include in any bonds. Validation of such
bonds shall be a condition precedent to the issuance of such notes, but
it shall not be required that such notes be judicially validated. Bond
anticipation notes shall not be issued in an amount exceeding the par
value of the bonds in anticipation of which they are to be issued.
(e) All bonds issued by the authority under this Act shall be
issued and validated under and in accordance with the Revenue Bond
Law, 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.
(1) Bonds issued by an authority may be in such form,
either coupon or fully registered or both coupon and fully regis-
tered, 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.
(2) Bonds shall bear a certificate of validation. The signa-
ture 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 validation of such bonds by facsimile or by manual
execution stating the date on which such bonds were validated,
and such entry shall be original evidence of the fact of judgment
and shall be received as original evidence in any court in this state.
(3) In lieu of specifying the rate or rates of interest which
bonds to be issued by an authority are to bear, the notice to the
GEORGIA LAWS 1982 SESSION
3783
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 complaint or that, in the event the bonds are to bear
different rates of interest for different maturity dates, that none of
such rates will exceed the maximum rate (which may be fixed or
may fluctuate or otherwise change from time to time) so specified;
provided, however, that nothing contained herein shall be con-
strued as prohibiting or restricting 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.
(4) 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 an authority; in bonds, notes, or other
obligations of an authority; or in notices or proceedings to validate
such bonds, notes, or other obligations of an authority.
Section 7. Purpose and declaration of need. The revitalization
and redevelopment of the central business districts in Cobb County,
Georgia, develops and promotes, for the public good and general
welfare, trade, commerce, industry, and employment opportunities
and promotes the general welfare of the state by creating a climate
favorable to the location of new industry, trade, and commerce and
the development of existing industry, trade, and commerce within
Cobb County and the State of Georgia. Revitalization and redevelop-
ment of business districts by financing projects under the Act will
develop and promote, for the public good and general welfare, trade,
commerce, industry, and employment opportunities and will promote
the general welfare of the state. It is therefore in the public interest
and is vital to the public welfare of the people of Georgia, and it is
declared to be the public purpose of this Act to so revitalize and
redevelop business districts in Cobb County, Georgia. No bonds,
notes, or other obligations (except refunding bonds) shall be issued by
an authority hereunder unless its board of directors adopts a resolu-
tion finding that the project for which such bonds, notes, or other
obligations are to be issued will promote the foregoing objectives.
3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8. 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 any authority shall
not be subject to regulation under the Georgia laws regulating the sale
of securities, as heretofore and hereafter amended. No notice,
proceeding, or publication except those required by this Act shall be
necessary to the performance of any act authorized by this Act nor
shall any such act be subject to referendum.
Section 9. 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 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. 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 nor to enforce the payment thereof
against the state or any such county, municipal corporation, or
political subdivision.
Section 10. 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 is created for nonprofit and public purposes, and it is
found, determined, and declared that the creation of the authority
and the carrying out of its corporate purposes is in all respects for the
benefit of the people of the state; that the authority is an institution
of purely public charity and will be performing an essential govern-
mental function in the exercise of the power conferred upon it by this
Act; and for such reasons the state covenants with the holders from
time to time of the bonds, notes, and other obligations issued here-
under that the authority shall not be required to pay any taxes or
assessments imposed by the state or any of its counties, municipal
corporations, political subdivisions, or taxing districts upon any
property acquired by the authority or under its jurisdiction, control,
possession, or supervision or leased by it to others or upon its
activities in the operation or maintenance of any such property or on
any income derived by the authority in the form of fees, recording
fees, rentals, charges, purchase price, installments, or otherwise; and
that the bonds, notes, and other obligations of the authority, their
GEORGIA LAWS 1982 SESSION
3785
transfer, and the income therefrom shall at all times be exempt from
taxation within the state. The tax exemption shall not include any
exemption from sales and use tax on property purchased by the
authority or for use by the authority.
Section 11. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly declares that it would have passed the remaining parts of
this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional.
Section 12. Effect 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 13. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 14. Repealer. All laws and parts of laws in conflict with
this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to establish
the South Cobb Development Authority; to provide powers of such
Authority; to provide limitations and geographical boundaries on
such authority; and for other purposes.
This 8th day of January, 1982.
3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Joe Lee 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
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: Jan. 8,15 & 22,1982.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3787
HANCOCK COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 913 (Senate Bill No. 716).
AN ACT
To amend an Act creating and establishing a Small Claims Court
for Hancock County, approved March 24,1976 (Ga. L. 1976, p. 3263),
as amended, so as to change the provisions relating to the collection
and utilization of court costs; to provide a salary for the judge of the
small claims court in lieu of the fee system of compensation; to change
the provisions relating to court 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 Hancock County, approved March 24,1976 (Ga. L. 1976, p.
3263), as amended, is amended by striking Section 5 in its entirety
and inserting in lieu thereof a new Section 5 to read as follows:
Section 5. (a) All court costs collected by the judge as herein
authorized shall be paid into a depository at a chartered bank
designated by the judge. Said depository shall serve as the treasury of
the small claims court. The salary of the judge, compensation of court
personnel, and other expenses in the operation of the small claims
court shall be paid from such treasury by the judge.
(b) The judge of the Small Claims Court of Hancock County is
placed on an annual salary, the amount of which shall be determined
annually by the judge of such court. An entry shall be made annually
in the records of such court specifying such salary.
Section 2. Said Act is further amended by striking in its entirety
subsection (a) of Section 8 and inserting in lieu thereof a new
subsection (a) to read as follows:
(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
except service of the notice; and the deposit of cost in cases of
attachment, garnishment, or trover shall be $15.00. Cost for issuance
of a fi. fa. after judgment shall be $10.00. The costs in cases of
3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act creating a Small Claims Court of Hancock County, approved
March 24,1976 (Ga. L. 1976, p. 3263); and for other purposes.
This 22nd day of January, 1982.
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: Jan. 28,1982 & Feb. 4 & 11,
1982.
GEORGIA LAWS 1982 SESSION
3789
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 22nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
WAYNE COUNTY ELECTION OF BOARD OF
COMMISSIONERS, REFERENDUM.
No. 915 (Senate Bill No. 726).
AN ACT
To amend an Act creating the Board of Commissioners of Wayne
County, approved March 16,1962 (Ga. L. 1962, p. 3110), as amended,
so as to change the provisions relative to the election of members of
the Board; to provide for other matters relative thereto; to provide for
a referendum; to provide effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Wayne County, approved March 16, 1962 (Ga. L. 1962, p. 3110), as
amended, is amended by striking Sections 2, 3, 4, and 5 in their
entirety and substituting in lieu thereof new Sections 2, 3, 4, and 5 to
read as follows:
3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Commissioner districts, (a) The board of commis-
sioners shall consist of five members who shall be elected as herein-
after provided. For the purpose of electing the members, Wayne
County is divided into five commissioner districts as follows:
Commissioner District 1 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9902
Block Group 1
Blocks 201 through 205, 218
through 234, and 236 through
250
Block Group 3
Blocks 403 through 450
Block Group 5
Commissioner District 2 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9901
Blocks 346 through 350, 412
through 414, and 416
Tract 9902
Blocks 206 through 211
That part of Blocks 216 and 217
outside the City of Jesup
Block 401
Tract 9903
That part of Blocks 144, 221, 234,
and 311 outside the City of Jesup
Blocks 325 through 350
Block Groups 4, 5, and 6
Tract 9904
That part of Blocks 326 through
328 outside the City of Screven
Blocks 329 through 350
Block Groups 4 and 5
GEORGIA LAWS 1982 SESSION
3791
Commissioner District 3 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9901
Blocks 101 through 105
That part of Block 106
outside the City of Jesup
Block 107
That part of Block 108 outside
the City of Jesup
Blocks 109 through 116
That part of Blocks 117 through
through 120, 122, 124, 244, and
245 outside the City of Jesup
Blocks 246 through 250
Blocks 301 through 318 and 320
through 345
Blocks 401 through 411 and 415
Tract 9904
Blocks 137 through 145, 212 through
215, 236 through 239, 307, 316
through 319, and 321
3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 4 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9901
That part of Blocks 106, 108, and
117 through 120 inside the City
of Jesup
Block 121
That part of Block 122 inside
the City of Jesup
Block 123
That part of Block 124 inside
the City of Jesup
Blocks 125 through 150 and 201
through 243
That part of Blocks 244 and 245
inside the City of Jesup
Tract 9902
Block 212 through 215
That part of Blocks 216 and
217 inside the City of Jesup
Tract 9903
Blocks 101 through 137, 141, and
142
Tract 9904
Blocks 101 through 128 and 150
Commissioner District 5 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9903
Blocks 138, 139, 140, and 143
That part of Block 144 inside
the City of Jesup
Blocks 145 through 150 and 201
through 220
That part of Block 221 inside
the City of Jesup
Blocks 222 through 233
That part of Block 234 inside
the City of Jesup
Blocks 235 through 250, 260
GEORGIA LAWS 1982 SESSION
3793
through 271, and 301 through
310
That part of Block 311 inside
the City of Jesup
Blocks 312 through 324
Tract 9904
Blocks 129 through 136, 146
through 149, 201 through 211,
216 through 235, 240 through
250, 301 through 306, 308
through 315, 320, 322 through 325
That part of Blocks 326 through
328 inside the City of Jesup
(b) For the purposes of subsection (a) of this section, the term
Tract, Block Group and Block means and shall describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia. Whenever the description of a commissioner
district refers to a named city, it shall mean the geographical bound-
aries of that city as shown on the census maps for the United States
decennial cens_3 of 1980 for the State of Georgia. Any part of Wayne
County which is not included in any commissioner district described
in subsection (a) of this section shall be included within that commis-
sioner district contiguous to such part which contains the least
population according to the United States decennial census of 1980
for the State of Georgia.
Section 3. Elections and terms of office, (a) A commissioner shall
be elected from each of the five commissioner districts described in
Section 2 of this Act. A candidate for commissioner must have been a
resident of his or her respective commissioner district for at least two
years prior to the date of election, and each commissioner must
remain a resident of his or her respective commissioner district during
the term of office to which elected. Each commissioner shall be
elected by a majority of the qualified voters voting within each
respective commissioner district.
(b) Each of the five members of the board of commissioners shall
be elected as provided in subsection (a) of this section at the general
election of 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, successors shall be elected at the general
3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election immediately preceding the expiration of terms of office and
shall take office on the first day of January immediately following
their election for terms of four years and until their successors are
elected and qualified.
(c) All members of the board of commissioners shall be nomi-
nated and elected in accordance with the provisions of Chapter 2 of
Title 21 of the Official Code of Georgia Annotated known as the
Georgia Election Code.
Section 4. Additional qualifications. In addition to the residency
requirements of Section 3 of this Act, members of the board of
commissioners shall be citizens of Georgia who are at least 25 years of
age on the date of taking office and who are qualified electors of
Wayne County. No member of the board of commissioners shall be
eligible to hold any other office of the county or of the State of
Georgia while holding office as a member of the board.
Section 5. Vacancies, (a) All vacancies in the membership of the
board of commissioners occurring within one year or less of the
expiration of the term of office shall be filled by appointment of the
remaining members of the board. All vacancies occurring in the
membership of the board more than one year shall be filled by special
election within the respective commissioner district wherein the
vacancy occurred. A special election hereunder shall be called by the
election superintendent of Wayne County within 30 days after the
occurrence of the vacancy and shall be held and conducted in accord-
ance with the applicable provisions of Chapter 2 of Title 21 of the
Official Code of Georgia Annotated known as the Georgia Election
Code.
(b) If a commissioner ceases to be a resident of his or her
respective commissioner district during the term of office, a vacancy
shall thereby be created and shall be filled in the same manner as
other vacancies are filled. Any person appointed or elected to fill a
vacancy shall possess the residency and other qualifications necessary
to hold office as a commissioner.
Section 2. After the approval of this Act by the Governor, or
after it otherwise becomes law, it shall be the duty of the election
superintendent of Wayne County to issue the call for an election for
the purpose of submitting this Act to the electors of Wayne County
for approval or rejection. The superintendent shall set the date of
GEORGIA LAWS 1982 SESSION
3795
such election for Tuesday next following the first Monday in Novem-
ber, 1982. The superintendent shall issue the call for such election at
least 30 days but not more than 60 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 Wayne County. The ballot shall have
written or printed thereon the words:
( ) YES Shall the Act providing new dis-
( ) NO tricts for the election of members
of the Board of Commissioners of
Wayne County and providing that
members shall be elected by the
qualified voters voting within the
respective commissioner districts
be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
provided in Section 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 Wayne 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. (a) This Act shall be effective for the purpose of
holding the referendum provided for above in Section 2 upon the
approval of this Act by the Governor or upon its otherwise becoming
law.
(b) The provisions of this Act relating to and necessary for the
election of commissioners at the 1984 general election shall be effec-
tive upon the certification of the results of the referendum provided
for in Section 2 above if this Act is approved at said referendum.
(c) If this Act is approved at the referendum provided for in
Section 2 above, it shall be effective for all purposes on and after
January 1,1985.
3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an act
creating the Board of Commissioners of Wayne County, approved
March 16, 1962, (Ga. L. 1962, p. 3110), as amended; and for other
purposes.
This the 1st day of February, 1982.
Bill Littlefield
State 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 Press Sentinel, Jesup which is the official organ
of Wayne County, on the following dates: Feb. 3,10 & 17,1982.
/s/ Bill Littlefield
Senator,
6th District
GEORGIA LAWS 1982 SESSION
3797
Sworn to and subscribed before me,
this 25th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DeKALB COUNTY SCHOOL BOARD
DISTRICTS, ETC.
No. 916 (Senate Bill No. 729).
AN ACT
To amend an Act establishing in DeKalb County districts from
which the members of the county board of education shall be elected,
approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to
change the provisions relative to 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
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing in DeKalb County districts from
which the members of the county board of education shall be elected,
approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, is
amended by striking Section 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:
3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 through 212.07, 213.01 through 213.04,
217.02 and 218.03.
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:
District No. 2
DeKalb
Tracts 214.01 through 214.04, 215,
216.01 through 216.03, 217.01, 222,
223.01, 223.02, and 224.01 through 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 229, 230, 231.01, 231.02, 234.03,
235.01 through 235.03, 236, 237, and 238.01
through 238.03.
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:
GEORGIA LAWS 1982 SESSION
3799
District No. 4
DeKalb
Tracts 218.02, 218.04, 219.01 through 219.03,
220.01 through 220.03, 221, and 231.04.
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 231.03, 232.01 through 232.03, 233.01
through 233.04, and 234.04 through 234.07.
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 terms
Tract or Census Tract, Block Group, and Block shall mean and
shall 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
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)
3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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:
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:
GEORGIA LAWS 1982 SESSION
3801
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 28th day of January, 1982.
Thomas R. Scott
Senator,
District 43
3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia.
DeKalb County.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher at
Decatur, County of DeKalb, State of Georgia who, being duly sworn,
states on oath that the report of Local Legislation-Board of Educa-
tion, a true copy of which is hereto annexed, was published in said
newspaper in its issue of the 4,11,18th day of February, 1982.
Gerald W. Crane,
Co-Publisher
(by) /s/ Linda L. Orr
Agent
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Linda L. Orr
Notary Public
My Commission Expires June 21, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3803
BALDWIN COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 917 (Senate Bill No. 147).
AN ACT
To amend an Act creating and establishing a small claims court for
Baldwin County, Georgia, approved April 21, 1967 (Ga. L. 1967, p.
3312), as amended, so as to change the provisions relating to the
jurisdiction of the Small Claims Court of Baldwin County; to place
the small claims court judge on an annual salary; to provide for the
disposition of fees; to provide for a treasury for the small claims court;
to change the provisions relating to costs in such court; to change the
provisions relating to cost in cases of garnishment; 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 creating and establishing a small claims court
for Baldwin County, Georgia, approved April 21,1967 (Ga. L. 1967, p.
3312), as amended, is amended by striking Section 1 in its entirety
and inserting in lieu thereof a new Section 1 to read as follows:
Section 1. There is hereby created and established in Baldwin
County a small claims court, which court shall have civil jurisdiction
in all cases ex contractu in which the principal amount of the demand
of damages claimed 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;
and such jurisdiction shall include the power to issue writs of garnish-
ment and attachment and, in addition to the powers herein specifi-
cally granted, also the powers granted to justices of the peace by the
Constitution and laws of the State of Georgia.
Section 2. Said Act is further amended by striking Section 5 in
its entirety and inserting in lieu thereof a new Section 5 to read as
follows:
Section 5. (a) All fees collected by the judge as herein authorized
shall be paid into a depository at a chartered bank designated by the
Baldwin County Board of Commissioners. Said depository shall serve
3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as the treasury of the small claims court. The salary of the judge,
compensation of court personnel, and other expenses in the operation
of the small claims court shall be paid from such treasury by the
Baldwin County Board of Commissioners.
(b) The judge of the Small Claims Court of Baldwin County is
placed on an annual salary, the amount of which shall be determined
annually by the Baldwin County Board of Commissioners.
Section 3. Said Act is further amended by striking from subsec-
tion (d) of Section 6 the following:
$9.00,
and inserting in lieu thereof the following:
$10.00,
so that when so amended subsection (d) shall read as follows:
(d) When served as provided, the actual cost of service shall be
taxable as costs 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.
Section 4. Said Act is further amended by striking in its entirety
subsection (a) of Section 8 and inserting in lieu thereof a new
subsection (a) to 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; provided, how-
ever, that the deposit of cost in cases of continuing garnishment as
provided in Code Chapter 46-7 shall be $70.00. 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.
GEORGIA LAWS 1982 SESSION
3805
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 session of the General Assembly of Georgia, a bill to amend an
Act creating and establishing a Small Claims Court for Baldwin
County, Georgia, approved April 21,1967 (Ga. Laws 1967, p. 3312), as
amended; and for other purposes.
This 29 day of December, 1980.
Culver Kidd
Senator,
25th District
Publishers Affidavit.
State of Georgia.
Baldwin County.
Before me, the undersigned, Notary Public, this day personally
came Roger W. Coover, who, being first duly sworn, according to law,
says that he is the publisher of the Union-Recorder, official newspa-
per published at Milledgeville, in said county and State, and that the
publication, of which the annexed is a true copy, was published in said
paper on the 2nd, 9th, & 16th days of January, 1981. As provided by
law.
/s/ Roger W. Coover
3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subscribed and sworn before me,
this 18 day of Jan., 1981.
/s/ Chester L. Gunby.
Notary Public.
(Seal).
Approved April 12, 1982.
CITY OF GUYTON NEW CHARTER.
No. 919 (Senate Bill No. 430).
AN ACT
To reincorporate the City of Guyton in the County of Effingham;
to repeal and replace the heretofore existing charter of the City of
Guyton and provide a new charter for said city; to provide for the
creation, incorporation, and powers of said city; to provide for the
governmental structure; to provide for administrative affairs; to
provide for a municipal court; to provide for elections and removal; to
provide for financial affairs; to provide for accounting and budgeting;
to provide for procurement and property management; to provide for
zoning; to provide for general matters; to provide for other matters
relative to the foregoing; to provide for severability; to repeal specific
Acts; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
CREATION, INCORPORATION, POWERS
1.10 Incorporation
1.11 Corporate boundaries
1.12 Powers and construction
1.13 Examples of powers
1.14 Exercise of powers
GEORGIA LAWS 1982 SESSION
3807
Section 1.10. Incorporation. This Act shall constitute a new
charter for the City of Guyton in the County of Effingham, herein-
after referred to at times as the city, repealing and replacing the
charter as provided by an Act approved March 10, 1933 (Ga. Laws
1933, p. 952), as amended, particularly by an Act approved February
11,1957 (Ga. Laws 1957, p. 2047), an Act approved April 5,1961 (Ga.
Laws 1961, p. 2948), an Act approved March 2, 1966 (Ga. Laws 1966,
p. 2720), an Act approved April 10,1968 (Ga. Laws 1968, p. 3523), an
Act approved January 13, 1969 (Ga. Laws 1969, p. 3952), an Act
approved April 28, 1969 (Ga. Laws 1969, p. 3964), and an Act
approved April 10,1971 (Ga. Laws 1971, p. 3603). The City of Guyton
shall be a continuation of and successor to said city as heretofore
incorporated. The City of Guyton, Georgia, and the inhabitants
thereof shall continue to be a body politic and corporate under the
same name and style of Guyton, Georgia. Under that name, said city
shall continue to be vested with all 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 or
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, (a) The boundaries of this
city shall be those existing on the effective date of this charter with
such alterations as may be made from time to time in the manner
provided by general state law. The boundaries of this city at all times
shall be shown on a map, a written description, or any combination
thereof to be retained permanently in the office of the city clerk and
to be designated as the Official Map or Description of the Corporate
Limits of the City of Guyton, Georgia. Photographic, typed, or other
copies of such map or description certified by the city council shall be
admitted as evidence in all courts and shall have the same force and
effect as with the original map or description.
(b) The city council may provide for the redrawing of any such
map by ordinance to reflect lawful changes in the corporate bound-
aries. A redrawn map shall supersede for all purposes the earlier map
or maps which it is designated to replace.
3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the 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 appropri-
ations for the support of the government of the city, to authorize
the expenditure of money for any purposes authorized by this
charter and for any purpose for which a municipality is authorized
by the laws of the State of Georgia, and to provide for the payment
of expenses of the city.
(5) Municipal debts. To appropriate and borrow money for
the payment of debts of the city and 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 1982 SESSION
3809
(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 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 services and 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 valid
regulations by the Georgia Public Service Commission.
(11) Roadways. To lay out, open, extend, widen, narrow,
establish or change the grade of, abandon or close, construct, pave,
curb, gutter, adorn with shade trees, otherwise improve, maintain,
repair, clean, prevent erosion of, and light roads, alleys, and
walkways within the corporate limits of the city; and to grant
franchises and rights of way throughout the streets and roads and
over the bridges and viaducts for the use of public utilities.
(12) Public improvements. To provide for the acquisition,
construction, building, operation, and maintenance of public
ways, parks and playgrounds, recreational facilities, cemeteries,
markets and market houses, public buildings, libraries, public
housing, airports, hospitals, terminals, docks, parking facilities, or
charitable, cultural, educational, recreational, conservation, sport,
curative, corrective, detentional, penal, and medical institutions,
agencies, and facilities, and any other public improvements inside
3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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) 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; and to license the construction and erection of buildings
and all other structures.
(14) Planning and zoning. To provide such comprehensive
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 pun-
ishment of drunkenness, riots, and public disturbances.
(16) Special areas of public regulation. To regulate and
prohibit junk dealers, pawnshops, the manufacture, sale, or trans-
portation of intoxicating liquors, and the use and sale of firearms;
to regulate the transportation, storage, and use of combustible,
explosive, and inflammable materials, the use of lighting and
heating equipment, and any other business or situation which may
be dangerous to persons or property; to regulate and control, by
taxation or otherwise, the conduct of peddlers and itinerant
trades, theatrical performances, exhibitions, and shows of any
kind whatever; and to license, tax, regulate, or prohibit profes-
sional 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.
(18) Health and sanitation. To prescribe standards of health
and sanitation and to provide for the enforcement of such stan-
dards.
GEORGIA LAWS 1982 SESSION
3811
(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 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 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; to provide for the manner and method of collecting
such service charges and for enforcing payment of same; to charge,
impose, and collect a sewer connection fee or fees and to change
the same from time to time, such fees to be levied on the users
connecting with the sewerage system.
3812 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 shall work out such sentence in any
public works or on the streets, roads, drains, and squares in the
city or to provide for commitment of such persons to any county
correctional institution or jail by agreement with the appropriate
county officials.
(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; and to provide punishment for violation of ordinances
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 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) Special assessments. To levy and provide for the collec-
tion of special assessments to cover the costs for any public
improvements.
(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.
GEORGIA LAWS 1982 SESSION
3813
(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
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 and operate such
public transportation 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.
(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; to exercise all implied powers necessary to carry into
execution all powers granted in this charter as fully and com-
pletely 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.
3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
No listing of particular powers in this charter shall be held to be
exclusive of others nor restrictive of general words and phrases
granting powers but shall be held to be in addition to such powers
unless expressly prohibited to municipalities under the Constitution
or applicable laws of the State of Georgia.
Section 1.14. Exercise of powers. All powers, functions, rights,
privileges, and immunities of the city, its officers, agencies, or
employees, shall be carried into execution as provided by this charter.
If this charter makes no provision, such shall be carried into execution
as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE II
GOVERNMENTAL STRUCTURE
CHAPTER 1
LEGISLATIVE BRANCH
2.10 City council creation; composition;
number; election
2.11 City council terms and qualifications
for office
2.12 Vacancies; filling of vacancies
2.13 Compensation and expenses
2.14 Holding other office; voting when
personally interested
2.15 Prohibitions
2.16 Inquiries and investigations
2.17 General power and authority of the
city council
Section 2.10. City council creation; composition; number; elec-
tion. The legislative authority of the government of this city, except
as otherwise specifically provided in this charter, shall be vested in a
city council to be composed of a mayor and four council members.
The mayor and council members shall be elected in the manner
provided by Article V of this charter.
Section 2.11. City council terms and qualifications for office. The
members of the city council shall serve for terms of four years and
until their respective successors are elected and qualified. No person
shall be eligible to serve as mayor or council member unless he shall
have been a resident of the city for a period of not less than 30 days
GEORGIA LAWS 1982 SESSION
3815
immediately prior to the date of the election for mayor or members of
the city council; and each shall continue to reside therein during his
period of service and shall be registered and qualified to vote in
municipal elections of this city.
Section 2.12. Vacancies; filling of vacancies, (a) The office of
mayor or council member 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 mayor or council member shall be
filled for the remainder of the unexpired term, if any, as provided for
in Article V.
Section 2.13. Compensation and expenses. The mayor and
council members shall receive compensation for their services in an
amount set by ordinance. The mayor and council members shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties of office.
Section 2.14. Holding other office; voting when personally inter-
ested. (a) Except as authorized by general state law, the mayor or
council member shall not hold any other city office or city employ-
ment during the term for which he was elected.
(b) Neither the mayor nor any member of the city council shall
vote upon or sign or veto any question in which he is personally
interested.
Section 2.15. 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
3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
would tend to impair the independence of his judgment or action
in the performance of his official 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 informa-
tion 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 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; or
(6) Vote or otherwise participate in the negotiation or the
making of any contract with any business or entity in which he has
a financial interest.
(b) Disclosure. Any elected official, appointed officer, or
employee who shall have any private financial interest, directly or
indirectly, in any contract or matter pending before or within any
department of the city shall disclose such private interest to the city
council. The mayor or any council member who has a private interest
in any matter pending before the city council shall disclose such
private interest, 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
GEORGIA LAWS 1982 SESSION
3817
promulgated by the city council or the governing body of such entity
or agency.
(d) Contracts voidable and rescindable. Any violation of this
section which occurs with the knowledge, express or implied, of
another party to a contract or sale shall render said contract or sale
voidable as to that party at the option of the city council.
(e) Ineligibility of elected officials. Except where authorized by
law, neither the mayor nor any council member shall hold any other
elective or compensated appointive office in the city or otherwise be
employed by said government or any agency thereof during the term
for which he was elected. No former mayor and no former council
member shall hold any compensated appointive office in the city until
one year after the expiration of the term for which he was elected.
(f) Political activities of certain officers and employees. No
appointed officer and no employee of the city shall continue in such
employment upon qualifying as a candidate for nomination or elec-
tion to any public office.
(g) Penalties for violation. (1) Any city officer or employee who
knowingly conceals such financial interest or knowingly violates
any of the requirements of this section shall be guilty of malfea-
sance in office or position and shall be deemed to have forfeited
his office or position.
(2) Any officer or employee of the city who shall forfeit his
office or position as described in paragraph (1) above shall be
ineligible for appointment or election to or employment in a
position in the city government for a period of three years there-
after.
Section 2.16. Inquiries and investigations. The city council may
make inquiries and investigations into the affairs of the city and the
conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey any lawful order issued in the exercise of these powers
by the city council shall be punished as provided by ordinance.
Section 2.17. General power and authority of the city council.
Except as otherwise provided by this charter, the city council shall be
3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vested with all the powers of government of this city as provided in
Article I.
CHAPTER 2
ORGANIZATION AND PROCEDURE
2.18 Organization meeting
2.19 Regular and special meetings
2.20 Rules of procedure
2.21 Quorum; voting
2.22 Ordinance form; procedure
2.23 Action requiring an ordinance
2.24 Emergencies
2.25 Codes of technical regulations
2.26 Signing; authenticating; recording;
codification; printing
Section 2.18. Organization meeting. The city council shall meet
for organization on the second Tuesday in January after an election.
The meeting shall be called to order by the city clerk and the oath of
office shall be administered to the newly elected members as follows:
I do solemnly swear (or affirm) that I will faithfully perform the
duties of (mayor or council member as the case may be) of this city
and that I will support and defend the charter thereof as well as the
Constitution and laws of the State of Georgia and of the United States
of America.
Section 2.19. Regular and special meetings, (a) The city council
shall hold regular meetings at such time and places as prescribed by
ordinance.
(b) Special meetings of the city council may be held on call of the
mayor or three members of the city council. Notice of such special
meetings shall be served on all other members personally, or by
telephone personally, at least 48 hours in advance of the meeting.
Such notice to council members shall not be required if the mayor and
all council members are present when the special meeting is called.
Such notice of any special meeting may be waived by a council
member in writing before or after such a meeting and attendance at
the meeting shall also constitute a waiver of notice on any business
transacted in such council members presence. Only the business
stated in the call may be transacted at the special meeting.
GEORGIA LAWS 1982 SESSION
3819
(c) All meetings of the city council shall be public to the extent
required by general state law and notice to the public of special
meetings shall be made fully as is reasonably possible five days prior
to such meetings.
Section 2.20. Rules of procedure. The city 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.
Section 2.21. Quorum; voting. Two council members together
with the mayor or mayor pro tem 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 five council members shall be required for the
adoption of any ordinance, resolution, or motion except as otherwise
provided in this charter. The mayor shall have a vote on the council.
Section 2.22. 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 Guyton hereby ordains . . . . and every ordinance shall so
begin.
(b) An ordinance may be introduced by any council member and
read at a regular or special meeting of the city council. Ordinances
shall be considered and adopted or rejected by the city council in
accordance with the rules which it shall establish; provided, however,
an ordinance shall not be adopted the same day it is introduced,
except for emergency ordinances provided in Section 2.24. Upon
introduction of any ordinance, the clerk shall as soon as possible
distribute a copy to the mayor and to each council member and shall
file a reasonable number of copies in the office of the clerk and at such
other public places as the city council may designate.
Section 2.23. Action requiring an ordinance. In addition to other
acts required by general state law or by specific provisions of this
charter to be done by ordinance, acts of the city council which have
the force and effect of law shall be done by ordinance.
3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.24. Emergencies. To meet a public emergency affecting
life, health, property, or public peace, the city council may convene on
call of the mayor or three council members and promptly adopt an
emergency ordinance, but such ordinance may not levy taxes, grant,
renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for
loans to be repaid within 30 days. An emergency ordinance shall be
introduced in the form generally prescribed for ordinances except
that it shall be plainly designated as an emergency ordinance and
shall contain, after the enacting clause, a declaration stating that an
emergency exists and describing it in clear and specific terms. An
emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the affirmative
vote of at least three council members shall be required for adoption.
It shall become effective upon adoption or at such later time as it may
specify. Every emergency ordinance shall automatically stand
repealed 30 days following the date upon which it was adopted, but
this shall not prevent reenactment of the ordinance in the manner
specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emer-
gency ordinances.
Section 2.25. Codes of technical regulations, (a) The city council
may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as generally prescribed
for ordinances except that (1) the requirements of Section 2.19(b) for
distribution and filing of copies of the ordinance shall be construed to
include copies of any code of technical regulations, as well as the
adopting ordinance; and (2) a copy of each adopted code of technical
regulations, as well as the adopting ordinance, shall be authenticated
and recorded by the clerk pursuant to Section 2.26.
(b) Copies of any adopted code of technical regulations shall be
made available by the clerk for distribution or for purchase at a
reasonable price.
Section 2.26. Signing; authenticating; recording; codification;
printing, (a) The clerk shall authenticate by his signature and record
in full all ordinances adopted by the council in a properly indexed
book kept for that purpose.
GEORGIA LAWS 1982 SESSION
3821
(b) The city council shall provide for the preparation of a general
codification of all of the ordinances of the city having the force and
effect of law. The general codifications shall be adopted by the city
council by ordinance and shall be published promptly, together with
all amendments thereto and such codes of technical regulations and
other rules and regulations as the city council may specify. This
compilation shall be known and cited officially as The Code of the
City of Guyton, 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 amend-
ment 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 a reasonable price 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 amend-
ments 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.
CHAPTER 3
EXECUTIVE BRANCH
2.35 Election of mayor; forfeiture; compensation
2.36 Mayor pro tem
2.37 Chief executive officer
2.38 Powers and duties of mayor
2.39 Submission of ordinances to the mayor;
veto power
Section 2.35. Election of mayor; forfeiture; compensation. The
mayor shall be elected and serve for a term of four years and until his
successor is elected and qualified. He shall be a qualified elector of
this city and shall have been a resident of this city for 30 days
immediately preceding his election. He shall continue to reside in this
city during the period of his service. He shall forfeit his office on the
same grounds and under the same procedure as for council members.
3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The compensation of the mayor shall be established in the same
manner as for council members.
Section 2.36. Mayor pro tem. The city council shall elect by
majority vote among its members a mayor pro tem who shall assume
the duties and powers of the mayor upon declaration by the city
council of the mayors disability or absence.
Section 2.37. 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 2.38. Powers and duties of mayor. As the chief executive
of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully
executed;
(2) Appoint and remove all officers, department heads, and
any employees of the city except as otherwise provided in this
charter;
(3) Exercise supervision over all executive and administra-
tive work of the city and provide for the coordination of adminis-
trative activities;
(4) Prepare and submit to the city council a recommended
annual operating budget and recommended capital budget;
(5) Submit to the city council at least once a year a state-
ment covering the financial conditions of the city and from time to
time such other information as the city council may request;
(6) Recommend to the city council such measures relative to
the affairs of the city, improvement of the government, and
promotion of the welfare of its inhabitants as he may deem
expedient;
(7) Call special meetings of the city council as provided for
in Section 2.19(b);
GEORGIA LAWS 1982 SESSION
3823
(8) Approve or disapprove ordinances as provided in Sec-
tion 2.40;
(9) Examine and audit all accounts of the city;
(10) Require any department or agency of the city to submit
written reports whenever he deems it expedient;
(11) Perform other duties as may be required by general state
law, this charter, or ordinance.
Section 2.39. Submission of ordinances to the mayor; veto power,
(a) Every ordinance adopted by the city council shall be presented
promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an 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 city council through the
clerk a written statement of his reasons for the veto. The clerk shall
record upon the ordinance the date of its delivery to and receipt from
the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the
clerk to the city council at its next meeting and, should the city
council then or at its next general meeting adopt the ordinances by an
affirmative vote of three members, they 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 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 (c) above.
3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III
ADMINISTRATIVE AFFAIRS
Organization and General Provisions
3.10 Administrative and service departments
3.11 Board, commissions, and authorities
3.12 City attorney
3.13 City clerk
3.14 Tax collector
3.15 City accountant
3.16 Position classification and pay plans
3.17 Personnel policies
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 the
city shall be appointed solely on the basis of their respective adminis-
trative and professional qualifications.
(c) All appointive officers and directors of departments shall
receive such compensation as prescribed by ordinance.
(d) There may be a director of each department or agency who
shall be its principal officer. Each director shall, subject to the
direction and supervision of the mayor, be responsible for the 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 coun-
cil. The mayor may suspend or remove directors under his supervi-
sion but such shall not be effective for 21 calendar days following the
mayors giving written notice of such action and the reasons therefor
to the director involved and the city council. The director involved
may appeal to the city council which, after a hearing, may override the
mayors action by a vote of three council members.
GEORGIA LAWS 1982 SESSION
3825
Section 3.11. Board, 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 the city council deems necessary and shall by ordinance
establish the composition, period of existence, duties, and powers
thereof.
(b) All members of boards, commissions, and authorities of the
city shall be appointed by the city council for such terms of office and
in such manner as shall be provided by ordinance, except where other
appointing authority, term of office, or manner of appointment is
prescribed by this charter or general state law.
(c) The city council, by ordinance, may provide for the compen-
sation and reimbursement for actual and necessary expenses of the
members of any board, commission, or authority.
(d) No member of any board, commission, or authority shall
hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city
shall be filled for the unexpired term in the manner prescribed herein
for original appointment, except as otherwise provided by this charter
or general state law.
(f) No member of a board, commission, or authority shall assume
office until he has executed and filed with the clerk of the city an oath
obligating himself to perform faithfully and impartially the duties of
his office, such oath to be prescribed by ordinance and administered
by the mayor.
(g) Any member of a board, commission, or authority may be
removed from office for cause by a vote of three members of the city
council.
(h) Except as otherwise provided by this charter or by general
state law, each board, commission, or authority of the city shall elect
one of its members as chairman and one member as 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
3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 shall appoint
a city attorney, together with such assistant city attorneys as may be
authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the city. The city attorney shall be
responsible for representing and defending the city in all litigation in
which the city is a party; may be the prosecuting officer in the
municipal court; shall attend the meetings of the council as directed;
shall advise the city council, mayor, and other officers and employees
of the city concerning legal aspects of the 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 shall appoint a
city clerk who shall not be a council member. The city clerk shall be
custodian of the official city seal, maintain city council records
required by this charter, and perform such other duties as may be
required by the city council.
Section 3.14. Tax collector. The mayor and council may appoint a
tax collector to collect all taxes, licenses, fees, and other moneys
belonging to the city subject to the provisions of this charter and the
ordinances of the city; or the city clerk may act as the tax collector if
no tax collector is appointed; 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 mayor and council may
appoint a city accountant to perform the duties of an accountant.
Section 3.16. Position classification and pay plans. The mayor
shall be responsible for the preparation of a position classification
and pay plan which shall be submitted to the city council for
approval. Said plans may apply to all employees of the city and any of
its agencies, departments, boards, commissions, or authorities. When
a pay plan has been adopted, the city council shall not increase or
decrease the salaries of individual employees except by amendment
of said pay plan. For purposes of this section, all elected and
appointed city officials are not city employees.
GEORGIA LAWS 1982 SESSION
3827
Section 3.17. Personnel policies. The city council shall adopt
rules and regulations consistent with this charter concerning: (1) the
method of employee selection and probationary periods of employ-
ment; (2) the administration of the position classification and pay
plan, methods of promotion and application of service ratings thereto,
and transfer of employees within the classification plan; (3) hours of
work, vacation, sick leave, and other leaves of absence, overtime pay,
and the order and manner in which layoffs shall be effected; (4) such
dismissal hearings as due process may require; and (5) such other
personnel policies as may be necessary to provide for adequate and
systematic handling of personnel affairs.
ARTICLE IV
MUNICIPAL COURT
4.10 Creation; name
4.11 Chief judge; associate judge
4.12 Convening
4.13 Jurisdiction; power
4.14 Appeal
4.15 Rules for court
4.16 Right to counsel
Section 4.10. Creation; name. City council may create a court to
be known as the Municipal Court of the City of Guyton, Georgia.
Section 4.11. Chief judge, associate judge, (a) The municipal
court, if created by council, shall be presided over by a chief judge and
such part-time, full-time, or stand-by associate judges as shall be
provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on
the municipal court unless he shall have attained the age of 21 years
and shall be a member of the State Bar of Georgia. All judges shall be
appointed by the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members
of the city council.
(e) Before entering upon the duties of his office, each judge shall
take an oath given by the mayor, that he will honestly and faithfully
3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2.20.
Section 4.12. Convening. The municipal court shall be convened
at regular intervals as designated by ordinance or as provided by
ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall
try and punish violations of all city ordinances.
(b) The municipal court shall have authority to punish those in
its presence for contempt, provided that such punishment shall not
exceed $200.00 or 30 days in jail.
(c) The municipal court may fix punishment for offenses within
its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90
days or both, 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 over to superior courts for violations of state laws.
(e) The municipal court shall have authority to establish bail
and recognizances to insure the presence of those charged with
violations before said court and shall have discretionary authority to
accept cash or personal or real property as surety for the appearance
of persons charged with violations. Whenever any person shall give
bail for his appearance and shall fail to appear at the time fixed for
trial, his bond shall be forfeited by the judge presiding at such time,
and an execution shall be issued thereon by serving the defendant and
his sureties with a rule nisi, at least two days before a hearing on the
rule nisi. In the event that cash or property is accepted in lieu of bond
for security for the appearance of a defendant at trial, and if such
defendant fails to appear at the time and place fixed for trial, the cash
so deposited shall be on order of the judge declared forfeited to the
city, or the property so deposited shall have a lien against it for the
value forfeited, which lien shall be enforceable in the same manner
and to the same extent as a lien for city property taxes.
GEORGIA LAWS 1982 SESSION
3829
(f) 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.
(g) 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.
(h) The municipal court may compel the pxesence 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 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
Effingham 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. With the approval of the city
council, the judge shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; pro-
vided, however, that the city council may adopt in part or in toto the
rules and regulations for procedure in the superior court under the
general laws of the State of Georgia. The rules and regulations made
or adopted shall be filed with the city clerk, shall be available for
public inspection, and, upon request, a copy shall be furnished to all
defendants in municipal court proceedings at least 48 hours prior to
said proceedings.
Section 4.16. Right to counsel. In all cases before the municipal
court, an indigent defendant shall be advised as to the right to have
3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
counsel appointed and an attorney must be provided where desired
except in such cases where the judge does not wish to impose a jail
term.
ARTICLE V
ELECTIONS AND REMOVAL
5.10 Applicability of general law
5.11 Election of the city council and mayor
5.12 Vacancy in office of mayor or council member
5.13 Other provisions
5.14 Nonpartisan elections
5.15 Election by majority
5.16 Grounds for removal
5.17 Procedure for 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) and Chapter 3 of Title 21 of the Official Code
of Georgia Annotated, as now or hereafter amended.
Section 5.11. Election of the city council and mayor. There shall
be a municipal general election biennially on the second Tuesday of
September.
There shall be elected the mayor and two council members at one
election and every other election thereafter. The remaining two city
council seats 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 8.13.
Section 5.12. Vacancy in office of mayor or council member. A
vacancy shall exist if the mayor or a councilman resigns, dies, moves
his residence from the city, has been continuously disabled for a
period of six months so as to prevent him from discharging the duties
of his office, accepts any federal, state, county, or other municipal
elected office, or is convicted of malfeasance or misfeasance in office,
a felony, a violation of the Act, or a violation of the election laws of the
state. The mayor and council shall appoint a qualified person to fill
such a vacancy for the remainder of the unexpired term.
GEORGIA LAWS 1982 SESSION
3831
Section 5.13. Other provisions. Except as otherwise provided by
this charter, the city council shall by ordinance prescribe such rules
and regulations it deems appropriate to fulfill any options and duties
under the Georgia Municipal Election Code, Title 34A of the Code of
Georgia of 1933 (Ga. Laws 1968, p. 885) and Chapter 3 of Title 21 of
the Official Code of Georgia Annotated, as now or hereafter amended.
Section 5.14. 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 5.15. Election by majority. The person receiving a
majority of the votes cast for any city office shall be elected.
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:
(1) Incompetence or misfeasance or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this
charter;
(5) Abandonment of office or neglect to perform the duties
thereof; or
(6) Failure for any other cause to perform the duties of
office as required by this charter or by state law.
Section 5.17. Procedure for removal. Removal of any above-
described officer may be accomplished by any one of the following
methods:
(1) By an affirmative vote of all council members, excluding
any abstentions, after an investigative hearing. In the event that
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
3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Effingham County. Such appeal shall be
governed by the same rules as govern appeals to the superior court
from the probate court.
(2) By information filed in the Superior Court of Effingham
County as provided by state law.
ARTICLE VI
FINANCE
6.10 Property tax
6.11 Millage rate, due dates, payment methods
6.12 Occupation and business taxes
6.13 Licenses, permits, fees
6.14 Franchises
6.15 Service charges
6.16 Special assessments
6.17 Construction; other taxes
6.18 Collection of delinquent taxes and fees
Section 6.10. Property tax. The city council may assess, levy, and
collect an ad valorem tax on all real and personal property within the
corporate limits of the city that is subject to such taxation by the state
and county. This tax is for the purpose of raising revenues to defray
the costs of operating the city government, providing governmental
services, providing for the repayment of principal and interest on
general obligations, and providing for any other public purpose as
determined by the city council in its discretion.
Section 6.11. Millage rate, due dates, payment methods. The city
council by ordinance shall establish a millage rate for the city
property tax, which shall not exceed ten mills, a due date, and the
length of time in which these taxes must be paid. The city council by
ordinance may provide for the payment of these taxes in installments
or in one lump sum as well as authorize the voluntary payment of
taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council by
ordinance shall have the power to levy such occupation or business
taxes as are not denied by general state law. Such taxes may be levied
GEORGIA LAWS 1982 SESSION
3833
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 ordi-
nance shall have the power to require any individual or corporation
transacting 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 6.16. The city council by ordi-
nance may establish reasonable requirements for obtaining or keep-
ing such licenses as the public health, safety, and welfare necessitates.
Section 6.14. Franchises. The city council shall have the right 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 compa-
nies, and other similar organizations. The city council shall deter-
mine the duration, provisions, terms, whether the same shall be
exclusive or nonexclusive, and the consideration for such franchises;
provided, however, no franchise shall be granted for a period in excess
of 35 years and no franchise shall be granted unless the city receives
just and adequate compensation therefor. The city council shall
provide for the registration of all franchises with the city clerk in a
registration book to be kept by him. The city council may provide by
ordinance for the registration within a reasonable time of all 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 tolls for sewer,
sanitary, health, 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.
3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.16. Special assessments. The city council by ordinance
shall have the power to assess and collect the cost of constructing,
reconstructing, widening, or improving any public way, street, side-
walk, 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 may provide generally for the collection of
delinquent taxes, fees, or other revenue due the city under Sections
6.10 through 6.17 by whatever reasonable means as are not precluded
by general state law. Such provisions shall include dates when the
taxes or fees are due, late penalties or interest, issuance and execu-
tions 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.
CHAPTER 2
BONDED AND OTHER INDEBTEDNESS
6.19 General obligation bonds
6.20 Revenue bonds
6.21 Short-term notes
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 general laws governing bond
issuances by municipalities in effect at the time said issue is under-
taken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by
the city council as state law now or hereafter provides. Such bonds
GEORGIA LAWS 1982 SESSION
3835
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.
CHAPTER 3
ACCOUNTING AND BUDGETING
6.22 Applicability of Georgia law
6.23 Fiscal year
6.24 Budget officer
6.25 Submission of operating budget to city council
6.26 Budget hearings
6.27 Budget ordinance
6.28 Tax levies
6.29 Changes in appropriations
6.30 Capital budget
6.31 Independent audit
Section 6.22. Applicability of Georgia law. All matters relating to
accounting and budgeting procedures shall be conducted in accord-
ance with the Local Government Financial Management Standards
and Procedures Act, Chapter 23-26 of the Code of Georgia of 1933
(Ga. Laws 1980, p. 1738) and Chapter 81 of Title 36 of the Official
Code of Georgia Annotated, as now or hereafter amended.
Section 6.23. Fiscal year. The mayor and council shall establish
by ordinance a fiscal year for the operation of the local government
which shall begin on July 1 of each year and end on June 30 of the
following year.
Section 6.24. Budget officer. The mayor and council may appoint
a budget officer. It shall be the duty of the budget officer to exercise
control over the administrative functions of the budgeting prepara-
tion. The budgeting officer shall serve at the will of the mayor and
council, his salary being set by ordinance.
Section 6.25. Submission of operating budget to city council, (a)
On or before a date fixed by the council but not later than 30 days
prior to the beginning of each fiscal year, the budget officer shall
submit to the city council a proposed operating budget for the ensuing
3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fiscal year. The budget shall be prepared in accordance with general
state law. The mayor and council shall set a date for the review of the
proposed budget and a copy of the budget shall be filed in the office of
the city clerk and shall be open for public inspection.
(b) At the time of submission, the mayor and council shall
publish a statement advising the residents of Guyton of the availabil-
ity of the budget. This notice shall be prominently displayed as an
advertisement or news article not in the legal section of a newspaper
of general circulation in the city. The statement shall also give notice
of the time and place of the budget hearings required in Section 6.26.
Section 6.26. Budget hearings. Not later than one week prior to
adoption of the budget ordinance or resolution, the governing author-
ity shall conduct a public hearing at which time any persons wishing
to be heard on the budget may appear. Other such meetings may
occur if the mayor and council deem them necessary.
Section 6.27. Budget ordinance, (a) The mayor and council by
ordinance shall adopt the final operating budget for the ensuing fiscal
year no later than the first meeting in the month of May, this date
being after the date of the hearing required by Section 6.26. The
budget shall be adopted at a public meeting called for in Section 6.26.
(b) The budget as finally amended and adopted must provide
for all expenditures required by state law and 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.
(c) If the city council fails to adopt the budget by the date stated
in subsection (a), 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 a budget is adopted.
(d) The amount set forth in the adopted operating budget 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.
GEORGIA LAWS 1982 SESSION
3837
Section 6.28. Tax levies. As the next order of business following
adoption of the operating budget, the mayor and 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 6.29. Changes in appropriations. The mayor and council
may make changes in appropriations in the current operating budget
in the manner prescribed by state law at any regular meeting or
special meeting called for such purpose. Any additional appropri-
ation may be made only from an existing unappropriated surplus in
the fund to which it applies or on a revised estimate of revenue.
Section 6.30. Capital budget. The mayor and council shall
provide by ordinance for the adoption of a capital improvements
budget which shall apply to all departments, boards, authorities,
commissions, offices, agencies, and activities.
Section 6.31. Independent Audit. There shall be an annual
independent audit of all city accounts, funds, and financial trans-
actions conducted in accordance with state laws.
CHAPTER 4
PROCUREMENT AND PROPERTY MANAGEMENT
6.32 Contracting procedures
6.33 Centralized purchasing
6.34 Sale of city property
Introduction: The following provisions set forth minimum require-
ments for property procurement and management. These sections
provide the mayor and council with the power to sell or convey real or
personal property owned by the city, to quitclaim rights held in
property, to swap land parcels and other sections generally provide
for contracting procedures and centralized purchasing.
Section 6.32. Contracting procedures. No contract with the city
shall be binding on the city unless:
3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) It is in writing;
(2) It is drawn by or submitted and reviewed by the city
attorney and, as a matter or course, is signed by him to indicate
such drafting or review; and
(3) It is made or authorized by the city council and such
approval is entered in the city journal of minutes required under
Section 2.20.
Section 6.33. Centralized purchasing. The city council shall by
ordinance prescribe procedures for a system of centralized purchasing
for the city.
Section 6.34. 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 Code of Georgia of 1933
and Code Section 36-37-6 of the Official Code of Georgia Annotated
(Ga. Laws 1976, p. 350).
(b) The city council may quitclaim any rights it may have in
property not needed for public purposes upon report by the mayor
and adoption of a resolution both finding that the property is not
needed for public or other purposes and that the interest of the city
has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street,
avenue, alley, or public place of the city a small parcel or tract of land
is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the city council may authorize the mayor to
execute and deliver in the name of the city a deed conveying said cut
off or separated parcel or tract of land to an abutting or adjoining
property owner or owners in exchange for rights of way of said street,
avenue, alley, or public place 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.
GEORGIA LAWS 1982 SESSION
3839
ARTICLE VII
ZONING
7.10 Zoning board
7.11 Zoning board of appeals
Section 7.10. Zoning board. The mayor and council may appoint a
zoning and planning board to act in the place of the mayor and
council and the zoning board may adopt ordinances and regulations
for the administration thereof. The zoning board shall have the
authority to establish zoning rules and regulations and a zoning map.
Section 7.11. Zoning board of appeals. The mayor and council
may appoint a zoning board of appeals to hear cases involving
variances from the zoning rules and regulations.
ARTICLE VIII
GENERAL PROVISIONS
8.10 Eminent domain
8.11 Official bonds
8.12 Existing ordinances, resolutions,
rules, and regulations
8.13 First election under this charter
8.14 Existing personnel and officers
8.15 Pending matters
8.16 Penalties
8.17 Construction
8.18 Severability
8.19 Specific law repealed
8.20 Repealer
Section 8.10. 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, waterworks,
electrical systems, gas systems, airports, hospitals, and charitable,
educational, recreational, sport, curative, corrective, detentional,
penal, and medical institutions, agencies, and facilities, and any other
public improvements inside or outside the city, and to regulate the
use thereof; and, for such purposes, property may be taken under any
Georgia law applicable now or provided in the future.
3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8.11. Official bonds. The officers and employees of this
city, both elective and appointive, shall execute such official bonds in
such amount 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 8.12. Existing ordinances, resolutions, rules, and regula-
tions. Existing ordinances, resolutions, rules, and regulations of this
city not in conflict with this charter shall continue in force, unless
repealed or amended, for two years from the effective date of this
charter. During such two-year period, the city council shall review all
such provisions and shall readopt, repeal, or amend each so that a
codification as provided by subsection (b) of Section 2.26 is begun.
Section 8.13. First election under this charter. The first munici-
pal election shall be on September 12, 1982, at which the mayor
position shall be filled for a four-year term, two council member
positions shall be filled for four-year terms, and two council member
positions shall be filled for two-year terms. The two council member
candidates who are elected by the highest number of votes shall be
elected for four-year terms, and the two candidates elected by the
next highest number of votes shall be elected for two-year terms.
Thereafter, beginning in September, 1984, all council members shall
be elected for four-year staggered terms. The governing authority of
the City of Guyton holding office on the date this charter becomes
effective under the provisions of the heretofore existing charter of
said city shall continue as the governing authority of said city under
this charter until successors are elected as herein provided.
Section 8.14. Existing personnel and officers. Except as specifi-
cally 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 city council shall pass a transition ordi-
nance detailing the changes in personnel and appointive officers
required or desired and arranging such titles, rights, privileges, and
powers as may be required or desired to allow a reasonable transition.
Section 8.15. 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.
GEORGIA LAWS 1982 SESSION
3841
Section 8.16. Penalties. The violation of any provisions of this
charter for which penalty is not specifically provided for herein is
hereby declared to be a misdemeanor and shall be punishable by a
fine of not more than $500.00 or by imprisonment not to exceed 60
days, or by both such fine and imprisonment.
Section 8.17. Construction, (a) Section captions in this charter
are informative only and are not to be considered as a part thereof.
(b) The word shall is intended to be mandatory and the word
may is not.
(c) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 8.18. 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 8.19. Specific law repealed. An Act incorporating the City
of Guyton in the County of Effingham, approved March 10,1933 (Ga.
Laws 1933, p. 952), is hereby repealed in its entirety; and all amenda-
tory Acts thereto are likewise repealed in their entirety.
Section 8.20. Repealer. 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 repeal and
replace the present Charter of the City of Guyton in its entirety and
to re-incorporate the City of Guyton in Effingham County, Georgia;
describe the corporate limits, provide for municipal government;
provide for municipal officials, their elections or appointments, terms
3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of office, salary and duties; in power said municipality to levy and
collect taxes and other revenue and expend same; and for other
purposes.
This 12th day of January 1981.
Councilman Anthony N. Alfonso
Chairman of the Charter
Modification Committee
State of Georgia.
Effingham County.
Before me, the undersigned attesting officer, personally appeared
Julie Graham, who being duly sworn, on oath says that The Spring-
field Herald is a newspaper having a general circulation in said
county, published weekly, therein; that it is the official Organ of
Effingham County; and that she is editor & publisher thereof. She
further swears that the clipping attached thereto is from an advertise-
ment which was run in said paper in issues of the following dates: Jan.
15,22 and 29,1981.
/s/ Julie Graham
Sworn to and subscribed before me,
this 17th day of February, 1981.
/s/ Jana L. Johnstone.
Notary Public, Chatham County, Ga.
My Commission Expires May 20, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3843
ACT PROVIDING BENEFITS FOR CERTAIN
OFFICERS OR EMPLOYEES OF CERTAIN CITIES
AMENDED (MORE THAN 150,000).
No. 920 (Senate Bill No. 549).
AN ACT
To amend an Act providing that cities having a population of more
than 150,000 according to the United States decennial census of 1920
or any future such census shall furnish pensions to officers and
employees of such cities, approved August 20, 1927 (Ga. L. 1927, p.
265), as amended, particularly by an Act approved March 24, 1976
(Ga. L. 1976, p. 3257), so as to provide that certain benefits for officers
elected or appointed for definite terms shall not apply to officers who
take office after a certain date; to provide 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 cities having a population of
more than 150,000 according to the United States decennial census of
1920 or any future such census shall furnish pensions to officers and
employees of such cities, approved August 20, 1927 (Ga. L. 1927, p.
265), as amended, particularly by an Act approved March 24, 1976
(Ga. L. 1976, p. 3257), is amended by adding at the end of quoted
Section 7 of Section 3 of the amendatory Act approved March 24,
1976 (Ga. L. 1976, p. 3257), a new paragraph to read as follows:
Notwithstanding any other provisions of this Section 7 or any
other provision of this Act, the provisions of this Section 7 shall not
apply to any officer elected or appointed for a definite term who takes
office on or after July 1,1982, except any such officer who held office
prior to that date and takes office on or after that date either to
succeed himself or herself in office or accept another elective or
appointive office which has a definite term.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
PUTNAM COUNTY CORONERS SALARY.
No. 921 (Senate Bill No. 611).
AN ACT
To amend an Act placing the coroner of Putnam County upon a
monthly salary in lieu of the fee system, approved February 22,1965
(Ga. L. 1965, p. 2040), as amended, 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 Putnam County upon a
monthly salary in lieu of the fee system, approved February 22,1965
(Ga. L. 1965, p. 2040), as amended, is amended by striking from
Section 1 the following:
$50.00,
and inserting in lieu thereof the following:
$100.00,
so that when so amended Section 1 shall read as follows:
Section 1. The coroner of Putnam County is hereby placed upon
a salary of $100.00 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 Putnam County for his services as
such.
GEORGIA LAWS 1982 SESSION
3845
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act placing the coroner of Putnam County upon a monthly salary in
lieu of the fee system, approved February 22, 1965 (Ga. L. 1965, p.
2040); and for other purposes.
This 9th day of December, 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/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: December 17, 24 and 31,
1981.
/s/ Culver Kidd
Senator,
25th District
3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 19th day of January, 1982.
/s/ Dorothy W. Baldassaro
Notary Public, Georgia State at Large.
My Commission Expires March 15, 1982.
(Seal).
Approved April 12, 1982.
EARLY COUNTY COMPENSATION OF BOARD
OF COMMISSIONERS.
No. 922 (Senate Bill No. 628).
AN ACT
To amend an Act creating the Board of Commissioners of Early
County, approved March 24,1933 (Ga. L. 1933, p. 515), as amended,
so as to change the compensation of the county commissioners; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of Early
County, approved March 24,1933 (Ga. L. 1933, p. 515), as amended, is
amended by striking Section 8 of said Act in its entirety and inserting
in lieu thereof a new Section 8 to read as follows:
Section 8. The said county commissioners shall each be paid out
of the treasury or depository of the county the sum of $200.00 per
month, which shall be in full payment for his services rendered and
which shall be paid by order upon the county treasury or depository.
GEORGIA LAWS 1982 SESSION
3847
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia a bill to amend an Act
creating the Board of Commissioners of Early County, approved
March 24, 1933 (Ga. L. 1933, p. 515), as amended; and for other
purposes.
This the 23 day of December, 81.
Wilber A. Evans
Chairman, Early County
Board of Commissioners
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 Early County News which is the
official organ of Early County, on the following dates: December 31,
1981, January 7 and 14,1982.
/s/ Jimmy Hodge Timmons
Senator,
11th District
3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 3rd day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
SEMINOLE COUNTY COMPENSATION OF
CLERK OF SUPERIOR COURT.
No. 923 (Senate Bill No. 629).
AN ACT
To amend an Act placing the Clerk of the Superior Court of
Seminole County upon an annual salary, approved March 31, 1967
(Ga. L. 1967, p. 2335), as amended, particularly by an Act approved
March 2, 1978 (Ga. L. 1978, p. 3072), so as to change the authorized
compensation of the clerk of the superior court; to provide how the
compensation shall be determined; to provide for other matters
relative to the foregoing; to provide for interim 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 Clerk of the Superior Court of
Seminole County upon an annual salary, approved March 31, 1967
(Ga. L. 1967, p. 2335), as amended, particularly by an Act approved
March 2,1978 (Ga. L. 1978, p. 3072), is amended by striking Section 2
of said Act in its entirety and inserting in lieu thereof the following:
GEORGIA LAWS 1982 SESSION
3849
Section 2. (a) The Clerk of the Superior Court 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 commissioners. 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 clerk of the
superior court and such shall become effective 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 Clerk of the Superior Court 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 31,1982, and until such time as the salary of the
clerk of the superior court is set by the County Commissioners of
Seminole County in accordance with an Act placing the Clerk of the
Superior Court of Seminole County upon an annual salary, approved
March 31,1967 (Ga. L. 1967, p. 2335), as amended.
Section 3. This Act shall become effective on June 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly a bill to amend an Act placing
the Clerk of the Superior Court of Seminole County upon an annual
salary, approved March 31, 1967 (Ga. L. 1967, p. 2335), as amended,
particularly by an Act approved March 2,1978 (Ga. L. 1978, p. 3072);
and for other purposes.
This the 11th day of January 1982.
Louise Alday
Clerk
3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared Wore 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: January 14,
21 and 28,1982.
/s/ Jimmy Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 3rd day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3851
CLERKS OF SUPERIOR COURTS STORAGE
OF RECORDS IN CERTAIN COUNTIES
(550,000 OR MORE).
No. 924 (Senate Bill No. 446).
AN ACT
To provide for the storage of records by the clerks of the superior
courts in certain counties; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. This Act shall apply to any county in this state having
a population of 550,000 or more according to the United States
decennial census of 1970 or any future such census.
Section 2. Notwithstanding any provision of law to the contrary,
in the event space at the courthouse or other place where the office of
the clerk of the superior court is located is inadequate to insure the
safe storage of records, said clerk, after obtaining written permission
from the governing authority of the county and of the superior court
judge of the circuit in which the county is located or the senior judge
in those circuits having more than one judge, may cause said records
to be stored at some other place in the county not more than 25 miles
from the courthouse. The clerk shall give public notice of the place of
such storage by posting notice at the courthouse.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 12,1982.
3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF HALL COUNTY
COMPENSATION OF JUDGE AND SOLICITOR.
No. 925 (Senate Bill No. 458).
AN ACT
To amend an Act creating the State Court of Hall County,
approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as
amended, so as to change the compensation provisions relating to the
judge and the solicitor of said court; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Hall County,
approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as
amended, is hereby amended by striking Section 2A in its entirety
and inserting in lieu thereof a new Section 2A to read as follows:
Section 2A. (a) The judge of the State Court of Hall County shall
receive an annual salary equal to 75 percent of the gross salary as
defined in subsection (b) of this section.
(b) For the purposes of this Section 2A, the term gross salary
shall mean the annual salary received by a superior court judge from
state funds only, effective January 1, 1983, plus any increases in
said annual salary for superior court judges from state funds only, on
or after January 1,1983.
Section 2. Said Act is further amended by adding immediately
following Section 2A a new section, to be designated Section 2B, to
read as follows:
Section 2B. (a) The solicitor of the State Court of Hall County
shall receive an annual salary equal to 75 percent of the gross salary as
defined in subsection (b) of this section.
(b) For the purposes of this Section 2B, the term gross salary
shall mean the annual salary received by a district attorney from state
funds only, effective January 1,1983, plus any increases in said an-
nual salary for district attorneys from state funds only, on or after
January 1,1983.
GEORGIA LAWS 1982 SESSION
3853
Section 3. This Act shall become effective on January 1,1983.
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 affecting the
compensation of the Judge and Solicitor of the State Court of Hall
County; to provide for all matters relative thereto; to repeal conflict-
ing laws; and for other purposes.
This 24th day of February, 1981.
Nathan Deal
Senator,
49th District
Bobby Lawson
Representative,
9th District
Affidavit.
Georgia, Hall County.
Personally appeared before the undersigned, an officer authorized
by law came Jack Waldrip being duly sworn states under oath, that he
is the Publisher of The Tribune newspaper, which is the legal
designated local organ for Hall County, Georgia and that the Notice
of Intent to Introduce Local Legislation at the 1981 Session of the
General Assembly of Georgia in regard to the compensation of the
3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Judge and Solicitor of the State Court of Hall County was published
in the Tribune Newspaper on February 26, 1981, March 5, 1981 and
March 12, 1981 by Nathan Deal, Senator, 49th District and Bobby
Lawson, Representative, 9th District.
/s/ Jack Waldrip
Publisher,
The Tribune
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Ida Florence Stovall
Notary Public, Georgia State at Large.
My Term Expires 11-3-81.
(Seal).
Approved April 12, 1982.
TELFAIR COUNTY BOARD OF EDUCATION,
TERMS, VACANCIES, ETC.
No. 926 (Senate Bill No. 775).
AN ACT
To amend an Act providing for the election of members of Telfair
County Board of Education from education districts, as approved
April 11, 1979 (Ga. Laws 1979, p. 3539), so as to change the terms of
office of certain current members; to provide for filling vacancies of
said Board; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
3855
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the election of the members of
the Telfair County Board of Education from certain education dis-
tricts, as approved on April 11, 1979 (Ga. Laws 1979, p. 3539) is
hereby amended by striking Section e, Term (a) in its entirety and
inserting in lieu thereof a new Section 3 (a) to read as follows:
Section 3. Term (a) The members of the Board of Education who
are serving on said Board as of the effective date of this Act shall
continue to serve out their regular terms of office, except Dorsey
Marchant, T. L. Ashford, Luther Nunn and Preston Fussell whose
term of office is hereby extended as provided in Section 3 (d), (e) and
(f) hereinafter.
Section 2. Said Act is further amended by striking Section 3 (d)
in its entirety and inserting in lieu thereof a new Section 3 (d) to read
as follows:
(d) The first members of the board who shall occupy Education
District 1, Post 1, and Education District 7, Post 1, shall be elected at
the general election of 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, their successors shall be elected at
the general election immediately preceding the expiration of the
terms of office and shall take office the first day of January immedi-
ately following their election for terms of four years and until their
successors are elected and qualified. The first member elected to
Education District 1, Post 1, as herein defined, shall be the successor
in that position presently occupied by E. C. Graham, whose term of
office would otherwise expire on June 30,1981; and the term of office
of said E. C. Graham is hereby lengthened to expire on December 31,
1982. The first member elected to Education District 7, Post 1, as
herein defined, shall be the successor in that position presently
occupied by Luther Nunn, whose term of office would otherwise
expire on October 31,1981; and the term of office of said Luther Nunn
is hereby lengthened to expire December 31,1982.
Section 3. Said Act is further amended by striking from Section
3 (e) the following:
Education District 5, Post 1, and inserting in lieu therof the
following:
3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District 7, Post 1, so that when amended Section 3
(e) shall read as follows:
(e) For the period beginning January 1, 1983, and ending on
December 31, 1984, the Board of Education of Telfair County shall
consist of four members elected to Education District 4, Post 1;
Education District 2, Post 1; Education District 1, Post 1; Education
District 7, Post 1, as provided by subsections (b) and (d) of this Act;
and three members of the heretofore existing Board of Education of
Telfair County.
Section 4. Said Act is further amended by striking Section 3 (f)
in its entirety and inserting in lieu thereof a new Section 3 (f) to read
as follows:
(f) The first members of the board who shall occupy Education
District 3, Post 1; Education District 5, Post 1; and Education District
6, Post 1, shall be elected at the general election of 1984 and shall take
office on the first day of January, 1985. The first members elected to
occupy Education District 3, Post 1, and Education District 5, Post 1,
shall have terms of six years to expire December 31,1990 or until their
successors are elected to qualify. The term of office for the first
member elected to occupy Education District 6, Post 1, shall have a
term of four years to expire December 31,1988, or until his successor
is elected and qualified. Thereafter, their successors shall be elected
at the general election immediately preceding the expiration of the
terms of office and shall take office the first day of January immedi-
ately following their election for terms of four years and until their
successors are elected and qualified. The first member elected to
Education District 3, Post 1, as herein defined, shall be the successor
in that position presently occupied by Tommy Lee Ashford, whose
term of office would otherwise expire on July 1,1983; and the term of
office of said Tommy Lee Ashford is hereby lengthened to expire
December 31,1984. The first member elected to Education District 6,
Post 1, as herein defined, shall be the successor in that position
presently occupied by Preston Fussell, whose term of office would
otherwise expire on December 31,1982; and the term of office of said
Preston Fussell is hereby lengthened to expire on December 31,1984.
The first member elected to Education District 5, Post 1, as herein
defined, shall be the successor in that position presently occupied by
Dorsey Marchant, whose term of office would otherwise expire on
October 31, 1983; and the term of office of said Dorsey Marchant is
hereby lengthened to expire December 31,1984.
GEORGIA LAWS 1982 SESSION
3857
Section 5. 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. Vacancies. A vacancy shall exist in the board if a
member resigns, dies, moves his residence from the Education Dis-
trict, or for any other reason no longer holds his office; or if he is
adjudged incompetent or convicted of malfeasance in office; or con-
victed of a felony.
The remaining members of the Board shall appoint a qualified
person to fill any such vacancy to the office of board member for the
remainder of the unexpired term. Any such person receiving the
majority of votes of said board shall be declared elected. Any person
so elected by the board to fill a vacancy shall be a resident of the
Education District in which the vacancy occurred.
Section 6. 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 regular
1982 session of the General Assembly of Georgia, local legislation
amending an Act creating school districts and providing for a referen-
dum thereon in Telfair County (Georgia Laws 1979, beginning at page
3539) so as to provide for the election of a Telfair County Board of
Education member from Election District 7, commonly known as the
Lumber City School District.
This 23rd day of February, 1982.
Ronnie Walker
State Senator,
19th Senatorial District
3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ronnie Walker who, on oath, deposes
and says that he/she is Senator from the 19th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Lumber City Log which is the official organ of
Telfair County, on the following dates: Feb. 24,1982 & March 3 & 9,
1982.
/s/ Ronnie Walker
Senator,
19th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3859
LUMPKIN COUNTY COMPENSATION OF
COUNTY COMMISSIONER.
No. 927 (Senate Bill No. 776).
AN ACT
To amend an Act creating the Office of Commissioner of Lumpkin
County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended,
particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4511),
so as to change the provisions relating to the compensation of the
commissioner; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Office of Commissioner of
Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 4511), is amended by striking in its entirety Section 9 and substi-
tuting in lieu thereof a new Section 9 to read as follows:
Section 9. (a) As the chief executive and fiscal officer of said
County of Lumpkin, the commissioner shall devote his full time to the
business and interest of said county; and, for the performance of such
duties, the commissioner shall receive an annual salary of not less
than $21,500.00, payable in equal monthly installments from the
funds of Lumpkin County.
(b) The salary provided in subsection (a) of this Section shall be
increased by five percent for each four-year term of office served by
the commissioner, figured at the end of each such period of service.
Such increase shall not have retroactive effect, except that the
current term of the commissioner presently in office shall be counted
for determining the appropriate salary under this Section. Provided,
however, that the maximum salary received by the commissioner for
any calendar year shall not exceed $26,500.00.
(c) As used in this subsection county officer means the sheriff,
clerk of the superior court, judge of the probate court, or tax commis-
sioner of Lumpkin County. If at any time after January 1,1982, the
salary of any county officer is increased during a calendar year, either
by local law or pursuant to general law, then the salary provided by
3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
this Section for the Commissioner of Lumpkin County shall be
increased in the same dollar amount as the dollar amount of the
increase in the salary of the county officer, effective at the same time
as the effective date in the increase in the salary of the county officer.
In the event the salary of two or more county officers is increased
during a calendar year, the provisions of this subsection shall apply
only to the salary increase which is greatest in dollar amount.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor
or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the office of Commissioner Lumpkin County, approved
March 7, 1955 (Ga. L. 1955, p. 2892), as amended; and for other
purposes.
This 16th day of February, 1982.
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 Dahlonega Nugget which is the official organ of
Lumpkin County, on the following dates: February 19, 26 and March
5,1982.
GEORGIA LAWS 1982 SESSION
3861
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
CITY OF DONALSONVILLE RECORDERS
COURT.
No. 928 (Senate Bill No. 469).
AN ACT
To amend an Act reincorporating the City of Donalsonville,
approved April 10,1971 (Ga. L. 1971, p. 3844), so as to change the Fine
which can be imposed in the recorders court; 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 Donalsonville,
approved April 10,1971 (Ga. L. 1971, p. 3844), is amended by striking
Section 6.03, relating to jurisdiction, in its entirety and inserting in
lieu thereof the following:
Section 6.03. Jurisdiction. The recorder shall have the power to
impose fines, costs, and forfeitures for the violation of any law or
3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ordinance of the City of Donalsonville passed in accordance with this
charter for each offense, in an amount not to exceed $1,000.00, to
imprison offenders for a period of not more than 60 days, or at labor
on the roads and streets or other public works of said city for not more
than 60 days; and the said recorder shall have the power and author-
ity to impose any one or more of these punishments when he shall find
that the facts of the case so justify. Said recorder shall not have the
authority to inflict a greater punishment for contempt than to impose
a fine of $100.00 or imprisonment not exceeding 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 Donalsonville,
which warrants may be executed by any 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.
The recorders court shall also have concurrent jurisdiction with that
of the justice of peace over offenses against the criminal cases 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 Donalsonville. 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. Said recorder is hereby authorized to
administer oaths.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly, a bill to amend an Act reincorporat-
ing the City of Donalsonville, approved April 10,1971 (Ga. L. 1971, p.
3844); and for other purposes.
This the 21st day of December, 1981.
Dorothy E. Johnson,
City Clerk
GEORGIA LAWS 1982 SESSION
3863
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. 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: Dec. 24,31,
1981 & Jan. 7,1982.
/s/ J. Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 11th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HANCOCK COUNTY COMPENSATION OF TAX
COMMISSIONER, ETC.
No. 929 (Senate Bill No. 546).
AN ACT
To amend an Act creating the office of tax commissioner of
Hancock County, approved February 9,1956 (Ga. L. 1956, p. 2037), as
amended, particularly by an Act approved April 17,1975 (Ga. L. 1975,
p. 2967), so as to change the compensation of the tax commissioner; to
change the provisions relating to clerical help in the office of the tax
commissioner; to provide for the compensation of such 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 creating the office of tax commissioner of
Hancock County, approved February 9,1956 (Ga. L. 1956, p. 2037), as
amended, particularly by an Act approved April 17,1975 (Ga. L. 1975,
p. 2967), is amended by striking Section 4 in its entirety and inserting
in lieu thereof a new Section 4 to read as follows:
Section 4. (a) The tax commissioner of Hancock County shall
receive an annual salary of $16,500.00, payable in equal monthly
installments from the funds of Hancock County. In addition to such
salary, the tax commissioner shall also receive a longevity increase in
salary at the end of each 12 month period of service completed by the
person serving as tax commissioner after the salary stated in the first
sentence of this section becomes effective. The longevity increase in
salary shall be equal to 5 percent of the base salary of said tax
commissioner. For the purposes of this section, the term base salary
shall mean the salary stated in the first sentence of this section plus
any longevity increases received by the person serving as tax commis-
sioner pursuant to the provisions of this section. All fees, commis-
sions, costs, or any other perquisites collected by the tax commis-
sioner shall be the property of Hancock 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.
(b) The tax commissioner shall have the authority to employ a
deputy tax commissioner who shall receive a monthly salary of not
GEORGIA LAWS 1982 SESSION
3865
less than $800.00, the exact amount to be determined by the govern-
ing authority of Hancock County. Said salary shall be paid out of the
funds of Hancock County.
(c) It shall be within the sole power and authority of the tax
commissioner, during his term of office, to designate and name the
persons who shall serve as personnel in his office, to describe their
duties and assignments, and to remove or replace such personnel at
will and within his sole discretion.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act creating the office of tax commissioner of Hancock County,
approved February 9,1956, (Ga. L. 1956, p. 2037), as amended, so as
to change the compensation of the tax commissioner; and for other
purposes.
This 9 day of Dec., 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/she is Senator from the 25th District, and that the
3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: December 31,1981, January
7 and 14,1982.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 19th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
HANCOCK COUNTY COMPENSATION OF JUDGE
OF PROBATE COURT, CLERK OF SUPERIOR
COURT, ETC.
No. 930 (Senate Bill No. 547).
AN ACT
To amend an Act placing the sheriff, the judge of the Probate
Court, and the clerk of the Superior Court of Hancock County on an
annual salary in lieu of the fee system of compensation, approved
February 18,1964 (Ga. L. 1964, p. 2088), as amended, so as to change
the compensation provisions relating to the judge of the probate court
and the clerk of the superior court; to change the provisions relating
to clerical help in the clerks office; to provide for the compensation of
GEORGIA LAWS 1982 SESSION
3867
such 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 placing the sheriff, the judge of the Probate
Court, and the clerk of the Superior Court of Hancock County on an
annual salary in lieu of the fee system of compensation, approved
February 18,1964 (Ga. L. 1964, p. 2088), as amended, is 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 Hancock
County shall receive an annual salary of $16,500.00, payable in equal
monthly installments from the funds of Hancock County. In addition
to such salary, the judge of the probate court shall also receive a
longevity increase in salary at the end of each 12 month period of
service completed by the person serving as judge of the probate court
after the salary stated in the first sentence of this section becomes
effective. The longevity increase in salary shall be equal to 5 percent
of the base salary of said judge. For the purposes of this section, the
term base salary shall mean the salary stated in the first sentence of
this section plus any longevity increases received by the person
serving as judge of the probate court pursuant to the provisions of this
section.
(b) (1) In addition to the salary provided in subsection (a) of
this section, if the judge of the Probate Court of Hancock County
also holds and conducts elections or is responsible for conducting
elections for members of the General Assembly under the provi-
sions of any applicable general or local law of this state, said judge
shall receive an additional compensation in the amount of $100.00
per month.
(2) In addition to the salary provided in subsection (a) of
this section and paragraph (1) of this subsection, if the judge of the
Probate Court of Hancock County is responsible for traffic cases
under the provisions of any general or local law of this state, said
judge shall receive an additional compensation in the amount of
$150.00 per month.
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:
3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. (a) The clerk of the Superior Court of Hancock
County shall receive an annual salary of $16,500.00, payable in equal
monthly installments from the funds of Hancock County. In addition
to such salary, the clerk shall also receive a longevity increase in salary
at the end of each 12 month period of service completed by the person
serving as clerk after the salary stated in the first sentence of this
section becomes effective. The longevity increase in salary shall be
equal to 5 percent of the base salary of said clerk. For the purposes of
this section, the term base salary shall mean the salary stated in the
first sentence of this section plus any longevity increases received by
the person serving as clerk of the superior court pursuant to the
provisions of this section.
(b) The clerk of the superior court is hereby authorized to
employ a deputy clerk who shall receive a salary of not less than
$800.00 per month, the exact amount to be determined by the
governing authority of the county, said compensation to be paid on
the last business day of the calendar month out of the funds of the
county.
(c) 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 persons who shall serve as personnel in his office, to describe their
duties and assignments, and to remove or replace such personnel 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act placing the sheriff, judge of the Probate Court, and clerk of the
Superior Court of Hancock County on an annual salary in lieu of the
fee system of compensation, approved February 18,1964 (Ga. L. 1964,
p. 2088), as amended; and for other purposes.
GEORGIA LAWS 1982 SESSION
3869
This 9th day of December, 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/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: December 31,1981, January
7 and 14,1982.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 19th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GLYNN COUNTY COMPENSATION OF TAX
COMMISSIONER, ETC.
No. 931 (Senate Bill No. 652).
AN ACT
To amend an Act placing the Tax Commissioner of Glynn County
on an annual salary, approved March 27,1972 (Ga. L. 1972, p. 3203),
as amended, so as to change the provisions relating to the compensa-
tion of the tax commissioner; to change the provisions relating to the
personnel of the office of tax commissioner; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Tax Commissioner of Glynn
County on an annual salary, approved March 27,1972 (Ga. L. 1972, p.
3203), as amended, is amended by striking Section 2 in its entirety
and substituting in lieu thereof a new Section 2 to read as follows:
Section 2. Beginning July 1, 1982, the tax commissioner shall
receive an annual base salary of $27,563.00 payable in equal monthly
installments from the funds of Glynn County; provided, however,
under no circumstances shall the annual base salary of said tax
commissioner be less than the annual base salary of the sheriff of
Glynn County. The tax commissioners salary shall be increased by 5
percent per each four-year term of office served by said tax commis-
sioner, figured at the end of each such period of service. Such increase
shall not have a retroactive effect, except that the current term of the
tax commissioner presently in office shall be counted for determining
the appropriate salary under this section.
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. The tax commissioner shall have the authority to
appoint such deputies, clerks, assistants, and other personnel as he
shall deem necessary to discharge the official duties of his office
efficiently and effectively. He shall, from time to time, recommend to
the governing authority of said county the number of such personnel
needed by his office, together with the suggested compensation to be
GEORGIA LAWS 1982 SESSION
3871
paid each employee. However, it shall be within the sole discretion of
the governing authority of said county to fix the compensation to be
received by each employee in said office. It shall be within the sole
power and authority of the tax commissioner, during his term of
office, to 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. This Act shall become effective July 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
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.L.1972,p.3203), as amended; and for
other purposes.
This 11th day of January, 1982.
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 Brunswick News which is the official organ of
3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Glynn County, on the following dates: Jan. 19 & 26, 1982 & Feb. 2,
1982.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 10th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TOWN OF POOLER CHARTER AMENDED.
No. 932 (Senate Bill No. 664).
AN ACT
To amend an Act creating a new charter for the Town of Pooler,
approved March 31,1976 (Ga. L. 1976, p. 3419), as amended, particu-
larly by an Act approved March 18,1980 (Ga. L. 1980, p. 3131), so as
to extend the corporate limits of the Town of Pooler; to maintain the
present zoning of property added to the corporate limits; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Pooler,
approved March 31,1976 (Ga. L. 1976, p. 3419), as amended, particu-
larly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), is
amended by adding at the end of Section 1.11a new subsection (d) to
read as follows:
GEORGIA LAWS 1982 SESSION
3873
(d) In addition to the corporate limits of the Town of Pooler as
provided by the foregoing provisions of this section, said corporate
limits of said town shall also include the following described tracts of
land:
ALL that certain lot, tract or parcel of land commencing at the
northwesterly corner of Sangrena Woods Subdivision being on the
southerly side of a drainage ditch; extend thence N 66 19 E along the
northerly property line of said Sangrena Woods for a distance of 1450
feet, more or less, to the point of beginning, where said ditch turns
and runs northeast and north; extend thence along the easterly side of
said ditch for a distance of 530.0 feet, more or less, to the southerly
property line of Union Camps Harry H. Anderson Tract; extend
thence along said Union Camp property line North 89 35 00 East a
distance of 330.0 feet, more or less, to a concrete monument located at
the southeast corner of said Anderson Tract and the southwesterly
property line of Union Camps S.A. Allen, Inc. Tract; running thence
South 24 19 00 East along said property line to the Northeasterly
corner of Sangrena Woods Subdivision; extend thence S 6931 W
along said property line and corporate limit line for a distance of 446
feet to a point; extend thence N 1955 W along said property line and
corporate limit line for a distance of 329.2 feet to a point; extend
thence S 7022 W along said property line and corporate limit line for
a distance of 1313.1 feet to a point; extend thence N 0352 E along
said property line and corporate limit line for a distance of 510.5 feet
to a point; extend thence S 8052 W along said property line and
corporate limit line for a distance of 156 feet, more or less, to the point
of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at
a point intersecting the northerly right-of-way line of the S. C. L.
Railroad with the easterly right-of-way line of Skinner Street; extend
thence westwardly along said S. C. L. Railroad northerly right-of-
way line for a distance of 1089 feet to the point of beginning; continue
thence along said S. C. L. Railroad northerly right-of-way line for a
distance of 8,425.00 feet, more or less, to a point at the intersection
with the easterly property line of lands of G. Philip Morgan, Jr., et al.;
extend thence North 19 04 00 East a distance of 230.0 feet to a
point; extend thence North 18 02 00 East a distance of 1,124.0 feet
to a point on the northerly right-of-way line of a canal; extend thence
along said canal right-of-way line North 65 55 00 West a distance
of 472.0 feet to a point; continuing thence along said canal right-of-
way line North 43 31 00 West a distance of 298.0 feet to a point at
3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the intersection with the easterly right-of-way line of Wildcat Dam
Road, said Road being at the existing corporate limit line of
Bloomingdale, Georgia; extend thence along said easterly right-of-
way line of Wildcat Dam Road North 28 33 00 East a distance of
1,428.0 feet to a point; extend thence South 73 42 00 East a distance
of 480.0 feet to a point; extend thence North 18 27 00 East for a
distance of 850.0 feet, more or less, to the southerly right-of-way line
of U. S. Highway 80; extend thence northwardly crossing said high-
way at right angle for a distance of 130 feet to the northerly right-of-
way line of U. S. Highway 80; extend thence eastwardly along said
northerly right-of-way line of U. S. Highway 80 also being the
existing corporate limit line for a distance of 450 feet, more or less, to
a point of intersection with the property line of Demas just east of
Sangrena Drive; extend thence North 1920 W along said property
line also being the existing corporate limit line for a distance of 152.22
feet to a point; extend thence N 66 19 E along said property line also
being the existing corporate limit line for a distance of 1,330.9 feet to a
point; extend thence S 19 12 W along said property line also being
the existing corporate limit line for a distance of 1,020 feet, more or
less, to the northerly right-of-way line of U. S. Highway 80; extend
thence easterly along said northerly right-of-way line of U. S. High-
way 80 also being the existing corporate limit line for a distance of 875
feet, more or less, to a point lying approximately 850 feet, more or less,
west of Houston Street; extend thence S 223130 W along said
corporate limit line crossing U. S. Highway 80 for a distance of 919
feet, more or less, to the southerly right-of-way line of Central of
Georgia Railroads former main line; extend N 702010 W along
said southerly right-of-way line also being the existing corporate limit
line Morris tract property line for a distance of 608.46 feet to a point;
extend thence S 2150 E along said property line and existing
corporate limit line for a distance of 96.10 feet to a point; extend
thence S 754910 W along said property line and existing corporate
limit line for a distance of 1,686.33 feet to a point; extend thence S
212910 W along said property line and existing corporate limit line
for a distance of 1,409.68 feet to a point; extend thence S 642305 E
along said property line and existing corporate limit line for a
distance of 3,489.47 feet to a point; extend thence N 221220 E
along said property line and existing corporate limit line for a
distance of 630.22 feet to a point along the northerly right-of-way line
of Harden Canal; continue thence along said northerly right-of-way
line of Harden Canal and existing corporate limit line for a distance of
628.03 feet to the westerly right-of-way line of the oxidation pond
road; extend thence along said westerly right-of-way line of the
GEORGIA LAWS 1982 SESSION
3875
oxidation pond road and existing corporate limit line for a distance of
160.87 feet to a point along the northerly right-of-way line of said
oxidation pond road; extend thence eastwardly along said northerly
right-of-way line of said oxidation pond road and existing corporate
limit line for a distance of 543 feet to the common property line
between Morris Tract and Dozier Cook; extend thence N 214420 E
along said common property line and existing corporate limit line for
a distance of 1,852.83 feet to the southerly right-of-way line of Central
of Georgia Railroads former main track; extend thence S 194120 E
along Dozier Cooks northeasterly property line and existing corpo-
rate limit line for a distance of 1,305.86 feet, more or less, to a point at
the northwest corner of B. J. Thompsons property; extend thence S
1905 W along the common property line of Dozier Cook and B. J.
Thompson, and being the existing corporate limit line for a distance
of 839.03 feet to the northerly right-of-way line of said oxidation pond
road; extend thence along the northerly right-of-way of said oxidation
pond road and existing corporate limit line for a distance of 679.50
feet to a property line; extend thence N 194120 W along said
property line, and existing corporate limit line for a distance of 100.47
feet to the easterly right-of-way line of James Road; extend thence
northwardly along said easterly right-of-way line of James Road and
existing corporate limit line for a distance of 270.51 feet to a point
along a property line; extend thence S 5250 E along said property
line and existing corporate limit line for a distance of 336.15 feet to
the easterly right-of-way line of Sheftall Street; extend thence S
49 30 E along said property line and existing corporate limit line for
a distance of 575 feet, more or less, to the westerly right-of-way line of
Chestnut Street; extend thence southwardly along said westerly
right-of-way line of Chestnut Street and the existing corporate limit
line for a distance of 473.95 feet to the northerly property line of
Walter Gay; extend thence S 782840 E along said northerly
property line of Walter Gay, and existing corporate limit line for a
distance of 735.72 feet to the westerly right-of-way line of Rogers
Street; extend thence northwardly along said westerly right-of-way
line of Rogers Street and existing corporate limit line for a distance of
300 feet, more or less, to a point; extend thence N84 E crossing said
Rogers Street and along the Pooler Recreation Park property line and
existing corporate limit line for a distance of 150 feet to a point;
extend thence southeastwardly along said Pooler Recreation Park
property line and existing corporate limit line to point along the
northerly right-of-way line of S.C.L. Railroad and the point of
beginning.
3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ALSO ALL that certain lot, tract or parcel of land commencing at
the southwest right-of-way intersection of Rogers Street and Mell
Street; extend thence southwardly along the westerly right-of-way
line of Rogers Street for a distance of 880 feet, more or less to the
point of beginning which is also the northerly property line of J. E.
Tuten as projected; extend eastwardly along said property line also
being the existing corporate limit line for a distance of 312 feet, more
or less, to a point; extend thence southwardly along said property line
and existing corporate limit line for a distance of 220 feet, more or
less, to a point; extend thence westwardly along said property line and
existing corporate limit line for a distance of 272 feet, more or less, to
the easterly right-of-way line of Rogers Street; extend thence south-
wardly along said easterly right-of-way line of Rogers Street also
being the corporate limit line for a distance of 271 feet, more or less, to
a point; extend thence westwardly for a distance of 40 feet to the
westerly right-of-way line of Rogers Street and the existing corporate
limit line; extend northwardly along said westerly right-of-way line of
Rogers Street and the existing corporate limit line for a distance of
491 feet, more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at
the intersection of the S.C.L. Railroads southerly right-of-way line
and the easterly right-of-way line of Pooler Cross Roads; extend
thence southwardly along said easterly right-of-way line of Pooler
Cross Roads for a distance of 1,305.08 feet to a point at the southwest
corner of Garden Acres Estates, said point being the point of begin-
ning; extend thence southwardly along said easterly right-of-way line
of Pooler Cross Roads for a distance of 3,750 feet, more or less, to the
northerly right-of-way line of Pine Barren Road; extend thence
eastwardly along said northerly right-of-way line of Pine Barren Road
for a distance of 10,400 feet, more or less, to the northerly right-of-
way line of S.C.L. Railroad, also being the existing corporate limit
line; extend thence along said northerly right-of-way line of S.C.L.
Railroad and existing corporate limit line for a distance of 4,800 feet,
more or less; extend thence southwardly crossing the S.C.L. Railroad
right-of-way for a distance of 100 feet, more or less, to a point at the
northeast corner of the J. E. Tuten tract; extend thence S 19 13 W
along the easterly property line of said J. E. Tuten tract for a distance
of 1,464.63 feet to a point at the southeast corner of J. E. Tuten tract;
extend thence N 8136 W along the southerly property line of said J.
E. Tuten tract for a distance of 1,128.39 feet to a point; extend thence
N 81 18 W along the southerly property line of said J. E. Tuten tract
for a distance of 1,166.44 feet to a point; extend thence N 15 14 W
GEORGIA LAWS 1982 SESSION
3877
along property line of said J. E. Tuten tract for a distance of 662.14
feet to a point at the southerly property line of Garden Acres Estate;
extend thence N 7339 W along said southerly property line of said
Garden Acres Estate for a distance of 431.53 feet to a point; extend
thence N 20 17 E along a westerly property line of said Garden Acres
Estates for a distance of 255.17 feet to a point; extend thence N 76 14
W along a southerly property line of said Garden Acres Estates for a
distance of 326.02 feet to a point at the easterly right-of-way line of
Pooler Cross Roads which is the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at
the intersection of the western boundary of lands of Lee Durden and
U.S. Highway 80; extend westwardly along said northerly right-of-
way line of U.S. Highway 80 for a distance of 1,185 feet, more or less,
to a point on the westerly property line of now or formerly Joshua
Dowd, which is also the existing corporate limit line; extend thence N
19 12 E along said westerly property line and existing corporate limit
line for a distance of 1,162 feet to a point; extend thence S 2232 E
along the easterly property line of now or formerly Joshua Dowd and
also the existing corporate limit line for a distance of 1,570.80 feet to
the northerly right-of-way line of U.S. Highway 80; extend thence
along said northerly right-of-way line of U.S. Highway 80 and existing
corporate limit line for a distance of 5.28 feet to a point; extend thence
N 5006 E along the existing corporate limit line for a distance of
44.88 feet to a point along the property line of the Georgia Forestry
Service; extend thence N 2033 W along the southwesterly property
line of said Georgia Forestry Service and existing corporate limit line
for a distance of 819.72 feet to a point; extend thence N 75 16 E along
the northwesterly property line of said Georgia Forestry Service and
existing corporate limit line for a distance of 252.12 feet to a point;
extend thence S 52 10 E along the northerly property line of said
Georgia Forestry Service and existing corporate limit line for a
distance of 681.78 feet to a point; extend thence N 5008 E along a
property line and existing corporate limit line for a distance of 60.02
feet to a point on the westerly property line of Lawton Drew; extend
thence southwardly along the said westerly property line of Lawton
Drew and existing corporate limit line for a distance of 71.90 feet to
the southwesterly corner of said Lawton Drew property line also
being the northwesterly corner of Leo L. Durden property; extend
thence southwardly along the westerly property line of said Leo L.
Durden property and existing corporate limit line for a distance of
415 feet to the northerly right-of-way line of U.S. Highway 80 and the
point of beginning.
3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ALSO ALL that certain lot, tract or parcel of land commencing at
the intersection of the northerly right-of-way line of Pine Barren
Road and the southerly right-of-way line of U.S. Highway 80;
ALSO ALL that certain lot, tract or parcel of land commencing at
the intersection of the northerly right-of-way line of U.S. Highway 80;
extend thence northwestwardly along said southerly right-of-way line
of U.S. Highway 80 also being the existing corporate limit line for a
distance of 4550 feet, more or less, to a point; extend thence generally
northwest, crossing U.S. Highway 80, and along the said existing
corporate limit line for a distance of 580 feet, more or less, to the
northerly right-of-way line of Old U.S. Highway 80; extend thence
northwestwardly along said northerly right-of-way line of said Old
U.S. Highway 80 an existing corporate limit line for a distance of 500
feet, more or less, to the southerly right-of-way line of Central of
Georgia RR; extend thence eastwardly along said southerly right-of-
way line of Central of Georgia RR for a distance of 1695 feet, more or
less to the westerly property line of S. Wall extend thence south-
wardly along said westerly property line of S. Wall for a distance of
810.82 feet more or less to the northerly right-of-way line of U.S.
Highway 80; extend thence southeastwardly along said northerly
right-of-way line of U.S. Highway 80 for a distance of 3500 feet, more
or less to the easterly property line of F.D. Benton; extend thence
northeastwardly along said easterly property line of F. D. Benton for
a distance of 400 feet, more or less, to the southwesterly property line
of F. D. Benton; extend thence southeastwardly along said south-
westerly property line of F. D. Benton for a distance of 1250 feet,
more or less, to a drainage ditch which is an approximate property
line; extend thence southwardly along said drainage ditch for a
distance of 650 feet, more or less, to the northerly right-of-way line of
U.S. Highway 80; extend thence northwestwardly along said north-
easterly right-of-way line of U.S. Highway 80 for a distance of 700
feet, more or less, to a point, said point being on the northerly right-
of-way line of Pine Barren Road if extended northeastwardly; extend
thence southwestwardly along said northerly right-of-way line of Pine
Barren Road, crossing U.S. Highway 80 for a distance of 105 feet,
more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at
the intersection at the southerly right-of-way of Greenway Street
with the westerly right-of-way line of Parsons Avenue, said inter-
section being on the corporate limit line; extend thence northwardly
along said westerly right-of-way line of Parsons Avenue and the
GEORGIA LAWS 1982 SESSION
3879
existing corporate limit line for a distance of 150 feet, more or less, to
the westerly right-of-way line of said Interstate Highway 95; extend
thence northwardly along said westerly right-of-way line of Interstate
Highway 95 and the existing corporate limit line for a distance of 300
feet, more or less, to the northerly right-of-way line of Salter Street, if
extended eastwardly; extend thence westwardly along said northerly
right-of-way line of Salter Street and the existing corporate limit line
for a distance of 775 feet, more or less, to a ditch which extends
northwardly and is an approximate property line and is also the
existing corporate limit line; extend thence northwardly along said
ditch and the existing corporate limit line for a distance of 1,000 feet,
more or less, to the northerly right-of-way line of Pine Street; extend
thence westwardly along said northerly right-of-way line of Pine
Street and the existing corporate line for a distance of 350 feet, more
or less, to the easterly right-of-way line of Second Street; extend
thence northwardly along said easterly right-of-way line of Second
Street, if extended northwardly, and the existing corporate line for a
distance of 350 feet, more or less, to the easterly right-of-way line of
Second Street; extend thence northwardly along said easterly right-
of-way line of Second Street, if extended northwardly, and the
existing corporate limit line for a distance of 2,400 feet, more or less,
to the easterly right-of-way line of Interstate Highway 95 extend
thence southwardly along said easterly right-of-way line of Interstate
Highway 95 for a distance of 4,200 feet, more or less, to the southerly
right-of-way line of Greenway Street; extend thence westwardly along
said southerly right-of-way line of Greenway Street for a distance of
300 feet, more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land beginning at the
point of intersection of the southerly right-of-way of Pipemakers
Canal with the westerly right-of-way line of Benton Drive; extend
thence along said westerly right-of-way line of Benton Drive for a
distance of 400.00, more or less, to the existing corporate limits at
Cemetery Road; extend thence westerly along the said corporate
limits at Cemetery Road to the southeasterly property line of Union
Camps S.A. Allen, Inc. Tract, and the corporate limits line; and
extend thence along said property line in a northeasterly direction to
the Point of Beginning.
The zoning in effect in Chatham County for the property added to
the corporate limits of the Town of Pooler by the foregoing provisions
of this subsection shall remain in full force and effect.
3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act creating a new charter for the Town of Pooler, approved March
31, 1976, Ga. Laws 1976, p. 3419, as amended by Ga. Laws 1980, p.
3131, approved March 15, 1980, to change and extend the corporate
limits of the Town of Pooler. A copy of the amendment is on file and
available for inspection in the office of the Town Clerk.
T. T. Nichol
Mayor of Poole
Publishers Affidavit.
Savannah Evening Press
State of Georgia.
Chatham County.
Personally appeared before me Veronica T. Brown to me known,
who being by me sworn, deposes and says: that she is the Front
Counter Clerk of Southeastern Newspapers Corporation, a Georgia
corporation, doing business in Chatham County, Georgia, under the
trade name of Savannah News-Press; that said corporation is the
publisher of the Savannah Evening Press, a daily newspaper pub-
lished in said county; that she is authorized to make affidavits of
publication on behalf of said publisher corporation; that said newspa-
per is of general circulation in said county and in the area adjacent
thereto. That she has reviewed the regular editions of the Savannah
Evening Press published on January 14, 1982, January 21, 1982, and
January 28, 1982, and finds that the following advertisement
appeared in each of said editions.
GEORGIA LAWS 1982 SESSION
3881
/s/ Veronica T. Brown
(Deponent)
Sworn to and subscribed before me,
this 29 day of January, 1982.
/s/ Elizabeth A. Borg
Notary Public, Chatham County, Georgia.
My Commission Expires April 7, 1985.
(Seal).
Approved April 12, 1982.
GLYNN COUNTY COMPENSATION OF
SHERIFF, ETC.
No. 933 (Senate Bill No. 692).
AN ACT
To amend an Act placing the Sheriff of Glynn County on an
annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as
amended, particularly by an Act approved April 1,1980 (Ga. L. 1980,
p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351),
so as to change the provisions relating to the compensation of the
sheriff and deputies and other personnel of the sheriff; to change the
provisions relating to automobiles and other expenses for 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 of Glynn County on an
annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as
amended, particularly by an Act approved April 1,1980 (Ga. L. 1980,
3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 4457) and by an Act approved April 6,1981 (Ga. L. 1981, p. 3351), is
amended by striking Section 2 in its entirety and substituting in lieu
thereof a new Section 2 to read as follows:
Section 2. (a) The 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. 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, except that the sheriff may
annually without the approval of the county governing authority
grant to such personnel a cost-of-living increase not to exceed the
amount of the most recent annual cost-of-living increase granted to
the employees of the county governing authority. 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.
(b) In addition to the personnel authorized above, the sheriff
shall be authorized to provide for such additional facilities and
personnel needed for the purpose of implementing any statutory or
court-ordered requirement relating to prisoners in Glynn County,
including but not limited to such requirements concerning recreation
or fresh air for such prisoners and concerning the feeding of such
prisoners; provided that such additional facilities and personnel shall
be paid for out of county funds.
Section 2. Said Act is further amended by striking subsections
(1) and (2) of Section 2A in their entirety and substituting in lieu
thereof new subsections (1) and (2) to read as follows:
(1) Beginning July 1, 1982, the sheriff shall receive an annual
base salary of $27,563.00, payable in equal monthly installments from
the funds of Glynn County.
(2) The salary of the sheriff shall be increased by 5 percent per
each four-year term of office served by said sheriff, figured at the end
of each such period of service. Such increase shall not have a
GEORGIA LAWS 1982 SESSION
3883
retroactive effect, except that the current term of the sheriff presently
in office shall be counted for determining the appropriate salary
under this Section.
Section 3. Said Act is further amended by striking Section 2C in
its entirety and substituting in lieu thereof a new Section 2C to read
as follows:
Section 2C. (1) Until automobiles are furnished for the sheriff
and his deputies pursuant to paragraph (2) of this section, the sheriff
and each of his deputies, except the chief deputy, shall receive
monthly from county funds a car allowance of $275.00 per month and
a mileage allowance of 22<t per mile on all official trips outside of
Glynn County or the State of Georgia.
(2) The governing authority of Glynn County shall provide for
the sheriff and his deputies at least 6 police equipped automobiles by
December 31,1982, and at least 6 additional police equipped automo-
biles by December 31, 1983. All expenses connected with such
automobiles shall be paid from county funds. Neither the car
allowance nor mileage allowance provided for by paragraph (1) of this
section shall apply to the sheriff or any deputy who is furnished an
automobile as provided herein.
(3) The sheriff and deputies shall be furnished necessary guards
for safety when transporting prisoner and mental patients, and the
guards shall be paid at the rate of bailiffs per diem. All necessary
expenses including room and meals shall be paid by the governing
authority out of funds of Glynn County.
(4) The governing authority of Glynn County may furnish uni-
forms for the sheriff and his personnel, the cost of which shall be paid
from county funds.
Section 4. This Act shall become effective July 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
placing the Sheriff of Glynn County on an annual salary, approved
March 17, 1960 (Ga. L. 1960, p. 2806), as amended; and for other
purposes.
This 6th day of January, 1982.
Bill Littlefield
Senator,
6 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: Jan. 7,14 & 21,1982.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 17th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3885
DOOLY COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 934 (Senate Bill No. 700).
AN ACT
To amend an Act creating a Small Claims Court in Dooly County,
approved March 21,1968 (Ga. L. 1968, p. 2429), as amended by an Act
approved March 23, 1977 (Ga. L. 1977, p. 3655), so as to change the
jurisdiction of said court; to provide for a fee to the small claims court
bailiffs for the execution of fi. fas.; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court in Dooly
County, approved March 21,1968 (Ga. L. 1968, p. 2429), as amended
by an Act approved March 23,1977 (Ga. L. 1977, p. 3655), is amended
by striking Section 1 in its entirety and inserting in lieu thereof a new
Section 1 to read as follows:
Section 1. There is created the Small Claims Court of Dooly
County. Said court shall have civil jurisdiction in cases at law 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, shall include 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 7 in
its entirety and inserting in lieu thereof a new Section 7 to read as
follows:
3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. The plaintiff, when he files his claim, shall deposit
with the Court, the sum of Twenty-two and 50/100 ($22.50) Dollars,
which shall cover all costs of the proceedings. 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.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating and establishing a Small Claims Court of Dooly County,
approved March 21, 1968 (Ga. L. 1968, p. 2429), as amended March
23,1977 (Ga. L. 1977, p. 3655); and for other purposes.
This, 25 January 1982.
C. J. Loggins, Judge
Dooly County
Small Claims Court
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rooney L. Bowen who, on oath,
deposes and says that he/she is Senator from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Vienna News-Observer which is the
official organ of Dooly County, on the following dates: January 27,
February 3 and February 10,1982.
/s/ Rooney L. Bowen
GEORGIA LAWS 1982 SESSION
3887
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
ACT CREATING PENSION SYSTEM FOR
EMPLOYEES, ETC. OF CERTAIN CITIES
AMENDED (MORE THAN 300,000).
No. 935 (House Bill No. 1341).
AN ACT
To amend the Act approved August 20,1927 (Ga. L. 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. L.
1972, p. 3803, Section 1, approved April 13, 1972), according to the
latest census of the United States or any subsequent census thereof,
shall furnish pensions to all officers and employees of such cities or
for other purposes set forth in the caption of said Act and the several
Acts amendatory thereof; to authorize deductions from pension bene-
fits for advanced sick leave when an officer or employee obligated to
pay back advanced sick leave retires or dies before said payments are
completed; to amend an Act approved February 15,1933 (Ga. L. 1933,
pp. 213, et seq.), as amended, providing for pensions for members of
police departments in cities having a population of 300,000 (Ga. L.
1973, p. 2832) or more according to the latest census of the United
States or any subsequent census thereof, and for other purposes more
3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fully set out in the caption of said Act, as amended; to authorize
deductions from pension benefits for advanced sick leave when an
officer or employee obligated to pay back advanced sick leave retires
or dies before said payments are completed; to amend an Act
approved August 13,1924 (Ga. L. 1924, pp. 167, et seq.), as amended,
providing a system of pension and other benefits for members of paid
fire departments in cities having a population of more than 300,000
(Ga. L. 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; to authorize deductions from
pension benefits for advanced sick leave when an officer or employee
obligated to pay back advanced sick leave retires or dies before said
payments are completed; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That an Act providing that cities having a population
of more than 300,000 (as provided in an amendment to said Act in Ga.
L. 1972, p. 3803, Section 1, approved April 13,1972), according to the
latest census of the United States or any subsequent census thereof,
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. L. 1927, pp. 265, et seq.), as amended, is hereby
amended by adding thereto the following:
(a) In the event that an officer or employee who has been
granted advanced sick leave should retire or die prior to having repaid
any and all amounts due such city for the advanced sick leave, an
appropriate amount, as determined by the board of trustees, may be
deducted 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.
Section 2. That an Act providing for pensions or members of
police departments in cities having a population of 300,000 (Ga. L.
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. L. 1933, pp. 213, et seq.), as amended, is hereby amended by
adding thereto the following:
GEORGIA LAWS 1982 SESSION
3889
(a) In the event that an officer or employee who has been
granted advanced sick leave should retire or die prior to having repaid
any and all amounts due such city for the advanced sick leave, an
appropriate amount, as determined by the board of trustees, may be
deducted 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.
Section 3. That an Act providing a system of pensions and other
benefits from members of paid fire departments in cities having a
population of more than 300,000 (Ga. L. 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. L. 1914, pp. 167, et seq.), as
amended, is hereby amended by adding thereto the following:
(a) In the event that an officer or employee who has been
granted advanced sick leave should retire or die prior to having repaid
any and all amounts due such city for the advanced sick leave, an
appropriate amount, as determined by the board of trustees, may be
deducted 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.
Section 4. The provisions of this Act shall apply only to officers
or employees who become members of the pension fund on or after
the effective date of this Act.
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
repealed.
Approved April 12,1982.
3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STEWART COUNTY COMPENSATION OF
COUNTY COMMISSIONER.
No. 937 (House Bill No. 1416).
AN ACT
To amend an Act creating the office of Commissioner of Stewart
County, approved August 20,1927 (Ga. L. 1927, p. 654), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4089),
so as to change the compensation of the Commissioner; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Commissioner of Stewart
County, approved August 20,1927 (Ga. L. 1927, p. 654), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4089),
is amended by striking Section 9 and inserting in its place a new
section to read as follows:
Section 9. (a) The salary of the Commissioner in office on the
effective date of this section shall be $16,275.00 per annum.
(b) Any Commissioner elected for the first time after the effec-
tive date of this section shall receive a base salary of $12,000.00 per
annum during his first four-year term of office. This salary shall be
increased by 5 percent of said base amount at the beginning of each
subsequent four-year term to which a Commissioner is reelected.
(c) All such salaries shall be paid in equal monthly installments
from Stewart 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
repealed.
GEORGIA LAWS 1982 SESSION
3891
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the office of Commissioner of Stewart County, approved
August 20, 1927 (Ga. L. 1927, p. 654), as amended; and for other
purposes.
This 11th day of January, 1982.
Don Castleberry
Representative,
111th District
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
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:
Jan. 21,28 & Feb. 4,1982.
/s/ Don Castleberry
Representative,
111th District
Sworn to and subscribed before me,
this 4th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WEBSTER COUNTY COMMISSIONERS
EXPENSES.
No. 938 (House Bill No. 1417).
AN ACT
To amend an Act creating the office of commissioner of Webster
County, approved August 27,1931 (Ga. L. 1931, p. 597), as amended,
particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3733),
so as to change the provisions relative to the expenses of the commis-
sioner of Webster 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 Webster
County, approved August 27,1931 (Ga. L. 1931, p. 597), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3733),
is amended by striking Section 9 in its entirety and substituting in
lieu thereof a new Section 9 to read as follows:
Section 9. The commissioner of Webster County shall be com-
pensated in the amount of $10,028.00 per annum to be paid in equal
monthly installments from the funds of Webster County. In addition
to the compensation provided above, the commissioner shall receive
$2,000.00 per annum for expenses incurred while on county business
to be paid in equal monthly installments from the funds of Webster
County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
3893
Notice of Intention to Introduce Local Legislation.
Pursuant to the recommendations of Webster County Grand Jury
(July session 1981), notice is hereby given that there will be intro-
duced at the regular 1982 session of the General Assembly of Georgia,
a bill to amend the Compensation of the County Commissioner of
Webster County; and for other purposes.
This the 14th day of December, 1981.
Don Castleberry
Representation District
Webster County
Commissioners
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
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 14,21 and 28,1982.
/s/ Don Castleberry
Representative,
111th District
3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 4th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
WEBSTER COUNTY COMPENSATION OF TAX
COMMISSIONER, ETC.
No. 939 (House Bill No. 1418).
AN ACT
To amend an Act creating the office of county tax commissioner of
Webster County, approved August 8, 1931 (Ga. L. 1931, p. 610), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 4091), so as to change the annual salary of said officer; to provide
that the annual salary of said officer shall be in lieu of all fees,
commissions, costs, fines, emoluments, perquisites, or other compen-
sation from whatever source derived including those commissions
allowed for the sale of motor vehicle license plates by local tax
officials as agents of the state revenue commissioner; to delete the
provisions relating to the employment of deputies, clerks, or assis-
tants; to provide 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 tax commissioner
of Webster County, approved August 8,1931 (Ga. L. 1931, p. 610), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 4091), is amended by striking Section 10 in its entirety and
substituting in lieu thereof a new Section 10 to read as follows:
GEORGIA LAWS 1982 SESSION
3895
Section 10. (a) The tax commissioner of Webster County shall
receive an annual salary of $10,800.00 to be paid in equal monthly
installments from the funds of Webster County.
(b) Except as hereinafter provided, all fees, commissions, costs,
fines, emoluments, and perquisites of whatever kind collected and
received by the tax commissioner shall be collected, received, and
held by him as public funds belonging to Webster County. Once each
month the tax commissioner shall turn over to the fiscal authority of
said county all funds collected by him with a detailed, itemized
statement showing the sources from which such funds were collected.
It is specifically provided that the annual salary provided by subsec-
tion (a) hereof for the tax commissioner shall be in lieu of all fees,
commissions, costs, fines, emoluments, and perquisites of whatever
kind authorized by any law for tax collectors and receivers or tax
commissioners, including those commissions on taxes collected in
excess of a certain percentage of taxes due according to the net tax
digest and including those commissions allowed for the sale of motor
vehicle license plates by local tax officials as agents of the state
revenue commissioner. It is specifically provided that the tax com-
missioner shall receive those commissions allowed for the sale of
motor vehicle license plates by local tax officials as agents of the state
revenue commissioner in addition to the annual salary provided by
subsection (a) of this section.
(c) The necessary operating expenses of the tax commissioners
office shall be paid from any funds of the county available for such
purpose. The tax commissioner may make recommendation to the
county governing authority relative to the operating expenses of his
office, but the determination of such requirements shall be at the sole
discretion of said 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
repealed.
3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Pursuant to the recommendations of Webster County Grand Jury
(July session 1981), notice is hereby given that there will be intro-
duced at the regular 1982 session of the General Assembly of Georgia,
a bill to amend the Compensation of the Tax Commissioner of
Webster County; and for other purposes.
This the 14th day of December, 1981.
Don Castleberry
Representation District
Webster County
Commissioners
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
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:
Dec. 24,31,1981 & Jan. 7,1982.
/s/ Don Castleberry
Representative,
111th District
GEORGIA LAWS 1982 SESSION
3897
Sworn to and subscribed before me,
this 4th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal)..
Approved April 12, 1982.
BANKS COUNTY COMPENSATION OF TAX
COMMISSIONER.
No. 940 (House Bill No. 1428).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and
Tax Collector of Banks County into the office of Tax Commissioner of
Banks County, approved March 28,1974 (Ga. L. 1974, p. 3798), 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 Banks County into the office of Tax Commissioner of
Banks County, approved March 28, 1974 (Ga. L. 1974, p. 3798), is
amended by striking Section 5 of said Act, which reads as follows:
Section 5. The tax commissioner shall receive an annual salary of
not less than $9,000.00 per annum and not more than $12,000.00 per
annum, the exact amount to be determined by the governing author-
ity of Banks County. The tax commissioner shall be paid in equal
monthly installments out of the funds of Banks County.,
3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof a new Section 5 to read as follows:
Section 5. The tax commissioner shall receive an annual salary of
$14,000.00. The tax commissioner shall be paid in equal monthly
installments out of the funds of Banks 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
repealed.
Notice.
Notice of intent to introduce local legislation regarding the adjust-
ment of the salary of the Tax Commissioner of Banks County.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jack Irvin who, on oath, deposes and
says that he/she is Representative from the 10th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Banks County Journal which is the official organ
of Banks County, on the following dates: Dec. 16,23 & 30,1981.
/s/ Jack Irvin
Representative,
10th District
GEORGIA LAWS 1982 SESSION
3899
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
PUTNAM COUNTY SMALL CLAIMS COURT
CREATED.
No. 941 (House Bill No. 1434).
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
3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the foregoing; to provide for legislative intent; to provide for sever-
ability; 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 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.
GEORGIA LAWS 1982 SESSION
3901
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,
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.
3902 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.
(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 deter-
mined 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
GEORGIA LAWS 1982 SESSION
3903
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 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 accom-
plish 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
3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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. 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
GEORGIA LAWS 1982 SESSION
3905
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 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
3906 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____g________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
(Seal).
Section 18. (a) Within ten days from the effective date of
this Act, the members of the House of Representatives and Senate
whose respective districts are embraced or partly embraced within
Putnam County, meeting in caucus, shall appoint, with the approval
of the Governor, the judge of the Small Claims Court of Putnam
County. The initial judge shall take office on the first day of the
month next following such appointment to serve for four years and
until his successor is appointed and qualified. Thereafter, the mem-
bers of the House of Representatives and the Senate whose respective
districts are embraced or partly embraced within Putnam County
shall appoint, with the approval of the Governor, the judge of the
small claims court. Said appointments shall be made in the month
preceding the expiration of the term of office of the judge of the small
claims courts, and the judge so appointed shall take office on the first
day of the month next following such appointment to serve for four
years and until his successor is appointed and qualified.
GEORGIA LAWS 1982 SESSION
3907
(b) The judge of the small claims court shall be exempt from jury
duty in any other court in Putnam County.
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 immediately 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 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.
3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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 small claims court in Putnam County as
created by an Act approved March 24,1970 (Ga. L. 1970, p. 3423).
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 upon its approval by
the Governor or upon its becoming law without his approval.
Section 28. All laws and parts of laws in conflict with this Act
are hereby repealed.
GEORGIA LAWS 1982 SESSION
3909
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 28 day of December, 1981.
Bobby E. Parham
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 Eatonton Messenger
which is the official organ of Putnam County, on the following dates:
Dec. 31,1981 & Jan. 7,14 & 31,1982.
/s/ Bobby E. Parham
Representative,
109th District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DECATUR CORPORATE LIMITS.
No. 942 (House Bill No. 1440).
AN ACT
To amend an Act creating and establishing a new charter and
municipal government for the Town of Decatur, now City of Decatur,
in the County of DeKalb, State of Georgia, approved August 17,1909
(Ga. L. 1909, p. 757), as amended, so as to change the corporate limits
of the City of Decatur, Georgia; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a new charter and
municipal government for the Town of Decatur, now City of Decatur,
in the County of DeKalb, State of Georgia, approved August 17,1909
(Ga. L. 1909, p. 757), as amended, is amended by adding to the
corporate limits of said City of Decatur, Georgia, the following
described territory:
All that tract or parcel of land lying and being in Land Lot 215 of
the 15th District of DeKalb County, Georgia; and being particularly
described as follows:
BEGINNING at the intersection of the eastern right-of-way of
Oldfield Road with the corporate limits of the City of Decatur as said
corporate limits existed prior to this amendment (which point of
beginning is situated 200 feet southerly from the southeastern corner
of the intersection of Oldfield Road and Kirk Road); thence running
northeasterly 225.7 feet along the aforesaid Decatur City Limits line
to the northeastern corner of Lot 3 of the subdivision of
F. B. Walden property as shown on subdivision plat made by
W. H. Weaver, Civil Engineer, dated May, 1940 of record in Plat
Book 13, Page 154 in the office of the Clerk of the Superior Court of
GEORGIA LAWS 1982 SESSION
3911
DeKalb County, Georgia; thence running southerly along the eastern
line of Lots Numbers 3 through 9, both inclusive, said subdivision, a
distance of 747.7 feet to the southeast corner of said Lot No. 9; thence
westerly 214.5 feet along the southern line of Lot No. 9 to the eastern
right of way of Oldfield Road, thence continuing along a line extend-
ing the southern line of said Lot 9 a distance of 50 feet across Oldfield
Road (50-feet right of way) to the westerly right-of-way line of
Oldfield Road; thence running southerly along the western right of
way of Oldfield Road a distance of 110 feet, more or less, to the
intersection of said right of way line of Oldfield Road with the
northern right of way line of McKinnon Drive; thence running
westerly and northwesterly along the northern and northeastern right
of way of Oldfield Road to the southwest corner of property shown on
plat of survey made by Virgil F. Gaddy, Land Surveyor, dated May
27,1980, for the Estate of J. Nelson Maynard, of record in Plat Book
71, page 52, in the office of the Clerk of the Superior Court of DeKalb
County, Georgia; thence running north 1 40 51 east, along the
western line of the property shown on said plat, a distance of 616.20
feet, more or less, to the aforesaid Decatur City Limits line; thence
running northeasterly along the aforesaid Decatur City Limits line a
distance of 387.7 feet, more or less, to the point of beginning.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act establishing a new charter for the City of Decatur, approved
August 17,1909 (Ga. L. 1909, p. 757), as amended, so as to change the
corporate limits thereof; and for other purposes.
This 5th day of January, 1982.
3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Eleanor L. Richardson
Representative,
52nd 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 Decatur-DeKalb News/Era, a newspaper publisher at
Decatur, County of DeKalb, State of Georgia who, being duly sworn,
states on oath that the report of New Charter for City of Decatur-
Local Legislation a true copy of which is hereto annexed, was pub-
lished in said newspaper in its issue of the 14,21, 28th day of January,
1982.
Gerald W. Crane
Co-Publisher
(by) /s/ Linda L. Orr
Agent
Sworn to and subscribed before me,
this 28th day of January, 1982
/s/ Samme Johnson
Notary Public,Georgia State at Large.
My Commission Expires Jan. 8, 1986.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3913
TERRELL COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 943 (House Bill No. 1443).
AN ACT
To amend an Act creating a Small Claims Court of Terrell County,
approved February 16,1979 (Ga. L. 1979, p. 3012), as amended by an
Act approved April 6, 1981 (Ga. L. 1981, p. 3862), so as to change the
methods of serving process; to provide for certain costs; to provide for
certain fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court of Terrell
County, approved February 16, 1979 (Ga. L. 1979, p. 3012), as
amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3862), is
amended by striking subsection (b) of Section 6 of said Act in its
entirety and substituting in lieu thereof the following:
(b) (1) A copy of the verified statement of claim, together
with a notice of hearing in the form prescribed, shall be served on
the defendant, and such service shall be sufficient to give the court
jurisdiction in the premises. Service of said notice shall be made
only within the county. Said service shall be made by any official
or person authorized by law to serve process in the superior court,
by a duly qualified bailiff of the small claims court, by registered
or certified mail, or by any person not a party to, or otherwise
interested in, the action, who is specially appointed by the judge of
said court for that purpose.
(2) When notice is to be served by registered or certified
mail, the clerk or 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
unclaimed or refused, giving the date of attempts at delivery or
the date of refusal and such notation is signed or initialed by a
3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
United States postal employee or United States mail carrier by
whom attempts at delivery were made or to whom refusal was
made, then the clerk or judge shall attach the same to the original
statement and notice of claim or otherwise file it as a part of the
record in the case; it shall be prima-facie evidence of service upon
the defendant.
Section 2. Said Act is further amended by striking subsection
(d) of Section 6 of said Act in its entirety and substituting in lieu
thereof the following:
(d) When served as provided, the cost of service shall be $7.50.
The cost of service shall be advanced by the party demanding same, in
addition to the filing fee provided, and shall be taxed as other costs.
Section 3. Said Act is further amended by striking subsection (a)
of Section 8 of said Act in its entirety and substituting in lieu thereof
the following:
(a) The plaintiff, when he files his claims, 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.
Section 4. Said Act is further amended by striking Section 21 of
said Act in its entirety and substituting in lieu thereof the following:
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 small claims court judge, or it may be served by
registered or certified mail, provided such services by mail is evi-
denced by a properly signed return receipt, which receipt shall be
attached to the original garnishment affidavit or the writ of attach-
ment. Whenever served in person by a court officer as foresaid, 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
GEORGIA LAWS 1982 SESSION
3915
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 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
1982 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. L. 1979, p. 3012), as amended; and for other
purposes.
This the 15 day of December, 1981.
Judge Sam Daniel
Terrell County,
Small Claims Court
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: Dec. 17,24 & 31,1981.
/s/ Bob Hanner
Representative,
130th District
3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of Feb. 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TOWN OF CHESTER CORPORATE LIMITS.
No. 945 (House Bill No. 1451).
AN ACT
To amend an Act creating a new charter for the Town of Chester,
approved March 30, 1977 (Ga. L. 1977, p. 4486), so as to change the
corporate limits of such town; to provide for the annexation of certain
state property; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of
Chester, approved March 30, 1977 (Ga. L. 1977, p. 4486), is amended
by adding at the end of Section 1.2 a new subsection (c) to read as
follows:
(c) In addition to the property heretofore included in the
corporate limits of the Town of Chester, the corporate limits shall be
extended so as to include the following described property:
All that tract or parcel of land lying and being in Lot of Land
Number 70 of the Nineteenth (19th) Land District of Dodge
County, Georgia, and being more particularly described as follows:
GEORGIA LAWS 1982 SESSION
3917
Begin at a point in the center of the Old Bethel Church Road,
which point is located a distance of 767.4 feet northeasterly from
the intersection of said road centerline and the southwest line of
Land Lot No. 70. From said beginning point, thus established,
thence run along said centerline of roadway in a direction of north
57 degrees 28 minutes east a distance of 228.16 feet to a point;
thence along said centerline in a direction of north 53 degrees 40
minutes east a distance of 133.82 feet to a point; thence along said
centerline in a direction of north 51 degrees 47 minutes east a
distance of 163.59 feet to a point; thence along said centerline in a
direction of north 48 degrees 17 minutes east a distance of 244.40
feet to a point; thence in a direction of north 43 degrees 58 minutes
west a distance of 980.00 feet to a point; thence in a direction of
north 37 degrees 23 minutes east a distance of 721.94 feet to a
point; thence in a direction of north 44 degrees 30 minutes west a
distance of 1210.45 feet to a point; thence in a direction of south 45
degrees 48 minutes west a distance of 1474.88 feet to a point;
thence in a direction of south 44 degrees 12 minutes east a distance
of 2203.99 feet to the centerline of the Old Bethel Church Road
and the point of beginning. Said parcel containing 60.44 acres,
more or less, and being bounded as follows: On the southeast by
the center of Old Bethel Church Road; on the northeast by lands
of Thomas L. Sewell, Jr., Clyde Lee Smith, et.al.; and E. H. Floyd,
Jr.; and on the northwest by lands now or formerly belonging to
Mattie Nobles Mullis, and on the southwest by lands of Charles
Russell Dykes. All in accordance with a plat of survey, dated June
23, 1978, as prepared by Carey E. Treadwell, Ga. R.L.S. No. 1538,
and said plat being of record in the office of the Clerk of Dodge
Superior Court in Plat Book 16, page 80, and said plat and the
record thereof being made a part hereof by this reference for
descriptive and all other legal purposes.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act creating a new charter for the Town of Chester, approved March
30,1977 (Ga. Laws 1977, p. 4486), so as to change the corporate limits
of such town; and for other purposes.
3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 23rd day of December, 1981.
Terry L. Coleman
Representative,
118th District
Douglas Rogers, Mayor
Milton Harrison,
City Attorney
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/she is Representative from the 118th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Times Journal-Spotlight
which is the official organ of Dodge County, on the following dates:
Dec. 23,30,1981 & Jan. 6,13,1982.
/s/ Terry L. Coleman
Representative,
118th District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3919
SUMTER COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 946 (House Bill No. 1452).
AN ACT
To amend an Act creating and establishing a small claims court in
and for Sumter County, approved April 4,1979 (Ga. L. 1979, p. 3194),
as amended, so as to change the term of office of the judge 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 and establishing a small claims court
in and for Sumter County, approved April 4, 1979 (Ga. L. 1979, p.
3194), as amended, is amended by striking Section 18 of said Act in its
entirety and inserting in lieu thereof a new Section 18 to read as
follows:
Section 18. On or as soon as practicable after the effective date of
this Act, the Governor shall appoint a person qualified as provided in
Section 2 hereof to serve as judge of said court until December 31,
1984, and until his successor is qualified. Thereafter, such judge shall
be appointed by the Governor, each such judge to serve a term of four
years and until his successor is qualified.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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; so as to
change the term of the judge of said court; and for other purposes.
3920 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: January 8,15 and 22,1982.
/s/ George B. Hooks
Representative,
116th District
Sworn to and subscribed before me,
this 8th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
CITY OF COVINGTON CITY CABLE
TELEVISION SYSTEM
No. 948 (House Bill No. 1471).
AN ACT
To amend an Act incorporating and granting a new charter to the
City of Covington, approved January 30,1962 (Ga. L. 1962, p. 2003),
GEORGIA LAWS 1982 SESSION
3921
as amended, so as to provide that any sale or conveyance of the city
cable television system shall first be approved by the qualified voters
of the city voting in a special election; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating and granting a new charter to
the City of Covington, approved January 30, 1962 (Ga. L. 1962, p.
2003), as amended, is amended by striking from Section 21 the
following:
water, electric, and/or gas,
and inserting in lieu thereof the following:
cable television, water, electric, or gas,
so that when so amended Section 21 of said Act shall read as follows:
Section 21. SameReferendum for sale of facilities. No sale,
conveyance or disposition by the city of its cable television, water,
electric, or gas properties and franchises, or of its sewer system, or of
any interests therein shall ever be of any force or effect unless or until
approved by the duly qualified voters of the city voting at an election
specially called for this purpose; a notice of which election shall be
published once a week in the official newspaper of the city for four
weeks next preceding such election, which notice shall state the name
of the proposed buyer, the terms and conditions of the proposed sale,
the date of the election, the location of the voting precincts, and such
other information as the city council may order.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act incorporating and granting a new charter to the City of Covington
(Ga. L. 1962, p. 2003), as amended, to prohibit the sale or disposition
3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of city cable TV systems or franchises without approval by referen-
dum; to provide for matters relative to the foregoing; and for other
purposes.
This 19th day of January, 1982.
Denny M. Dobbs
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
Legislation was published in the Covington News which is the official
organ of Newton County, on the following dates: Jan. 21 & 28,1982 &
Feb. 4,1982.
/s/ Denny M. Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3923
FAYETTE COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 950 (House Bill No. 1487).
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. L.
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. L.
1977, p. 4243), as amended, is amended by striking Section 9 in its
entirety and inserting in lieu thereof a new Section 9 to read as
follows:
Section 9. (a) The plaintiff or other party filing an action or
claim within the jurisdiction of the court, when he files his claim or
action, shall deposit with the court the sum of $20.00 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;
provided, however, the cost for issuing subpoenas and pleas shall be
the same as now or hereafter provided by law for the clerk of the
Fayette Superior Court; provided, further, the deposit for filing a
notice of appeal and certifying an appeal to the superior court shall be
$6.50.
(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 $20.00 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
3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
(c) In all cases wherein the claim is based upon a violation of a
law or ordinance enacted by the board of commissioners of Fayette
County, the plaintiff, upon filing his claim, shall deposit with the
court the sum of $20.00. Said sum shall be in lieu of that amount
stated in subsection (a).
Section 2. Said Act is further amended by striking Section 25 in
its entirety and inserting in lieu thereof a new Section 25 to read as
follows:
Section 25. The fee of the bailiff for the service of process or
other actions or claims shall be as set by the court, provided that said
fee shall not exceed the fees now or hereafter provided by law for the
sheriff of Fayette County. The fee of the bailiff for the execution of a
fi. fa. shall be the same as now or hereafter provided by law for
execution by the sheriff of Fayette County, 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 $20.00.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 LAWS 1982 SESSION
3925
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: Dec. 23, 30,
1981 & Jan. 6,13,1982.
/s/ John L. Mostiler
Representative,
71st District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
WAYCROSS PUBLIC FACILITIES AUTHORITY
ACT REPEALED.
No. 951 (House Bill No. 1503).
AN ACT
To repeal an Act entitled An Act to create a body corporate and
politic and an instrumentality of the State of Georgia to be known as
3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Waycross Public Facilities Authority; to authorize the authority
to acquire, construct, equip, maintain, and operate self-liquidating
projects, including buildings and facilities for use by the City of
Waycross for its governmental, proprietary, and administrative func-
tions; to authorize the City of Waycross to lease or sell lands and
buildings to the authority; to provide for the appointment of the
members of the authority; to define certain words and terms; to
confer powers and impose duties on the authority; to grant limitations
to the authority; to authorize the authority and the City of Waycross
to enter into contracts and leases pertaining to the use of such
facilities, which contracts and leases shall obligate the lessees to make
payment for the use of the facilities for the term thereof and to pledge
for that purpose money derived from taxation; to provide that no debt
of the City of Waycross within the meaning of the Constitution of the
State of Georgia, Article IX, Section VII, Paragraph I, shall be
incurred by the exercise of any of the powers hereby granted; to
authorize the issuance of revenue bonds of the authority payable from
the revenues, rents, and earnings and other funds of the authority to
pay the costs of such projects; to authorize the collecting and pledging
of such revenues, rents, and earnings for the payment of such bonds;
to authorize the adoption of resolutions and the execution of trust
indentures to secure the payment of such bonds and to define the
rights of the holders of such bonds; to make the bonds of the authority
exempt from taxation; to provide the right and power for the author-
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., approved April 2,
1980 (Ga. L. 1980, p. 4502); 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 body corporate
and politic and an instrumentality of the State of Georgia to be
known as the Waycross Public Facilities Authority; to authorize the
authority to acquire, construct, equip, maintain, and operate self-
GEORGIA LAWS 1982 SESSION
3927
liquidating projects, including buildings and facilities for use by the
City of Waycross for its governmental, proprietary, and administra-
tive functions; to authorize the City of Waycross to lease or sell lands
and buildings to the authority; to provide for the appointment of the
members of the authority; to define certain words and terms; to
confer powers and impose duties on the authority; to grant limitations
to the authority; to authorize the authority and the City of Waycross
to enter into contracts and leases pertaining to the use of such
facilities, which contracts and leases shall obligate the lessees to make
payment for the use of the facilities for the term thereof and to pledge
for that purpose money derived from taxation; to provide that no debt
of the City of Waycross within the meaning of the Constitution of the
State of Georgia, Article IX, Section VII, Paragraph I, shall be
incurred by the exercise of any of the powers hereby granted; to
authorize the issuance of revenue bonds of the authority payable from
the revenues, rents, and earnings and other funds of the authority to
pay the costs of such projects; to authorize the collecting and pledging
of such revenues, rents, and earnings for the payment of such bonds;
to authorize the adoption of resolutions and the execution of trust
indentures to secure the payment of such bonds and to define the
rights of the holders of such bonds; to make the bonds of the authority
exempt from taxation; to provide the right and power for the author-
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., approved April 2,
1980 (Ga. L. 1980, p. 4502), is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice Of Intention To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly a bill to repeal an Act creating a
3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
body corporate and politic to be known as the Waycross Public
Facilities Authority, and for other purposes, approved April 2, 1980
(Ga. L. 1980, P. 4502); and for other purposes.
This 9th day of January, 1982.
Harry D. Dixon
Representative,
District 151
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: Jan. 9,16 &
23,1982.
/s/ Harry Dixon
Representative,
151st District
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3929
CHARLTON COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 952 (House Bill No. 1504).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Charlton County, approved March 4,1964 (Ga. L. 1964, p.
2459), as amended, so as to change the compensation of the tax
commissioner; to authorize the tax commissioner to retain certain
fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and
tax collector of Charlton County, approved March 4, 1964 (Ga. L.
1964, p. 2459), as amended, is amended by striking Section 3 of said
Act in its entirety and inserting in lieu thereof a new Section 3 to read
as follows:
Section 3. The tax commissioner shall receive for his services as
such an annual salary of $15,500.00 payable in equal monthly install-
ments from the funds of Charlton County.
Section 2. Said Act is further amended by striking Section 4 of
said Act in its entirety and inserting in lieu thereof a new Section 4 to
read as follows:
Section 4. Except as provided in the next sentence, 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, emolu-
ments, and perquisites of whatever kind, including those commissions
allowed by an Act relating to the commission on taxes collected in
excess of a certain percentage of the taxes due according to the tax net
digest, approved January 17,1938 (Ga. L. 1937-38, Ex. Sess., p. 297),
as amended. The tax commissioner shall be entitled to those fees and
commissions allowed by an Act approved March 9,1955 (Ga. L. 1955,
p. 659), as amended, relating to the sale of motor vehicle license plates
by local tax officials, for his services rendered in the sale of such
plates, and those fees authorized the tax commissioner when acting as
ex officio sheriff for purposes of collecting taxes due the state and
county by levy and sale under tax execution pursuant to the general
3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
laws relating to revenue and taxation. Except as hereinbefore pro-
vided, all fees, commissions, costs, fines, emoluments, and perquisites
of whatever kind received and collected by the tax commissioner shall
be received, collected, and held by him as public funds belonging to
Charlton County. Once each month the tax commissioner shall turn
over to the fiscal authority of said county all funds collected by him
with a detailed itemized statement showing the sources from which
such funds were collected.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act consolidating the offices of tax receiver and tax collector of
Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), as
amended; and for other purposes.
This the 7th day of January, 1982.
Charlton County Board
of Commissioners
Jack R. Mays,
Chairman
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 Charlton County Herald which is the
official organ of Charlton County, on the following dates: Jan. 20 &
27,1982 & Feb. 3,1982.
GEORGIA LAWS 1982 SESSION
3931
/s/ Harry Dixon
Representative,
151st District
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF ATLANTA BOARD OF EDUCATION.
No. 953 (House Bill No. 1506).
AN ACT
To amend an Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb, and creating a new charter for said
City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended,
particularly by an ordinance adopted pursuant to the provisions of
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298), as
amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and
which incorporated into the charter of the City of Atlanta the Act
reorganizing the Board of Education of the City of Atlanta, approved
March 16, 1973 (Ga. L. 1973, p. 2167), as amended, which Act, by
Section 4.109 thereof, is deemed to be a part of the Act creating a new
charter for the City of Atlanta, so as to change the name of the Civil
Service Board of the Atlanta School System to the Civil Service
Commission and for review of Civil Service Commission decisions by
the Atlanta Board of Education; to repeal conflicting laws; and for
other purposes.
3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Atlanta in the
Counties of Fulton and DeKalb, and creating a new charter for said
City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended,
particularly by an ordinance adopted pursuant to the provisions of
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298), as
amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and
which incorporated into the charter of the City of Atlanta the Act
reorganizing the Board of Education of the City of Atlanta, approved
March 16, 1973 (Ga. L. 1973, p. 2167), as amended, which Act, by
Section 4.109 thereof, is deemed to be a part of the Act creating a new
charter for the City of Atlanta, is amended by striking Section 10-103
(formerly numbered as Section 3-103) of the Act reorganizing the
Board of Education of the City of Atlanta, approved March 16, 1973
(Ga. L. 1973, p. 2167), in its entirety and substituting in lieu thereof a
new Section 10-103 to read as follows:
Section 10-103. Civil Service Commission, (a) There shall be a
Civil Service Commission, consisting of five members, appointed by
the Board to six-year staggered terms of office as specified by
resolution of the Board. Three members shall constitute a quorum.
The members shall annually elect one of their number as chairman.
The Board may suspend or remove Civil Service Commission mem-
bers for cause.
(b) The Civil Service Commission, under rules of procedure
which the Board shall establish, shall:
(1) Hold its meetings in the central offices of the Atlanta
school system;
(2) Hold regular meetings at least once quarterly;
(3) Review and in its discretion recommend amendments to
the civil service rules and regulations of the Atlanta school system;
(4) Hear employee grievances and appeals with notice, right
to counsel and other procedures of due process and the right of
judicial review; the Board may establish procedures whereby a
decision of the Commission may be reviewed by the Board before
the same shall be deemed final and binding;
GEORGIA LAWS 1982 SESSION
3933
(5) Make investigations requested by the Board or on its
own motion;
(6) Keep minutes of its meetings and such other records as
it may deem necessary;
(7) Hear any matter referred thereto by the Board; and
(8) Conduct such other business as shall be authorized by
the Board or by law.
(c) Wherever the words Civil Service Board or the word Board
appear in this Act or in the Act reincorporating the City of Atlanta,
approved March 16,1973 (Ga. L. 1973, p. 2188), as amended, and such
words appear in a context indicating a reference to the Civil Service
Commission provided for by this Article, then such words shall be
stricken and the words Civil Service Commission or the word
Commission shall be inserted, respectively, in lieu of such stricken
words.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that the City of 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 1982 Session of the General Assembly of Georgia, which convenes
on Monday, January 11, 1982, 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:
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.
3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 28th day of December, 1981.
William M. (Bill) Alexander
Legislative Coordinator,
City of Atlanta
Tom Keating
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, Sidney J. Marcus who, on oath,
deposes and says that he/she is Representative from the 26th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: Dec. 28,
1981, Jan. 4 & 11,1982.
/s/ Sidney J. Marcus
Representative,
26th District
Sworn to and subscribed before me,
this 2nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3935
TOWN OF RINCON VACANCIES IN OFFICE
OF MAYOR OR COUNCILPERSON.
No. 954 (House Bill No. 1523).
AN ACT
To amend an Act creating a new charter for the Town of Rincon,
approved March 13, 1978 (Ga. L. 1978, p. 3307), as amended, so as to
provide for the manner of filling a vacancy in the office of mayor or
councilperson; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Rincon,
approved March 13, 1978 (Ga. L. 1978, p. 3307), as amended, is
amended by striking Section 2-7, relating to a vacancy in the office of
mayor or councilperson, and inserting in its place a new Section 2-7 to
read as follows:
Section 2-7. Vacancy in Office of Mayor or Councilperson. (a) A
vacancy shall exist if the mayor or councilperson resigns, dies, moves
his residence from the town, is adjudged incompetent, is convicted of
malfeasance in office, is convicted of a felony, or for any other reason
no longer holds his office. A vacancy shall not be deemed to exist
where a leave of absence is granted by the mayor and council and such
leave is entered on the official minutes.
(b) (1) If a vacancy occurs in the office of mayor three months
or more prior to the expiration of the mayors term of office but on
or before the last date to qualify for the regular election to be held
during the first year of that term of office, the mayor pro tem shall
serve as mayor until a successor is elected to fill the unexpired
term at that regular election and until that successor is qualified.
(2) If a vacancy occurs in the office of mayor three months
or more prior to the expiration of the mayors term of office but
after the last date to qualify for the regular election to be held
during the first year of that term of office, the mayor pro tem shall
serve as mayor until a successor is elected to fill the unexpired
term at a special election which shall be called by the election
superintendent of the town within 15 days after the vacancy
occurs and pursuant to the Georgia Municipal Election Code,
and until that successor is qualified.
3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) If a vacancy occurs in the office of mayor less than three
months prior to the expiration of the mayors term of office, the
mayor pro tern shall serve until a successor is elected at the next
regular election and until that successor is qualified.
(4) During any period in which the mayor pro tem is autho-
rized to serve as mayor during a vacancy in that office, the mayor
pro tem shall exercise all of the powers and perform all of the
duties of the mayor.
(c) (1) If a vacancy occurs in the office of councilperson but on
or prior to the last date to qualify for the regular election held
during the first year of that term of office, the council shall
appoint a qualified citizen of the town to fill that vacancy within
30 days after the vacancy occurs, which appointee shall serve until
a successor is elected at that election and qualified.
(2) If a vacancy occurs in the office of councilperson but
after the last date to qualify for the regular election held during
the first year of that term of office, the council shall appoint a
qualified citizen of the town to fill that vacancy within 30 days
after the vacancy occurs, which appointee shall serve until a
successor is elected in the regular election held during the second
year of that term of office and until that successor is qualified.
(3) No person shall fill, under this subsection, an unexpired
term created by a vacancy unless that person has received a
majority of the votes cast by the council. The mayor shall not vote
to fill any such vacancy except in case of a tie.
(4) All candidates offering for election as councilpersons
shall designate at the time of qualifying whether they are offering
to fill an unexpired term or a full two-year term.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to amend an
GEORGIA LAWS 1982 SESSION
3937
Act creating a new charter for the Town of Rincon, approved March
13,1978, (Ga. Laws 1978, p. 3307), as amended by Ga. Laws 1979, p.
3083 approved March 2,1979, to change the manner of filling vacan-
cies in the office of mayor or councilperson.
Lonnie A. Tucker
Mayor of the Town
of Rincon
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George Chance who, on oath, deposes
and says that he/she is Representative from the 129th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Springfield Herald which is the
official organ of Effingham County, on the following dates: Jan. 14,21
& 28,1982.
/s/ George A. Chance
Representative,
129th District
Sworn to and subscribed before me,
this 10th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF EFFINGHAM COUNTY
SALARIES OF JUDGE AND SOLICITOR.
No. 955 (House Bill No. 1524).
AN ACT
To amend an Act creating the State Court of Effingham County,
approved July 20,1908 (Ga. L. 1908, p. 211), as amended, particularly
by an Act approved March 18, 1980 (Ga. L. 1980, p. 3527), so as to
change the salary of the judge and the solicitor of said court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Effingham County,
approved July 20,1908 (Ga. L. 1908, p. 211), as amended, particularly
by an Act approved March 18,1980 (Ga. L. 1980, p. 3527), is amended
by striking Section 2A in its entirety and inserting in lieu thereof a
new Section 2A to read as follows:
Section 2A. The judge of said court shall receive a salary of
$9,000.00 per year which shall be paid monthly by the treasurer of
Effingham County; and it shall be the duty of the board of county
commissioners of said county, or other proper officers, to make
provision annually in levying taxes for this purpose. The judge shall
receive no other compensation but may practice law in any court
except his own.
Section 2. Said Act is further amended by striking Section 4A in
its entirety and inserting in lieu thereof a new Section 4A to read as
follows:
Section 4A. The solicitor of said court shall receive a salary of
$7,100.00 per annum which shall be payable in equal monthly install-
ments from the funds of Effingham County; and it shall be the duty of
the board of commissioners of said county to make provision annually
in levying taxes for this purpose. In addition, he shall receive reim-
bursement for all expenses incurred by him in the prosecution before
appellate courts of cases originating in the State Court of Effingham
County. Said salary and expenses shall be in lieu of all fees allowed by
law. Said solicitor shall receive no other compensation for his services
GEORGIA LAWS 1982 SESSION
3939
and may practice law in any court with the exception of representing
defendants in criminal cases in the State Court of Effingham County,
Georgia.
Section 3. This Act shall become effective April 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the 1982
session of the General Assembly of Georgia a bill affecting the
compensation of the judge of State Court of Effingham County
Georgia.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the 1982
session of the General Assembly of Georgia a bill affecting the
compensation of the Solicitor of State Court of Effingham, County
Georgia.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George A. Chance Jr. who, on oath,
deposes and says that he/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:
January 14,21 and 28,1982.
/s/ George A. Chance Jr.
Representative,
129th District
3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 10th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
BOARDS OF ELECTIONS IN CERTAIN
COUNTIES (175,000 - 195,000).
No. 956 (House Bill No. 1531).
AN ACT
To amend an Act providing for a board of elections in each county
of this state having a population of more than 170,000 and less than
195,000 persons according to the 1970 United States decennial census
or any future such census, approved April 18, 1973 (Ga. L. 1973, p.
3697), as amended, so as to change the population requirements of
said 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. An Act providing for a board of elections in each
county of this state having a population of more than 170,000 and less
than 195,000 persons according to the 1970 United States decennial
census or any future such census, approved April 18, 1973 (Ga. L.
1973, p. 3697), as amended, is amended by striking the first paragraph
of Section 1 and inserting in lieu thereof a new paragraph to read as
follows:
GEORGIA LAWS 1982 SESSION
3941
There is created in each county of this state having a population
of not less than 200,000 nor more than 250,000 according to the
United States decennial census of 1980 or any future such census a
board of elections which shall have jurisdiction over the conduct of
general and special elections, referendums, general and special prima-
ries, and runoffs resulting therefrom in any such county in accordance
with the provisions of the Georgia Election Code and rules of the
State Election Board.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
RICHMOND COUNTY COMPENSATION OF
NAMED OFFICIALS.
No. 958 (House Bill No. 1537).
AN ACT
To establish the compensation of certain officials of Richmond
County, Georgia; to prohibit certain practices by certain officials; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The following officials of Richmond County, Georgia,
shall receive a monthly salary, payable from the funds of Richmond
County, Georgia, as follows:
(1) Clerk of superior court
and state court..................................$ 2,166.67
(2) Judge of the probate court........................ 2,541.67
3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Tax commissioner................................ 2,362.50
(4) Judge of the state court....................... 3,541.67
(5) Solicitor of the state court.................... 1,570.00
(6) Coroner......................................... 1,300.00
(7) Judge of the civil court........................ 2,612.50
(8) Associate judge of the
civil court................................... 2,437.50
(9) Chairman of the board
of commissioners................................ 783.00
(10) Member of the board
of commissioners................................ 583.00
(11) District attorney................................ 690.00
(12) Judge of the superior court...................... 935.00
(13) Sheriff........................................ 2,783.33
Section 2. The judge of the state court and the associate judge of
the civil court shall not engage in the private practice of law.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia an Act to establish
the Compensation of certain officials of Richmond County, Georgia;
to prohibit certain practices by certain officials; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
This 14th day of December, 1981.
Robert C. Daniel, Jr.
County Attorney,
Richmond County, Georgia
GEORGIA LAWS 1982 SESSION
3943
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: Dec. 18, 26,1981 &
Jan. 2,1982.
/s/ Sam G. Nicholson
Representative,
88th District
Sworn to and subscribed before me,
this 10th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
BULLOCH COUNTY COMPENSATION OF TAX
COMMISSIONERS EMPLOYEES.
No. 960 (House Bill No. 1666).
AN ACT
To amend an Act creating the office of Tax Commissioner of
Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as
3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved March 19, 1981 (Ga. L.
1981, p. 3169), so as to change the compensation of the tax commis-
sioners 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. L. 1937, p. 1261), as
amended, particularly by an Act approved March 19, 1981 (Ga. L.
1981, p. 3169), is 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 $9,630.00 per annum, the second such assistant shall
receive a salary not to exceed $8,888.00 per annum, and the third such
assistant shall receive a salary not to exceed $8,240.00 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
repealed.
State of Georgia.
County of Bulloch.
Resolution.
Be it resolved by the Board of Commissioners of Bulloch County,
Georgia, that, whereas, personnel to fill positions in County offices
must be paid in line with prevailing pay for other persons of similar
training and skills and in line with what is being paid by other
enterprise, and
GEORGIA LAWS 1982 SESSION
3945
Whereas, the Commissioners have conferred with County officials
and investigated into the question of pay for personnel and the need
for personnel in County offices, and
Whereas, local legislation is needed to provide for personnel and
their pay in behalf of Bulloch County offices,
Be it resolved as follows:
That there be provided personnel in County offices as enumerated
hereinafter and to be paid as set opposite such personnel, to-wit:
Commissioners Office
Assistant Clerk from $10,400.00-to-$ll,500.00
Clerical Assistant from $9,000.00-to-$9,630.00
Sheriffs Office
Chief Deputy from $12,600.00-to-$14,000.00
Deputy from $11,400.00-to-$12,200.00
Office Clerk from $8,300.00-to-$9,630.00
Probate Judge
Clerical Assistant from $8,300.00-to-$9,630.00
Tax Commissioners Office
First Assistant from $9,000.00-to-$9,630.00
Second Assistant from $8,300.00-to-$8,888.00
Third Assistant from $7,700.00-to-$8,240.00
Clerks Office
Chief Deputy from $9,000.00-to-$9,630.00
Docket Clerk from $8,300.00-to-$8,888.00
Typist from $7,700.00-to-$8,240.00
Be it further resolved, that the State Representatives and State
Senator representing the people of Bulloch County be requested to
introduce and secure passage of local legislation during the current
session of 1982 General Assembly of Georgia, so as to provide in
3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
keeping with the above provisions for personnel and pay, to be
effective on the first day of the calendar month after the calendar
month in which the Governor signs said legislation, approving the
same.
Be it further resolved, that a copy of this Resolution be furnished
to State Representatives, Honorables Robert Emory Lane and John
Godbee and Senator Joseph E. Kennedy, with the request for their
action as stated above.
This January 7, 1982.
Board of Commissioners
of Bulloch County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
and says that he/she is Representative from the 82nd 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: Jan. 28,1982
& Feb. 4,11,1982.
/s/ John Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
3947
BULLOCH COUNTY COMPENSATION OF
EMPLOYEES OF CLERK OF SUPERIOR COURT.
No. 961 (House Bill No. 1667).
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.
L. 1960, p. 2763), as amended, particularly by an Act approved March
19, 1981 (Ga. L. 1981, p. 3159), so as to change the compensation of
the clerks employees; 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 the Clerk of the Superior Court of
Bulloch County upon an annual salary, approved March 17,1960 (Ga.
L. 1960, p. 2763), as amended, particularly by an Act approved March
19, 1981 (Ga. L. 1981, p. 3159), is 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 $9,630.00 per annum, and a
docket clerk and to fix his compensation at a figure not to exceed
$8,888.00 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 $8,240.00 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.
3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
State of Georgia.
County of Bulloch.
Resolution.
Be it resolved by the Board of Commissioners of Bulloch County,
Georgia, that, whereas, personnel to fill positions in County offices
must be paid in line with prevailing pay for other persons of similar
training and skills and in line with what is being paid by other
enterprise, and
Whereas, the Commissioners have conferred with County officials
and investigated into the question of pay for personnel and the need
for personnel in County offices, and
Whereas, local legislation is needed to provide for personnel and
their pay in behalf of Bulloch County offices,
Be it resolved as follows:
That there be provided personnel in County offices as enumerated
hereinafter and to be paid as set opposite such personnel, to-wit:
Commissioners Office
Assistant Clerk from $10,400.00-to-$ll,500.00
Clerical Assistant from $9,000.00-to-$9,630.00
Sheriffs Office
Chief Deputy from $12,600.00-to-$14,000.00
Deputy from $11,400.00-to-$12,200.00
Office Clerk from $8,300.00-to-$9,630.00
GEORGIA LAWS 1982 SESSION
3949
Probate Judge
Clerical Assistant from $8,300.00-to-$9,630.00
Tax Commissioners Office
First Assistant from $9,000.00-to-$9,630.00
Second Assistant from $8,300.00-to-$8,888.00
Third Assistant from $7,700.00-to-$8,240.00
Clerks Office
Chief Deputy from $9,000.00-to-$9,630.00
Docket Clerk from $8,300.00-to-$8,888.00
Typist from $7,700.00-to-$8,240.00
Be it further resolved, that the State Representatives and State
Senator representing the people of Bulloch County be requested to
introduce and secure passage of local legislation during the current
session of 1982 General Assembly of Georgia, so as to provide in
keeping with the above provisions for personnel and pay, to be
effective on the first day of the calendar month after the calendar
month in which the Governor signs said legislation, approving the
same.
Be it further resolved, that a copy of this Resolution be furnished
to State Representatives, Honorables Robert Emory Lane and John
Godbee and Senator Joseph E. Kennedy, with the request for their
action as stated above.
This January 7, 1982.
Board of Commissioners
of Bulloch County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
and says that he/she is Representative from the 82nd District, and
that the attached copy of Notice of Intention to Introduce Local
3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Statesboro Herald which is the
official organ of Bulloch County, on the following dates: Jan. 28,1982
& Feb. 4,11,1982.
/s/ John Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
BULLOCH COUNTY COMPENSATION OF
SHERIFFS DEPUTIES, ETC.
No. 962 (House Bill No. 1668).
AN ACT
To amend an Act placing the Sheriff of Bulloch County upon
annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2594),
amended, particularly by an Act approved March 19, 1981 (Ga.
1981, p. 3162), 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:
rg
GEORGIA LAWS 1982 SESSION
3951
Section 1. An Act placing the Sheriff of Bulloch County upon an
annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2594), as
amended, particularly by an Act approved March 19, 1981 (Ga. L.
1981, p. 3162), is 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
$14,000.00 per annum, one junior deputy who shall be compensated in
the amount of $12,200.00 per annum, and one office clerk who shall be
compensated in the amount of $9,630.00 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 aw without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
State of Georgia.
County of Bulloch.
Resolution.
Be it resolved by the Board of Commissioners of Bulloch County,
Georgia, that, whereas, personnel to fill positions in County offices
must be paid in line with prevailing pay for other persons of similar
training and skills and in line with what is being paid by other
enterprise, and
Whereas, the Commissioners have conferred with County officials
and investigated into the question of pay for personnel and the need
for personnel in County offices, and
Whereas, local legislation is needed to provide for personnel and
their pay in behalf of Bulloch County offices,
3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it resolved as follows:
That there be provided personnel in County offices as enumerated
hereinafter and to be paid as set opposite such personnel, to-wit:
Commissioners Office
Assistant Clerk from $10,400.00-to-$ll,500.00
Clerical Assistant from $9,000.00-to-$9,630.00
Sheriffs Office
Chief Deputy from $12,600.00-to-$14,000.00
Deputy from $11,400.00-to-$12,200.00
Office Clerk from $8,300.00-to-$9,630.00
Probate Judge
Clerical Assistant from $8,300.00-to-$9,630.00
Tax Commissioners Office
First Assistant from $9,000.00-to-$9,630.00
Second Assistant from $8,300.00-to-$8,888.00
Third Assistant from $7,700.00-to-$8,240.00
Clerks Office
Chief Deputy from $9,000.00-to-$9,630.00
Docket Clerk from $8,300.00-to-$8,888.00
Typist from $7,700.00-to-$8,240.00
Be it further resolved, that the State Representatives and State
Senator representing the people of Bulloch County be requested to
introduce and secure passage of local legislation during the current
session of 1982 General Assembly of Georgia, so as to provide in
keeping with the above provisions for personnel and pay, to be
effective on the first day of the calendar month after the calendar
month in which the Governor signs said legislation, approving the
same.
Be it further resolved, that a copy of this Resolution be furnished
to State Representatives, Honorables Robert Emory Lane and John
Godbee and Senator Joseph E. Kennedy, with the request for their
action as stated above.
GEORGIA LAWS 1982 SESSION
3953
This January 7, 1982.
Board of Commissioners
of Bulloch County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
and says that he/she is Representative from the 82nd 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: Jan. 28,1982
& Feb. 4,11,1982.
/s/ John Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF VALDOSTA CHARTER AMENDED.
No. 963 (House Bill No. 1669).
AN ACT
To amend the charter of the City of Valdosta as set forth in the
Act of the General Assembly of Georgia, approved March 24, 1976
(Ga. L. 1976, p. 3186), as amended, so as to redefine 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 to amend the charter of the City of Valdosta as
set forth in the Act of the General Assembly of Georgia, approved
March 24, 1976 (Ga. L. 1976, p. 3186), as amended, is amended by
striking Section 1.3 in its entirety and inserting in lieu thereof a new
Section 1.3 to read as follows:
Section 1.3. The corporate limits of the City of Valdosta in the
County of Lowndes are altered, relocated, and redefined so that from
and after the passage of this Act, the said corporate limits shall be
defined, located, and described as follows:
Beginning at the point where the east margin of the right-of-
way of the Central of Georgia Railroad main line intersects the
north margin of the right-of-way of Georgia State Highway 31
(East Park Avenue); thence, running westerly along the north
margin of said highway right-of-way to its intersection with the
west right-of-way of the Central of Georgia Railroad; thence,
continuing along the north right-of-way of the Lakeland Highway
an arc distance of 450.83 feet to a point; thence, along the arc of a
proposed intersection (15.23 feet) radius north 19 degrees 59
minutes east a distance of 13.80 feet to a point; thence, north 23
degrees 38 minutes west a distance of 114.88 feet to a point;
thence, along a curve (arc distance of 269.25 feet) north 12 degrees
45 minutes west a distance of 267.64 feet to a point; thence, north 1
degree 52 minutes west a distance of 648.77 feet to a point; thence,
along the arc (15.71 feet) north 46 degrees 52 minutes west a
distance of 14.14 feet to a point; thence, south 88 degrees 08
minutes west a distance of 117.5 feet to a point; thence, along the
arc (52.45 feet) south 75 degrees 04 minutes west a distance of
52.00 feet to a point; thence, south 62 degrees 00 minutes west a
GEORGIA LAWS 1982 SESSION
3955
distance of 285.02 feet to a point; thence, along the arc (75.26 feet)
south 75 degrees 04 minutes west a distance of 74.61 feet to a
point; thence, south 88 degrees 08 minutes west a distance of 60.80
feet to a point; thence south 01 degrees 52 minutes east a distance
of 288.61 feet to a point; thence, running south 88 degrees 22
minutes west a distance of 1230.47 feet to a concrete monument
located on the east margin of Forrest Street; thence, running north
1 degree 52 minutes west along the east margin of North Forrest
Street a distance of 323.27 feet to a point; thence, north 88 degrees
08 minutes east 190.0 feet; thence, north 1 degree 52 minutes west
203.28 feet; thence, north 1 degree 37 minutes west 1866.11 feet;
thence, north 88 degrees 33 minutes 06 seconds east a distance of
828.20 feet to a point; thence, north 1 degree 18 minutes 09
seconds east a distance of 683.41 feet to a point; thence, north 1
degree 17 minutes 25 seconds west a distance of 560.00 feet to a
point; thence, north 21 degrees 05 minutes 25 seconds west a
distance of 404.54 feet to a point; thence, north 88 degrees 41
minutes 04 seconds east a distance of 27.55 feet to a point; thence,
south 76 degrees 14 minutes 10 seconds east a distance of 139.26
feet to a point; thence, south 72 degrees 36 minutes 08 seconds east
a distance of 50.98 feet to a point; thence, north 10 degrees 48
minutes 56 seconds west a distance of 56.06 feet to a point; thence,
north 10 degrees 48 minutes 56 seconds west a distance of 219.29
feet to a point on the south margin of Northside Drive; thence,
eastwardly along said curve a distance of 435.28 feet to a point;
thence, south 12 degrees 47 minutes 47 seconds west a distance of
351.74 feet to a point; thence, south 50 degrees 30 minutes 46
seconds east a distance of 144.0 feet to a point; thence, south 57
degrees 14 minutes 25 seconds east a distance of 256.13 feet to a
point; thence, south 0 degrees 32 minutes east a distance of
1183.67 feet to a point; thence, north 88 degrees 28 minutes east a
distance of 1413.10 feet to a point, said point is located on the west
right-of-way of the Georgia and Florida Railroad; thence, along
said right-of-way north 15 degrees 03 minutes east a distance of
1442.87 feet to a point, said point is located on the north margin of
Northside Drive; thence, running north 74 degrees 55 minutes
west along the north margin of Northside Drive a distance of
298.54 feet to a point; thence, north 05 degrees 51 minutes 30
seconds east a distance of 142.53 feet to a point; thence, north 81
degrees 20 minutes 30 seconds west a distance of 258.86 feet to a
point; thence, north 84 degrees 08 minutes west a distance of 255.0
feet to a point; thence, north 05 degrees 52 minutes east a distance
of 319.98 feet to a point; thence, north 68 degrees 22 minutes west
3956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a distance of 88.32 feet to a point; thence, north 24 degrees 44
minutes 30 seconds west a distance of 84.86 feet to a point; thence,
north 19 degrees 37 minutes 30 seconds west a distance of 92.58
feet to a point; thence, north 14 degrees 00 minutes west a distance
of 172.76 feet to a point; thence, north 19 degrees 08 minutes west
a distance of 210.52 feet to a point; thence, north 26 degrees 11
minutes east a distance of 97.0 feet to a point; thence, north 14
degrees 52 minutes 24 seconds east a distance of 50.99 feet; thence,
north 26 degrees 11 minutes east a distance of 100.00 feet to a
point; thence, north 26 degrees 11 minutes east a distance of 45.76
feet to a point; thence, north 28 degrees 28 minutes 23 seconds east
a distance of 178.78 feet to a point; thence, north 53 degrees 31
minutes 08 seconds east a distance of 47.50 feet to a point; thence,
north 71 degrees 12 minutes 30 seconds east a distance of 100.0
feet to a point; thence, south 89 degrees 17 minutes 30 seconds east
a distance of 116.0 feet to a point; thence, south 56 degrees 18
minutes east a distance of 125.0 feet to a point said point being on
the west right-of-way of Kirkwood Circle; thence, south 0 degrees
33 minutes 19 seconds west a distance of 91.45 feet to a point, said
point being on the east right-of-way of Kirkwood Circle; thence,
south 56 degrees 18 minutes east a distance of 134.47 feet to a
point; thence, north 34 degrees 05 minutes 57 seconds east a
distance of 240.0 feet to a point; thence, south 54 degrees 21
minutes 06 seconds east a distance of 256.06 feet to a point;
thence, south 0 degrees 49 minutes 11 seconds east a distance of
190.00 feet to a point; thence, south 2 degrees 13 minutes 31
seconds west a distance of 160.00 feet to a point; thence, south 82
degrees 49 minutes 12 seconds east a distance of 125.00 feet to a
point, said point being on the west right-of-way of Houston
Avenue; thence, south 19 degrees 54 minutes 02 seconds east a
distance of 87.28 feet to a point, said point on the east right-of-way
of Houston Avenue; thence, south 74 degrees 57 minutes east a
distance of 177.30 feet to a point; thence, north 15 degrees 03
minutes east a distance of 85.00 feet to a point; thence, north 0
degrees 49 minutes 11 seconds west a distance of 1149.63 feet to a
point; thence, south 88 degrees 30 minutes 41 seconds west a
distance of 135.0 feet to a point, said point being on the east right-
of-way of Houston Avenue; thence, south 88 degrees 30 minutes 41
seconds west a distance of 50.0 feet to a point on the west right-of-
way of Houston Avenue; thence, south 88 degrees 30 minutes 41
seconds west a distance of 581.31 feet to a point; thence, north 1
degree 47 minutes 26 seconds west a distance of 149.68 feet to a
point; thence, north 2 degrees 00 minutes west a distance of 255.0
GEORGIA LAWS 1982 SESSION
3957
feet to a point; thence, north 0 degrees 58 minutes 38 seconds east
a distance of 135.69 feet to a point; thence, north 01 degrees 07
minutes 55 seconds east a distance of 251.29 feet to a point;
thence, north 0 degrees 07 minutes 55 seconds east a distance of
129.45 feet to a point; thence, north 89 degrees 02 minutes 56
seconds west a distance of 136.26 feet to a point, said point being
on the east right-of-way of Fallingleaf Lane; thence, north 89
degrees 02 minutes 56 seconds west a distance of 50.0 feet to a
point on the west right-of-way of said street; thence, along the
right-of-way of said street, south 0 degrees 57 minutes 04 seconds
west a distance of 159.31 feet to a point; thence, north 89 degrees
02 minutes 56 seconds west a distance of 120.00 feet to a point;
thence, south 0 degrees 57 minutes 04 seconds west a distance of
19.28 feet to a point; thence, south 81 degrees 49 minutes 19
seconds west a distance of 243.09 feet to a point; thence, north 89
degrees 02 minutes 56 seconds west a distance of 160.00 feet to a
point; thence, south 0 degrees 57 minutes 04 seconds west a
distance of 25.71 feet to a point; thence, north 89 degrees 02
minutes 56 seconds west a distance of 240.00 feet to a point;
thence, north 0 degrees 57 minutes 04 seconds east a distance of
62.71 feet to a point; thence, south 81 degrees 49 minutes 19
seconds west a distance of 335.94 feet to a point, said point located
on the east right-of-way of Tyndall Drive; thence, north 0 degrees
57 minutes 04 seconds east along the east right-of-way of Tyndall
Drive a distance of 196.43 feet to a point; thence, north 1 degree 14
minutes 40 seconds west a distance of 134.09 feet to a point;
thence, north 80 degrees 26 minutes 44 seconds east a distance of
129.71 feet to a point; thence, north 51 degrees 24 minutes 32
seconds east a distance of 119.46 feet to a point; thence, north 77
degrees 25 minutes 07 seconds east a distance of 38.84 feet to a
point; thence, north 56 degrees 13 minutes 51 seconds east a
distance of 109.83 feet to a point; thence, north 15 degrees 39
minutes 51 seconds east a distance of 85.33 feet to a point; thence,
north 27 degrees 19 minutes 21 seconds east a distance of 65.61
feet to a point; thence, north 52 degrees 45 minutes 54 seconds
west a distance of 183.26 feet to a point; thence, north 37 degrees
14 minutes 06 seconds east a distance of 106.33 feet to a point, said
point on the south right-of-way of Windwood Circle; thence, along
the right-of-way, north 52 degrees 45 minutes 54 seconds west a
distance of 105.00 feet to a point; thence, along the intersection
radius (arc of 31.42 feet), south 82 degrees 14 minutes 06 seconds
west a distance of 28.28 feet to a point, said point on the east right-
of-way of Tyndall Drive; thence, north 36 degrees 03 minutes 50
3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
seconds west a distance of 52.20 feet to a point, said point being on
the west right-of-way of Tyndall Drive; thence, north 52 degrees
45 minutes 54 seconds west a distance of 125.00 feet to a point;
thence, running north 34 degrees 37 minutes 06 seconds east a
distance of 517.09 feet to a point; thence, running south 88 degrees
03 minutes 30 seconds west a distance of 2172.60 feet to a point on
the east right-of-way of North Forrest Street; thence, running
south 88 degrees 16 minutes west a distance of 80.0 feet to a point
on the west right-of-way of North Forrest Street; thence, running
south 1 degree 44 minutes east along the west margin of North
Forrest Street a distance of 1155.01 feet to a point where the west
margin of North Forrest Street intersects the centerline of High-
land Heights Drive; thence, running south 1 degree 23 minutes 30
seconds east along the west margin of North Forrest Street a
distance of 548.44 feet to a point; thence, running south 1 degree
14 minutes east along the west right-of-way of Forrest Street a
distance of 631.90 feet to a point, said point being 1520.14 feet
north of the north right-of-way of Northside Drive; thence, north
88 degrees 41 minutes 30 seconds west a distance of 977.69 feet to a
point; thence, north 60 degrees 20 minutes west a distance of 79.26
feet to a point, said point being on the east right-of-way of Melrose
Drive; thence, north 60 degrees 20 minutes west a distance of 60.00
feet to a point, said point being the west right-of-way of Melrose
Drive; thence, north 60 degrees 20 minutes west a distance of
211.65 feet to a point; thence, south 23 degrees 25 minutes west a
distance of 458.80 feet to a point; thence, south 18 degrees 04
minutes 30 seconds west a distance of 130.0 feet to a point; thence,
south 70 degrees 04 minutes east a distance of 58.43 feet to a point;
thence, south 1 degree 17 minutes 30 seconds west a distance of
150.0 feet to a point; thence, south 23 degrees 05 minutes 35
seconds west a distance of 53.85 feet to a point; thence, south 1
degree 17 minutes 30 seconds west a distance of 718.24 feet to a
point; thence, north 87 degrees 56 minutes 07 seconds east a
distance of 25.99 feet to a point; thence, south 10 degrees 22
minutes east a distance of 366.36 feet to a point; thence, south 79
degrees 38 minutes west a distance of 230.0 feet to a point, said
point being on the east right-of-way of Habersham Road; thence,
south 79 degrees 38 minutes west a distance of 50.0 feet to a point,
said point being on the west right-of-way of Habersham Road;
thence, south 79 degrees 38 minutes west a distance of 135.73 feet
to a point; thence, south 85 degrees 21 minutes 8 seconds west a
distance of 219.40 feet to a point; thence, north 74 degrees 51
minutes 0 seconds west a distance of 109.69 feet to a point; thence,
GEORGIA LAWS 1982 SESSION
3959
north 64 degrees 07 minutes 20 seconds west a distance of 227.05
feet to a point; thence, north 71 degrees 44 minutes west a distance
of 1260.85 feet to a point located on the east margin of Bemis
Road; thence, north 18 degrees 41 minutes east along the east
right-of-way of Bemis Road a distance of 553.92 feet to a point,
said point being the intersection of the projection of the north
right-of-way of Connell Road and the east right-of-way of Bemis
Road; thence, perpendicular to the right-of-way of Bemis Road a
distance of 100.00 feet to the west right-of-way of Bemis Road to a
point, said point being the intersection of the projection of the
north right-of-way of Connell Road and the west right-of-way of
Bemis Road; thence, along the north right-of-way north 70 degrees
34 minutes 30 seconds west a distance of 165.29 feet to a point;
thence, northerly along the curving right-of-way of Connell Road
the arc distance of 889.38 feet to a point; thence, north 0 degrees
09 minutes 33 seconds west a distance of 491.10 feet to a point;
thence, south 88 degrees 0 minutes 20 seconds west a distance of
970.07 feet to a point, said point on the east side of a proposed
road; thence, along the proposed road north 2 degrees 11 minutes
18 seconds west a distance of 270.00 feet to a point; thence, south
65 degrees 53 minutes 30 seconds west a distance of 64.68 feet to a
point, said point on the west side of the proposed road; thence,
south 65 degrees 53 minutes 30 seconds west a distance of 593.35
feet to a point; thence, north 2 degrees 10 minutes west 648.35 feet;
thence, south 86 degrees 46 minutes west 2056.55 feet to the east
margin of the right-of-way of North Oak Street Extension; thence,
along the east right-of-way of Oak Street Extension (GA 125
Conn.) north 0 degrees 02 minutes west a distance of 275.0 feet to a
point; thence, north 86 degrees 46 minutes east a distance of
633.60 feet to a point; thence, north 0 degrees 02 minutes west a
distance of 100.0 feet to a point; thence, south 86 degrees 46
minutes west a distance of 633.60 feet to a point, said point being
on the east right-of-way of Oak Street Extension; thence, north 0
degrees 02 minutes west a distance of 301.06 feet to a point;
thence, north 89 degrees 51 minutes east a distance of 348.48 feet
to a point; thence, north 0 degrees 02 minutes west a distance of
125.00 feet to a point; thence, south 89 degrees 51 minutes west a
distance of 348.48 feet to a point, said point being on the east
right-of-way of Oak Street Extension; thence, along the east right-
of-way of Oak Street Extension, north 0 degrees 02 minutes west a
distance of 1953.69 feet to the 58/57 and 36/35 Land Lot Line;
thence, along the east right-of-way of Oak Street Extension, north
0 degrees 02 minutes west a distance of 501.35 feet to a point, said
3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
point being the point of tangent of Oak Street Extension curve
(Radius 1056.3 feet) and Cherry Creek Road; thence, continuing
along the projected right-of-way of Cherry Creek Road north 3
degrees 45 minutes west a distance of 126.57 feet to a point;
thence, north 87 degrees 22 minutes east a distance of 296.76 feet
to a point; thence, north 02 degrees 38 minutes west a distance of
174.51 feet to a point; thence, north 87 degrees 22 minutes east a
distance of 910.00 feet to a point; thence, north 02 degrees 38
minutes west a distance of 919.86 feet to a point, said point being
on the south right-of-way of Oak Street Extension; thence, north 2
degrees 38 minutes west a distance of 70.0 feet to a point on the
north right-of-way of Oak Street Extension; thence, along the
north (and west) right-of-way of Oak Street Extension, south 87
degrees 22 minutes west a distance of 343.76 feet to a point;
thence, along the arc 648.04 feet whose bearing is south 56 degrees
52 minutes west and chord is 617.86 feet to a point; thence, south
26 degrees 22 minutes west a distance of 533.50 feet to a point;
thence, along the arc 177.70 feet whose bearing is south 21 degrees
52 minutes west and whose chord is 176.15 feet to a point, said
point being the intersection of the west right-of-way of Oak Street
Extension and the east right-of-way of Cherry Creek Road;
thence, along the right-of-way of Cherry Creek Road, north 01
degrees 39 minutes west a distance of 586.41 feet to a point where
the south property line of Windsor Park intersects the east right-
of-way of Cherry Creek Road; thence, continuing along said
margin of Cherry Creek Road (North Oak Street Extension),
north 01 degrees 39 minutes west a distance of 1877.09 feet
(Windsor Park) to a point; thence, south 88 degrees 21 minutes
west a distance of 80 feet to a point on the west margin of Cherry
Creek Road; thence, north 88 degrees 05 minutes west a distance
of 340.56 feet to a point; thence, south 86 degrees 14 minutes west
a distance of 100.06 feet to a point; thence, south 75 degrees 34
minutes west a distance of 102.54 feet to a point; thence, north 85
degrees 45 minutes west a distance of 100.53 feet to a point;
thence, south 75 degrees 05 minutes west a distance of 113.01 feet
to a point; thence, south 52 degrees 27 minutes west a distance of
135.75 feet to a point; thence, north 79 degrees 38 minutes west a
distance of 117.57 feet to a point; thence, north 78 degrees 05
minutes west a distance of 20.54 feet to a point; thence, north 01
degrees 39 minutes west a distance of 240.0 feet to a point on the
south right-of-way of Shirley Place; thence, north 01 degrees 39
minutes west a distance of 50.0 feet to a point on the north right-
of-way of Shirley Place; thence, north 01 degrees 39 minutes west
GEORGIA LAWS 1982 SESSION
3961
a distance of 150.00 feet to a point; thence, north 37 degrees 57
minutes 22 seconds east a distance of 94.10 feet to a point; thence,
north 40 degrees 18 minutes 22 seconds west a distance of 48.02
feet to a point; thence, north 01 degrees 39 minutes west a distance
of 200.00 feet to a point; thence, north 03 degrees 43 minutes 18
seconds west a distance of 116.78 feet to a point; thence, north 16
degrees 56 minutes 13 seconds west a distance of 132.33 feet to a
point; thence, north 31 degrees 24 minutes 38 seconds west a
distance of 123.78 feet to a point; thence, north 48 degrees 54
minutes 53 seconds west a distance of 133.40 feet to a point on the
south right-of-way of Lake Laurie Drive; thence, north 35 degrees
55 minutes west a distance of 80.00 feet to a point on the north
right-of-way of Lake Laurie Drive; thence, along said right-of-way
south 54 degrees 05 minutes west a distance of 320.00 feet to a
point; thence, south 35 degrees 55 minutes east a distance of 80.00
feet to a point on the south right-of-way of Lake Laurie Drive;
thence, south 35 degrees 55 minutes east a distance of 201.05 feet
to a point; thence, south 01 degrees 39 minutes east a distance of
371.01 feet to a point; thence, south 42 degrees 14 minutes 22
seconds east a distance of 46.10 feet to a point; thence, south 01
degrees 39 minutes east a distance of 150.00 feet to a point on the
north right-of-way of Shirley Place; thence, south 01 degrees 39
minutes east a distance of 50.00 feet to the south right-of-way of
Shirley Place; thence, south 01 degrees 39 minutes east a distance
of 185.21 feet to a point; thence, north 86 degrees 18 minutes west
a distance of 20.12 feet to a point; thence, north 72 degrees 55
minutes 20 seconds west a distance of 105.59 feet to a point;
thence, north 87 degrees 04 minutes 30 seconds west a distance of
100.32 feet to a point; thence, south 79 degrees 47 minutes 50
seconds west a distance of 165.43 feet to a point; thence, north 82
degrees 03 minutes 20 seconds west a distance of 182.53 feet to a
point; thence, south 0 degrees 57 minutes 34 seconds east a
distance of 1281.39 feet to a point; thence, south 0 degrees 57
minutes 36 seconds east a distance of 1012.99 feet to a point;
thence, north 88 degrees 21 minutes east a distance of 177.50 feet
to a point, said point being the west right-of-way of Sedgefield
Drive; thence, north 49 degrees 41 minutes 24 seconds east a
distance of 64.03 feet to a point, said point being the east right-of-
way of Sedgefield Drive; thence, north 88 degrees 21 minutes east
a distance of 125.0 feet to a point; thence, south 33 degrees 22
minutes 45 seconds east a distance of 151.11 feet to a point;
thence, south 44 degrees 09 minutes 58 seconds east a distance of
96.97 feet to a point; thence, north 82 degrees 16 minutes 39
3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
seconds east a distance of 138.67 feet to a point, said point on the
west right-of-way of Cambridge Drive; thence, south 75 degrees 03
minutes 24 seconds east a distance of 53.64 feet to a point on the
east right-of-way of Cambridge Drive; thence, north 84 degrees 29
minutes 30 seconds east a distance of 151.43 feet to a point;
thence, north 1 degree 39 minutes west a distance of 547.08 feet to
a point; thence, north 89 degrees 05 minutes east 1038.10 feet to a
point on the west margin of Cherry Creek Road (Oak Street
Extension); thence, south 0 degrees 38 minutes east along the west
right-of-way of Cherry Creek Road (Oak Street Extension) a
distance of 1436.75 feet to a point, said point being the inter-
section of the 35/36 and 57/58 Land Lot Line with the right-of-
way; thence, south 0 degrees 38 minutes east along the west right-
of-way of Oak Street Extension a distance of 1319.0 feet to a point;
thence, north 87 degrees 39 minutes 31 seconds west a distance of
627.23 feet to a point; thence, south 7 degrees 30 minutes 12
seconds east a distance of 782.25 feet to a point; thence, south 22
degrees 23 minutes west a distance of 480.68 feet to a point on the
north right-of-way of U. S. Highway 41; thence, along said high-
way south 46 degrees 25 minutes east a distance of 147.72 feet to a
point; thence, continuing along said right-of-way 160.0 feet to a
point; thence, northeast at a right angle with the north right-of-
way of U. S. 41 a distance of 38 feet to a point; thence, north 89
degrees 68 minutes east a distance of 489.0 feet to a point on the
west right-of-way of North Oak Street Extension; thence, along
the west right-of-way of said street 460.0 feet to a point; thence,
south 75 degrees 40 minutes west a distance of 16 feet to a point;
thence, south 0 degrees 0 minutes east a distance of 115 feet to a
point; thence, south 75 degrees 40 minutes west 27.02 feet to the
east margin of the right-of-way of North U. S. Highway 41;
thence, south 58 degrees 35 minutes west 200.0 feet to the west
margin of the right-of-way of North U. S. Highway 41; thence,
north 31 degrees 33 minutes west along the west right-of-way of
U. S. Highway 41 a distance of 32.23 feet to a point; thence, north
34 degrees 10 minutes west along the west right-of-way of U. S.
Highway 41 a distance of 167.97 feet to a point, said point being
the intersection of the west right-of-way of U. S. Highway 41 and
the south right-of-way of Briggs Street; thence, along the south
right-of-way of Brigg3 Street south 59 degrees 58 minutes west a
distance of 545.84 feet to a point; thence, running 137.45 feet along
the arc whose chord distance of 129.02 feet at south 24 degrees 49
minutes west to a point; thence, south 10 degrees 20 minutes east a
distance of 92.10 feet to a point; thence, running 176.71 feet along
GEORGIA LAWS 1982 SESSION
3963
the arc whose chord distance is 174.33 feet at south 26 degrees 45
minutes east to a point; thence, south 43 degrees 10 minutes east a
distance of 226.90 feet to a point; thence, running 187.72 feet along
the arc whose chord distance is 181.96 feet at south 67 degrees 53
minutes east to a point; thence, north 87 degrees 24 minutes east
along the north right-of-way of Smithbriar Drive, a distance of
422.13 feet to a point; thence, north 0 degrees 51 minutes west a
distance of 9.60 feet to a point; thence, north 89 degrees 09
minutes east along the north right-of-way of Smithbriar Drive
80.0 feet to a point, said point being the intersection of the
projected east right-of-way of North Oak Street with the north
right-of-way of Smithbriar Drive; thence, south along the east
margin of North Oak Street a distance of 1371.83 feet plus or
minus to a point; thence, easterly a distance of 426.69 feet, plus or
minus, to a point on the west margin of North Patterson Street;
thence, northerly along the west margin of North Patterson Street
1309.29 feet, plus or minus, to a point at the south intersection of
North Patterson Street and Smithbriar Drive; thence, north 89
degrees 14 minutes east 82.53 feet to the east margin of the right-
of-way of North Patterson Street; thence, south 14 degrees 53
minutes east along the east margin of the right-of-way of North
Patterson Street a distance of 1729.07 feet; thence, south 14
degrees 26 minutes east a distance of 60 feet more or less to a point
where the east right-of-way of North Patterson Street intersects
the south right-of-way of Northside Drive; thence, along the south
right-of-way of Northside Drive, south 75 degrees 43 minutes west
a distance of 182 feet more or less to a point; thence, north 9
degrees 23 minutes 52 seconds west a distance of 60 feet to the
north right-of-way of Northside Drive; thence, north 7 degrees 55
minutes 40 seconds west a distance of 201.24 feet to a point;
thence, south 75 degrees 43 minutes 0 seconds west a distance of
110.18 feet to a point; thence, south 9 degrees 23 minutes 52
seconds east a distance of 200.73 feet to a point, said point being
on the north right-of-way of Northside Drive; thence, south 9
degrees 23 minutes 52 seconds east a distance of 60 feet to the
south right-of-way of Northside Drive; thence, south 75 degrees 43
minutes west along the south right-of-way of Northside Drive to a
point, said point being the west right-of-way of Oak Street; thence,
in a northerly direction 80 feet to a point, said point being the
northwest corner of Eager Road and Oak Street; thence, north 0
degrees 17 minutes 03 seconds west 190.72 feet along the west
margin of Eager Road to a point; thence, south 86 degrees 13
minutes 15 seconds west a distance of 274.47 feet to a point;
3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence, south 0 degrees 15 minutes east a distance of 183.40 feet to
a point, said point being the north margin of Eager Road; thence,
in a southerly direction 80 feet to a point on the south right-of-way
of Eager Road; thence, south 87 degrees 45 minutes west along the
south margin a distance of 25.77 feet to a point, said point being
300 feet west of the west margin of Oak Street; thence, running
894.38 feet southerly parallel with and 300 feet westerly from the
west margin of Oak Street to a point 853.40 feet northerly from the
centerline of Canna Drive (measured perpendicular to Canna
Drive); thence, south 89 degrees 21 minutes 10 seconds west a
distance of 583.68 feet to a point; thence, south 0 degrees 38
minutes 50 seconds east a distance of 666.9 feet to a point, said
point 175 feet north of the centerline of Canna Drive; thence,
running south 89 degrees west 1889.32 feet; thence, running north
2 degrees 02 minutes east 1483 feet to the south margin of Eager
Road; thence, north 87 degrees 28 minutes east along the south
margin of Eager Road a distance of 383.49 feet; thence, north 2
degrees 32 minutes west a distance of 80.0 feet to a point on the
north margin of Eager Road; thence, north 0 degrees 54 minutes
west a distance of 795.00 feet, said point being on the south right-
of-way of Bagatelle Road; thence, along said right-of-way north 87
degrees 28 minutes east a distance of 204.13 feet to a point; thence,
south 3 degrees 10 minutes west a distance of 21.59 feet to a point;
thence, north 86 degrees 47 minutes east a distance of 167.48 feet
to a point; thence, north 0 degrees 48 minutes east a distance of
438.48 feet to a point; thence, south 86 degrees 47 minutes west a
distance of 151.43 feet to a point; thence, north 1 degree 18
minutes east a distance of 100.38 feet to a point; thence, north 0
degrees 44 minutes east a distance of 238.41 feet to a point, said
point being the southeast corner of Blandwood Road and North-
field Road; thence, north 6 degrees 36 minutes west a distance of
50.17 feet to a point, said point being the north right-of-way of
Northfield Road; thence, north 1 degree 57 minutes west a
distance of 174.15 feet to a point; thence, south 87 degrees 49
minutes west a distance of 575.0 feet to a point; thence, south 1
degree 57 minutes east a distance of 162.55 feet to a point being on
the north right-of-way of Northfield Road; thence, south 0 degrees
29 minutes east a distance of 50.0 feet to a point, said point being
on the south right-of-way of Northfield Road; thence, south 87
degrees 31 minutes west a distance of 41.76 feet to a point; thence,
south 0 degrees 54 minutes east a distance of 1566.63 feet to a
point on the north margin of Eager Road; thence, westerly along
the north right-of-way of Eager Road to a point, said point being
GEORGIA LAWS 1982 SESSION
3965
512.87 feet east of the intersection of the east right-of-way of
Country Club Drive and the north right-of-way of Jerry Jones
Drive; thence, north 1 degree 54 minutes west a distance of 533.1
feet to a point; thence, north 7 degrees 57 minutes 34 seconds west
a distance of 498.62 feet to a point; thence, north 6 degrees 16
minutes 56 seconds east a distance of 462.27 feet to a point;
thence, south 85 degrees 17 minutes 33 seconds west a distance of
432.58 feet to a point, said point being on the east right-of-way of
Country Club Drive; thence, along Country Club Drive along the
east right-of-way, north 0 degrees 9 minutes 18 seconds west a
distance of 319.00 feet to a point, said point being the intersection
of the south right-of-way of Smithbriar Drive and the west right-
of-way of Country Club Road; thence, along the east right-of-way
of Country Club Road, north 0 degrees 23 minutes west a distance
of 1,784.32 feet, said point being the intersection of the southeast
mitar of North Valdosta Road (US 41, State Route 7) and the east
right-of-way of Country Club Road; thence, continuing along the
projection of Country Club Road right-of-way north 0 degrees 23
minutes west a distance of 405.0 feet to a point, said point being
the intersection of the northeast mitar of North Valdosta Road
and the east right-of-way of Country Club Road; thence, continu-
ing along the east right-of-way of Country Club Road, north 0
degrees 23 minutes west a distance of 1,671.20 feet to a point, said
point being the intersection of the east right-of-way of Country
Club Road and the north right-of-way of the Old National High-
way (US 41); thence, continuing along the projected east right-of-
way of Country Club Road, a distance of 50.06 feet to a point, said
point being on the north right-of-way of the Old National High-
way; thence, along the north right-of-way of the Old National
Highway, north 86 degrees 53 minutes east a distance of 132 feet
more or less to a point; thence, continuing along the north right-
of-way south 65 degrees 37 minutes east a distance of 1,270 feet
more or less to a point; thence, north 0 degrees 45 minutes west a
distance of 3,533 feet to a point, said point being in the center of
Stillhouse Branch Creek; thence, in a westerly manner along the
meandering centerline of Stillhouse Branch Creek 2,270 feet more
or less to a point where the center of Stillhouse Branch Creek
intersects the 11th and 36th Land Lot Line; thence, along the 11th
and 36th Land Lot Line, north 16 degrees 3 minutes 30 seconds
east a distance of 387.79 feet; thence, continuing along the land lot
line, north 14 degrees 26 minutes 21 seconds east a distance of
1,096 feet to a point, said point being the intersection of the 10th,
11th, 37th and 36th Land Lots; thence, along the 10th and 11th
3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Land Lot Line, north 89 degrees 24 minutes west a distance of
2,512 feet more or less to the center of the Withlacoochee River;
thence, in a southwesterly direction along the meandering center-
line of the Withlacoochee River, 3,280 feet more or less to a point
(or for measurement purposes only, on a bearing of south 39
degrees 6 minutes west a distance of 2,328 feet to a point), said
point being the intersection of the center of the Withlacoochee
River with the east right-of-way of the North Valdosta Road (1-75
Loop and US 41); thence, along the east right-of-way of North
Valdosta Road, south 36 degrees 54 minutes west a distance of
3,141 feet to a point, said point being the intersection of the north
radius of the Old National Highway with the east right-of-way of
the North Valdosta Road; thence, along the north radius a
distance of 360 feet more or less to the tangent point on the Old
National Highway (285 feet east of the east right-of-way of the
North Valdosta Road); thence, along the north right-of-way of the
Old National Highway, south 87 degrees 48 minutes east a
distance of 1,650 feet more or less to a point; thence, continuing
along the north right-of-way, north 86 degrees 53 minutes east a
distance of 1,809.91 feet to a point, said point being the inter-
section of the projected west right-of-way of Country Club Road
and the north right-of-way of the Old National Highway; thence,
along the projected west right-of-way of Country Club Road,
south 0 degrees 23 minutes east a distance of 50.06 feet to a point
where the south right-of-way of the Old National Highway inter-
sects the west right-of-way of Country Club Road; thence, contin-
uing along the west right-of-way of Country Club Road, south 0
degrees 23 minutes east a distance of 1,665.02 feet to a point, said
point being the intersection of the northwest mitar of the North
Valdosta Road (US 41, State Route 7) and the west right-of-way of
Country Club Road; thence, continuing along the projected west
right-of-way of Country Club Road, south 0 degrees 23 minutes
east a distance of 410 feet to a point, said point being the
intersection of the southwest mitar of North Valdosta Road with
the west right-of-way of Country Club Road; thence, continuing
along the west right-of-way south 0 degrees 23 minutes east a
distance of 1,789.32 feet to a point, said point being 5 feet north of
the north right-of-way of Mossway; thence, south 0 degrees 9
minutes 18 seconds east a distance of 5.0 feet to a point, said point
being the intersection of the west right-of-way of Country Club
Road and the north right-of-way of Mossway; thence, along the
north right-of-way of Mossway, south 88 degrees 29 minutes west
a distance of 370.0 feet to a point; thence, continuing along the
GEORGIA LAWS 1982 SESSION
3967
north right-of-way, north 87 degrees 55 minutes 30 seconds west a
chord distance of 399.20 feet to a point; thence, south 1 degree 31
minutes east a distance of 50.0 feet to the south right-of-way of
Mossway; thence, along the south right-of-way, north 89 degrees
31 minutes 05 seconds east a chord distance of 89.72 feet to a
point; thence, south 1 degree 31 minutes west a distance of 252.33
feet to a point; thence, north 85 degrees 06 minutes 02 seconds
west a distance of 150.87 feet to a point; thence, south 74 degrees
55 minutes 11 seconds west a distance of 146.10 feet to a point;
thence, south 81 degrees 09 minutes 23 seconds west a distance of
150.49 feet to the east right-of-way of Pebblewood Drive; thence,
south 81 degrees 09 minutes 23 seconds west a distance of 50.18
feet to the west right-of-way of Pebblewood Drive; thence, south
81 degrees 09 minutes 23 seconds west a distance of 744.36 feet to a
point; thence, south 0 degrees 36 minutes 05 seconds west a
distance of 615.03 feet to the north right-of-way of Pebblewood
Drive; thence, south 87 degrees 01 minutes 17 seconds west along
the north right-of-way of Pebblewood Drive a distance of 194.08
feet to a point; thence, south 2 degrees 58 minutes 43 seconds east
a distance of 50.0 feet to the south right-of-way of Pebblewood
Drive; thence, south 2 degrees 58 minutes 43 seconds east a
distance of 150 feet to a point; thence, south 86 degrees 49 minutes
west a distance of 383.70 feet to a point; thence, south 86 degrees
49 minutes 00 seconds west a distance of 650.00 feet to a point;
thence, south 3 degrees 11 minutes 00 seconds east a distance of
785.00 feet to a point; thence, north 86 degrees 49 minutes 00
seconds east a distance of 440.00 feet to a point on the west right-
of-way of Laura Road; thence, south 3 degrees 11 minutes 00
seconds east along the right-of-way of Laura Road a distance of
50.0 feet; thence, north 86 degrees 49 minutes 00 seconds east a
distance of 210.00 feet to a point; thence, south 3 degrees 11
minutes east a distance of 105 feet to a point; thence, south 7
degrees 56 minutes 49 seconds east a distance of 120.42 feet to a
point; thence, south 0 degrees 27 minutes 00 seconds west a
distance of 100.00 feet to a point; thence, south 19 degrees 38
minutes 20 seconds west a distance of 135.51 feet to a point;
thence, north 85 degrees 40 minutes 00 seconds west a distance of
195.0 feet to a point; thence, south 80 degrees 54 minutes 33
seconds west a distance of 124.50 feet to a point; thence, south 44
degrees 05 minutes 26 seconds west a distance of 102.76 feet to a
point; thence, south 11 degrees 04 minutes 22 seconds west a
distance of 105.40 feet to a point; thence, south 2 degrees 43
minutes 00 seconds east a distance of 109.93 feet to a point;
3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence, south 87 degrees 17 minutes 00 seconds west a distance of
37.01 feet to a point; thence, south 66 degrees 55 minutes west a
distance of 157.25 feet to a point; thence, south 29 degrees 37
minutes west a distance of 164.62 feet to a point; thence, south-
westerly a distance of 15.0 feet to a point; thence, north 59 degrees
54 minutes 08 seconds west a distance of 26.23 feet to a point;
thence, south 11 degrees 00 minutes 42 seconds west a distance of
224.45 feet to a point; thence, south 14 degrees 27 minutes 40
seconds east a distance of 282.83 feet to a point, said point being
an extension of the north right-of-way of Lake Drive; thence,
along said north right-of-way extension north 66 degrees 51 min-
utes 00 seconds east a distance of 143.17 feet; thence, south 23
degrees 09 minutes east a distance of 50.0 feet to a point on the
south right-of-way of Lake Drive; thence, north 67 degrees 03
minutes east along the south right-of-way of Lake Drive a distance
of 53.87 feet to a point; thence, along same said right-of-way north
67 degrees 03 minutes east a distance of 5.41 feet to a point;
thence, south 22 degrees 02 minutes east a distance of 170.82 feet
to the centerline of Two Mile Branch; thence, running westerly
along the meanderings of the center of the run of Two Mile Branch
to its intersection with the center of the run of another certain
branch known as Sugar Creek; thence, running southerly and
along the center of the run of said Sugar Creek to the west margin
of the right-of-way of the Georgia Southern and Florida Railroad;
thence, running north 19 degrees 29 minutes 30 seconds west along
the west margin of said Railroad right-of-way a distance of 430
feet to a point; thence, north 19 degrees 40 minutes 57 seconds
west a distance of 756.10 feet to a point; thence, north 20 degrees
34 minutes 24 seconds west a distance of 197.83 feet to a point;
thence, north 22 degrees 33 minutes 09 seconds west a distance of
18.70 feet to a point; thence, north 22 degrees 33 minutes 09
seconds west a distance of 179.96 feet to a point; thence, north 24
degrees 32 minutes 26 seconds west a distance of 199.04 feet to a
point; thence, north 26 degrees 35 minutes 26 seconds west a
distance of 199.07 feet to a point; thence, north 28 degrees 39
minutes 01 seconds west a distance of 198.28 feet to a point;
thence, north 30 degrees 18 minutes 43 seconds west a distance of
114.47 feet to a point; thence, south 57 degrees 09 minutes 49
seconds west a distance of 280.81 feet to a point; thence, south 32
degrees 38 minutes 55 seconds west a distance of 94.91 feet to a
point; thence, south 43 degrees 31 minutes 57 seconds west a
distance of 45.0 feet to a point; thence, along the 20 foot radius a
distance of 31.41 feet to a point (future east right-of-way of
GEORGIA LAWS 1982 SESSION
3969
Sherwood Drive); thence, north 46 degrees 29 minutes 00 seconds
west a distance of 90.00 feet to a point; thence, along the 20 foot
radius a distance of 31.41 feet to a point; thence, north 43 degrees
31 minutes 57 seconds east a distance of 45.00 feet to a point;
thence, north 34 degrees 11 minutes 48 seconds east a distance of
64.90 feet to a point; thence, north 32 degrees 50 minutes 11
seconds west a distance of 282.34 feet to a point; thence, north 57
degrees 09 minutes 49 seconds east a distance of 320.00 feet to a
point; thence, north 34 degrees 27 minutes 17 seconds west a
distance of 164.09 feet to a point; thence, north 35 degrees 29
minutes 51 seconds west a distance of 200.34 feet to a point;
thence, north 35 degrees 52 minutes 17 seconds west a distance of
44.76 feet to a point which point is the intersection of the south
right-of-way of Gornto Road and the west right-of-way of the
Georgia Southern and Florida Railroad; thence north 35 degrees
52 minutes 17 seconds west a distance of 80.58 feet to a point, said
point being on the north right-of-way of Gornto Road; thence,
north 35 degrees 27 minutes 14 seconds west a distance of 300.00
feet; thence, north 36 degrees 29 minutes 39 seconds west a
distance of 1195.0 feet to a point, said point being the center of the
Withlacoochee River; thence, westward along the meandering
center of the Withlacoochee River an approximate distance of
1170 feet; thence, south 41 degrees 19 minutes 45 seconds east a
distance of 1340.0 feet to a point; thence, south 35 degrees 59
minutes 42 seconds east a distance of 300.00 feet to a point, said
point on the north right-of-way of Gornto Road; thence, along the
north (and west) right-of-way, south 60 degrees 59 minutes 42
seconds west a distance of 226.21 feet to a point; thence, along the
arc a distance of 403.19 feet whose chord is south 29 degrees 37
minutes 47 seconds west a distance of 383.52 feet to a point;
thence, south 1 degree 29 minutes 20 seconds east a distance of
109.3 feet to a point; thence, north 88 degrees 31 minutes west a
distance of 140.0 feet to a point; thence, north 1 degree 29 minutes
east 420.59 feet to a point; thence, north 67 degrees 17 minutes
west 97.82 feet; thence, south 58 degrees 08 minutes west 674.0
feet; thence, south 62 degrees 09 minutes west 278.0 feet; thence,
south 53 degrees 39 minutes west 480.0 feet; thence, south 82
degrees 16 minutes west 125.31 feet; thence, south 9 degrees 39
minutes west 152.07 feet; thence, north 36 degrees 21 minutes west
a distance of 221.80 feet to a point; thence, south 80 degrees 30
minutes west a distance of 329.06 feet to a point; thence, south 53
degrees 39 minutes west a distance of 538.00 feet to a point;
thence, south 36 degrees 23 minutes west a distance of 298.44 feet
3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to a point; thence, south 3 degrees 11 minutes west a distance of
771.20 feet; thence, south 88 degrees 29 minutes 30 seconds east a
distance of 354.67 feet to a point; thence, south 1 degree 14
minutes 37 seconds west a distance of 315 feet to a point; thence,
south 0 degrees 37 minutes 24 seconds east a distance of 71.13 feet
to a point; thence, south 01 degrees 19 minutes 01 seconds west a
distance of 585.70 feet to a point; thence, south 1 degree 02
minutes 18 seconds west a distance of 204.60 feet to a point;
thence, south 1 degree 20 minutes 53 seconds west a distance of
319.81 feet to a point; thence, south 89 degrees 24 minutes 42
seconds east a distance of 321.04 feet to a point; thence, south 89
degrees 40 minutes 22 seconds east a distance of 317.22 feet to a
point; thence, south 89 degrees 13 minutes 57 seconds east a
distance of 200.45 feet to a point; thence, north 88 degrees 35
minutes 16 seconds east a distance of 196.36 feet to a point;
thence, north 42 degrees 15 minutes 23 seconds east a distance of
155.33 feet to a point; thence, north 46 degrees 29 minutes 0
seconds east a distance of 420.00 feet to a point; thence, south 43
degrees 31 minutes 0 seconds east a distance of 129.67 feet to a
point; thence, south 1 degree 29 minutes 0 seconds west a distance
of 31.42 feet to a point, said point being on the north right-of-way
of Gornto Road; thence, running southerly along the west margin
of Gornto Road to the intersection of the west margin of Gornto
Road with the south margin of Spring Hill Drive; thence, along the
south right-of-way of Spring Hill Drive, south 89 degrees 50
minutes 0 seconds west a distance of 209.0 feet to a point; thence,
south 0 degrees 55 minutes 13 seconds west a distance of 209.0 feet
to a point; thence, south 89 degrees 50 minutes 0 seconds west a
distance of 44.36 feet to a point; thence, south 0 degrees 55
minutes 13 seconds west a distance of 209.00 feet to a point, said
point being on the north right-of-way of Baytree Road; thence,
south 88 degrees 22 minutes west along the north right-of-way of
Baytree Road a distance of 164.64 feet to a point; thence, north 0
degrees 20 minutes west a distance of 209 feet to a point; thence,
north 88 degrees 56 minutes east a distance of 103.15 feet to a
point; thence, north 0 degrees 15 minutes west a distance of 209.25
feet to a point on the south right-of-way of Spring Hill Drive;
thence, west along the south right-of-way of Spring Hill Drive,
south 89 degrees 60 minutes west a distance of 310.5 feet; thence,
south 0 degrees 30 minutes west a distance of 209.5 feet to a point;
thence, south 0 degrees 20 minutes east a distance of 209 feet to a
point, said point being on the north right-of-way of Baytree Road;
thence, north 88 degrees 22 minutes east along the right-of-way to
GEORGIA LAWS 1982 SESSION
3971
a point where the projected west right-of-way of Ellis Drive
intersects the north right-of-way of Baytree Road; thence, running
southwesterly across Baytree Road right-of-way and along the
west margin of Ellis Drive a distance of 1073.00 feet to a point;
thence, north 89 degrees 44 minutes west a distance of 203.56 feet;
thence, north 3 degrees 54 minutes east a distance of 57.38 feet;
thence, north 87 degrees 13 minutes west a distance of 243.25 feet
to a point on the east margin of Spring Hill Drive (also known as
Twin Street); thence, south 6 degrees 18 minutes west a distance
of 184.25 feet along the east margin of Spring Hill Drive; thence,
south 61 degrees 24 minutes east a distance of 200.00 feet; thence,
north 81 degrees 51 minutes east a distance of 9.63 feet; thence,
south 2 degrees 47 minutes west a distance of 200.0 feet to a point
located on the north margin of U. S. Highway 94; thence, running
north 61 degrees 24 minutes west along said margin a distance of
approximately 323 feet to a point, said point being located on the
west margin of Twin Street (known as Spring Hill Drive); thence,
north 1 degree 00 minutes west a distance of 171.00 feet to a point;
thence, north 47 degrees 45 minutes west a distance of 111.52 feet
to a point; thence, north 58 degrees 18 minutes west a distance of
130.65 feet to a point; thence, south 36 degrees 40 minutes west a
distance of 175.00 feet to a point on the north margin of State
Road 94; thence, north 61 degrees 24 minutes west along the north
right-of-way of Georgia 94 (St. Augustine Road) to a point; thence,
north 60 degrees 45 minutes west along the north right-of-way of
GA 94 to a point where the north right-of-way of GA 94 intersects
the east right-of-way of 1-75; thence, north 40 degrees 36 minutes
30 seconds west a distance of 236 feet more or less to a point on the
east right-of-way of 1-75; thence, north 18 degrees 55 minutes west
a distance of 442 feet more or less to a point on the east right-of-
way of 1-75; thence, north 35 degrees 38 minutes 30 seconds west a
distance of 570 feet more or less to a point on the east right-of-way
of 1-75; thence, north 18 degrees 51 minutes west a distance of 801
feet more or less to a point on the east right-of-way of 1-75; thence,
south 71 degrees 09 minutes west a distance of 300.00 feet to a
point on the west right-of-way of 1-75; thence, south 30 degrees 08
minutes 07 seconds west a distance of 443.10 feet to a point;
thence, south 1 degree 35 minutes 45 seconds east a distance of
280.03 feet to a point, said point being on the north right-of-way of
Baytree Road Extension; thence, along the north right-of-way of
Baytree Road, north 88 degrees 24 minutes 15 seconds east a
distance of 400.00 feet to a point on the west right-of-way of 1-75;
thence, south 8 degrees 51 minutes east a distance of 373.18 feet to
3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a point on the west right-of-way of 1-75; thence, south 56 degrees
54 minutes east a distance of 58 feet more or less to a point where
the west right-of-way of 1-75 intersects the north right-of-way of
GA 94; thence, south 35 degrees 24 minutes west a distance of 85
feet to a point on the south right-of-way of GA 94 and the west
right-of-way of 1-75; thence, south 40 degrees 36 minutes east a
distance of 240 feet more or less to a point on the west right-of-way
of 1-75; thence, south 19 degrees 03 minutes east a distance of 431
feet more or less along the right-of-way of 1-75 to a point; thence,
south 35 degrees 14 minutes 30 seconds east a distance of 496 feet
more or less along the right-of-way of 1-75 to a point; thence, south
18 degrees 51 minutes east a distance of 765 feet more or less along
the west right-of-way of 1-75 to a point; thence, south 18 degrees
39 minutes east a distance of 111 feet more or less along the west
right-of-way of 1-75 to a point; thence, north 71 degrees 21 minutes
east a distance of 300.00 feet to the east right-of-way of 1-75;
thence, north 21 degrees 56 minutes east a distance of 644.04 feet;
thence, south 61 degrees 24 minutes east a distance of 245 feet;
thence, north 28 degrees 36 minutes east a distance of 200.0 feet to
a point on the south margin of U.S. Highway No. 94; thence,
running eastwardly along said margin a distance of 200.0 feet to a
point; thence, south 28 degrees 36 minutes west a distance of 200.0
feet; thence, south 61 degrees 11 minutes east a distance of 200.0
feet to a point on the west margin of proposed Ellis Drive; thence,
south 61 degrees 11 minutes east a distance of 60 feet to a point on
the east margin of proposed Ellis Drive; thence, south 61 degrees
11 minutes east a distance of 125.0 feet to a point; thence, north 28
degrees 36 minutes east a distance of 200 feet to a point located on
the south margin of U.S. Highway 94; thence, proceeding south 61
degrees 24 minutes east along the south margin of U.S. Highway
94 a distance of 489.70 feet; thence, south 28 degrees 06 minutes
west a distance of 838.20 feet; thence, south 61 degrees 24 minutes
east a distance of 210.0 feet; thence, north 28 degrees 06 minutes
east a distance of 838.20 feet to a point on the south margin of U.S.
Highway 94; thence, continuing along the south right-of-way of St.
Augustine Road (SR 94), south 63 degrees 51 minutes 57 seconds
east a distance of 220 feet, more or less, to a point, said point
located at the southeast corner of Valhalla Drive and St. August-
ine Road; thence, south 63 degrees 51 minutes 57 seconds east a
distance of 547.36 feet to a point; thence, south 63 degrees 54
minutes east a distance of 307.25 feet to a point, said point being
the intersection of the west right-of-way of Norman Drive and the
south right-of-way of St. Augustine Road; thence, south 63
GEORGIA LAWS 1982 SESSION
3973
degrees 54 minutes east a distance of 100.00 feet to a point, said
point being the intersection of the east right-of-way of Norman
Drive and the south right-of-way of St. Augustine Road; thence,
south 63 degrees 54 minutes east a distance of 678.65 feet to a
point; thence, south 59 degrees 15 minutes east a distance of 95.12
feet to a point; thence, north 30 degrees 45 minutes east a distance
of 80.00 feet to a point on the north side of St. Augustine Road;
thence, north 25 degrees 07 minutes east a distance of 1420.30 feet
to a point; thence, south 65 degrees 17 minutes east a distance of
1018.97 feet to a point; thence, north 22 degrees 52 minutes 30
seconds east a distance of 524.33 feet to a point, said point in the
center of the run of Sugar Creek; thence, along the run of Sugar
Creek, north 2 degrees 23 minutes west a distance of 128.48 feet to
a point; thence, north 78 degrees 33 minutes 10 seconds west a
distance of 1187.42 feet to a point; thence, north 21 degrees 01
minute 30 seconds west a distance of 890.34 feet to a point; thence,
north 16 degrees 06 minutes 20 seconds west a distance of 319.23
feet to a point, said point being on the south right-of-way of
Baytree Road; thence, along the south right-of-way of Baytree
Road, north 88 degrees 22 minutes east a distance of 3096.81 feet
to a point, said point being the center of the run of Sugar Creek;
thence, continuing along the south right-of-way of Baytree Road,
north 88 degrees 22 minutes east a distance of 299.95 feet to a
point, said point being the intersection of the Baytree Road right-
of-way with the west right-of-way of Georgia Southern and
Florida Railroad right-of-way; thence, continuing eastwardly
along the south margin of Baytree Road to its intersection with
the west margin of Melody Lane; thence, running southerly along
the west margin of Melody Lane to a point, said point being the
center of the run of One Mile Branch; thence, running westerly
along the meanderings of the center of the run of said One Mile
Branch to the west margin of Gordon Street; thence, running
north 33 degrees 37 minutes west along the west margin of Gordon
Street a distance of 469 feet; thence, running south 40 degrees west
216 feet to the east margin of the right-of-way of the Georgia
Southern and Florida Railroad; thence, running north along said
east margin of said railroad right-of-way a distance of 765 feet;
thence, running south 40 degrees west to the center of the run of
Sugar Creek; thence, running southerly and easterly along the
meanderings of the center of the run of Sugar Creek to its
intersection with One Mile Branch; thence, south 58 degrees 29
minutes east a distance of 141.3 feet along Sugar Creek to a point;
thence, south 47 degrees 18 minutes east a distance of 100.35 feet
3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along Sugar Creek to a point; thence, south 51 degrees 48 minutes
east a distance of 91.30 feet along Sugar Creek to a point; thence,
south 47 degrees 22 minutes east a distance of 90.33 feet along
Sugar Creek to a point; thence, south 50 degrees 12 minutes east a
distance of 90.82 feet along Sugar Creek to a point; thence, south
48 degrees 28 minutes east a distance of 90.13 feet along Sugar
Creek to a point; thence, south 44 degrees 41 minutes east a
distance of 90.07 feet along Sugar Creek to a point; thence, south
49 degrees 38 minutes east a distance of 88.13 feet along Sugar
Creek to a point, said point also being on the north right-of-way of
Lankford Drive; thence, along the north right-of-way of Lankford
Drive, north 48 degrees 25 minutes east a distance of 146.43 feet;
thence, north 41 degrees 35 minutes west a distance of 144.03 feet
along the east margin of Lankford Circle (private road) to a point;
thence, north 9 degrees 35 minutes west a distance of 258.05 feet to
a point on the west right-of-way of the Georgia Southern and
Florida Railroad; thence, southeasterly along the west margin of
said railroad to a point, said point being the intersection of the
center of the run of a small creek with the west margin of right-of-
way of Georgia Southern and Florida Railroad; thence, south 86
degrees 28 minutes 30 seconds west a distance of 114.00 feet along
a small creek; thence, north 70 degrees 51 minutes west a distance
of 116.40 feet along said creek; thence, south 79 degrees 37
minutes west a distance of 120.68 feet along said creek; thence,
south 60 degrees 25 minutes west a distance of 148.06 feet along
said creek; thence, south 41 degrees 49 minutes east a distance of
207.08 feet along said creek; thence, south 38 degrees 44 minutes
east a distance of 101.69 feet along said creek; thence, south 22
degrees 26 minutes 30 seconds west a distance of 70.32 feet along
said creek; thence, south 06 degrees 44 minutes east a distance of
61.62 feet along said creek; thence, south 20 degrees 42 minutes
east a distance of 61.08 feet along said creek; thence, south 20
degrees 24 minutes east a distance of 61.03 feet along said creek;
thence, south 01 degrees 39 minutes east a distance of 31.01 feet
along said creek; thence, south 18 degrees 10 minutes west a
distance of 79.62 feet along said creek; thence, south 02 degrees 49
minutes 49 seconds east a distance of 43.56 feet along said creek;
thence, south 22 degrees 41 minutes west a distance of 62.53 feet
along said creek; thence, south 24 degrees 58 minutes east a
distance of 63.59 feet along said creek; thence, south 12 degrees 41
minutes east a distance of 69.19 feet along said creek; thence,
south 07 degrees 17 minutes east a distance of 63.95 feet along said
creek; thence, south 12 degrees 00 minutes east a distance of 38.63
GEORGIA LAWS 1982 SESSION
3975
feet along said creek; thence, south 22 degrees 45 minutes east a
distance of 96.13 feet along said creek; thence, south 02 degrees 58
minutes 33 seconds east a distance of 60.01 feet along said creek to
the south right-of-way of Magnolia Street; thence, south 01 degree
02 minutes 23 seconds east a distance of 145.43 feet to a point;
thence, south 13 degrees 36 minutes 20 seconds west along the
center run of said creek a distance of 405.93 feet to a point; thence,
south 23 degrees 44 minutes 40 seconds east along the center run
of said creek a distance of 48.79 feet to a point; thence, north 77
degrees 17 minutes 07 seconds east a distance of 323.04 feet to a
point; thence, south 21 degrees 54 minutes east a distance of
631.95 feet to a point; thence, north 46 degrees 36 minutes east a
distance of 21.50 feet to a point; thence, south 21 degrees 54
minutes east a distance of 203.24 feet to a point which is on the
northern margin of River Street Road; thence, westerly along the
north margin of River Street a distance of 801.0 feet to a point;
thence, north 1 degree 3 minutes west a distance of 185.12 feet to a
point; thence, south 83 degrees 6 minutes west a distance of 150
feet to a point, said point being on the east margin of Blitch Street;
thence, along said margin south 1 degree 03 minutes east a
distance of 25.07 feet to a point; thence, south 84 degrees 08
minutes west across Blitch Street to the west right-of-way a
distance of 39.0 feet to a point; thence, south 84 degrees 08
minutes west a distance of 198.32 feet to a point; thence, south 3
degrees 02 minutes 44 seconds east a distance of 52.50 feet to a
point; thence, north 84 degrees 49 minutes 30 seconds east a
distance of 196.30 feet to a point, said point being located on the
west right-of-way of Blitch Street; thence, along the west right-of-
way south 1 degree 03 minutes east 109.0 feet to a point, said point
being on the north right-of-way of River Street; thence, along said
right-of-way north 83 degrees 06 minutes east a distance of 39.20
feet to a point, said point being the east right-of-way of Blitch
Street; thence, south 1 degree 03 minutes east a distance of 60 feet
to a point on the south margin of River Street; thence, north 85
degrees 57 minutes 16 seconds east along the south right-of-way of
River Street a distance of 663 feet more or less to a point, said
point being the intersection of the west property line of Barbers
Pool with River Street; thence, south 4 degrees 02 minutes 44
seconds east a distance of 360 feet to a point; thence, south 9
degrees 9 minutes 55 seconds east a distance of 637 feet to a point;
thence, southwesterly to a point on the north margin of the old
VM&W Railroad right-of-way 960 feet easterly from the east
margin of Stanley Street (measured along the north margin of said
3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
railroad right-of-way); thence, south 82 degrees west along the
north right-of-way of the VM&W Railroad, 960 feet to a point,
said point being on the east right-of-way of St. Augustine Road
(North Stanley Street); thence, north along the curving east right-
of-way of St. Augustine Road an arc distance of 101.02 feet to a
point; thence, north 34 degrees 14 minutes west a distance of
935.09 feet to a point; thence, north along the curving east right-
of-way of St. Augustine Road an arc distance of 236.33 feet to a
point; thence, north 66 degrees 21 minutes 30 seconds east a
distance of 312.75 feet to a point; thence, north 2 degrees 17
minutes west a distance of 179.17 feet to a point; thence, north 89
degrees 44 minutes 57 seconds west a distance of 79.96 feet to a
point; thence, north 2 degrees 08 minutes 30 seconds east a
distance of 200.00 feet to a point on the south right-of-way of
River Street Extension; thence, north 01 degrees 30 minutes 30
seconds west a distance of 60.0 feet to a point on the north margin
of River Street; thence, south 88 degrees 29 minutes 30 seconds
west along the said north margin a distance of 369.18 feet to a
point, said point being the northeast corner of River Street and St.
Augustine Road; thence, northwesterly along east margin of St.
Augustine Road a distance of 315 feet more or less to a point;
thence, south 82 degrees 35 minutes west a distance of 80 feet
more or less to a point on the west margin of St. Augustine Road;
thence, south 82 degrees 35 minutes west a distance of 300 feet to a
point; thence, north 30 degrees 06 minutes 09 seconds west a
distance of 200 feet to a point; thence, north 86 degrees 01 minutes
03 seconds west a distance of 12 feet to a point; thence, south 7
degrees 05 minutes west a distance of 500 feet to a point on the
north margin of River Street Extension; thence, south 7 degrees 05
minutes west a distance of 80 feet to a point on the south margin of
River Street Extension; thence, north 82 degrees 55 minutes east
along the south margin a distance of 356.0 feet to a point; thence,
south 0 degrees 19 minutes east a distance of 428 feet to a point;
thence, north 67 degrees 21 minutes east a distance of 302.6 feet to
a point, said point being the west right-of-way of St. Augustine
Road; thence, along the curving right-of-way whose bearing and
chord length is south 27 degrees 44 minutes east 439.20 feet (arc
440.14 feet) to a point; thence, south 34 degrees 14 minutes east a
distance of 935.9 feet to a point; thence, along the curving west
right-of-way of St. Augustine Road a distance of 98.14 feet to a
point; thence, along the curving right-of-way in a southerly direc-
tion to the north right-of-way of Collins Drive; thence, along the
curving right-of-way in a southerly direction to where it intersects
GEORGIA LAWS 1982 SESSION
3977
the south right-of-way of Maude Street; thence, along said right-
of-way of Maude Street, south 13 degrees 39 minutes east a
distance of 139.91 feet to an iron pin; thence, south 12 degrees 03
minutes east a distance of 150 feet, more or less, to a point; thence,
running north 77 degrees 57 minutes east a distance of 276.56 feet
to an iron pin on the west right-of-way of St. Augustine Road;
thence, south 48 degrees 52 minutes east along the west right-of-
way of St. Augustine Road (North Stanley Street) a distance of
148 feet to the beginning of the curving (27 foot radius) tangent
between the west right-of-way of St. Augustine Road and the
north right-of-way or West Hill Avenue (SR 38); thence, along the
curving north right-of-way of West Hill Avenue a distance of 1150
feet to the intersection of the east right-of-way of Chaney Street;
thence, south 58 degrees 13 minutes west a distance of 40 feet to
the intersection of the west right-of-way of Chaney Street and
north right-of-way of West Hill Avenue; thence, north 16 degrees
40 minutes 46 seconds west along the west right-of-way of Chaney
Street a distance of 34.0 feet to a point; thence, north 60 degrees 03
minutes 36 seconds east along the jog of Chaney Street a distance
of 10.0 feet to a point; thence, north 16 degrees 40 minutes 46
seconds west along the west right-of-way of Chaney Street a
distance of 159.74 feet to a point; thence, south 74 degrees 49
minutes 48 seconds west a distance of 119.56 feet to a point;
thence, south 17 degrees 37 minutes 22 seconds east a distance of
224.21 feet to a point on the north right-of-way of West Hill
Avenue; thence, south 58 degrees 13 minutes west along the north
right-of-way a distance of 108.0 feet to the east right-of-way of
Hazelton Street; thence, south 58 degrees 13 minutes west a
distance of 40.0 feet to the west right-of-way of Hazelton Street;
thence, along the north right-of-way of West Hill Avenue, south 58
degrees 13 minutes west a distance of 105.5 feet to a point; thence,
north 34 degrees 32 minutes west a distance of 967.3 feet to a
point; thence, south 82 degrees 42 minutes west a distance of 200.2
feet to a point; thence, south 32 degrees 31 minutes east a distance
of 1049.15 feet to a point on the north right-of-way of West Hill
Avenue; thence, running along the north right-of-way of West Hill
Avenue (US 84) south 58 degrees 11 minutes west a distance of 745
feet more or less; thence, north 31 degrees 49 minutes west a
distance of 300.0 feet to a point; thence, north 58 degrees 11
minutes east a distance of 211.98 feet to a point; thence, north 31
degrees 33 minutes west a distance of 846.84 feet to a point;
thence, south 82 degrees 43 minutes west a distance of 410.23 feet
to a point; thence, south 31 degrees 33 minutes east a distance of
3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
736.25 feet to a point; thence, south 58 degrees 11 minutes west a
distance of 439.39 feet to a point, said point is located on the east
margin of Mathis Acres Drive; thence, along said margin north 31
degrees 48 minutes west a distance of 49.0 feet to a point; thence,
south 58 degrees 11 minutes west a distance of 660.0 feet; thence,
north 32 degrees 48 minutes west a distance of 514.50 feet; thence,
north 32 degrees 45 minutes 36 seconds west a distance of 754.96
feet to a point; thence, south 88 degrees 13 minutes west a distance
of 414.51 feet to a point, said point being on the east right-of-way
of 1-75; thence, along said right-of-way south 28 degrees 02 min-
utes east a distance of 597.97 feet to a point; thence, north 24
degrees 41 minutes west along the east right-of-way of 1-75, 1070
feet more or less to a point; thence, south 65 degrees 19 minutes
west a distance of 300.0 feet to the west right-of-way of 1-75;
thence, north 88 degrees 10 minutes west a distance of 316.00 feet
to a point on the east right-of-way of Briarwood Drive; thence,
south 29 degrees 58 minutes east along the east right-of-way of
Briarwood Drive a distance of 519.20 feet to a point; thence, south
28 degrees 28 minutes east along the east right-of-way of Bri-
arwood Drive a distance of 424.00 feet to a point; thence, north 65
degrees 19 minutes east a distance of 205.00 feet to a point on the
west right-of-way of 1-75; thence, south 18 degrees 40 minutes east
along the west right-of-way of 1-75 a distance of 386.25 feet to a
point where the 16/17th Land Lot Line intersects the west right-
of-way of 1-75; thence, south 3 degrees 55 minutes east a distance
of 735 feet more or less along the west right-of-way of 1-75 to a
point; thence, south 86 degrees 05 minutes west a distance of 80.0
feet to a point on the west margin of the right-of-way of Briarwood
Drive, said point being the intersection of the west margin of said
right-of-way and the east boundary of the Standard Oil Company;
thence, running south 58 degrees 54 minutes west approximately
232.0 feet to the west boundary of Standard Oil Company; thence,
running south 26 degrees 11 minutes east along the west boundary
of said property approximately 578.0 feet to the north right-of-
way of U.S. Highway 84; thence, south 58 degrees west along the
north right-of-way of U.S. Highway 84 a distance of 99.61 feet to a
point; thence, north 27 degrees west a distance of 1122.00 feet to a
point; thence, south 57 degrees 30 minutes west a distance of
226.50 feet to a point; thence, south 27 degrees east a distance of
1132.0 feet to a point on the north right-of-way of U.S. Highway
84; thence, running perpendicular to the right-of-way of U.S.
Highway 84, a distance of 140.00 feet to a point on the south right-
of-way of U. S. Highway 84; thence, north 58 degrees east along
GEORGIA LAWS 1982 SESSION
3979
the south right-of-way of U. S. Highway 84 a distance of 29.10 feet
to a point; thence, south 27 degrees 57 minutes east a distance of
295.0 feet to a point; thence, north 59 degrees 02 minutes east a
distance of 325.0 feet to a point; thence, south 27 degrees 55
minutes east a distance of approximately 532 feet to a point on the
north margin of the right-of-way of SCL Railroad; thence, running
north 63 degrees 53 minutes east approximately 4854.0 feet to the
east boundary of the property of SCL Railroad; thence, north 16
degrees 56 minutes west 863.3 feet; thence, north 14 degrees 16
minutes west 170.5 feet to the south margin of the right-of-way of
West Hill Avenue (U. S. Highway 84); thence, running easterly
along the south margin of said right-of-way a distance of 67.0 feet
to the west margin of the right-of-way of South Stanley Street;
thence, running south along the west margin of South Stanley
Street to the Southern margin of Dukes Bay Drainage Canal;
thence, running easterly along the south margin of Dukes Bay
Drainage Canal to the east margin of Myddleton Avenue; thence,
running southeasterly in a straight line to a point on the west
margin of the right-of-way of Valdosta Southern Railroad main
line which point is located twelve hundred thirty-seven and six
tenths (1237.6) feet northerly from the centerline of the Old
Clyattville Road measured along the west margin of the last
mentioned railroad right-of-way; thence, running southeasterly in
a straight line to a point on the centerline of Old Clyattville Road
367 feet westerly from the centerline of the Georgia Southern and
Florida Railroad, Palatka Division; thence, running southeasterly
parallel with the last mentioned railroad to the centerline of a
certain railroad side track located in the yards of the Langdale
Company (which side track intersects the southern margin of the
Georgia Southern and Florida Railroad right-of-way at a point
approximately 980 feet from the west margin of the right-of-way
of Georgia State Highway No. 31, measured along the south
margin of said Georgia Southern and Florida Railroad right-of-
way); thence, running southerly along the centerline of said rail-
road side track to its intersection with the east margin of the right-
of-way of the Valdosta Southern Railroad; thence, running south-
erly along the east margin of said last mentioned right-of-way to
the original south line of Land Lot No. 63 in the 11th Land
District of Lowndes County, Georgia; thence, running easterly
along said south line of said Lot No. 63 a distance of 276.5 feet;
thence, running north 1 degree west a distance of 316.1 feet;
thence, running north 89 degrees east to the west margin of the
right-of-way of Madison Highway (Georgia State Highway No.
3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
31); thence, running southerly along the west margin of said
Madison Highway a distance of 1281 feet to a point; thence, south
88 degrees 07 minutes west a distance of 217.87 feet; thence, north
11 degrees 14 minutes west a distance of 100.00 feet; thence, south
88 degrees 07 minutes west a distance of 7.2 feet; thence, north 11
degrees 14 minutes west a distance of 226.11 feet; thence, south 88
degrees 12 minutes 56 seconds west a distance of 1238.75 feet to a
point located on the east margin of the Valdosta Southern Rail-
road right-of-way; thence, continuing south 88 degrees 12 minutes
56 seconds west a distance of 154.09 feet to the west margin of said
right-of-way; thence, northerly along the west margin of said
right-of-way to a point located on the north land line of Land Lot
No. 64 approximately 645 feet from last mentioned point; thence,
south 88 degrees 12 minutes 19 seconds west a distance of 3560.54
feet to a point; thence, south 0 degrees 08 minutes east a distance
of 486.55 feet; thence, south 1 degree 14 minutes east a distance of
487.68 feet; thence, south 83 degrees 18 minutes west a distance of
52.60 feet; thence, south 1 degree 22 minutes east a distance of
539.65 feet to a point located on the east margin of the Valdosta-
Clyattville Road; thence, south 32 degrees 19 minutes 53 seconds
east a distance of 791.99 feet along the east margin of said road to a
point; thence, south 86 degrees 51 minutes west 91.48 feet to a
point located on the west margin of the Valdosta-Clyattville Road;
thence, south 61 degrees 51 minutes 07 seconds west a distance of
366.60 feet to a point located on the west line of Land Lot No. 64;
thence, running south 2 degrees 09 minutes 09 seconds east a
distance of 2730.03 feet along said Land Lot Line to a point
located in the center of the run of Mud Swamp Creek; thence,
south 89 degrees 40 minutes 08 seconds east along the mean-
derings of Mud Swamp Creek a distance of 215.48 feet to a point;
thence, north 57 degrees 49 minutes 53 seconds east a distance of
400.25 feet to a point; thence, north 68 degrees 38 minutes 37
seconds east a distance of 410.22 feet to a point; thence, north 61
degrees 32 minutes 25 seconds east a distance of 402.00 feet to a
point; thence, north 81 degrees 17 minutes 41 seconds east a
distance of 383.42 feet to a point located on the west margin of the
Valdosta-Clyattville Road; thence, north 57 degrees 40 minutes
east a distance of 80.00 feet to a point located on the east margin of
the last mentioned road; thence, north 85 degrees 27 minutes 40
seconds east a distance of 448.51 feet to a point; thence, north 80
degrees 04 minutes 52 seconds east a distance of 391.67 feet to a
point located on the west margin of the Valdosta Southern Rail-
road right-of-way; thence, south 78 degrees 33 minutes east a
GEORGIA LAWS 1982 SESSION
3981
distance of 150.00 feet to the east margin of said railroad right-of-
way; thence, north 69 degrees 57 minutes 35 seconds east a
distance of 482.41 feet to a point; thence, north 84 degrees 18
minutes east a distance of 409.78 feet to a point; thence, north 78
degrees 53 minutes east a distance of 201.56 feet to a point; thence,
north 41 degrees 52 minutes east a distance of 194.67 feet to a
point; thence, north 74 degrees 25 minutes 20 seconds east a
distance of 30.63 feet to a point; thence, south 14 degrees 38
minutes 03 seconds west a distance of 651.87 feet to a point, said
point being on the south right-of-way of Airport Road; thence,
continuing along the south right-of-way west an arc distance of
471.30 feet (south 74 degrees 46 minutes 53 seconds west a chord
distance of 470.05 feet) to a point; thence, south 14 degrees 17
minutes 21 seconds west a distance of 842.59 feet to a point;
thence, south 75 degrees 42 minutes 39 seconds east a distance of
409.08 feet to a point; thence, south 14 degrees 30 minutes 27
seconds west a distance of 560.94 feet to a point; thence, south 02
degrees 07 minutes 48 seconds east a distance of 1100.54 feet to a
point; thence, south 87 degrees 52 minutes 05 seconds west a
distance of 827.84 feet to a point; thence, north 28 degrees 51
minutes 10 seconds west a distance of 688.66 feet to a point located
on the east margin of the Valdosta Southern Railroad; thence,
south 11 degrees 58 minutes 32 seconds west a distance of 4232.59
feet along the east margin of the Valdosta Southern Railroad to a
point; thence, north 23 degrees 44 minutes 05 seconds west a
distance of 263.92 feet to a point; thence, south 42 degrees 46
minutes west a distance of 2281.22 feet to a point; thence, south 40
degrees 24 minutes east a distance of 595.54 feet to a point; thence,
north 41 degrees 56 minutes 32 seconds east a distance of 864.39
feet along the north right-of-way line of the Valdosta Southern
Railroad to a point, being the point of tangent of the curve, then
following the right-of-way line through a 2 degree 53 minutes
curve a distance of 1039.28 feet to a point, being the point of a
curve; thence, north 11 degrees 58 minutes 32 seconds east along
the north right-of-way line of the Valdosta Southern Railroad a
distance of 581.08 feet to a point; thence, south 23 degrees 44
minutes 05 seconds east a distance of 263.92 feet to a point;
thence, south 11 degrees 58 minutes 32 seconds west a distance of
366.30 feet to a point of curve on the south right-of-way line of the
Valdosta Southern Railroad; thence, following the right-of-way
line a distance of 1116.78 feet through a 2 degree 41 minute curve
to the point of tangent; thence, south 41 degrees 56 minutes 32
seconds west a distance of 884.58 feet along the south right-of-way
3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
line of the Valdosta Southern Railroad to a point; thence, south 40
degrees 24 minutes east a distance of 654.26 feet to a point; thence,
south 55 degrees 46 minutes east a distance of 431.72 feet to a
point; thence, north 25 degrees 42 minutes east a distance of
3076.88 feet to a point; thence, north 89 degrees 12 minutes east a
distance of 1863.76 feet to a point; thence, south 10 degrees 46
minutes east a distance of 3614.89 feet to a point; thence, north 79
degrees 15 minutes 25 seconds east a distance of 75.0 feet to a
point; thence, south 10 degrees 46 minutes east a distance of
1599.97 feet to a point; thence, north 79 degrees 14 minutes east a
distance of 725.0 feet to a point; thence, south 10 degrees 46
minutes east a distance of 549.75 feet to a point; thence, north 86
degrees 47 minutes east a distance of 302.62 feet to a point; thence,
north 10 degrees 46 minutes west a distance of 589.51 feet to a
point; thence, north 79 degrees 14 minutes east a distance of
521.62 feet to a point, said point being on the west right-of-way of
Madison Highway (GA 31); thence, along said right-of-way north
10 degrees 35 minutes 46 seconds east a distance of 198.75 feet to a
point; thence, north 86 degrees 38 minutes 59 seconds west a
distance of 121.0 feet to a point; thence, north 1 degree 19 minutes
59 seconds west a distance of 1403.63 feet along the east Land Lot
Line, No. 73 to a point; thence, north 1 degree 29 minutes 38
seconds west a distance of 323.10 feet to a point; thence, north 1
degree 17 minutes 46 seconds west a distance of 1018.8 feet to a
point on the west margin of Madison Highway; thence, north 79
degrees 17 minutes 28 seconds east a distance of 100.00 feet to a
point on the east margin of Madison Highway; thence, along the
east margin of the Madison Highway North 10 degrees 42 minutes
32 seconds west a distance of 8837.78 feet to a point, said point
being the center of Mud Creek; thence, along the east margin of
Madison Highway north 11 degrees 14 minutes west a distance of
2115.44 feet to a point; thence, north 78 degrees 30 minutes east a
distance of 150.0 feet to a point said point being on the west
margin of a 20 alley; thence, along said alley margin north 11
degrees 30 minutes west a distance of 85 feet to a point; thence,
south 78 degrees 30 minutes west a distance of 150.0 feet to a
point, said point being on the east margin of the Madison High-
way; thence, along said margin north 11 degrees 30 minutes west a
distance of 205.0 feet to a point, said point being the intersection
of the north right-of-way of Lineberger Drive and the east margin
of Madison Highway; thence, along the east margin of Madison
Highway north 11 degrees 30 minutes west a distance of 130 feet to
a point; thence, north 69 degrees 02 minutes 04 seconds east a
GEORGIA LAWS 1982 SESSION
3983
distance of 501.30 feet to a point; thence, south 11 degrees 33
minutes 43 seconds east a distance of 243.39 feet to a point, said
point being on the north margin of Lineberger Drive; thence, along
said margin south 88 degrees 22 minutes east a distance of 9.61
feet to a point; thence, south 84 degrees 08 minutes 47 seconds east
a distance of 163.46 feet to a point; thence, north 78 degrees 30
minutes east a distance of 179.80 feet to a point; thence, south 11
degrees 30 minutes 14 seconds east a distance of 753.72 feet to a
point; thence, north 78 degrees 29 minutes 46 seconds east a
distance of 1131.99 feet to a point; thence, north 12 degrees 29
minutes 14 seconds west a distance of 1305.23 feet to a point;
thence, north 12 degrees 17 minutes west a distance of 657.23 feet
to a point, said point being on the south right-of-way of Industrial
Blvd.; thence, north 29 degrees 17 minutes west a distance of
100.01 feet to the north right-of-way of Industrial Blvd; thence,
along the north right-of-way north 64 degrees 06 minutes 48
seconds east a distance of 1128.49 feet to a point, said point being
the intersection of the north right-of-way of Industrial Blvd. and
the west right-of-way of the Georgia Southern and Florida Rail-
road; thence, along the west right-of-way of the Georgia Southern
and Florida Railroad, north 32 degrees 49 minutes west a distance
of 173.77 feet to a point; thence, south 69 degrees 42 minutes west
a distance of 463.00 feet to a point; thence, north 32 degrees 11
minutes west a distance of 918.54 feet to a point; thence, south 57
degrees 41 minutes west a distance of 653.08 feet to a point;
thence, north 38 degrees 51 minutes west a distance of 405.73 feet
to a point, said point being on the south right-of-way of Tucker
Road; thence, along the south right-of-way of Tucker Road to the
east margin of the right-of-way of the Georgia Southern and
Florida Railroad, Palatka Division; thence, running southeasterly
along the east margin of said last mentioned right-of-way to the
southern most corner of the State Farmers Market property in
said county; thence, running north 40 degrees 32 minutes east
seven hundred forty-seven (747) feet; thence, running southeast-
erly parallel with the west margin of the right-of-way of U. S.
Highway No. 41 (South Patterson Street) a distance of three
hundred (300) feet; thence, running north 40 degrees 32 minutes
east to the east margin of the last mentioned highway right-of-
way; thence, running northerly along the east margin of said
Highway 41 right-of-way to a point; thence, running northerly
along the east margin of said Highway 41 right-of-way to a point;
thence, north 45 degrees 00 minutes east 171.30 feet to a point;
thence, north 49 degrees 21 minutes east a distance of 120.20 feet
3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to a point, said point being on the south right-of-way of Conoley
Avenue; thence, along said right-of-way north 89 degrees 03
minutes 55 seconds west a distance of 433.70 feet to a point, said
point being the intersection of south right-of-way of Conoley
Avenue with the east right-of-way of U. S. Highway 41; thence,
running northerly along the east margin of said U. S. Highway
right-of-way to the east margin of South Lee Street; thence,
running northerly along the east margin of South Lee Street to the
south margin of the right-of-way of Georgia State Highway No. 94;
thence, running easterly along the south margin of State Highway
94 to a point located 150 feet west of the west margin of Ulmer
Avenue; thence, south 2 degrees 13 minutes east a distance of 139
feet to a point, said point being on the north margin of Conoley
Avenue; thence, north 87 degrees 30 minutes east along the north
margin of Conoley Avenue a distance of 145 feet to a point, said
point being on the west margin of Ulmer Avenue; thence, running
north 12 degrees 13 minutes west along said margin 100 feet to a
point, said point being the southwest corner of Highway 94 and
Ulmer Avenue; thence, north 87 degrees 47 minutes east along the
south margin of Highway 94 a distance of 60 feet to a point, said
point being the east right-of-way of Ulmer Avenue; thence, north-
erly along said right-of-way to a point located 250 feet south of the
northwest corner of Land Lot Number 109 in the 11th Land
District; thence, south 0 degrees 52 minutes 58 seconds east a
distance of 280.0 feet to a point; thence, south 86 degrees 13
minutes 20 seconds east a distance of 187.91 feet to a point;
thence, north 01 degrees 52 minutes 58 seconds west a distance of
300.0 feet to a point; thence, north 0 degrees 06 minutes 59 seconds
east a distance of 250.04 feet to a point on the 76th and 77th Land
Lot Line; thence, north 89 degrees 0 minutes east along the south
Land Lot Line of Land Lot 108, a distance of 435.52 feet to an iron
pin; thence, north 3 degrees 6 minutes 19 seconds east a distance
of 18.86 feet to a point; thence, south 84 degrees 44 minutes 42
seconds east a distance of 64.20 feet to a point; thence, south 7
degrees 43 minutes 18 seconds west a distance of 11.96 feet to a
point; thence, north 89 degrees east a distance of 1225.67 feet to a
point; thence, north 16 degrees 12 minutes 56 seconds west a
distance of 311.18 feet to a point; thence, north 73 degrees 59
minutes 06 seconds east a distance of 305.76 feet to a point;
thence, north 16 degrees 12 minutes 56 seconds west a distance of
626.56 feet to a point on the south right-of-way of Old Statenville
Road; thence, north 73 degrees 50 minutes east along the south
right-of-way of Old Statenville Road a distance of 201.40 feet to a
GEORGIA LAWS 1982 SESSION
3985
point; thence, along the arc which length if 225.3 feet to a point;
thence, north 71 degrees 01 minutes east along the south right-of-
way of Old Statenville Road a distance of 167.30 feet to a point
which is the intersection of the south right-of-way of Old Stat-
enville Road and the west right-of-way of Clay Road; thence,
north 1 degree 31 minutes west a distance of 84.3 feet to a point
where the north right-of-way of Old Statenville Road and the west
right-of-way of Clay Road intersects; thence, north 3 degrees 41
minutes west a distance of 2443.98 feet along Clay Road to the
south margin of the Georgia Southern and Florida Railroad;
thence, south 87 degrees 45 minutes west a distance of 2647.67 feet
along the south margin of the Georgia and Florida Railroad;
thence, running northerly along the east original line of Land Lots
Numbers 77 and 78 in said Land District to the south margin of
the right-of-way of the SCL Railroad; thence, running northeast-
erly along the south right-of-way of the Atlantic Coastline Rail-
road right-of-way to a point, said point being 2196.94 feet west of
the intersection of the south right-of-way of the ACL Railroad and
the west right-of-way of Clay Road; thence, north 85 degrees 37
minutes east a distance of 159.40 feet to a point; thence, south 35
degrees 07 minutes east a distance of 17.25 feet to a point; thence,
south 1 degree 39 minutes east a distance of 1568.15 feet to a point;
thence, north 89 degrees 40 minutes east a distance of 677.80 feet
to a point; thence, north 0 degrees 43 minutes west a distance of
1826.30 feet to a point; thence, north 67 degrees 29 minutes east a
distance of 156.40 feet to a point; thence, north 21 degrees 55
minutes west a distance of 140.78 feet to a point, said point being
on the south right-of-way of the Atlantic Coastline Railroad;
thence, along the ACL railroad right-of-way, north 65 degrees 08
minutes east a distance of 1136.05 feet to a point, said point being
the intersection of the south ACL Railroad right-of-way and the
west right-of-way of Clay Road; thence, running south 5 degrees
35 minutes east along the west margin of Clay Road (formerly
known as Industrial Blvd.)a distance of 1049.18 feet to a point;
thence, running along the west margin of said road and along a
curve whose radius is 17,148.8 feet a distance of 982.71 feet;
thence, running south 52 degrees 18 minutes east along the west
margin of Clay Road a distance of 1434.65 feet to a point, said
point being on the north right-of-way of the Georgia Southern and
Florida Railroad; thence, running north 89 degrees 10 minutes
east a distance of 86.02 feet to a concrete monument; thence,
running north 89 degrees 10 minutes east along the north margin
of the Georgia Southern Railroad right-of-way a distance of
3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2077.43 feet to a concrete monument; thence, running north 1
degree 49 minutes west a distance of 1024.25 feet to a point;
thence, running south 88 degrees 42 minutes 40 seconds west a
distance of 2091.71 feet to a concrete monument on the east
margin of Clay Road; thence, running north 2 degrees 18 minutes
west along the east margin of said Clay Road a distance of 384.00
feet more or less to a point; thence, north 87 degrees 42 minutes
west a distance of 300 feet to a point; thence, north 2 degrees 18
minutes west a distance of 66 feet to a point; thence, south 87
degrees 42 minutes east a distance of 300 feet to a point; thence,
running along the east margin of said road and along a curve whose
radius is 17,228.8 feet a distance of 976.30 feet to a point; thence,
continuing along the east right-of-way of Clay Road, north 05
degrees 35 minutes west a distance of 395.5 feet to a point; thence,
north 64 degrees 30 minutes east a distance of 1077.01 feet to a
point; thence north 25 degrees 30 minutes west a distance of
600.00 feet to a point, said point being on the south right-of-way of
a 40 foot graded road (E. Savannah Avenue); thence, along the
south right-of-way, south 64 degrees 30 minutes west a distance of
50.00 feet; thence, south 27 degrees 28 minutes west a distance of
37 feet; thence,south 44 degrees 08 minutes east a distance of 18
feet to a point; thence, south 18 degrees 00 minutes east a distance
of 187.14 feet along the west side of a railroad spur track; thence,
continuing along the spur track south 36 degrees 34 minutes west a
chord distance of 223.64 feet (whose arc distance is 225.40 feet) to
a point; thence, north 25 degrees 30 minutes west a distance of
279.80 feet to a point, said point being on the south right-of-way of
a 40 foot graded road (East Savannah Avenue); thence, along the
south right-of-way, south 64 degrees 30 minutes west a distance of
454.60 feet to a point on the east right-of-way of Clay Road;
thence, along the east right-of-way of Clay Road across the 40 foot
dirt road, north 5 degrees 09 minutes 40 seconds west a distance of
42.60 feet to a point, said point being the intersection of the south
right-of-way of ACL Railroad (and north right-of-way of the 40
dirt road) and the east right-of-way of Clay Road; thence, running
easterly along the south margin of said railroad to the original west
land lot line of Land Lot No. 153 in the 11th Land District; thence,
running northerly along the course of the said west line of said
Land Lot Number 153 to the center of the run of Knights Creek;
thence, running in a generally westerly direction up the mean-
derings of the center of the run of Knights Creek to the original
east line of the Land Lot Number 106 in the 11th Land District of
said County; thence, running due west to a point, said point being
GEORGIA LAWS 1982 SESSION
3987
perpendicular to the east right-of-way of the Central of Georgia
Railroad on a line south 74 degrees 29 minutes 33 seconds east a
distance of 100.00 feet from the east right-of-way; thence, north 15
degrees 30 minutes 27 seconds east a distance of 3192.58 feet to a
point; thence, north 35 degrees 49 minutes 17 seconds west a
distance of 737.64 feet to a point on the south right-of-way of State
Route 31 (East Park Avenue); thence, along the south right-of-
way, south 54 degrees 31 minutes 10 seconds west a distance of
197.45 feet to a point, said point being the intersection of the south
right-of-way of State Route 31 and the east right-of-way of the
Central of Georgia Railroad; thence, along the east right-of-way,
north 15 degrees 30 minutes 15 seconds east a distance of 158.85
feet to a point, said point being the intersection of the north right-
of-way of State Route 31 and the east right-of-way of the Central
of Georgia Railroad and the POINT OF BEGINNING.
Provided, however, that there is excepted and excluded from the
territory within the corporate limits of said City the following
described area, to wit:
(1) Beginning at the intersection of the west margin of
South Patterson Street ( U. S. Highway No. 41) in Lowndes
County, Georgia, with the south margin of Dampier Street, and
from said intersection south 50 degrees 00 minutes east a distance
of 594.11 feet along said right-of-way of Patterson Street to a
point, said point being the POINT OF BEGINNING; thence,
south 40 degrees 37 minutes 04 seconds west a distance of 285.94
feet to a point; thence, south 50 degrees 00 minutes east a distance
of 50.0 feet to a point; thence, south 40 degrees 37 minutes 00
seconds west a distance of 300.00 feet to a point; thence, south 50
degrees 00 minutes east a distance of 50.0 feet to a point; thence,
south 38 degrees 46 minutes 40 seconds west a distance of 381.0
feet to a point, said point being on the centerline of a drainage
ditch or canal; thence, running southerly along the center of said
drainage ditch to the north margin of the right-of-way of Tucker
Road; thence, running easterly along the north margin of the
right-of-way of Tucker Road to the west margin of the right-of-
way of U. S. Highway 41; thence, running northerly along the west
margin of the right-of-way of said U. S. Highway No. 41 to a point
78 feet northerly from the north margin of Lela Avenue (measured
along the west margin of the right-of-way of said U. S. Highway
No. 41); thence, running southwesterly at right angles with said
highway right-of-way a distance of four hundred sixty feet (460);
3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence, running northwesterly parallel with said highway right-of-
way a distance of sixty feet (60); thence, running northeasterly
perpendicular to said highway right-of-way four hundred sixty
feet (460) to the west margin of said highway right-of-way; thence,
running northwesterly along the west margin of said highway
right-of-way to a point 594.11 feet south of the south right-of-way
of Dampier Street, said point being the POINT OF BEGINNING:
(2) Beginning on the intersection of the east boundary of
Land Lot No. 77, 11th Land District of Lowndes County and the
east boundary of Lake Park Road, said point being also 1082.5 feet
plus or minus along the east margin of Lake Park Road from the
intersection of the south margin of Bethune Drive and the east
margin of Lake Park Road; thence, running northerly along the
boundary of Land Lot No. 77, a distance of 63 feet more or less to a
point; thence, north 32 degrees 48 minutes 30 seconds east a
distance of 475.17 feet to a point; thence, north 42 degrees 10
minutes 00 seconds west a distance of 285.40 feet to a point;
thence, south 33 degrees 14 minutes 12 seconds west a distance of
135.24 feet to a point on the east boundary of Land Lot No. 77;
thence, northerly along the east boundary of Land Lot 77 to a
point, said point being a distance of 141.85 feet on a bearing of
south 15 degrees 25 minutes west south of south margin of
Morningside Drive; thence, south 15 degrees 25 minutes east a
distance of 219.95 feet to a point; thence, south 43 degrees 24
minutes east a distance of 111.32 feet to a point; thence, south 42
degrees 1 minute east a distance of 867.90 feet to a point on the
north margin of the Old Statenville Road; thence, running west-
erly along said margin a distance of 768 feet more or less to the east
boundary of Land Lot No. 77, and the POINT OF BEGINNING:
(3) Beginning at a point where the north right-of-way of
Baytree Road intersects the west right-of-way of the Georgia
Southern Railroad, said point being the POINT OF BEGIN-
NING. thence, along the north right-of-way of Baytree Road,
south 87 degrees 55 minutes 44 seconds west a distance of 2679.38
feet to a point where the right-of-way intersects the 11th and 12th
Land District line; thence, along the 11th and 12th Land District
line, north 1 degree 29 minutes 10 seconds west a distance of
477.50 feet to a point; thence, north 87 degrees 55 minutes 44
seconds east a distance of 300.0 feet to a point; thence, south 1
degree 29 minutes 10 seconds east a distance of 25.0 feet to a point;
thence, north 87 degrees 55 minutes 44 seconds east a distance of
GEORGIA LAWS 1982 SESSION
3989
2200.04 feet to a point on the west right-of-way of the Georgia
Southern Railroad; thence, along said right-of-way south 19
degrees 29 minutes 30 seconds east a distance of 486.83 feet to a
point, said point being the POINT OF BEGINNING.
(4) Beginning at a point where the north right-of-way of
Baytree Road intersects the east right-of-way of Gornto Road,
said point being the POINT OF BEGINNING, thence, along the
east right-of-way, north 1 degree 11 minutes 28 seconds west a
distance of 182.21 feet to a point; thence, north 87 degrees 55
minutes 44 seconds east a distance of 782.57 feet to a point;
thence, south 1 degree 29 minutes 10 seconds east a distance of
182.21 feet to a point on the north right-of-way of Baytree Road;
thence, along the north right-of-way south 87 degrees 55 minutes
44 seconds west a distance of 783.58 feet to a point, said point
being the POINT OF BEGINNING:
(5) Beginning at a point where the north right-of-way of
Baytree Road intersects the east right-of-way of Gornto Road;
thence, along the east right-of-way north 1 degree 11 minutes 28
seconds west a distance of 425.89 feet to a point, said point being
the POINT OF BEGINNING: thence, north 88 degrees 44 min-
utes 32 seconds east a distance of 155.0 feet to a point; thence,
north 1 degree 11 minutes 28 seconds west a distance of 229.55 feet
to a point; thence, south 87 degrees 55 minutes 44 seconds west a
distance of 106,87 feet to a point on the east right-of-way of
Gornto Road; thence, along the curve of the east right-of-way of
Gornto Road, in a southern direction to the POINT OF BEGIN-
NING:
(6) Beginning at the intersection of the west right-of-way of
North Forrest Street with the south right-of-way of Northside
Drive; thence, south 78 degrees 16 minutes west a distance of 130.0
feet along the south right-of-way of Northside Drive to a point,
said point being the POINT OF BEGINNING, thence, south 1
degree 55 minutes east a distance of 83.44 feet to a point; thence,
south 88 degrees 05 minutes west a distance of 389.88 feet to a
point, said point being on the east right-of-way of Deborah Drive;
thence, north 1 degree 02 minutes west along the east right-of-way
of Deborah Drive a distance of 19.72 feet to a point, said point
being on the south right-of-way of Northside Drive; thence, along
the south right-of-way of Northside Drive, north 78 degrees 16
minutes east a distance of 336.60 feet to a point, said point being
the POINT OF BEGINNING:
3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Beginning at a point where the west right-of-way of
Deborah Drive intersects the south right-of-way of Northside
Drive; thence, along the south right-of-way of Northside Drive,
south 78 degrees 16 minutes west a distance of 127.78 feet to a
point, said point being the POINT OF BEGINNING, thence,
south 1 degree 42 minutes east a distance of 1883.31 feet to a point;
thence, running north 89 degrees 17 minutes 30 seconds west a
distance of 1477.50 feet to a point; thence, south 0 degrees 42
minutes 30 seconds west a distance of 145 feet to a point, said
point being on the north margin of Pineview Drive; thence,
running south 85 degrees 02 minutes west along the north margin
of Pineview Drive to a point 301.20 feet east of Dukes Avenue;
thence, northerly and parallel with Dukes Avenue a distance of
234.2 feet; thence, north 11 degrees 15 minutes west a distance of
320 feet to a point, said point being 150 feet east of the southeast
corner of Randolph Street and Dukes Avenue; thence, south 89
degrees 10 minutes east along the south margin of Randolph
Street a distance of 227.57 feet to a point; thence, north 00 degrees
50 minutes east a distance of 40 feet to a point on the north margin
of Randolph Street; thence, due north a distance of 160.00 feet to a
point; thence, north 89 degrees 26 minutes east a distance of
180.00 feet to an iron pin on the west margin of Orlando Drive;
thence, along said right-of-way north 0 degrees 34 minutes west a
distance of 207.45 feet to an iron pin; thence, south 88 degrees 57
minutes east a distance of 531.00 feet; thence, south 2 degrees 15
minutes 30 seconds west a distance of 375.00 feet; thence, north 83
degrees 47 minutes 15 seconds east a distance of 198.50 feet;
thence, north 88 degrees 39 minutes 52 seconds east a distance of
120.10 feet; thence, south 76 degrees 39 minutes 46 seconds east a
distance of 114.10 feet; thence, north 40 degrees 50 minutes 59
seconds east a distance of 186.59 feet; thence, north 62 degrees 00
minutes 27 seconds east a distance of 170.00 feet; thence, north 27
degrees 59 minutes 33 seconds west a distance of 50.00 feet;
thence, north 62 degrees 00 minutes 27 seconds east a distance of
150.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a
distance of 200.00 feet; thence, north 17 degrees 00 minutes 27
seconds east a distance of 113.14 feet; thence, north 62 degrees 00
minutes 27 seconds east a distance of 100.00 feet; thence, north 57
degrees 32 minutes 48 seconds east a distance of 139.93 feet;
thence, north 34 degrees 04 minutes 21 seconds east a distance of
176.17 feet; thence, north 6 degrees 13 minutes 21 seconds east a
distance of 161.16 feet; thence, north 55 degrees 21 minutes 31
seconds west a distance of 21.23 feet; thence, north 10 degrees 24
GEORGIA LAWS 1982 SESSION
3991
minutes 14 seconds west a distance of 146.42 feet to a point on the
southern margin of Northside Drive; thence, along the south right-
of-way of Northside Drive, north 79 degrees 38 minutes east a
distance of 818.01 feet to a point, said point being the POINT OF
BEGINNING.
(8) Beginning at the intersection of the north right-of-way
of Gornto Road with the east tangent point of the radius of High
Point Drive; thence, north 46 degrees 29 minutes east along
Gornto Road a distance of 401.54 feet to a point (south boundary
of Woodvalley V); thence, north 43 degrees 31 minutes west a
distance of 149.58 feet to a point; thence, south 46 degrees 29
minutes west a distance of 421.67 feet to a point which is on the
east right-of-way of High Point Drive; thence, south 43 degrees 31
minutes east along High Point Drive a distance of 129.67 feet to a
point; thence, along the radius between High Point Drive and
Gornto Road, which chord is south 88 degrees 31 minutes east a
distance of 31.42 feet, said point being the POINT OF BEGIN-
NING.
(9) Beginning at a point where the centerline of Mud Creek
intersects the west right-of-way of the Madison Highway (SR 31);
thence, south 79 degrees 55 minutes 55 seconds west a distance of
133.20 feet to a point; thence, north 81 degrees 01 minutes west a
distance of 36.70 feet to a point; thence, north 80 degrees 17
minutes west a distance of 112.57 feet to a point; thence, north 85
degrees 23 minutes west a distance of 219.51 feet to a point;
thence, north 86 degrees 44 minutes east a distance of 145.95 feet
to a point; thence, north 09 degrees 32 minutes east a distance of
360.00 feet to a point; thence, north 80 degrees 28 minutes east a
distance of 627.36 feet to a point located on the west right-of-way
of the Madison Highway; thence, along the west right-of-way
south 11 degrees 14 minutes east a distance of 789.50 feet to a
point, said point being the POINT OF BEGINNING.
(10) Beginning at a point where the south right-of-way of
Northside Drive intersects the west right-of-way of Bemis Road
(GA 125); thence, along the south right-of-way of Northside Drive
north 78 degrees 23 minutes west a distance of 170.76 feet to a
point; thence, north 78 degrees 29 minutes west a distance of 4.22
feet to a point on the south margin of Northside Drive, said point
being the POINT OF BEGINNING; thence, south 16 degrees 22
minutes west a distance of 171.75 feet to a point; thence, south 89
3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
degrees 01 minutes east a distance of 175.0 feet to a point, said
point is on the west right-of-way of Bemis Road; thence, south 19
degrees 30 minutes west along the west right-of-way of Bemis
Road 150 feet to Land Lot Line 80/81; thence, westwardly along
the 80/81 Land Lot Line to a point, said point being 330.0 feet east
of the intersection of the 58,59, 80 and 81st Land Lot Line; thence,
north 17 degrees 14 minutes west a distance of 332.5 feet to a point
on the south right-of-way of Northside Drive; thence, easterly
along the curving south right-of-way of Northside Drive to said
POINT OF BEGINNING.
(11) Beginning at a point on the east right-of-way of North
Ashley Street and the south right-of-way of Northside Drive;
thence, north 67 degrees 45 minutes east along the south right-of-
way a distance of 200 feet to a point, said point being the POINT
OF BEGINNING, thence, north 67 degrees 45 minutes east along
the south right-of-way of Northside Drive a distance of 1862.26
feet to a point; thence, south 2 degrees 00 minutes west a distance
of 10.89 feet to a point; thence, along the south right-of-way of
Northside Drive to an easterly direction to a point; thence, south
17 degrees 23 minutes east a distance of 243.0 feet to a point where
the 58, 59, 80 and 81st Land Lot Lines intersect; thence, south 70
degrees 02 minutes west a distance of 495.6 feet to a point; thence,
running south 70 degrees 23 minutes west to a point; thence, south
69 degrees 30 minutes west to a point; thence, north 29 degrees 01
minutes west a distance of 183.15 feet to a point, said point being
on the south right-of-way of Northside Drive, said point being the
POINT OF BEGINNING.
(12) Beginning at a point where the west right-of-way of
Bemis Road intersects the south right-of-way of Connell Road,
said point being the POINT OF BEGINNING, thence, north 70
degrees 08 minutes west along the south right-of-way of Connell
Road a distance of 155.34 feet to a point; thence, a chord distance
and bearing of north 84 degrees 21 minutes west a distance of
536.39 feet to a point; thence south 4 degrees 20 minutes west a
distance of 495.18 feet to a point; thence, south 83 degrees 27
minutes 30 seconds east a distance of 240.27 feet to a point;
thence, north 19 degrees 30 minutes east a distance of 222.23 feet
to a point; thence, south 70 degrees 30 minutes east a distance of
336.62 feet to a point, said point being the west margin of Bemis
Road; thence, north 19 degrees 30 minutes east along the west
margin of Bemis Road a distance of 150.0 feet to the POINT OF
BEGINNING.
GEORGIA LAWS 1982 SESSION
3993
(13) Beginning at a point where the north right-of-way of
Northside Drive intersects the east right-of-way of North Ashley
Street, said point being the POINT OF BEGINNING, thence,
running north 31 degrees 51 minutes west along the east right-of-
way of Ashley Street (GA 7) to a point, said point being 461.26 feet
south of the intersection of the southeast intersection of the
rights-of-way of North Ashley Street and Connell Road; thence,
north 67 degrees 05 minutes east a distance of 1324.80 feet to a
point; thence, south 21 degrees 27 minutes 23 seconds east a
distance of 212.81 feet to a point, said point being on the north
right-of-way of Northside Drive; thence, along said right-of-way
south 68 degrees 32 minutes 37 seconds west a distance of 1299.52
feet to a point, said point being the POINT OF BEGINNING.
(14) Beginning at a point where the west right-of-way of
Bemis Road intersects the south right-of-way of Connell Road;
thence, north 70 degrees 08 minutes west along the south right-of-
way of Connell Road a distance of 155.34 feet to a point; thence, a
chord distance and bearing of north 84 degrees 21 minutes west a
distance of 536.39 feet to a point; thence, a chord distance and
bearing of south 80 degrees 36 minutes west a distance of 46.36
feet to a point; thence, a chord bearing and distance of south 76
degrees 13 minutes west a distance of 124.43 feet to a point;
thence, a chord distance and bearing of south 69 degrees 46
minutes west a distance of 125.97 feet to a point; thence, south 66
degrees 28 minutes 30 seconds west a distance of 11.53 feet to a
point, said point being the POINT OF BEGINNING, thence,
south 1 degree 35 minutes west a distance of 334.36 feet to a point;
thence, south 74 degrees 33 minutes 30 seconds west a distance of
107.99 feet to a point; thence, south 66 degrees 31 minutes 18
seconds west a distance of 413.96 feet to a point; thence, north 0
degrees 50 minutes 30 seconds west a distance of 323.40 feet to a
point, said point being on the south right-of-way of Connell Road;
thence, running in an easterly direction along the curving south
right-of-way of Connell Road to a point, said point being the
POINT OF BEGINNING.
(15) Beginning at a point 319.01 feet south of the south right-
of-way of Dampier Street and west right-of-way of Patterson
Street, said point being the POINT OF BEGINNING, thence,
south 40 degrees 40 minutes west a distance of 285.94 feet; thence,
south 50 degrees 00 minutes east a distance of 150.10 feet to a
point; thence, north 40 degrees 40 minutes east a distance of
3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
285.94 feet to a point; thence, north 50 degrees 00 minutes west a
distance of 150.10 feet to the POINT OF BEGINNING.
(16) Beginning at a point where the west right-of-way of
South Patterson Street intersects the south right-of-way of Dam-
pier Street; thence, south 88 degrees 04 minutes west a distance of
135.10 feet to a point, said point being the POINT OF BEGIN-
NING. thence, south 3 degrees 13 minutes east a distance of 100.0
feet to a point; thence, south 88 degrees 04 minutes west a distance
of 175.0 feet to a point; thence, north 3 degrees 13 minutes west a
distance of 100.0 feet to a point; thence, north 88 degrees 04
minutes east a distance of 175.0 feet to a point, said point being
the POINT OF BEGINNING.
(17) Beginning at a point where the east right-of-way of Oak
Street Extension intersects the east right-of-way of Ashley Street;
thence, north 0 degrees 22 minutes east along the east right-of-way
of Oak Street Extension a distance of 1235 feet more or less to a
point; thence, north 89 degrees 38 minutes west a distance of 80
feet to a point, said point being on the west right-of-way of Oak
Street Extension and the POINT OF BEGINNING, thence,
north 84 degrees 22 minutes west a distance of 250.0 feet to a
point; thence, south 85 degrees 22 minutes west a distance of
150.40 feet to a point; thence, north 0 degrees 22 minutes east a
distance of 210.0 feet to a point; thence, south 87 degrees 39
minutes 31 seconds east a distance of 400.0 feet to a point, said
point being on the west right-of-way of Oak Street Extension;
thence, south 0 degrees 22 minutes west along the west right-of-
way of Oak Street Extension a distance of 210 feet to the POINT
OF BEGINNING.
(18) Beginning at the intersection of east right-of-way of
Dukes Avenue and north right-of-way of Pineview Drive; thence,
running north 85 degrees 02 minutes east a distance of 140 feet to
the POINT OF BEGINNING, thence, northerly and parallel with
Dukes Avenue a distance of 239 feet to a point; thence, north 89
degrees 10 minutes west a distance of 80 feet; thence, southerly
and parallel with Dukes Avenue a distance of 235.89 feet to a
point, said point being on the north right-of-way of Pineview
Drive; thence, south 85 degrees 02 minutes west along said right-
of-way a distance of 80 feet to the POINT OF BEGINNING.
GEORGIA LAWS 1982 SESSION
3995
(20) Beginning at a point where the east right-of-way of
North Forrest Street intersects the south right-of-way of North-
side Drive, said point being the POINT OF BEGINNING; thence,
along the south right-of-way of Northside Drive, north 77 degrees
27 minutes 35 seconds east a distance of 257.71 feet to a point;
thence, continuing along the south right-of-way, north 80 degrees
07 minutes 57 seconds east a distance of 252.56 feet to a point;
thence, south 01 degrees 48 minutes 00 seconds east a distance of
212.77 feet to a point; thence, south 88 degrees 41 minutes 04
seconds west a distance of 97.13 feet to a point; thence, south 01
degrees 23 minutes 15 seconds east a distance of 643.41 feet to a
point; thence, south 01 degrees 17 minutes 25 seconds east a
distance of 440.00 feet to a point; thence, south 88 degrees 42
minutes 35 seconds west a distance of 400.00 feet to a point, said
point being on the east right-of-way of North Forrest Street;
thence, along the east right-of-way of North Forrest Street, north
1 degree 17 minutes 25 seconds west a distance of 1213.87 feet to a
point, said point being the intersection of the east right-of-way of
Forrest Street and the south right-of-way of Northside Drive and
the POINT OF BEGINNING.
(21) Beginning at a point where the east right-of-way of
North Ashley Street intersects the north right-of-way of Connell
Road, said point being the POINT OF BEGINNING, thence,
running northwesterly along the east right-of-way of Ashley Street
a distance of 303 feet more or less to a point; thence, north 67
degrees 43 minutes east a distance of 200.00 feet to a point; thence,
north 30 degrees 11 minutes 33 seconds west a distance of 114.00
feet to a point; thence, north 67 degrees 45 minutes east a distance
of 300.00 feet to a point; thence, north 29 degrees 54 minutes 50
seconds west a distance of 180.00 feet to a point on the south right-
of-way of Garden Drive; thence, along the south right-of-way,
south 67 degrees 45 minutes west a distance of 500 feet to a point,
said point being where the south right-of-way of Garden Drive
intersects the east right-of-way of North Ashley Street; thence,
north 29 degrees 57 minutes 33 seconds west a distance of 50.46
feet to a point where the north right-of-way of Garden Drive
intersects the east right-of-way of Ashley Street; thence, north 67
degrees 45 minutes east along the north right-of-way of Garden
Drive a distance of 300 feet to a point; thence, north 31 degrees 30
minutes west a distance of 225.46 feet to a point; thence, north 31
degrees 34 minutes west a distance of 170.2 feet to a point located
on the south margin of Barfield Drive; thence, south 71 degrees 42
3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
minutes west a distance of 308.59 feet along the south right-of-way
of Barfield Drive to the east right-of-way of North Ashley Street;
thence northwesterly along the east right-of-way of Ashley Street
a distance of 190.3 feet to a point; thence, north 74 degrees 30
minutes east a distance of 311.99 feet to a point; thence, south 31
degrees 24 minutes east a distance of 125.0 feet to a point; thence,
north 71 degrees 46 minutes east a distance of 88.48 feet to a point;
thence, north 11 degrees 54 minutes west a distance of 291.53 feet
to a point; thence, north 82 degrees 57 minutes east a distance of
1426.66 feet to a point; thence, south 2 degrees 11 minutes 18
seconds east a distance of 238 feet to a point; thence, south 1
degree 48 minutes 55 seconds east a distance of 151.20 feet to a
point; thence, south 1 degree 40 minutes 04 seconds east a distance
of 562.71 feet to a point on the north right-of-way of Connell Road;
thence, along the north right-of-way, south 65 degrees 53 minutes
30 seconds west a distance of 1324.14 feet to a point where the
north right-of-way of Connell Road intersects the east right-of-
way of North Ashley Street and the POINT OF BEGINNING.
(22) Beginning at a point where the west right-of-way of
Country Club Road intersects the north right-of-way of Jerry
Jones Road, said point being the POINT OF BEGINNING,
thence, along the northern margin of the right-of-way of Jerry
Jones Road a distance of 295 feet to a point; thence, north 12
degrees 07 minutes west a distance of 175.0 feet to a point; thence,
north 89 degrees 04 minutes east a distance of 150.0 feet; thence,
north 11 degrees 25 minutes west a distance of 200 feet to a point,
said point on the south margin of Winding Way; thence, north 82
degrees 40 minutes west a distance of 15.29 feet along the south
margin of Winding Way; thence, westerly along the curving south
margin of Winding Way a distance of 114.98 feet; thence, south 82
degrees 48 minutes west a distance of 20.80 feet; thence, north 12
degrees 43 minutes east a distance of 56.02 feet; thence, north 13
degrees 41 minutes west a distance of 175.0 feet; thence, south 81
degrees 14 minutes west a distance of 104.93 feet; thence, north 3
degrees 13 minutes west a distance of 459.5 feet to a point on the
south right-of-way of Green Meadow Drive; thence, north 2
degrees 54 minutes west a distance of 50.09 feet to a point on the
north right-of-way of Green Meadow Drive; thence, north 2
degrees 21 minutes west a distance of 140.0 feet to a point; thence,
north 2 degrees 04 minutes 33 seconds west a distance of 150.00
feet to a point; thence, north 1 degree 35 minutes 14 seconds west a
distance of 249.37 feet to a point; thence, north 82 degrees 46
GEORGIA LAWS 1982 SESSION
3997
minutes 00 seconds east a distance of 179.28 feet to a point;
thence, north 1 degree 40 minutes west a distance of 211.68 feet to
a point on the south right-of-way of Mossway; thence, along the
south right-of-way, north 88 degrees 29 minutes east a distance of
300.00 feet to a point, said point being the intersection of the south
right-of-way of Mossway and the west right-of-way of Country
Club Road; thence, along the west right-of-way of Country Club
Road, south 0 degrees 9 minutes 18 seconds east a distance of
325.02 feet to a point; thence, south 0 degrees 50 minutes 59
seconds east a distance of 377.82 feet to a point; thence, south 1
degree 36 minutes 08 seconds east a distance of 75.74 feet to a
point, said point being the intersection of the west right-of-way of
Country Club Road and the north right-of-way of Green Meadow
Drive; thence, south 01 degrees 36 minutes 08 seconds east a
distance of 50.0 feet to a point where the west right-of-way of
Country Club Road intersects the south right-of-way of Green
Meadow Road; thence, continuing along the west right-of-way of
Country Club Road, south 1 degree 36 minutes 08 seconds east a
distance of 1108.14 feet to a point, said point being the inter-
section of the west right-of-way of Country Club Road and the
north right-of-way of Jerry Jones Road and the POINT OF
BEGINNING.
(23) Beginning at a point where the south right-of-way of
Baytree Road intersects the east right-of-way of Gornto Road;
thence, continuing along the south right-of-way of Baytree Road,
south 88 degrees 40 minutes 56 seconds west a distance of 180.83
feet to a point, said point being the POINT OF BEGINNING,
thence, south 2 degrees 01 minutes 06 seconds east a distance of
211.62 feet to a point; thence, north 88 degrees 09 minutes 29
seconds east a distance of 417.84 feet to a point; thence, south 0
degrees 32 minutes 59 seconds west a distance of 208.88 feet to a
point; thence, north 89 degrees 48 minutes 21 seconds east a
distance of 210.37 feet to a point; thence, north 0 degrees 54
minutes west a distance of 420.65 feet to a point which is located
on the south right-of-way of Baytree Road; thence, along the south
right-of-way, south 88 degrees 40 minutes 56 seconds west a
distance of 627.00 feet to a point which is the POINT OF BEGIN-
NING.
(24) Beginning at a point where the south right-of-way of
Baytree Road intersects the west right-of-way of Gornto Road,
said point being the POINT OF BEGINNING; thence, along the
3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
west right-of-way of Gornto Road, south 2 degrees 23 minutes 02
seconds west a distance of 629.40 feet to a point; thence, south 89
degrees 47 minutes 32 seconds west a distance of 202.66 feet to a
point; thence, south 2 degrees 8 minutes 43 seconds west a
distance of 218.31 feet to a point; thence, north 89 degrees 41
minutes 40 seconds east a distance of 201.77 feet to a point on the
west right-of-way of Gornto Road; thence, continuing along the
west right-of-way, south 2 degrees 23 minutes 02 seconds east a
distance of 97.60 feet to a point; thence, north 89 degrees 53
minutes 53 seconds west a distance of 198.17 feet to a point;
thence, north 0 degrees 20 minutes 21 seconds west a distance of
11.99 feet to a point; thence, north 89 degrees 53 minutes 53
seconds west a distance of 209.55 feet to a point on the east right-
of-way of Ellis Drive; thence, along the east right-of-way of Ellis
Drive, north 4 degrees 51 minutes east a distance of 992.38 feet to a
point where the east right-of-way of Ellis Drive intersects the
south right-of-way of Baytree Road; thence, along the south right-
of-way of Baytree Road, south 88 degrees 40 minutes 56 seconds
west a distance of 418 feet to a point, said point being the
intersection of the south right-of-way of Baytree Road and the
west right-of-way of Gornto Road and the POINT OF BEGIN-
NING.
(25) Beginning at a point where the west right-of-way of
Norman Drive intersects the north right-of-way of St. Augustine
Road (SR 94); thence, along the north right-of-way of St. August-
ine Road, north 63 degrees 51 minutes 57 seconds west a distance
of 945.51 feet to a point, said point being the POINT OF BEGIN-
NING; thence, north 25 degrees 38 minutes 59 seconds east a
distance of 400.00 feet to a point; thence, north 63 degrees 51
minutes 57 seconds west a distance of 210.00 feet to a point;
thence, south 25 degrees 38 minutes 59 seconds west a distance of
420.00 feet to a point on the north right-of-way of St. Augustine
Road; thence, along the north right-of-way, south 63 degrees 51
minutes 57 seconds east a distance of 210.00 feet to a point;
thence, north 25 degrees 38 minutes 59 seconds east a distance of
20.00 feet to a point, said point being the POINT OF BEGIN-
NING.
(26) Beginning at a point where the east right-of-way of
Bemis Road intersects the north right-of-way of Pineview Drive,
said point being the POINT OF BEGINNING; thence, running
along the east right-of-way of Bemis Road, north 14 degrees 25
GEORGIA LAWS 1982 SESSION
3999
minutes east a distance of 251.58 feet to a point; thence, north 87
degrees 21 minutes east a distance of 257.36 feet to a point on the
west margin of a 10 foot alley; thence, along the alley, north 13
degrees 0 minutes east a distance of 160.0 feet to a point; thence,
north 87 degrees 31 minutes west a distance of 253.58 feet to a
point on the east right-of-way of Bemis Road; thence, along the
right-of-way a distance of 161.34 feet to a point; thence, running
easterly 248.48 feet to a point on the west margin of a 10 foot alley
and being 80 feet south of Randolph Street; thence, running
northerly along the alley 80 feet to a point on the south right-of-
way of Randolph Street; thence, running westerly along the south
right-of-way 246.0 feet to a point, said point being the southeast
intersection of Bemis Road and Randolph Street; thence, along
the east right-of-way of Bemis Road north 18 degrees 23 minutes
east a distance of 133.45 feet to a point; thence, easterly a distance
of 251.92 feet to a point; thence, northerly 160.00 feet to a point;
thence, westerly 245.67 feet to a point on the east right-of-way of
Bemis Road; thence, along the east right-of-way, north 18 degrees
23 minutes east a distance of 115.37 feet to a point; thence, south
87 degrees 7 minutes 40 seconds east a distance of 355.96 feet to a
point; thence, south 88 degrees 9 minutes east a distance of 414.41
feet to a point; thence, south 05 degrees 36 minutes west a distance
of 370.4 feet to a point on the north margin of Randolph Drive;
thence, north 89 degrees 10 minutes west along the north margin
of Randolph Street a distance of 324.57 feet to a point; thence,
southerly along the west right-of-way of Dukes Avenue to a point
on the north right-of-way of Pineview Drive; thence, westerly
along the north right-of-way of Pineview Drive to the east right-
of-way of Bemis Road and the POINT OF BEGINNING.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Apply for Local Legislation.
Notice is hereby given that there will be introduced in the 1982
session of the General Assembly of Georgia local legislation to amend
the Charter of the City of Valdosta and to extend and redefine the
city limits of the City of Valdosta, which bill shall be entitled as
follows:
4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
An Act to amend the charter of the City of Valdosta as set forth in
the Acts of the General Assembly of Georgia, approved March 24,
1976 (1976 Ga. Laws, P. 3186, 3239, inclusive), and Acts amendatory
thereto.
George T. Talley
City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James M. Beck who, on oath, deposes
and says that he/she is Representative from the 148th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Valdosta Daily Times which is the
official organ of Lowndes County, on the following dates: Dec. 26,
1981 & Jan. 2 & 9,1982.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 17th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4001
LUMPKIN COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 964 (Senate Bill No. 777).
AN ACT
To amend an Act placing the Tax Commissioner of Lumpkin
County upon an annual salary, approved April 3,1972 (Ga. L. 1972, p.
3854), as amended, particularly by an Act approved April 11, 1979
(Ga. L. 1979, p. 4513), 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 placing the Tax Commissioner of Lumpkin
County upon an annual salary, approved April 3,1972 (Ga. L. 1972, p.
3854), as amended, particularly by an Act approved April 11, 1979
(Ga. L. 1979, p. 4513), is amended by striking in its entirety Section 2
and substituting in lieu thereof a new Section 2 to read as follows:
Section 2. (a) The tax commissioner shall receive an annual
salary of not less than $18,500.00, payable in equal monthly install-
ments from the funds of Lumpkin County.
(b) The salary provided in subsection (a) of this Section shall be
increased by five percent for each four-year term of office served by
the tax commissioner, figured at the end of each such period of
service. Such increase shall not have retroactive effect, except that
the current term of the tax commissioner presently in office shall be
counted for determining the appropriate salary under this Section.
Provided, however, that the maximum salary received by the tax
commissioner for any calendar year shall not exceed $23,500.00.
(c) As used in this subsection county officer means the sheriff,
clerk of the superior court, judge of the probate court, or Commis-
sioner of Lumpkin County. If at any time after January 1,1982, the
salary of any county officer is increased during a calendar year, either
by local law or pursuant to general law, then the salary provided by
this Section for the tax commissioner of Lumpkin County shall be
increased in the same dollar amount as the dollar amount of the
increase in the salary of the county officer, effective at the same time
4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as the effective date in the increase in the salary of the county officer.
In the event the salary of two or more county officers is increased
during a calendar year, the provisions of this subsection shall apply
only to the salary increase which is greatest in dollar amount.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
placing the Tax Commissioner of Lumpkin County upon an annual
salary, approved April 3,1972 (Ga. L. 1972, p. 3854), as amended; and
for other purposes.
This 16th day of February, 1982.
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 Dahlonega Nugget which is the official organ of
Lumpkin County on the following dates: Feb. 19 & 26,1982 & March
5,1982.
/s/ John C. Foster
Senator
50th District
GEORGIA LAWS 1982 SESSION
4003
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
LUMPKIN COUNTY SHERIFFS COMPENSATION.
No. 965 (Senate Bill No. 778).
AN ACT
To amend an Act placing the Sheriff of Lumpkin County upon an
annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as
amended, particularly by an Act approved April 7,1972 (Ga. L. 1972,
p. 4002) and an Act approved March 23,1977 (Ga. L. 1977, p. 4118), 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 Lumpkin County upon
an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469),
as amended, particularly by an Act approved April 7, 1972 (Ga. L.
1972, p. 4002) and an Act approved March 23, 1977 (Ga. L. 1977, p.
4118), is amended by striking in its entirety Section 2 and substitut-
ing in lieu thereof a new Section 2 to read as follows:
4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. (a) The sheriff shall receive an annual salary of not
less than $20,500.00, payable in equal monthly installments from the
funds of Lumpkin County.
(b) The salary provided in subsection (a) of this Section shall be
increased by five percent for each four-year term of office served by
the sheriff, figured at the end of each such period of service. Such
increase shall not have retroactive effect, except that the current term
of the sheriff presently in office shall be counted for determining the
appropriate salary under this Section. Provided, however, that the
maximum salary received by the sheriff for any calendar year shall
not exceed $25,500.00.
(c) As used in this subsection county officer means the clerk of
the superior court, judge of the probate court, tax commissioner or
Commissioner of Lumpkin County. If at any time after January 1,
1982, the salary of any county officer is increased during a calendar
year, either by local law or pursuant to general law, then the salary
provided by this Section for the sheriff of Lumpkin County shall be
increased in the same dollar amount as the dollar amount of the
increase in the salary of the county officer, effective at the same time
as the effective date in the increase in the salary of the county officer.
In the event the salary of two or more county officers is increased
during a calendar year, the provisions of this subsection shall apply
only to the salary increase which is greatest in dollar amount.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular session
of the General Assembly of Georgia, a bill to amend an Act placing the
Sheriff of Lumpkin County upon an annual salary, approved Febru-
ary 28,1966 (Ga. L. 1966, p. 2469), as amended, particularly by an Act
approved April 7,1972 (Ga. L. 1972, p. 4002); and for other purposes.
This 16th day of February, 1982.
GEORGIA LAWS 1982 SESSION
4005
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 Dahlonega Nugget which is the official organ of
Lumpkin County, on the following dates: February 19, 26 and March
5,1982.
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LUMPKIN COUNTY COMPENSATION OF
JUDGE OF PROBATE COURT AND
CLERK OF SUPERIOR COURT.
No. 966 (Senate Bill No. 779).
AN ACT
To amend an Act placing the Clerk of the Superior Court and the
Judge of the Probate Court of Lumpkin County upon an annual
salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4508),
so as to change the provisions relating to the compensation of the
clerk of the superior court and the judge of the probate court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of the Superior Court and
the Judge of the Probate Court of Lumpkin County upon an annual
salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4508),
is amended by striking in its entirety Section 2 and substituting in
lieu thereof a new Section 2 to read as follows:
Section 2. (a) The Clerk of the Superior Court of Lumpkin
County shall receive an annual salary of not less than $18,000.00,
payable in equal monthly installments from the funds of Lumpkin
County.
(b) The salary provided in subsection (a) of this Section shall be
increased by five percent for each four-year term of office served by
the clerk, figured at the end of each such period of service. Such
increase shall not have retroactive effect, except that the current term
of the clerk presently in office shall be counted for determining the
appropriate salary under this Section. Provided, however, that the
maximum salary received by the clerk for any calendar year shall not
exceed $23,000.00.
(c) As used in this subsection county officer means the sheriff,
judge of the probate court, tax commissioner or Commissioner of
Lumpkin County. If at any time after January 1, 1982, the salary of
GEORGIA LAWS 1982 SESSION
4007
any county officer is increased during a calendar year, either by local
law or pursuant to general law, then the salary provided by this
Section for the clerk of the superior court of Lumpkin County shall be
increased in the same dollar amount as the dollar amount of the
increase in the salary of the county officer, effective at the same time
as the effective date in the increase in the salary of the county officer.
In the event the salary of two or more county officers is increased
during a calendar year, the provisions of this subsection shall apply
only to the salary increase which is greatest in dollar amount.
Section 2. Said Act is further amended by striking in its entirety
Section 3 and substituting in lieu thereof a new Section 3 to read as
follows:
Section 3. (a) The Judge of the Probate Court of Lumpkin
County shall receive an annual salary of not less than $18,000.00,
payable in equal monthly installments from the funds of Lumpkin
County.
(b) The salary provided in subsection (a) of this Section shall be
increased by five percent for each four-year term of office served by
the judge, figured at the end of each such period of service. Such
increase shall not have retroactive effect, except that the current term
of the judge presently in office shall be counted for determining the
appropriate salary under this Section. Provided, however, that the
maximum salary received by the judge for any calendar year shall not
exceed $23,000.00.
(c) As used in this subsection county officer means the sheriff,
clerk of the superior court, tax commissioner or Commissioner of
Lumpkin County. If at any time after January 1, 1982 the salary of
any county officer is increased during a calendar year, either by local
law or pursuant to general law, then the salary provided by this
Section for the Judge of the Probate Court of Lumpkin County shall
be increased in the same dollar amount as the dollar amount of the
increase in the salary of the county officer, effective at the same time
as the effective date in the increase in the salary of the county officer.
In the event the salary of two or more county officers is increased
during a calendar year, the provisions of this subsection shall apply
only to the salary increase which is greatest in dollar amount.
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.
4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
placing the Judge of the Probate Court of Lumpkin County upon an
annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as
amended; and for other purposes.
This 16th day of February, 1982.
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 Dahlonega Nugget which is the official organ of
Lumpkin County, on the following dates: Feb. 19 & 26,1982 & March
5,1982.
/s/ John C. Foster
Senator,
50th District
GEORGIA LAWS 1982 SESSION
4009
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
ELBERT COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 967 (House Bill No. 1889).
AN ACT
To amend an Act creating a small claims court for Elbert County,
approved March 4,1977 (Ga. L. 1977, p. 2940), as amended by an Act
approved March 13, 1978 (Ga. L. 1978, p. 3337), so as to change the
jurisdictional amount of the court and the amount of certain fees
charged for proceedings in the court; to provide for related matters; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a small claims court for Elbert
County, approved March 4, 1977 (Ga. L. 1977, p. 2940), as amended
by an Act approved March 13,1978 (Ga. L. 1978, p. 3337), is amended
by striking Section 1 and inserting in its place a new Section 1 to read
as follows:
Section 1. There is hereby created and established a Small
Claims Court in and for Elbert 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
4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
concurrent with the jurisdiction of any other court or courts now or
hereafter established in said county. Said jurisdiction shall include
the power to issue writs of garnishment and attachment and, in
addition to the powers herein specifically granted, all the powers
granted to justices of the peace by the laws of the State of Georgia.
Section 2. Said Act is further amended by striking Section 8 and
inserting in its place a new Section 8 to read as follows:
Section 8. (a) The plaintiff, when he files his claim, shall
deposit the sum of $18.00 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 $18.00. 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 $18.00 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 $2.50 of each fee or cost provided in subsec-
tions (a) and (b) above shall be placed in a fund to be used solely for
the upkeep and replacement of the facilities, equipment and materi-
als of the court as such are outlined in Section 19.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4011
Legal Notice.
This is to serve as notice of the intent to introduce legislation
regarding the jurisdictional limits and fees of the Small Claims Court
of Elbert County and other purposes.
Charles C. Mann
Representative,
District 13
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles 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 Elberton Star - The Elbert Beacon
which is the official organ of Elbert County, on the following dates:
Jan. 28,1982 & Feb. 4 & 11,1982.
/s/ Charles C. Mann
Representative,
13th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JACKSON COUNTY SCHOOL DISTRICT MERGED
WITH JEFFERSON CITY SCHOOL DISTRICT AND
COMMERCE CITY SCHOOL DISTRICT, REFERENDUM.
No. 969 (House Bill No. 1919).
AN ACT
To provide for the consolidation and merger of the Jefferson City
School District, the Commerce City School District, and the Jackson
County School District into a single area school district under the
control and management of an area board of education pursuant to
the authority of Article VIII, Section V, Paragraph I of the Constitu-
tion of Georgia of 1976; to provide for an interim area board of
education to serve until the members of the area board of education
are elected and take office; to provide for the creation and election of
members of the area board of education; to provide for the appoint-
ment of the school superintendent of the area school district; to
prescribe the procedure connected therewith; to provide for the
establishment of educational districts; to provide for the terms of
office of the members of the area board of education and the superin-
tendent of the area school district and their qualifications; to pre-
scribe the procedures whereby vacancies on the area board of educa-
tion are to be filled; to provide for other matters relative to the
foregoing; 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. The Jefferson City Independent School District, the
Commerce City Independent School District, and the Jackson
County School District are hereby consolidated and merged pursuant
to the provisions of Article VIII, Section V, Paragraph I of the
Constitution of Georgia of 1976 into a single area school district to be
known as the Jackson County Area School District under the control
and management of an area board of education to be known as the
Jackson County Area Board of Education.
Section 2. The Jackson County Area School District established
by this Act shall constitute a separate political subdivision of this
state, and the Jefferson City Independent School District, the Com-
merce City Independent School District, and the Jackson County
School District are hereby abolished. Title to all school properties and
GEORGIA LAWS 1982 SESSION
4013
assets therein, both real and personal, tangible and intangible, are
hereby vested in the Jackson County Area Board of Education
created by this Act and in the interim area board of education
provided for in Section 3 of this Act until the members of the Jackson
County Area Board of Education are elected and take office.
Section 3. Upon the certification of the results of the election
provided for in Section 10 of this Act, if this Act is approved at said
election, an interim area board of education of Jackson County
composed of eight members shall be selected to serve until December
31,1984, and until the members of the Jackson County Area Board of
Education provided for by Sections 4 and 5 of this Act are elected and
take office. The interim area board of education shall be selected as
follows: the existing Jackson County Board of Education shall
appoint four members; the existing Jefferson City Board of Educa-
tion shall appoint two members; the existing Commerce City Board of
Education shall appoint two members. The interim area board of
education provided for herein shall be subject to all constitutional
provisions and all statutory provisions relative to county boards of
education and shall have such authority as provided by the Constitu-
tion of Georgia of 1976 and all statutory provisions relative to county
boards of education unless such provisions are in conflict with the
provisions of this Act.
Section 4. (a) The Jackson County Area Board of Education
shall be composed of seven members elected as hereinafter provided
in this Act. For the purpose pf electing said members, Jackson County
shall be divided into seven education districts as follows:
Education District 1
Tract 9902
Blocks 201 through 211, 213
through 228, 234 through
238, and 301 through 347
That part of Block 350 within the
City of Hoschton
Blocks 351 through 355
That part of Block 356 within the
City of Hoschton
Blocks 363, 364, and 374 through
378
4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District 2
Tract 9902
Blocks 101 through 129
That part of Block 130
within GMDs 257 and 465
Blocks 131 through 151
That part of Block 152
within GMD 257
Blocks 153 through 155
Tract 9903
Blocks 101 through 107
That part of Block 108 outside
the City of Jefferson
Blocks 109 through 124
That part of Blocks 125 and 131
outside the City of Jefferson
Blocks 132 through 135 and
201 through 211
That part of Block 212 outside
the City of Jefferson
Blocks 226 through 228
Education District 3
Tract 9903
That part of Block 176
outside the City of Jefferson
Block 177
That part of Block 225 outside
the City of Jefferson
Blocks 229, 230, 233, 234, 237,
and 240 through 244
Tract 9904
Blocks 205 through 210 and 219
Block Group 3
Bocks 403 through 423
Education District 4
Tract 9902
Blocks 229, 231 through 233, 239
through 244, and 349
Those parts of Blocks 350 and 356
outside the City of Hoschton
GEORGIA LAWS 1982 SESSION
4015
Blocks 357, 358, and 360 through
362
Tract 9903
Those parts of Blocks 108 and 125
within the City of Jefferson
Blocks 126 through 130
That part of Block 131 within the
City of Jefferson
Blocks 136 through 175
That part of Block 176 within
the City of Jefferson
Blocks 178 and 179
That part of Block 212 within
the City of Jefferson
Blocks 213 through 224
That part of Block 225 within
the City of Jefferson
Blocks 232 and 242
Tract 9904
Blocks 401 and 402
Education District 5
Tract 9901
Blocks 105 and 118 through
130
That part of Block 131 within
the City of Commerce
Blocks 140 through 145, 150
through 154, and 158 through
180
That part of Block 202 within
the City of Commerce
Blocks 203 through 210 and
212 through 236
Education District 6
Tract 9901
Blocks 101 through 104 and
106 through 117
That part of Block 131
outside the City of Commerce
Blocks 132 through 139, 146
4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
through 149, 155 through 157,
181 through 184, and 201
That part of Block 202 outside
the City of Commerce
Blocks 237 through 250
Block Group 3
Tract 9902
Block 228
That part of Blocks 130 and
152 within GMD 255
Tract 9904
Blocks 601 through 604
Education District 7
Tract 9903
Blocks 235 and 236
Tract 9904
Block Group 1
Blocks 201 through 204 and
211 through 218
Block Group 5
Blocks 605 through 615
(b) For the purposes of subsection (a) of this section:
(1) The terms tract, block group, and block shall
mean and shall describe the same geographical boundaries as
provided in the report of the Bureau of the Census for the United
States decennial census of 1980 for the State of Georgia;
(2) The term GMD means Georgia Militia District; and
(3) Whenever the description of an education district refers
to a named city, it shall mean the geographical boundaries of that
city as shown on the census maps for the United States decennial
census of 1980 for the State of Georgia.
(c) Any part of Jackson County which is not included in any
education district described in subsection (a) of this section shall be
included within that district contiguous to such part which contains
the least population according to the United States decennial census
of 1980 for the State of Georgia.
GEORGIA LAWS 1982 SESSION
4017
Section 5. (a) The first members of the Jackson County Area
Board of Education shall bq elected at the 1984 general election and
shall take office on the first day of January, 1985. One member of the
Jackson County Area Board of Education shall be elected from each
of the seven education districts established by Section 4 of this Act.
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 such person offers.
No person shall be eligible for membership on the board unless such
person has resided in the education district from which such person
offers as a candidate for at least one year immediately preceding the
date of the election. If any member of the board shall change the
members place of residence from the education district that the
member represents, such member shall no longer represent that
district and a vacancy shall be created.
(b) In case of a vacancy on the board for any cause other than
expiration of a term of office, the board shall be authorized to appoint
a successor to fill such vacancy until the next general election and, at
the time of such general election, the person elected to fill such
vacancy shall serve the remainder of the unexpired term. If, however,
less than 60 days remain until the next general election from the time
such vacancy is created, the board in its discretion may elect to allow
said vacancy to exist until the general election.
Section 6. All members of the Jackson County Area Board of
Education shall serve for terms of four years and until their succes-
sors are elected and qualified. All elections for future board members
shall be held at the general election of the year during which the terms
of office of the members are to expire. The members shall take office
on the first day of January immediately following their election. All
members of the board shall be nominated and elected in accordance
with the provisions of Chapter 2 of Title 21 of the Official Code of
Georgia Annotated known as the Georgia Election Code.
Section 7. The superintendent of the Jackson County Area
School District shall be appointed by a majority vote of the area board
of education provided for by this Act and shall serve at the pleasure of
the board. Any person to be eligible to serve as superintendent shall
meet all requirements of law and of the State Board of Education for
such office.
4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8. Members of the Jackson County Area Board of
Education shall have such powers and duties and, such further
qualifications as may be provided by law relative to county boards of
education. The superintendent of the Jackson County Area School
District shall have such powers and duties as may be provided by law
relative to county school superintendents.
Section 9. The Jackson County Area Board of Education, in
consultation with and advice from the State Department of Educa-
tion, shall make provisions for housing high school students, making
the best usage of the existing high schools and any additional facilities
for high school students as may be justified due to population growth
or shifts.
Section 10. After the approval of this Act by the Governor, or
after it otherwise becomes law, it shall be the duty of the election
superintendent of Jackson County to issue the call for an election for
the purpose of submitting this Act separately to the electors of the
Jackson County School District, the Jefferson City School District,
and the Commerce City School District for approval or rejection by
each of said school districts. The superintendent shall set the date of
such election for the same date as the general election of 1982. He
shall issue the call for said election at least 30 days but not more than
45 days prior to the date of the election. The superintendent shall
cause the date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the official
organ of Jackson County. The ballot shall have written or printed
thereon the words:
( ) YES Shall the Act consolidating and
( ) NO merging the Jefferson City School
District, the Commerce City School
District, and the Jackson County
School District into a single area
school district which shall be under
the control and management of an
area board of education and pro-
viding for the appointment by said
area board of education of the su-
perintendent of the area school dis-
trict 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
GEORGIA LAWS 1982 SESSION
4019
vote No. If at least 51 percent of the qualified electors of the
Jackson County School District, the Jefferson City School District,
and the Commerce City School District vote at said election and if
more than one-half of the votes cast on such question in each such
school district are for approval of the Act, it shall become of full force
and effect as provided in Section 11 of this Act; but otherwise it shall
be void and of no force and effect.
The expense of such election shall be borne by Jackson County. It
shall be the duty of the superintendent of elections to hold and
conduct such election. It shall be his further duty to certify the result
thereof to the Secretary of State.
Section 11. If this Act is approved by the voters in the manner
prescribed by Section 10 of this Act, this Act shall be effective for the
purpose of the selection of the members of the interim area board of
education of Jackson County as provided by Section 3 of this Act
upon the certification of the results of the election provided for by
said Section 10, and this Act shall be effective for all purposes upon
the members of said interim area board of education taking office.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for the
consolidation and merger of the Jefferson City School District, the
Commerce City School District, and the Jackson County School
District into a single area school district under the control and
management of an area board of education; to provide for other
matters relative thereto; to provide for a referendum; and for other
purposes.
This 8 day of Feb., 1982.
4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Lauren McDonald
Representative,
12th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Lauren McDonald who, on oath,
deposes and says that he/she is Representative from the 12th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Jackson Herald which is the official
organ of Jackson County, on the following dates: Feb. 10, 17 & 24,
1982.
/s/ Lauren McDonald, Jr.
Representative,
12th District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for the
consolidation and merger of the Jefferson City School District, the
Commerce City School District, and the Jackson County School
District into a single area school district under the control and
management of an area board of education; to provide for other
matters relative thereto; to provide for a referendum; and for other
purposes.
GEORGIA LAWS 1982 SESSION
4021
This 8 day of February, 1982.
Lauren McDonald, Jr.
Representative,
12th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Lauren McDonald who, on oath,
deposes and says that he/she is Representative from the 12th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Commerce News which is the official
organ of Jackson County, on the following dates: Feb. 17 & 23,1982 &
March 3,1982.
/s/ Lauren McDonald, Jr.
Representative,
12th District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROME CORPORATE LIMITS.
No. 970 (House Bill No. 1922).
AN ACT
To amend an Act creating a new charter for the City of Rome,
approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to
change and extend the corporate limits of said city; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Rome,
approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is
amended by extending the corporate limits of the City of Rome so as
to include and annex the following described tract of property:
All that tract or parcel of land situated lying and being in Land
Lots 278, 279, and 282 of the 23rd District and 3rd Section of Floyd
County, Georgia and being more particularly described as follows:
Beginning at the intersection of the northerly right of way of
Grover Street and easterly right of way of Landrum Place and going
thence north 89 degrees, 27 minutes east, a distance of 120 feet to a
point; going thence north 0 degrees, 33 minutes west along the
existing city limit, a distance of 1,099.13 feet (which mete coincides
with the easterly boundary line of the Coosa Valley Addition to
Shadyside Subdivision and with the westerly boundary line of
Shadyside Subdivision), to a point; going thence south 89 degrees, 27
minutes west, a distance of 637 feet to a point; going thence south 0
degrees 33 minutes east, a distance of 1099.13 feet to a point; going
thence south 89 degrees, 27 minutes west, a distance of 900 feet, more
or less, to the normal low-water line of the easterly bank of the Coosa
River; going thence southerly along the normal low-water line of the
easterly bank of the Coosa River and following the meanderings
thereof, a distance of 1,970 feet, more or less, to a point which is the
intersection of the southerly boundary line of property of Rome
Provision Company and the normal low-water line of the easterly
bank of the Coosa River; going thence in an easterly direction along
the southern boundary line of the property of Rome Provision
Company, a distance of 900 feet, more or less, to a point on the
existing city limits; going thence north 0 degrees, 33 minutes west, a
GEORGIA LAWS 1982 SESSION
4023
distance of 1,892 feet, more or less, to a point on the northerly right of
way of Grover Street; going thence north 89 degrees, 27 minutes east
along the northerly right of way of Grover Street, a distance of 517
feet to the point of beginning.
Said property being more particularly shown as 56.67 acres on that
certain plat of survey prepared by the City of Rome Engineering
Department dated March 1,1982.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
Session of the Georgia General Assembly a bill to effect annexation
(effective December 3,1982) of certain property to the City of Rome,
that property being generally described as portions of Landrum
Place, Daniel Street area and properties in the flood plain along the
east side of the Coosa River; and for other purposes.
This 17th day of February, 1982.
Robert M. Brinson
Attorney for the
City of Rome
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 Forsyth County News which is the
official organ of Forsyth County, on the following dates: Feb. 18 & 25,
1982 & March 4,1982.
4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF CAIRO RECORDERS COURT.
No. 971 (House Bill No. 1930).
AN ACT
To amend an Act incorporating the City of Cairo, in the County of
Grady, and the granting of a charter to that municipality under said
corporate name and style, approved August 6, 1906 (Ga. L. 1906, p.
573), as amended, so as to abolish the Mayors Court of the City of
Cairo; to create and establish in lieu thereof a Recorders Court for
said city; to define the powers and duties of said court; to provide for
the election of a Recorder; 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 Cairo, in the County
of Grady, and the granting of a charter to that municipality under
said corporate name and style, approved August 6,1906 (Ga. L. 1906,
p. 573), as amended, is amended by striking from Section 22 the words
GEORGIA LAWS 1982 SESSION
4025
Mayor of said city has while holding his court, and inserting in lieu
thereof the words Recorder of said city has while holding court, so
that said section when so amended shall read as follows:
Sec. 22. Be it further enacted by the authority aforesaid, That in
preparing said list and investigating the qualifications of voters said
registrars shall, after one days notice, give each person a hearing
whose right to vote is questioned, and shall have the same power to
subpoena and compel the attendance of witnesses, hear evidence
under oath, and punish for contempts that the recorder of said city
has while holding court, and they shall have the power to require the
marshal or police of said city to subpoena witnesses and perform
other services necessary to said investigation.
Section 2. Said Act is further amended by striking the words
mayors court from the last sentence of Section 45 and inserting in
lieu thereof recorders court, so that said section when so amended
shall read as follows:
Sec. 45. Be it further enacted by the authority aforesaid, That it
shall be the duty of the marshal, and all regular or special policemen,
to arrest any and all offenders against the laws and ordinances of said
city, and this they may do without a warrant or other formal charge
against them, when the offense is committed in their presence or the
offender is endeavoring to escape, or where they have information
and probable cause to suspect the guilt of any person, or persons, of
any offense against the laws and ordinances of said city, and in all
cases where they have reason to suspect that offenders are secreted or
being harbored they shall have the right to force an entrance into any
place for the purpose of discovering and apprehending the offenders.
The officer, or officers, aforesaid shall hold all offenders until a
hearing can be had before the proper court, and to this end may
imprison said person, or persons, in the city guard-house for a
reasonable length of time. Said officers shall have the authority to
call to their assistance for the arrest of any offenders any citizen of
said city or bystander, and such person, when so summoned, shall be
bound to assist in the arrest; and upon failure to do so shall be liable
to prosecution in the recorders court, and, upon conviction, shall be
punished as the mayor and council may by ordinance provide.
Section 3. Said Act is further amended by striking the words
corporate authorities from Section 46 and inserting in lieu thereof
recorders court so that said section when so amended shall read as
follows:
4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sec. 46. Be it further enacted by the authority aforesaid, That
any person who shall have been arrested for the commission of any
offense against the laws or ordinances of said city may be released by
the arresting officer, or marshal, upon giving bond, with good secu-
rity, payable to said city, conditioned to pay a certain stated sum in
the event said person does not appear before the recorders court of
said city at the time and place specified in the bond for trial, and from
time to time until tried for the offense for which such person was
arrested.
Section 4. Said Act is further amended by striking the word
mayor from Section 47 each time said word appears and inserting in
lieu thereof each time it appears the word recorder, so that said
section when so amended shall read as follows:
Sec. 47. Be it further enacted by the authority aforesaid, That
when any person who has given bond according to the preceding
section shall fail to appear as stipulated in said bond, the recorder
shall declare said bond forfeited, and the clerk shall issue scire facias
directed to the principal and securities requiring them to show cause
before the recorder, at a time specified, why the bond should not be
forfeited, which scire facias shall be served by the marshal of said city,
or by any sheriff or constable of the State, upon the principal and
securities, either in person or by leaving same at their places of abode
at least ten days before the time fixed for the hearing in said cause. If
at the hearing no sufficient reason be shown why the said bond should
not be forfeited, the forfeiture shall be made final and absolute, and
execution may be issued against the principal and securities for the
full amount of the bond, which execution shall be signed and directed
as other executions issuing under the authority of said city, and shall
constitute the same lien upon the property of said parties in this State
as judgments of courts of this State.
Section 5. Said Act is further amended by striking Section 48 in
its entirety and inserting in lieu thereof a new Section 48, which shall
read as follows:
Sec. 48. Be it further enacted by the authority aforesaid, That
the mayor, or, in his absence, the mayor pro tem., shall be the chief
executive officer of said city. He shall see that the laws and ordi-
nances of said city are executed, and shall have power to convene the
council at any time, and shall preside over its meetings. He shall have
the power to administer oaths within the limits of said city, together
GEORGIA LAWS 1982 SESSION
4027
with all other powers conferred by the general laws upon the mayors
of cities of this State.
Section 6. Said Act is further amended by striking Section 49 in
its entirety.
Section 7. Said Act is further amended by striking Section 49A
in its entirety.
Section 8. Said Act is further amended by striking Section 50 in
its entirety.
Section 9. Said Act is further amended by striking Section 17 in
its entirety.
Section 10. Said Act is further amended by adding a new Article
III to read as follows:
ARTICLE III
JUDICIAL BRANCH
RECORDERS COURT
Sec. 49.1. Creation. There is hereby established a court to be
known as the Recorders Court, City of Cairo, which shall have
jurisdiction and authority to try offenses against 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 law; to punish witnesses for nonat-
tendance, and to punish also any person who may counsel or advise,
aid, encourage, or persuade another whose testimony is desired or
material in any proceeding before said court, to go or move beyond
the reach of the process of the court; to try all offenses within the
territorial limits of the City of Cairo 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; to establish bail and recognizances to insure the presence of
those charged with violations and to prescribe the condition of
forfeiture of the same; and to administer oaths and to perform all
other acts necessary and proper to the conduct of said court. The
presiding officer of the Recorders Court is the Recorder who shall be
known as Judge of said Court. Said court shall be convened at such
times as designated by ordinance or at such times as deemed neces-
4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sary to keep current the dockets thereof. The Court shall sit at a place
designated by the Mayor and Council.
Sec. 49.2. Recorder - judge. (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 qualified to vote in Grady County. Until such
time that the mayor and council shall appoint a recorder, the mayor,
or in his absence the mayor pro tem, shall act as recorder. The
compensation of the recorder shall be fixed by the mayor and council.
(2) The Recorder may appoint a recorder pro hac vice to serve in
the absence of the recorder. Said recorder pro hac vice shall have the
same qualifications as the recorder and shall be known as Associate
Judge of said Court.
(3) Before entering on duties of his office, the recorder shall take
an oath before an officer duly authorized to administer oaths in this
state, that he will truly, honestly and faithfully discharge the duties of
his office to the best of his ability without fear, favor, or partiality.
This oath shall be entered upon the minutes of the meeting of the
mayor and council.
Sec. 49.3. Jurisdiction. The recorder shall have power to impose
fines, costs and forfeitures for the violation of any law or ordinance of
the City of Cairo. Said Recorders Court is hereby empowered to
punish violators of the rules, regulations and ordinances of said city
by a fine not exceeding $600.00 and imprisonment not to exceed 60
days, or any combination of the two. Said fines may be collected by
execution issued against all property of the defendant, both real and
personal, if any to be found. Said recorder shall have the authority to
punish for contempt by imposing a fine of $50.00 or imprisonment not
exceeding 30 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
Cairo, 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 a justice of the
peace over offenses against the criminal laws of the state committed
within the corporate limits. Except as may be herein otherwise
specified, the court is specifically invested with all jurisdiction and
powers throughout the entire area within the corporate limits granted.
GEORGIA LAWS 1982 SESSION
4029
by state laws generally to mayors, municipal, recorders, and police
courts, and particularly such laws as authorized the abatement of
nuisances. Said recorder is hereby authorized to administer oaths.
Sec. 49.4. Right of appeal. The right of appeal and procedures
pertaining to appeal bonds to the Superior Court of Grady County
from the recorders court shall lie in the same manner 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, and the city shall be entitled to reimbursement of its
costs therefor.
Sec. 49.5. Court costs. In all cases in the recorders court of the
City of Cairo, the costs incurred and allowable herein may be com-
puted under the provisions of the laws of the State of Georgia fixing
costs in the justice of the peace courts of said state, or the mayor and
council may establish a schedule of fees to defray costs of operation
and the city shall be entitled to reimbursements of the costs, meals,
transportation and caretaking of prisoners bound over to the superior
court for violations of state law. The mayor and council may also
provide a uniform scale of costs of the clerk and police officers of said
city for all services in the arrest and prosecution of offenders in the
recorders court and in the issuance and collection of tax and other
executions; and for their collections and payment into the city
treasury. The recorder is hereby authorized to issue subpoenas to
compel the attendance of witnesses to said recorders court and to
issue such other processes as may be necessary for the proper admin-
istration of said court.
Sec. 49.6. Rules for court. With the approval of the mayor and
council, the recorder shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the business of said court;
provided, however, that the mayor and council may adopt in part or in
toto the rules and regulations relative to the procedures of the
operation of the superior courts under the general laws of the State of
Georgia or other rules and regulations deemed desirable thereby. The
recorder shall have the powers of a superior court judge to control the
proceedings in said court.
Section 11. This Act shall become effective July 1,1982.
4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intent to Introduce Local Legislation.
Pursuant to the request of the Mayor and Council of the City of
Cairo, Georgia, notice is hereby given that there will be introduced in
the regular 1982 Session of the General Assembly of Georgia a bill to
amend the Charter of the City of Cairo, approved August 6, 1906, as
amended, so as to abolish the Mayors Court of the City of Cairo; to
create and establish in lieu thereof a Recorders Court for said city; to
define the powers and duties of said court; to provide for the election
of a Recorder; and for other purposes.
Bobby Long
Representative,
142nd District
State of Georgia.
County of Grady.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bobby Long, who, on oath deposes
and says that he is Representative from the 142nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cairo Messenger which is the official legal
organ of Grady County, Georgia, on the following dates: February 12,
1982, February 19,1982 and February 26,1982.
/s/ Bobby Long
Representative,
142nd District
GEORGIA LAWS 1982 SESSION
4031
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DODGE COUNTY COMPENSATION OF NAMED
COUNTY OFFICERS AND OFFICIALS.
No. 972 (House Bill No. 1931).
AN ACT
To provide for the compensation of certain county officers and
officials of Dodge County; to provide for certain expense allowances;
to provide for annual cost-of-living increases in salary; to provide for
personnel in certain county offices; 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) Notwithstanding any other provisions of law to
the contrary, the following officers of Dodge County shall receive the
following compensation:
(1) County commissioner - $16,000.00 per annum plus any
annual cost-of-living increases received pursuant to subsection (b)
of Section 1 of 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. L. 1977, p. 4268), as amended;
4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Sheriff - $16,000.00 per annum plus any annual cost-
of-living increases received pursuant to subsection (b) of Section 1
of 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.
L. 1977, p. 4268), as amended;
(3) Clerk of the superior court - $16,000.00 per annum plus
any annual cost-of-living increases received pursuant to subsec-
tion (b) of Section 1 of 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. L. 1977, p. 4268), as amended; and
(4) Judge of the probate court - $16,000.00 per annum plus
any annual cost-of-living increases received pursuant to subsec-
tion (b) of Section 1 of 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. L. 1977, p. 4268), as amended.
(b) The annual salaries specified in subsection (a) shall be paid
in equal monthly installments from the funds of Dodge County. Such
annual salaries shall be increased by 2 1/2 percent for each year of
service in such office completed after the effective date of this Act.
(c) Such county officers shall also be entitled to the following
monthly expense allowances paid from county funds:
(1) County commissioner - $300.00;
(2) Sheriff - $100.00;
(3) Clerk of the superior court - $100.00; and
(4) Judge of the probate court - $100.00.
Section 2. (a) (1) The clerk of the Superior Court of Dodge
County is authorized to employ one chief deputy clerk and two
deputy clerks in his office. Such chief deputy clerk and deputy
GEORGIA LAWS 1982 SESSION
4033
clerks shall each receive a base salary to be fixed by the governing
authority of the county upon the recommendation of the clerk of
the superior court plus any longevity increases received by a
person serving as a chief deputy clerk or deputy clerk prior to the
effective date of this Act pursuant to 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. L. 1977, p.
4268), as amended. If the clerk of the superior court and the
governing authority of the county cannot agree as to the base
salary of such chief deputy clerk and deputy clerks, the salary
shall remain the same as the then current base salary.
(2) The base salaries provided for in this subsection 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.
(3) 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 persons who shall serve as chief deputy clerk or
deputy clerks in his office, to prescribe their duties and assign-
ments, and to remove or replace such personnel at will and within
his sole discretion.
(4) In addition to the base salary provided for an employee
of the clerk of the superior court as provided in paragraphs (1) and
(2) of this subsection, 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) (1) The tax commissioner of Dodge County 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 tax commissioner plus any longevity
increases received by a person serving as clerk prior to the
effective date of this Act pursuant to 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
4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
future such census, approved March 30, 1977 (Ga. L. 1977, p.
4268), as amended. If the tax commissioner 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.
(2) The base salaries provided for in this subsection 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.
(3) It shall be within the sole power and authority of the tax
commissioner, 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.
(4) In addition to the base salary provided for an employee
of the tax commissioner as provided in paragraphs (1) and (2) of
this subsection, 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.
(c) The base salary set in accordance with the provisions of
Section 2 for an employee who is employed on the effective date of
this Act shall not be less than the total compensation to which such
employee is entitled on the effective date of this Act.
Section 3. (a) The sheriff of Dodge County 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 prior to the effective date of this Act pursuant to 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. L.
1977, p. 4268), as amended;
GEORGIA LAWS 1982 SESSION
4035
(2) One investigator at a base salary of $1,050.00 per month
plus any longevity increases received by the person serving as the
investigator prior to the effective date of this Act pursuant to 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. L.
1977, p. 4268), as amended;
(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 prior to the effective date of this Act
pursuant to 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. L. 1977, p. 4268), as amended; 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 prior to the effective date of this Act pursuant to 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. L.
1977, p. 4268), as amended. 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 describe their duties and assign-
ments, and to remove or replace such personnel at will and within his
sole discretion.
4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) In addition to the base salary provided for an employee of
the sheriff as provided in subsections (a) and (b) of this section, each
such 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.
Section 4. (a) The judge of the Probate Court of Dodge County
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 prior to the
effective date of this Act pursuant to an Act fixing the salary of
certain county officers in each county in this state having a popula-
tion 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. L. 1977, p. 4268), as amended. 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
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.
(d) In addition to the base salary provided for an employee of
the judge of the probate court as provided in subsections (a) and (b) of
this section, 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.
Section 5. This Act shall become effective November 1,1982.
GEORGIA LAWS 1982 SESSION
4037
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to provide for
the salaries, expense allowances, and cost-of-living adjustments for
the sheriff, tax commissioner, clerk of superior court, judge of probate
court, and the commissioner of Dodge County; to provide for certain
personnel in said offices; and for other purposes.
This 23 day of Jan., 1982.
Terry L. Coleman
Representative,
118th District
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/she is Representative from the 118th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Times Journal-Spotlight
which is the official organ of Dodge County, on the following dates:
January 28,1982, February 4,1982, February 11,1982.
/s/ Terry L. Coleman
Representative,
118th District
4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Vickie L. Thomas
Notary Public.
(Seal).
Approved April 12, 1982.
BROOKS COUNTY FIRE PROTECTION
DISTRICTS.
No. 973 (House Bill No. 1942).
AN ACT
To amend an Act relating to fire protection districts in Brooks
County, approved April 11, 1979 (Ga. L. 1979, p. 4087), so as to limit
the amount of taxes which may be levied without a referendum; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to fire protection districts in Brooks
County, approved April 11,1979 (Ga. L. 1979, p. 4087), is amended by
adding a new Section 1.1 to read as follows:
1.1. The tax levied under this Act in any district shall not exceed
one mill unless a higher rate is approved at a referendum held in the
affected district under the provisions of the Georgia Election Code.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4039
Notice.
Notice is hereby given that Legislation will be introduced at the
regular 1982 session of the Georgia General Assembly to amend an act
authorizing the Governing Authority of Brooks County to establish
Special Fire Protection Districts, approved April 11, 1979 (Georgia
Laws 1979, page 4087) to provide that the mill rate of ad valorem
taxation to be levied for this purpose shall not exceed one mill unless
a higher rate is approved by a majority of qualified voters in a
referendum held for this purpose.
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:
Feb. 24,1982 & March 3 & 10,1982.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY MAGISTRATES COURT.
No. 974 (House Bill No. 1951).
AN ACT
To amend an Act creating the Magistrates Court of Rockdale
County, approved March 13,1978 (Ga. L. 1978, p. 3907), as amended,
so as to change the amount of the fine that the magistrate may impose
for any single offense; 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 Rockdale
County, approved March 13,1978 (Ga. L. 1978, p. 3907), as amended,
is amended by striking Section 14 in its entirety and substituting in
lieu thereof a new Section 14 to read as follows:
Section 14. Fines and punishment. Upon conviction of violation
of any of the ordinances, rules, or regulations set forth by the
governing authority of Rockdale County, the magistrate or judge of
said court may punish such offender by imposing a fine not in excess
of that prescribed by the ordinance or regulation violated and in no
event to exceed the sum of $500.00 for any single offense, by impris-
onment in the county jail for a period not in excess of that prescribed
by the ordinance or regulation violated and in no event to exceed 30
days for any single offense, or by any one or more of these punish-
ments in the discretion of the judge of said magistrates court. The
sheriff of Rockdale County shall receive, confine, feed, and care for
prisoners sentenced by said magistrates court to imprisonment in the
county jail in the same manner as persons charged with an indictable
offense under general laws of this state and subject to the same
penalties for his refusal to receive and take charge of such persons,
except that prisoners received under sentence from said magistrates
court may be confined separately and apart from other classes of
GEORGIA LAWS 1982 SESSION
4041
inmates of said jail as the sheriff may, in his discretion, provide and as
general laws may require.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating the Magistrates Court of Rockdale County, approved
March 13, 1978 (Ga. Laws 1978, p. 3907), as amended; and for other
purposes.
This 18th day of February, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: February 23,
March 2 and 9,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
'CITY OF MAXEYS TERMS OF MAYOR
AND COUNCILMEN.
No. 975 (House Bill No. 1952).
AN ACT
To amend an Act incorporating the City of Maxeys, approved
August 22,1907 (Ga. L. 1907, p. 792), so as to change the terms of the
mayor and councilmen; 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 incorporating the City of Maxeys, approved
August 22,1907 (Ga. L. 1907, p. 792), is amended by replacing Section
6 with a new Section 6 to read as follows:
Section 6. The terms of the mayor and councilmen shall be for
two years beginning on the first day of January following their
election and until their successors are elected and qualified. The
mayor and councilmen shall be elected on the first Monday in
October in 1982 and on the first Monday in October of every even-
numbered year thereafter. Such elections shall be held and con-
ducted in accordance with the Georgia Municipal Election Code.
GEORGIA LAWS 1982 SESSION
4043
Section 2. This Act shall become effective January 1, 1985,
except that the provisions of this Act which are necessary for the
holding of elections in 1982 shall become effective upon the approval
of this Act by the Governor or upon its otherwise becoming effective
without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby served of intent to introduce local legislation for
the purpose of changing the charter of the City of Maxeys and for
other purposes.
Charles C. Mann
State Representative,
District 13
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 Oglethorpe Echo which is the official
organ of Oglethorpe County, on the following dates: Feb. 18 & 25,
1982 & March 4,1982.
/s/ Charles C. Mann
Representative,
13th District
4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MUNICIPAL COURT OF COLUMBUS BONDS
OF CLERK AND MARSHAL.
No. 976 (House Bill No. 1953).
AN ACT
To amend an Act establishing the Municipal Court of Columbus,
Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended,
particularly by an Act approved February 6, 1952 (Ga. L. 1952, p.
2184), so as to change the provisions relating to the bonds of the clerk
and the marshal of said court; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Municipal Court of
Columbus, Georgia, approved August 12,1915 (Ga. L. 1915, p. 63), as
amended, particularly by an Act approved February 6, 1952 (Ga. L.
1952, p. 2184), is amended by striking Section 16 of the amendatory
Act approved February 6, 1952 (Ga. L. 1952, p. 2184), in its entirety
and substituting in lieu thereof a new Section 16 to read as follows:
Section 16. Be it further enacted by the authority aforesaid, that
all the requirements and duties, powers and authority imposed by
law, and conferred upon the clerk and deputy clerk or clerks of
GEORGIA LAWS 1982 SESSION
4045
Muscogee Superior Court, and upon the sheriff and his deputies of
Muscogee County shall be obligatory upon and shall be vested in the
clerk, deputy clerk or clerks, and marshal and deputy marshal or
marshals of said court, respectively, so far as said duties may be
applicable to said court, and except where inconsistent with or
limited by the provisions of this Act defining the jurisdiction of said
court; provided, however, that the amount of the bond of the clerk
and of the marshal shall be $30,000.00 each, and the annual premiums
on such bonds, which are to be approved by the governing authority of
Columbus, Georgia, are to be paid by said governing authority from
the funds of Columbus, Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
Session of the General Assembly of Georgia, a bill to amend an Act
abolishing justice courts and the office of justice of the peace and
notary ex officio justice of the peace, and establishing in lieu thereof a
municipal court in and for the City of Columbus and County of
Muscogee, approved February 6, 1952 (Ga. Laws 1952, p. 2184), as
amended, so as to change the amount of the bond of the clerk and of
the marshall of the said municipal court; to provide an effective date
for said changes in the amount of these bonds; and to repeal conflict-
ing laws; and for other purposes.
This the 18th day of February, 1982.
Thomas B. Buck, III
William J. Smith
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas B. Buck, III who, on oath,
4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he/she is Representative from the 95th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbus Ledger which is the
official organ of Muscogee County, on the following dates: February
22, March 1 and 8,1982.
/s/ Thomas B. Buck
Representative,
95th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
COMPENSATION OF OFFICIALS OF CERTAIN
MUNICIPALITIES (5,150 - 5,300).
No. 977 (House Bill No. 1956).
AN ACT
To fix the compensation of certain officials of cities which have a
population of not less than 5,150 and not more than 5,300; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4047
Section 1. In all cities which have a population of not less than
5,150 and not more than 5,300 according to the federal decennial
census of 1980 or any future such census, the chairman and members
of the city commission shall receive an expense allowance of $50.00
per month. The chairman shall receive a salary of $187.50 per month;
and each other member shall receive a salary of $150.00 per month.
Such salaries and allowances shall be paid monthly from city 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
repealed.
Approved April 12,1982.
CITY OF FORT VALLEY MUNICIPAL COURT
ACT AMENDED.
No. 978 (House Bill No. 1958).
AN ACT
To amend an Act establishing a municipal court in and for the
City of Fort Valley, Georgia, approved August 12, 1914 (Ga. L. 1914,
p. 869), as amended, so as to change the provisions relating to
penalties imposed by such court; to change the provisions relating to
powers of such court; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a municipal court in and for the
City of Fort Valley, Georgia, approved August 12, 1914 (Ga. L. 1914,
p. 869), as amended, is amended by striking Section 3 in its entirety
and inserting in lieu thereof a new Section 3 to read as follows:
4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The recorder or mayor pro tem of said city shall have
authority to punish those in his presence for contempt, provided that
such punishment shall not exceed $25.00. The recorder or mayor pro
tem of said city may fix punishment for offenses within the jurisdic-
tion of the court not exceeding a fine of $500.00 or imprisonment for
30 days, or both. As an alternative to fine or imprisonment, the 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. The recorder or mayor pro tem 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 corporate
limits of the city, which warrants may be executed by any member of
the police force of said city and to try and 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 and for said
county.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1982 Session of the General Assembly of Georgia, a bill to amend an
act creating a new charter for the City of Fort Valley approved August
22,1907 (Ga. Laws 1907, page 651) and for other purposes.
This 23 day of February, 1982.
Bryant Culpepper
State Representative,
District 98
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bryant Culpepper who, on oath,
GEORGIA LAWS 1982 SESSION
4049
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: Feb. 25, March 4,
March 11,1982.
/s/ Bryant Culpepper
Representative,
98th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
EMANUEL COUNTY BOARD OF EDUCATION,
REFERENDUM.
No. 979 (House Bill No. 1959).
AN ACT
To provide for election of members to the Emanuel County Board
of Education; to provide for seven single-member election districts; to
provide for qualifications of the members of the board; to provide for
the manner of election; to provide for filling vacancies; to provide for
a referendum election in Emanuel County at which the voters of
Emanuel County may approve or disapprove of said election proce-
dure; to provide for other matters relative to the foregoing; to provide
4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for an effective date; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of Emanuel County shall be
composed of seven members to be elected as provided in this Act. For
the purpose of electing members of the board, Emanuel County shall
be divided into seven election districts as follows:
Election District No. 1 shall be composed of all that territory
within Emanuel County embraced within the 1429th G. M. District
and the 1560th G. M. District.
Election District No. 2 shall be composed of all that territory
within Emanuel County embraced within the 50th G. M. District, the
58th G. M. District, the 1502nd G. M. District, and the 395th G. M.
District.
Election District No. 3 shall be composed of all that territory
within Emanuel County embraced within the 1748th G. M. District,
the 1452nd G. M. District, the 1208th G. M. District, and the 57th
G. M. District excluding an area bounded as follows: North by a
County Road No. 58 being the road from Blun to the Hawhammock
Church Road; East by the 1333rd G. M. District; South by the 53rd
G. M. District; and West by Georgia State Highway 56.
Election District No. 4 shall be composed of all that territory
within Emanuel County embraced within the 49th G. M. District,
1333rd G. M. District, Swainsboro City Election Ward No. 1, and an
area within the 53rd G. M. District bounded on the North by the
Swainsboro-Canoochee Road; East by the 1333rd G. M. District and
1560th G. M. District; South by the 58th G. M. District; and West by
U. S. Highway No. 1 and the city limits for the City of Swainsboro.
Election District No. 5 shall be composed of all that territory
within Emanuel County embraced within Swainsboro City Election
Ward No. 5 and Swainsboro City Election Ward No. 6.
Election District No. 6 shall be composed of all that territory
within Emanuel County embraced within Swainsboro City Election
Ward No. 2 and an area within the 53rd G. M. District bounded on
the North by the 1208th G. M. District and 57th G. M. District; East
GEORGIA LAWS 1982 SESSION
4051
by the Swainsboro-Canoochee Road; and the 1333rd G. M. District;
South by the city limits of the City of Swainsboro, and U. S. Highway
80 from Swainsboro to Adrian; and West by the 1748th G. M. District
and 1452nd G. M. District; and all of that territory within the 57th
G. M. District bounded on the North by a County Road No. 58 being
the road from Blun to the Hawhammock Church Road; East by the
1333rd G. M. District; South by the 53rd G. M. District; and West by
Georgia State Highway 56.
Election District No. 7 shall be composed of all that territory
within Emanuel County embraced within Swainsboro City Election
Ward No. 3 and Swainsboro City Election Ward No. 4 and an area
within the 53rd G. M. District bounded on the North by U. S.
Highway 80 from Dublin to Adrian; East by the city limits of the City
of Swainsboro and U. S. Highway 1, South from Swainsboro to Oak
Park; South by the 1502nd G. M. District; and West by the 395th
G. M. District, the Little Ohoopee River being the line.
Section 2. There shall be one member of the board elected from
each election district. A person may not offer as a candidate for
election to the board from any election district other than from the
election district in which he or she is a legal resident. The board
member representing each election district shall be elected by the
voters residing in that respective election district. Board members
shall be elected by a majority vote of the registered voters casting
ballots in an election.
Section 3. No person shall be eligible to offer for election to the
board or serve thereon unless that person is at least 21 years of age,
has been a resident of the state at least one year, and has been a
resident of the territory embraced within the election district from
which that person offers as a candidate for at least six months
immediately preceding the date of the election. In the event a
member moves his or her residence from the election district he or she
represents, his or her place on the board shall immediately become
vacant.
Section 4. The term of office of the members presently serving
on the board shall expire at the end of December 31, 1982. At the
general election in 1982, members of the board from Election District
No. 1, Election District No. 3, and Election District No. 7 shall be
elected to take office January 1,1983, for a term of two years and until
their successors are elected and qualified. At the general election of
4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1982, members of the board from Election District No. 2, Election
District No. 4, Election District No. 5, and Election District No. 6
shall be elected to take office January 1,1983, for a term of four years
and until their successors are elected and qualified. Successors shall
be elected to a four-year term in the general election in the year in
which their terms of office expire and shall take office on the first day
of January immediately following their election.
Section 5. At the first meeting of the board in January, 1983, and
at the January meeting biennially thereafter, the board shall elect one
of their members as chairman to serve for a term of two years and
such other officers as the board shall determine. Four members of the
board shall constitute a quorum for the transaction of business. All
members of the board shall be compensated in the amount of $50.00
for each meeting actually attended, plus actual and necessary
expenses incurred in carrying out their official duties.
Section 6. In the event any vacancy occurs on the Board of
Education of Emanuel County, the remaining members of the board
shall select a successor to serve for the unexpired term. In the event a
vacancy occurs in the office of chairman of the board, the remaining
members shall elect from one of their members a new chairman to
serve for the unexpired term. The Board of Education of Emanuel
County created by this Act shall be the successor to all the rights,
powers, duties, and obligations of the old Board of Education of
Emanuel County and shall be subject to all constitutional and statu-
tory provisions relating to county boards of education not in conflict
with this Act.
Section 7. In the event the voters of Emanuel County fail to
approve the election of board members as set forth in this Act, the
Board of Education for Emanuel County shall be appointed by the
Grand Jury of Emanuel County, according to the Constitution and
the laws of the State of Georgia.
Section 8. Not less than five nor more than 60 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 probate judge of Emanuel
County to issue the call for an election for the purposes of submitting
to the voters of Emanuel County the proposals hereinafter provided
relative to the Board of Education of Emanuel County. The probate
judge shall set the date of such election for a day not less than 30 nor
more than 45 days after the date of the issuance of the call. The
GEORGIA LAWS 1982 SESSION
4053
probate judge shall cause the date and purpose of the election and a
copy of this entire Act to be published once a week for two weeks
immediately preceding the date thereof in the official organ of
Emanuel County. The ballot shall be so prepared that the voters shall
have an opportunity to vote Yes or No on the following proposal:
( ) YES Shall the Board of Education of
( ) NO Emanuel County be composed of
seven members with one member
elected from each election district
by the voters residing within that
respective election district?
No voter shall vote for more than one of the above two proposals.
The proposal receiving the most votes shall become effective.
The expense of such election shall be borne by Emanuel County.
It shall be the duty of the probate judge to hold and conduct such
election. He shall hold such election under the same laws and rules
and regulations as govern special elections, except as otherwise
provided herein. It shall be the duty of the probate judge to canvass
the returns and declare and certify the result of the election. It shall
be his further duty to certify the result thereof to the Secretary of
State.
Section 9. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 10. Notwithstanding the provisions contained herein, if
for any other reason this law shall not become effective in time for the
election of school board members as called for herein, said election
shall be delayed until this law becomes effective.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Passage
of Local Legislation.
Notice is hereby given that at the regular 1982 session of the
General Assembly of Georgia, an application will be made to intro-
duce legislation relative to the election of members to the Emanuel
County Board of Education, and for other purposes.
This 16th day of February, 1982.
In Re: Board of Education of Emanuel County.
Georgia, Emanuel County.
Personally before me, the undersigned officer duly authorized to
administer oaths, came William C. Rogers, who on oath deposes and
says that he is the editor and publisher of The Blade, the official
county organ in and for Emanuel County, and that the attached copy
of Notice of Intention to Apply for Local Legislation was published in
The Blade on the following dates: February 24, March 3, and March
10,1982.
/s/ William C. Rogers, Jr.
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Jerry N. Cadle
Notary Public, Georgia, Emanuel County.
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4055
IRWIN COUNTY COMPENSATION OF
DEPUTY SHERIFFS.
No. 980 (House Bill No. 1960).
AN ACT
To amend an Act placing the sheriff of Irwin County on a salary
system of compensation in lieu of the fee system, approved February
28, 1966 (Ga. L. 1966, p. 2241), as amended, so as to change the
provisions relative to the salary of deputy sheriffs; to provide 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 Irwin County on a salary
system of compensation in lieu of the fee system, approved February
28, 1966 (Ga. L. 1966, p. 2241), as amended, is amended by striking
Section 6 in its entirety and inserting in lieu thereof a new Section 6 to
read as follows:
Section 6. The sheriff of Irwin County shall appoint one deputy
who shall have the same qualifications as the sheriff. The deputy
shall be compensated in an amount of not less than $750.00 per month
and not more than $1,150.00 per month, the exact amount of his
salary to be recommended by the sheriff and determined by the
governing authority of Irwin County. The deputy shall be paid in
equal monthly installments from the funds of Irwin County. It shall
be within the power and authority of the sheriff, during his term of
office, to designate and name the person who shall be employed as
such deputy and to prescribe his duties and assignments. The sheriff
or the governing authority of Irwin County may remove such deputy
at any time with or without cause.
Section 2. Said Act is further amended by striking Section 15 in
its entirety and inserting in lieu thereof a new Section 15 to read as
follows:
Section 15. The sheriff of Irwin County may appoint two special
deputies, who shall be qualified under the Georgia law. The special
deputies shall be compensated in an amount of not less than $750.00
per month and not more than $1,150.00 per month, the exact amount
to be recommended by the sheriff and determined by the governing
4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority of Irwin County. The special deputies shall be paid in equal
monthly installments from the funds of Irwin County. It shall be
within the power of the sheriff during his term of office to designate
and maintain the persons who shall be so employed as such special
deputies and to prescribe their duties and assignments. The sheriff or
the governing authority may remove such special deputies at any time
with or without cause.
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
repealed.
Affidavit.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly a bill to change the salary for
the Sheriffs deputies of Irwin County, Georgia; and of the Secretary
to the Sheriffs Office of Irwin County, Georgia; and for other
purposes.
This 17th day of February, 1982.
J. C. Harper, Chairman
of the Board of Commissioners
of 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:
GEORGIA LAWS 1982 SESSION
4057
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 February 18,25 and March 4,1982, as required by law.
This 12th day of March, 1982.
/s/ W. S. Bradford, Jr.
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ J. Harvey Davis
Notary Public.
My Commission Expires 10-12-85.
(Seal).
Approved April 12, 1982.
IRWIN COUNTY COMPENSATION OF CLERK
AND SECRETARY OF BOARD OF COMMISSIONERS.
No. 981 (House Bill No. 1961).
AN ACT
To amend an Act creating a board of commissioners of roads and
revenues for the County of Irwin, approved February 16,1933 (Ga. L.
1933, p. 571), as amended, so as to change the salary provisions
relating to the clerk and the secretary; to provide an effective date; to
repeal conflicting laws; and for other purposes.
4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of roads
and revenues for the County of Irwin, approved February 16, 1933
(Ga. L. 1933, p. 571), as amended, is amended by striking Section 6A
in its entirety and inserting in lieu thereof a new Section 6A to read as
follows:
Section 6A. (a) (1) The board of commissioners shall elect a
clerk of the board of commissioners who shall serve as its clerk and
shall have such duties as are specified by the board and shall hold
office under the control and direction of the board and serve at its
pleasure and may be dismissed by the board at any time and a
successor employed.
(2) The salary of said clerk shall not be less than $135.00 per
week nor more than $280.00 per week, the exact amount to be
determined by the board. The salary shall be paid by warrant
issued by the board as other warrants for county costs and
expenses are paid. Said clerk may, or may not, be required to give
bond in the amount, if required, as fixed by the board, the
premiums on such bond to be paid out of county funds as other
expenses of the county are paid.
(b) (1) The board of commissioners may employ a secretary
who shall serve at the pleasure of the board. The board shall
prescribe the duties of the secretary.
(2) The salary of the secretary shall not be less than $135.00
per week nor more than $280.00 per week, the exact amount to be
determined by the board. The salary shall be paid by warrant
issued by said board as other warrants for county costs and
expenses are paid. Said secretary may, or may not, be required to
give bond in the amount, if required, as fixed by the board, the
premiums on such bond to be paid out of county funds as other
expenses of the county are paid.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4059
Affidavit.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly a bill to change the salary for
the Clerk of the Board of Commissioners for Roads and Revenues of
Irwin County, Georgia; and of the Secretary of the Board of Commis-
sioners for Roads and Revenues of Irwin County , Georgia; and for
other purposes.
This 17th day of February, 1982.
J. C. Harper, Chairman
of the Board of Commissioners
of 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 February 18,25 and March 4,1982, as required by law.
This 12th day of March, 1982.
/s/ W. S. Bradford, Jr.
4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ J. Harvey Davis
Notary Public.
My Commission Expires 10-12-85.
(Seal).
Approved April 12, 1982.
CORONERS COMPENSATION IN CERTAIN
COUNTIES (22,320 - 22,500).
No. 982 (House Bill No. 1962).
AN ACT
To amend an Act changing the compensation of coroners in all
counties of this State having a population of not less than 22,320 and
not more than 22,500, according to the United States decennial
census of 1970, or any future such census, approved March 30, 1977
(Ga. L. 1977, p. 4463), so as to change certain population brackets and
census references; to provide 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 coroners in all
counties of this State having a population of not less than 22,320 and
not more than 22,500, according to the United States decennial
census of 1970, or any future such census, approved March 30, 1977
(Ga. L. 1977, p. 4463), is amended by striking the first phrase of
Section 1 of said Act, which reads as follows:
In all counties of this State having a population of not less than
22,320 and not more than 22,500, according to the United States
Decennial Census of 1970 or any future such census,,
GEORGIA LAWS 1982 SESSION
4061
and inserting in lieu thereof the following:
in all counties of this state having a population of not less than
40,100 and not more than 40,150, according to the United States
decennial census of 1980, or any future such census,.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
WARREN COUNTY COMPENSATION OF
DEPUTY CLERK OF SUPERIOR COURT.
No. 983 (House Bill No. 1963).
AN ACT
To amend an Act placing the clerk of the Superior Court of
Warren County on an annual salary, approved March 11,1963 (Ga. L.
1963, p. 2164), as amended, so as to change the provisions relative to
the compensation of 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 placing the clerk of the Superior Court of
Warren County on an annual salary, approved March 11,1963 (Ga. L.
1963, p. 2164), as amended, is amended by striking in its entirety
subsection (b) of Section 2 and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) The clerk shall be authorized to employ a deputy, from time
to time, as needed by him to assist him in carrying out his duties. Any
such deputy shall be employed by the clerk, and the compensation of
4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said deputy shall be $9,100.00 per annum payable in equal monthly
installments.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act placing the Clerk of the Superior Court of Warren County on a
salary in lieu of the fee system of compensation, approved March 11,
1963, (Ga. L. 1963, p. 2164), as amended, so as to provide for the
compensation of the personnel for said officer, to provide for other
matters relative thereto, and for other purposes.
This 23rd day of February, 1982.
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
Legislation was published in the Warrenton Clipper which is the
official organ of Warren County, on the following dates: Feb. 26,1982
& March 5 & 12,1982.
GEORGIA LAWS 1982 SESSION
4063
/s/ Ben Barron Ross
Representative,
76th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STATE COURT OF MACON COUNTY
COMPENSATION OF JUDGE AND SOLICITOR.
No. 984 (House Bill No. 1965).
AN ACT
To amend an Act relating to the State Court of Macon County,
approved August 22,1907 (Ga. L. 1907, p. 215), as amended, particu-
larly by an Act approved March 10,1970 (Ga. L. 1970, p. 2412), so as
to change provisions relating to the compensation of the judge and
solicitor; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to the State Court of Macon County,
approved August 22,1907 (Ga. L. 1907, p. 215), as amended, particu-
larly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2412), is
amended by replacing Section 4 with a new section to read as follows:
4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. (a) The judge of the court shall be elected by the
voters of Macon County at the general election next preceding the
expiration of the term of his predecessor and shall be commissioned
by the Governor.
(b) The term of office of the judge shall be four years, beginning
on the first day of January after his election.
(c) Any vacancy in the office of judge shall be filled by appoint-
ment of the Governor for the unexpired term.
(d) The salary of the judge shall be fixed by the governing
authority of Macon County in an amount not less than $6,000.00 per
year and paid in equal monthly installments from county funds; but
said salary shall not be reduced during the term of office of any
incumbent or reduced below $6,000.00 per year at any time.
Section 2. Said Act is further amended by replacing Section 8
with a new section to read as follows:
Section 8. (a) Any person who shall be elected solicitor of said
court must, at the time of such election, be at least 23 years of age;
must be a resident of the County of Macon, and must also have been a
practicing attorney at law for at least two years before his election.
(b) The salary of the solicitor shall be fixed by the governing
authority of Macon County in an amount not less than $5,000.00 per
year and paid in equal monthly installments from the funds of Macon
County. Such salary shall not be decreased during an incumbents
term of office or reduced below $5,000.00 per year at any time.
(c) It shall be the duty of each solicitor to represent the state in
the Supreme Court on all writs of error from said court, for which
services he shall be paid out of the treasury of the state; plus travel
expenses to be paid by Macon County.
(d) Said solicitor, before entering on the duties of his office, shall
give bond with good security in the sum of $500.00 conditioned for the
faithful discharge of the duties of his office, and shall take and
subscribe, in addition to the oath required of all civil officers, 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 Macon County; so help me God. Said bond shall be
GEORGIA LAWS 1982 SESSION
4065
payable to the Governor, shall be approved by the judge of the city
court, and shall, together with said oath, be entered on the minutes of
said court by the clerk, and may be sued on by any persons interested.
(e) If for any reason said solicitor shall fail or be disqualified to
act in any case or there shall be a vacancy in said office, the court shall
appoint a solicitor pro tempore.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
Act relating to the State Court of Macon County, approved August
22,1907 (Ga. L. 1907, p. 215), as amended; and for other purposes.
This 17th day of February, 1982.
Lewis H. McKenzie
Senator, 14th District
Ed Barker
Senator, 18th District
Bryant Culpepper
Representative,
98th District
Larry Walker
Representative,
115th 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
4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Citizen and Georgian which is the
official organ of Macon County, on the following dates: Feb. 24,1982
& March 3 & 10,1982. .
/s/ Larry Walker
Representative,
115th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
COBB COUNTY MEETINGS OF
BOARD OF EDUCATION.
No. 985 (House Bill No. 1966).
AN ACT
To amend an Act changing the boundaries of the seven education
districts of the Cobb County School District, approved March 28,
1974 (Ga. L. 1974, p. 3516), as amended by an Act approved April 11,
1979 (Ga. L. 1979, p. 3851) and an Act approved April 6,1981 (Ga. L.
1981, p. 4176), so as to provide that the board of education of Cobb
County may conduct its meetings at any location within Cobb County
and, for special purposes, outside the limits of Cobb County; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
4067
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. L. 1974, p. 3516), as amended by an Act approved April 11,
1979 (Ga. L. 1979, p. 3851) and an Act approved April 6,1981 (Ga. L.
1981, p. 4176), is amended by adding a new section immediately
following Section 2, to be designated Section 2A, to read as follows:
Section 2A. The board of education of Cobb County shall have
the authority to conduct its meetings at any suitable location within
Cobb County and, for special purposes, may schedule or attend
meetings outside of Cobb County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
\
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
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
4068 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: Jan. 15, 22 & 29,1982.
/s/ Ken Nix
Representative,
20th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
ATHENS-CLARKE COUNTY MAGISTRATES
COURT APPEALS.
No. 986 (House Bill No. 1673).
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,
GEORGIA LAWS 1982 SESSION
4069
approved March 30, 1977 (Ga. L. 1977, p. 4450), as amended, so as to
provide that appeals of civil cases from that court shall be to the State
Court of Clarke County, Georgia; to provide for the law of pleading,
practice, and procedure for such 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 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. L. 1977, p. 4450), as amended, is
further amended by deleting from the last sentence of Section 3 of
that Act the following:
and appeal,
and by adding at the end of Section 3 the following:
Appeals of civil cases from this court shall be to the State Court
of Clarke County under such law of pleading, practice, and procedure
as may be provided by law pertaining to the State Court of Clarke
County.,
so that when so amended Section 3 of that Act shall read as follows:
Section 3. This court and the judge thereof shall have all powers
to do all acts which justices of the peace now or may hereafter be
authorized to do under the law of Georgia, and shall have jurisdiction
as to subject matter to try and to dispose of all cases wherein the law
jurisdiction is conferred upon justices of the peace and justice courts,
in the jurisdiction therein and thereover as to the amount shall
extend to all cases wherein the principal amount shall be two
thousand dollars ($2,000.00) or less. All proceedings and procedures
not limited to but including those relative to pleadings, issuance of
summons and warrants, committal hearings, trial by the court, trial
by jury, and certiorari shall be the same as is now or may hereafter be
provided for justices of the peace and justice courts under the laws of
this State, except as otherwise provided in this Act. Appeals of civil
cases from this court shall be to the State Court of Clarke County
under such law of pleading, practice, and procedure as may be
provided by law pertaining to the State Court of Clarke County.
4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective July 1,1982, and shall
apply to the appeals of judgments entered in all civil cases on or after
that date.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in
the 1982 Session of the General Assembly of Georgia to amend an Act
creating the Athens-Clarke County Magistrates Court, approved
March 30,1977 (Ga. Laws 1977, p. 4450), as amended.
This 23rd day of December, 1981.
Board of Commissioners
of Clarke County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hugh Logan who, on oath, deposes
and says that he/she is Representative from the 62nd 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: Dec. 23 & 31,1981 &
Jan. 7,1982.
/s/ Hugh Logan
Representative,
62nd District
GEORGIA LAWS 1982 SESSION
4071
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STATE COURT OF CLARKE COUNTY ACT
AMENDED.
No. 987 (House Bill No. 1675).
AN ACT
To amend an Act establishing a City Court in the County of Clarke
(now known as the State Court of Clarke County, Georgia) approved
September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to
provide that the judge of that court shall not engage in the private
practice of law; to provide for compensation of the judge; to provide
for an assistant solicitor of the court, and the appointment, qualifica-
tions, powers, duties, and compensation thereof; to provide that the
court shall have jurisdiction to hear and try appeals of civil cases from
the Athens-Clarke County Magistrates Court; to provide for the rules
of practice, pleading, and procedure for such 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 establishing a City Court in the County of
Clarke (now known as the State Court of Clarke County, Georgia),
approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, is
further amended by deleting in its entirety Section XLI of that Act,
which reads as follows:
4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section XLI. The Judge of the City Court may practice law in
any of the Courts of this State, or the United States, except the City
Court and the Supreme Court, on writs of error from the City Court.,
and inserting in lieu thereof a new Section XLI to read as follows:
Section XLI. Any other provisions of this Act to the contrary
notwithstanding, the Judge of the State Court of Clarke County shall
not engage in the practice of law. The Judge of the State Court of
Clarke County shall be paid, in equal monthly installments from
Clarke County funds, an annual salary in an amount not less than
Thirty Five Thousand Five Hundred Dollars ($35,500.00). The gov-
erning authority of Clarke County is hereby authorized to increase
that salary by the adoption of a resolution providing for such
increase.
Section 2. That Act is further amended by adding a new section
to the Act between Section IV and Section V, to be designated Section
IV. 1, to read as follows:
Section IV. 1. The Solicitor of the State Court of Clarke County
is authorized to appoint an Assistant Solicitor who shall serve at the
pleasure of the Solicitor of the State Court. The Assistant Solicitor
shall have been a resident of Clarke County for a period of not less
than one year immediately preceding his or her appointment, shall be
at least 21 years of age at the time of appointment, and shall be an
active member of the State Bar of Georgia. The Assistant Solicitor
shall, before assuming office, take the same oath of office as pre-
scribed for the Solicitor. The Assistant Solicitor shall have such
authority as may be delegated to him or her by the Solicitor and, when
acting on behalf of the Solicitor, shall have the same power and
authority as that vested in the Solicitor. The compensation of the
Assistant Solicitor shall be established by the governing authority of
Clarke County after consultation with the Solicitor and shall be paid
from county funds.
Section 3. This Act is further amended by adding, between
Section XLV and Section XLVI of the Act, a new section, to be
designated Section XLV.l, to read as follows:
Section XLV.l. The State Court of Clarke County shall have
jurisdiction to hear and try appeals of civil cases from the Athens-
Clarke County Magistrates Court and such appeals shall be governed
GEORGIA LAWS 1982 SESSION
4073
by the law pertaining to pleading, practice, and procedure that now or
hereafter applies to appeals of civil cases from Justice Courts to the
Superior Courts, except that the provisions of this Act regarding the
number of jurors in civil cases shall apply to such appeals.
Section 4. This Act shall become effective on July 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in
the 1982 Session of the General Assembly of Georgia to amend an Act
establishing a City Court in the County of Clarke (now known as the
State Court of Clarke County), approved September 9, 1879 (Ga.
Laws 1878-1879, p. 291), as amended.
This 23rd day of December, 1981.
Board of Commissioners of
Clarke County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hugh Logan who, on oath, deposes
and says that he/she is Representative from the 62nd 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: Dec. 23, 31, 1981 &
Jan. 7,1982.
/s/ Hugh Logan
Representative,
62nd District
4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
COBB COUNTY CIVIL SERVICE BOARD
MEMBERS, ETC.
No. 988 (House Bill No. 1677).
AN ACT
To amend an Act to authorize the establishment of a civil service
system in Cobb County for persons receiving salary and wages in
whole or in part from Cobb County, approved March 10,1964 (Ga. L.
1964, p. 2502), as amended, so as to change the qualifications of
members of the Cobb County Civil Service Board; to change the
provisions relating to the election of candidates to said board in run-
off elections; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to authorize the establishment of a civil
service system in Cobb County for persons receiving salary and wages
in whole or in part from Cobb County, approved March 10,1964 (Ga.
L. 1964, p. 2502), as amended, is amended by striking Section 3 in its
entirety and inserting in lieu thereof a new Section 3 to read as
follows:
Section 3. (a) There is hereby created and established the Cobb
County Civil Service Board which shall consist of five members who
GEORGIA LAWS 1982 SESSION
4075
shall have been residents of Cobb County for two years or more
immediately prior to the date of taking office and who shall hold no
other elective, appointed, or salaried public office or position, either
federal, state, county, or municipal, either during the six month
period next preceding his appointment or for the duration of the
term. The present members of the Civil Service Board shall serve the
remainder of their terms and until their successors shall be duly
appointed as provided herein and shall constitute post numbers 1, 2,
3,4, and 5 as presently designated.
(b) Upon the expiration of the terms of post numbers 3 and 4,
the governing authority shall appoint the successors for terms of four
years each.
(c) Upon the expiration of the terms of the persons holding post
numbers 1 and 5, the successors and all subsequent successors shall
serve for terms of four years and shall be filled by secret ballot
election by all the employees of Cobb County who are at that time
under the civil service system of Cobb County. Any person desiring to
appear as a candidate on the ballot for such election shall announce
his candidacy in writing to the chairman of the Cobb County Board of
Commissioners at least three weeks prior to the election which shall
be held two weeks prior to the expiration of the term of the post
subject to election. The chairman of the Cobb County Board of
Commissioners shall cause notice of such candidacy to be given to all
department heads, who shall post such notice in a conspicuous place
for examination by all department employees. The election shall be
administered by the chairman of the Cobb County Board of Commis-
sioners or his designee. The ballot shall provide voters a choice to
reject the entire slate of candidates appearing on the ballot. A voter
may vote affirmatively in favor of an individual or he may reject the
entire slate, but he may not do both. If no persons receives a majority
of votes cast, then a run-off election between the two top candidates
shall be held two weeks from the date of the first election. The
candidate receiving a majority of votes cast in the run-off election
shall be the new member of the board. Notice of the time, date and
place of the run-off election, together with the names of the candi-
dates, shall be given in the manner above provided.
(d) Upon the expiration of the term of the person holding post
number 2, the successor and all subsequent successors shall serve for
terms of four years such and shall be appointed by majority vote of
the persons holding post numbers 1, 3, 4, and 5. A quorum for the
4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
purposes of this vote shall be three members. The chairman of the
Cobb County Board of Commissioners shall cast a vote in the event of
a deadlock.
(e) All vacancies occurring in any post herein provided for shall
be filled in the same manner as was the appointment of a member of
the post in which the vacancy occurred. Any member of the board
shall be subject to reappointment. No member of said civil service
board may be removed prior to the expiration of his term except for
cause after having been granted a notice and afforded a hearing
before the governing authority of said county. Prior to said hearing,
said member shall be served personally or by registered or certified
mail addressed to his residence as shown in the files of said governing
authority at least ten days before the date set for hearing with written
specification of charges against him. The five members of said civil
service board shall designate one of their number as chairman and
another as vice-chairman. Members of said civil service board shall
be paid a sum of $150 per month.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
act creating the Civil Service System of Cobb County, Georgia (Ga. L.
1963, p. 685) and for other purposes.
This 31st day of Dec., 1981.
GEORGIA LAWS 1982 SESSION
4077
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: Dec. 31,1981, Jan. 8,
15,22,29,1982.
/s/ Ken Nix
Representative,
20th District
Sworn to and subscribed before me,
this 18th day of February, 1982.
/s/ Lounell R. Jones
Notary Public, Georgia State at Large.
My Commission Expires March 27, 1982.
(Seal).
Approved April 12, 1982.
4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY DEVELOPMENT AUTHORITY
ACT AMENDED.
No. 989 (House Bill No. 1679).
AN ACT
To amend an Act creating the Henry County Development
Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as
amended, so as to provide for the appointment of the members of the
authority; to provide for the selection of the officers of the authority;
to provide for the filling of vacancies on the authority; to provide that
all actions of the authority must be approved by three members of the
authority; to provide that no member of the authority may hold other
public office; to provide for employees of the authority; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Henry County Development
Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as
amended, is amended by striking Section 4 of said Act in its entirety
and inserting in lieu thereof a new Section 4 to read as follows:
Section 4. (a) The authority shall consist of five members
appointed by the board of commissioners of Henry County. One
member shall be appointed from each commissioner district in Henry
County. The first members of the authority appointed under this
section shall be appointed at the first meeting of the board of
commissioners held in January, 1983. The five members so appointed
shall serve for terms of office of two years and until their successors
are appointed and qualified. Thereafter, successors shall be
appointed by the board of commissioners every two years at the first
meeting of the board held in January. Successors shall be appointed
for terms of office of two years and until their successors are
appointed and qualified. The members of the authority who are in
office on May 1,1982, shall continue to serve until December 31,1982,
and until their successors are appointed and qualified as hereinabove
provided. All members of the authority are eligible for reappoint-
ment if otherwise qualified. At the first meeting of the authority in
January each year, the members of the authority shall select a
chairman, a vice chairman, a secretary, and a treasurer. All officers of
the authority shall be members of the authority. All members of the
GEORGIA LAWS 1982 SESSION
4079
authority shall be citizens of the United States, shall be at least 21
years of age, shall have been a resident of this state for two years, and
shall have been a resident of Henry County for one year.
(b) If a vacancy shall occur on the authority for any reason, the
board of commissioners of Henry County shall appoint a member to
fill such vacancy. The member so appointed shall serve for the
unexpired term.
(c) Three members of the authority shall constitute a quorum
for conducting business; however, no action shall be taken by the
authority unless approved by three members of the authority.
(d) Each member of the authority shall receive as compensation
for his services an amount not to exceed $100.00 per month, the exact
amount to be determined by the governing authority of Henry
County. Each member of the authority shall also be reimbursed in
full for all reasonable expenses incurred in connection with the
performance of activities that serve the purposes for which the
authority was created. All such reimbursements shall be approved by
the authority, and the governing authority shall approve all reimburs-
ements once the aggregate total of all reimbursements exceeds
$100.00 for a given month.
(e) Prior to taking office the members of the authority shall
subscribe to the following oath:
T do solemnly swear that I will fully and fairly perform the
duties as a member of the Henry County Development Authority,
so help me God.
(f) The authority shall have perpetual existence as provided in
this Act.
(g) Effective January 1, 1985, no member of the authority shall
hold any appointed or elected local, state, or federal public office.
Section 2. Said Act is further amended by striking paragraph (4)
of Section 6 of said Act in its entirety and inserting in lieu thereof a
new paragraph (4) to read as follows:
(4) To have and exercise usual powers of private corporations
except such as are inconsistent with the provisions of this Act,
4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
including the power to appoint and hire agents and employees and to
provide for their duties and compensation. Such agents and employ-
ees shall serve at the pleasure of the authority; however, the authority
shall adopt as a guideline the personnel policies of equal employment
opportunity and affirmative action presently used by the governing
authority of Henry County. The authority shall also have the power
to adopt and amend a corporate seal and bylaws and regulations for
the conduct and management of the authority;.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend the
Henry County Development Authority Act, approved March 28,
1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act
approved April 10,1975, (Ga. L. 1975, p. 2833), and an Act approved
March 7,1980 (Ga. L. 1980, p. 3087); and for other purposes.
This 5 day of January, 1982.
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 13, 20 and 27,
1982.
GEORGIA LAWS 1982 SESSION
4081
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 18th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
HENRY COUNTY WATER AND SEWERAGE
AUTHORITY ACT AMENDED.
No. 990 (House Bill No. 1681).
AN ACT
To amend an Act creating the Henry County Water and Sewerage
Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as
amended, so as to provide for the membership of the authority; to
provide for the selection of officers of the authority; to provide that all
actions of the authority must be approved by a majority of all
members of the authority; to provide that no member of the authority
may hold other public office; to provide that certain actions of the
authority shall be approved and executed by the board of commis-
sioners of Henry County; to provide for employees of the authority; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating the Henry County Water and
Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588),
as amended, is amended by striking Section 4 of said Act in its
entirety and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. (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.
(b) The authority shall consist of five members appointed by the
board of commissioners of Henry County. One member shall be
appointed from each commissioner district in Henry County. The
first members of the authority appointed under this section shall be
appointed at the first meeting of the board of commissioners held in
January, 1983. The five members so appointed shall serve for terms
of office of two years and until their successors are appointed and
qualified. Thereafter, successors shall be appointed by the board of
commissioners every two years at the first meeting of the board held
in January. Successors shall be appointed for terms of office of two
years and until their successors are appointed and qualified. The
members of the authority who are in office on May 1, 1982, shall
continue to serve until December 31,1982, and until their successors
are appointed and qualified as hereinabove provided.
(c) At the first meeting of the authority in January each year, the
members of the authority shall organize and select a chairman, a vice
chairman, and a secretary. All officers of the authority shall be
members of the authority. The authority shall report their actions to
the board of commissioners 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.
(e) Three members of the authority shall constitute a quorum
for the transaction of business, and they shall have the right to meet
whenever they shall deem it in the best interest of the authority.
Notice of such meeting shall be given each member in writing at least
three days before such meeting, and a majority of the authority or the
chairman may call such meeting upon giving the required notice. No
action shall be taken by the authority unless approved by three
members of the authority, and no bonds shall be issued, loans made,
GEORGIA LAWS 1982 SESSION
4083
applications for grants processed, or any similar transaction entered
into unless approved and executed by the board of commissioners of
Henry County.
(f) The officers of the authority shall serve at the pleasure of the
authority.
(g) Effective January 1, 1985, no member of the authority shall
hold any appointed or elected local, state, or federal public office.
Section 2. Said Act is further 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. The authority shall have the power to employ and
discharge its employees at its pleasure; however, the authority shall
adopt as a guideline the personnel policies of equal employment
opportunity and affirmative action presently used by the governing
authority of Henry County. The authority shall make quarterly
reports to the county governing authority of all money it has received
and expenditures made in the operation of said water system.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Henry County Water and Sewerage Authority, approved
March 28,1961 (Ga. L. 1961, p. 2588), as amended, particularly by an
Act approved April 17, 1973 (Ga. L. 1973, p. 3519), an Act approved
March 23,1977 (Ga. Laws 1977, p. 4129), and an Act approved April 6,
1981 (Ga. L. 1981, p. 4011); and for other purposes.
This 5 day of January, 1982.
4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 13, 20 and 27,
1982.
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 18th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4085
CHATTOOGA COUNTY DISPOSAL OF
COUNTY PROPERTY.
No. 991 (House Bill No. 1689).
AN ACT
To amend an Act creating the office of commissioner of Chattooga
County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended,
so as to change procedures for disposal of county property; to provide
for sales by public auction; 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
Chattooga County, approved March 6,1956 (Ga. L. 1956, p. 2899), as
amended, is amended by replacing Section 11 with a new Section 11
to read as follows:
Section 11. It shall be unlawful for the commissioner to sell any
county property, real or personal, which may lawfully be sold, except
by public auction or by competitive sealed bids, after advertisement
for such bids or advertisement of such auction in the official organ of
Chattooga County once a week for the three weeks immediately
preceding the date of the auction or the date on which such bids must
be submitted. Such advertisements shall give a complete description
of the property being offered for sale. Such advertisements shall be
given to the official organ by the commissioner and shall be paid for
from the funds of Chattooga County. The highest bid at auction or
the highest sealed bid submitted must be accepted. A file of all bids
received shall be retained for a period of two years by the clerk and
shall be open to public inspection at any time within such two-year
period.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the office of commissioner of Chattooga County, approved
March 6, 1956 (Ga. L. 1956, p. 2899), as amended, so as to change
procedures for disposal of surplus county property; and for other
purposes.
This 27th day of Jan. 1982.
John G. Crawford
Representative,
5th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John 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 Legisla-
tion was published in the Summerville News which is the official
organ of Chattooga County, on the following dates: Jan. 28, 1982 &
Feb. 4,11,1982.
/s/ John Crawford
Representative,
5th District
Sworn to and subscribed before me,
this 19th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4087
BRUNSWICK-GLYNN COUNTY CHARTER
COMMISSION TIME IN WHICH TO
COMPLETE WORK.
No. 992 (House Bill No. 1690).
AN ACT
To amend an Act creating the Brunswick-Glynn County Charter
Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3850), 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.
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. L. 1979, p. 3378), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3850), is amended by striking from subsection (a) of Section 8 of
said Act wherever it appears in said subsection the following:
September 30,1982,
and inserting in lieu thereof the following:
September 30,1983,
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, 1983, or, in the event said Charter Commission
4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, 1983. 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating the Brunswick-Glynn County Charter Commission,
approved April 11,1979, (Ga. Laws 1979, p. 3378), as amended by an
Act approved March 25, 1980, (Ga. Laws 1980, p. 3950); as amended
by an Act approved April 6, 1981, (Ga. Laws 1981, p. 3850); and for
other purposes.
This 29 day of January, 1982.
Dean Auten
Representative,
154th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Dean 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
GEORGIA LAWS 1982 SESSION
4089
Legislation was published in the Brunswick News which is the official
organ of Glynn County, on the following dates: Feb. 1,8 & 15,1982.
/s/ Dean Auten
Representative,
154th District
Sworn to and subscribed before me,
this 19th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF GARDEN CITY CHARTER
AMENDED.
No. 993 (House Bill No. 1702).
AN ACT
To amend an Act creating a new charter for the City of Garden
City, approved April 17,1973 (Ga. L. 1973, p. 3581), as amended, so as
to provide that the council may appoint more than one recorder pro
tem in the recorders court; to provide that the mayor pro tern shall be
an ex officio justice of the peace; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating a new charter for the City of Garden
City, approved April 17, 1973 (Ga. L. 1973, p. 3581), is amended by
striking Section 4.11 of said Act in its entirety and substituting in lieu
thereof a new Section 4.11 to read as follows:
Section 4.11. Recorder; Recorders Pro Tem. (a) The Council
shall appoint a Recorder and one or more Recorders Pro Tem at its
organization meeting to serve for terms of two (2) years and until their
successors are elected and qualified. The Mayor may be a Recorder
Pro Tem. The Council shall fix the compensation of the Recorder and
the Recorders Pro Tem.
(b) The Recorders Pro Tem shall serve in the absence or disabil-
ity of the Recorder.
(c) Before entering on the duties of their offices, the Recorder
and Recorders Pro Tem shall take an oath before an officer duly
authorized to administer oaths in this State, that they will truly,
honestly and faithfully discharge the duties of their offices to the best
of their ability without fear, favor, or partiality. The oath shall be
entered upon the minutes of the Council.
Section 2. Said Act is further amended by striking Section 4.16
of said Act in its entirety and substituting in lieu thereof a new
Section 4.16 to read as follows:
Section 4.16. Powers. The Mayor, Mayor Pro Tem, Recorder,
and Recorders Pro Tem shall have ex officio the powers of a justice of
the peace to issue warrants for the violation of criminal laws of the
State committed in Garden City, to commit offenders on examination
to jail or to bail them in the case of a bailable offense to appear before
the court having jurisdiction, or to exercise any other power or
authority of a justice of the peace as provided by law.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legislation in
the 1982 Session of the General Assembly of Georgia to amend an Act
GEORGIA LAWS 1982 SESSION
4091
creating the charter of Garden City, Georgia (Ga. Laws 1973, page
3581, et. seq.), as amended, to provide that the Mayor Pro Tem shall
have ex officio the powers of a justice of the peace to issue warrants
for the violation of laws committed in Garden City, Georgia, or to
exercise any other power or authority of a justice of the peace as
provided by law, and for other purposes.
Charles L. Sparkman
City Attorney for
Garden City, Georgia
State of Georgia.
Chatham County.
Personally appeared before me Veronica T. Brown to me known,
who being by me sworn, deposes and says: That he is the Legal Agent,
of Southeastern Newspapers Corporation, a Georgia corporation,
doing business in Chatham County, Georgia, under the trade name of
Savannah News-Press; that said corporation is the publisher of the
Savannah Evening Press, a daily newspaper published in said county;
that he is authorized to make affidavits of publication on behalf of
said publisher corporation; that said newspaper is of general circula-
tion in said county and in the area adjacent thereto. That he has
reviewed the regular editions of the Savannah Evening Press pub-
lished on Jan. 30,1982, Feb. 6,1982 and Feb. 13,1982, and finds that
the following advertisement, to wit appeared in each of said editions.
/s/ Veronica T. Brown
(Deponent)
Sworn to and subscribed before me,
this 12th day of February, 1982.
/s/ Elizabeth A. Borg
Notary Public, Chatham County, Ga.
My Commission Expires April 7, 1985.
(Seal).
Approved April 12, 1982.
4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LINCOLN COUNTY CHAIRMAN OF BOARD OF
COMMISSIONERS.
No. 994 (House Bill No. 1705).
AN ACT
To amend an Act creating a board of commissioners of roads and
revenues of Lincoln County (now board of commissioners of Lincoln
County), approved February 25, 1949 (Ga. L. 1949, p. 1228), as
amended, 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 of roads
and revenues of Lincoln County (now board of commissioners of
Lincoln County), approved February 25, 1949 (Ga. L. 1949, p. 1228),
as amended, is amended by striking Section 3 in its entirety and
inserting in lieu thereof a new Section 3 to read as follows:
Section 3. The chairman of the board shall receive a salary from
the general funds of said county in the sum of $15,500.00 per year,
payable monthly. In addition to said sum, the chairman shall receive
an additional 2 1/2 percent of his salary for each year of service as
chairman of the board completed after July 1, 1982. Said chairman
shall, during his term of office, devote his full time to the said
position.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4093
Notice of Intention to Introduce Local Legislation.
Upon the recommendation of the Lincoln County Grand Jury
sitting at the January Term, 1981, that the salary of the Chairman of
the Lincoln County Commissioners be raised, and of the Lincoln
County Grand Jury sitting at the July Term, 1981, as follows:
We, the Grand Jury recommend to Representative Ben Ross to
petition the General Assembly to raise the annual salary of the
Chairman of the County Commissioners to the annual salary of
$15,500.00, which is equivalent to salaries of the Clerk of Superior
Court, Probate Judge, and the Sheriff.
Notice is hereby given that there will be introduced at the 1982
Session of the General Assembly of Georgia, a bill to amend an Act
creating the Board of Commissioners of Lincoln County, Georgia,
approved February 25, 1949 (Ga. Laws 1949, p. 1228, as amended) so
as to increase the salary of the Chairman of the Board of Commis-
sioners to $15,500.00; to repeal conflicting laws; and for other pur-
poses.
This 18th day of January, 1982.
Ben Barron Ross
Representative
Walker T. Norman, Chairman
J. A. Bentley, Member
Talmadge B. Reed, Member
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: Jan. 21, 28, 1982 &
Feb. 4,1982.
4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Ben Barron Ross
Representative,
76th District
Sworn to and subscribed before me,
this 22nd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
HENRY COUNTY BOARD OF COMMISSIONERS
ACT AMENDED.
No. 995 (House Bill No. 1710).
AN ACT
To amend an Act providing for a board of commissioners of Henry
County, approved March 28,1974 (Ga. L. 1974, p. 3680), as amended,
so as to create the office of county administrator; to provide for the
qualifications, powers, duties, and responsibilities of the county
administrator; to provide for other matters relative to the foregoing;
to create the position of deputy county clerk; to change the amount of
purchases which can be made without taking bids; to provide for
emergencies; to provide that certain persons shall not serve in certain
dual capacities; 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
Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as
GEORGIA LAWS 1982 SESSION
4095
amended, is amended by adding between Section 8 and Section 9 the
following:
Section 8.1. Effective January 1,1985, no employee of the county
shall serve as an elected local, state, or federal public official, and no
employee shall serve as an appointed member of any county board or
authority.
Section 8.2. (a) There is created the position of county adminis-
trator of Henry County, Georgia. The county administrator shall be
the chief administrative officer and head of the administrative branch
of county government. The county administrator shall serve at the
pleasure of the board of commissioners. The board of commissioners
of Henry County shall select and appoint a county administrator, who
shall receive such compensation as may be prescribed by the board of
commissioners. The county administrator must devote all of his
working time and attention to the affairs of the county and shall be
responsible to the board of commissioners for the efficient adminis-
tration of all of the affairs of the county over which he has jurisdic-
tion.
(b) No person shall be chosen as county administrator before he
shall have attained his twenty-first birthday. He shall be of good
character and of proven executive ability and experience. The county
administrator shall be chosen by the board of commissioners solely on
the basis of his executive and administrative qualifications with
special reference to his actual experience in or his knowledge of
accepted practice with respect to the duties of his office as hereinafter
outlined. At the time of his appointment he need not be a resident of
the county or state but, during his tenure of office, he shall reside
within the county. No person elected to membership on the board of
commissioners shall, subsequent to such election, be eligible for
appointment as county administrator until one year has elapsed
following the expiration of the commissioner term for which he was
elected.
(c) The county administrator shall be appointed for an indefi-
nite term and shall serve at the pleasure of the board of commis-
sioners. Any action of the board in suspending or removing the
county administrator shall be final.
(d) The board of commissioners may designate a person or
persons to perform the functions and duties of the county administra-
4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tor during his absence, disability, or suspension. Vacancies in the
office of county administrator shall be filled by the board of commis-
sioners as early as practicable and, until such vacancy is filled, the
board of commissioners shall have full powers to make a temporary
appointment or to perform the functions and duties of his office.
(e) (1) It shall be the duty of the county administrator to
supervise the administration of the affairs of the county and to see
that the ordinances, resolutions, and regulations of the board of
commissioners and the laws of the state are faithfully executed
and enforced.
(2) The county administrator shall have the power to
remove all employees of the county, except the county attorney,
and members of the boards, commissions, and authorities, who
shall be removed by the board of commissioners.
(3) To exercise administrative authority and supervision
over all departments and personnel under the jurisdiction of the
board of commissioners.
(4) To require reports from heads of departments and other
employees entrusted with administrative duties or exercising dis-
cretion. The county administrator shall have at all times the
authority to examine all books and records of every officer and
department of the county under the jurisdiction of the board of
commissioners.
(5) To attend all meetings of the board of commissioners
with a right to take part in the discussions but having no vote.
(6) To recommend to the board of commissioners for adop-
tion such measures as he may deem necessary or expedient.
(7) To supervise the performance of all contracts made by
any person, company, or corporation for work done for the Henry
County Board of Commissioners.
(8) The county administrator, or his authorized designee,
shall be the purchasing agent of materials and supplies for the
county under such rules and regulations as may be imposed by the
board of commissioners. If said purchasing agent is a person other
than the county administrator, that person, before entering upon
GEORGIA LAWS 1982 SESSION
4097
the discharge of his duties, shall execute a bond with a solvent
sureties company licensed to do business in Henry County in an
amount to be approved by the board of commissioners but not less
than $25,000.00, payable to Henry County, conditioned for the
faithful performance of his duties and to secure against corrupt-
ion, malfeasance, misappropriations, or unlawful expenditures.
The premium on said bond shall be paid for by Henry County.
(9) To act as budget officer and submit to the board of
commissioners for their approval, 30 days before the beginning of
each fiscal year, a proposed operating budget for the next fiscal
year showing budget revenues and expenditures during the pre-
ceding fiscal year; appropriations and estimated revenue and
recommended expenditures for the next fiscal year; recommended
salaries; proposed capital expenditures; recommended tax levy;
and such other information and data as may be considered neces-
sary by the board of commissioners.
(10) To keep the board of commissioners fully advised at all
times as to the financial condition and needs of the county.
(11) To make or cause to be made a full written report to the
board of commissioners each month showing the operations and
expenditures of each department of the county government for
the preceding month.
(12) To serve as personnel director in the supervision and
administration of the countys personnel system for county
employees.
(13) To delegate purely administrative duties to subordi-
nates in the county government whose work the county adminis-
trator shall supervise and direct; provided, however, the delega-
tion or assignment of duties to subordinates shall not relieve the
county administrator from his responsibilities for administration
of county affairs.
(14) To perform such other duties as may be prescribed by
this Act or other duties as may from time to time be required by
the board of commissioners.
(f) The county administrator, before entering upon the dis-
charge of his duties, shall execute a bond with a solvent sureties
4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
company licensed to do business in Henry County in an amount to be
approved by the board of commissioners but not less than $25,000.00,
payable to Henry County, conditioned for the faithful performance of
his duties and to secure against corruption, malfeasance, misappro-
priations, or unlawful expenditures. The premium on said bond shall
be paid for by Henry County.
(g) The county administrator shall not engage in or be concerned
with local partisan politics or any local political campaign. He shall
not contribute to any local campaign fund or solicit funds for local
political purposes from any other person. He shall not be eligible for
election as a member of the board of commissioners of Henry County
for a period of one year after termination of his service as county
administrator.
Section 2. Said Act is further amended by adding between
Section 9 and Section 10 the following:
Section 9.1. There is created the position of deputy clerk of the
board of commissioners. The deputy clerk shall assume the duties
and powers of the clerk in the absence of the clerk when empowered to
so act by the board of commissioners of Henry County. The powers,
duties, and compensation of the deputy clerk shall be as provided by
the board of commissioners of Henry County.
Section 3. Said Act is further amended by striking Section 11 of
said Act in its entirety and inserting in lieu thereof a new Section 11 to
read as follows:
Section 11. (a) The Board of Commissioners shall be the sole
purchasing agent in said county, and shall execute all contracts for
the purchase of all articles, goods, wares, materials, merchandise, or
services for the use of said county. Before contracting to buy articles,
goods, wares, material or merchandise which amounts in bulk to more
than $1,000, it shall be the duty of said Board of Commissioners to
obtain at least three competitive bids from dealers in the articles,
goods, wares, materials, or merchandise sought to be purchased
(except that emergency repairs shall be treated as services, even
though they may include parts or other materials; and with the
exception of any item which, by Board action, shall be declared an
unbiddable item), and they shall, from the same quality of goods,
accept the lowest and best bid, and such bids, as well as all invoices of
everything purchased, shall be kept on file by the Clerk in the office of
GEORGIA LAWS 1982 SESSION
4099
the Board of Commissioners. In determining whether articles, goods,
wares, materials or merchandise are of the same quality, the Board
may consider the utility of such items for the specific purpose for
which needed, and the cost and availability of service for such items,
insofar as determinable from bids and from inspection and past
experience. The requirement of three bids shall not apply to the
purchase of necessary items if fewer than three dealers in such items
are not accessible, provided a bid or bids are obtained from the
accessible dealer or dealers. The requirement of three bids shall not
apply to the purchase of items (including office supplies) which any
county officer is legally required to obtain or keep or which the Board
is legally required to furnish to such offices, nor to any purchase made
through State of Georgia purchasing contracts. The requirement of
three bids shall not apply to the purchase of used equipment, but
purchase of said equipment shall be by negotiation by the Chairman
or authorized Commissioners, and then brought before the Board of
Commissioners, and such action shall be spread upon the minutes of
the said meeting. No commissioner shall receive any rebates, dis-
counts or perquisites on account of any contracts, or purchases that
might be made. The Chairman, Vice-Chairman, or in the event both
the Chairman and Vice-Chairman are absent, two commission mem-
bers of the remaining three members, in only cases of emergency,
shall have the authority to employ a particular work or service for the
county, and enter into contracts for the performance of the particular
work or service, in which case it shall be reported to the Clerk of the
Commissioners as early as possible on the next working day, and same
shall be reported to the entire Board at the next regular meeting.
(b) An emergency situation which is referred to above, is defined
as follows:
(1) damage caused to the public facilities, structures, equip-
ment or roads of the county that result from a physical mal-
function, fire, wind, heat, cold, flood, drought, or other acts of
God.
(2) damage caused to the property of the county as a result
of the intentional acts or negligence committed by any person
which could result in whole or partial temporary, or permanent
discontinuance of service by the county.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing for a new board of commissioners of Henry County,
approved March, 28, 1974 (Ga. L. 1974, p. 3680), as amended,
particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p.
4186); and for other purposes.
This 5 day of January, 1982.
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 13, 20 and 27,
1982.
/s/ G. Richard Chamberlin
Representative,
73rd District
Sworn to and subscribed before me,
this 18th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4101
CITY OF TENNILLE CORPORATE LIMITS.
No. 996 (House Bill No. 1711).
AN ACT
To amend an Act creating a new charter for the City of Tennille,
approved August 21, 1906 (Ga. L. 1906, p. 1073), as amended,
particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2797)
and an Act approved March 26, 1980 (Ga. L. 1980, p. 4307), so as to
change the corporate limits of said city; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Tennille,
approved August 21, 1906 (Ga. L. 1906, p. 1073), as amended,
particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2797)
and an Act approved March 26, 1980 (Ga. L. 1980, p. 4307), is
amended by adding at the end of Section 2B, relating to property to
be included within the corporate limits of the City of Tennille, the
following undesignated paragraphs:
Also, All that lot or parcel of land lying, situate and being in the
1488th G. M. District of Washington County, Georgia, and containing
0.53 acres, more or less, and being a portion of the road that leads
from Zeta Street to State Road 68. Said parcel of land being more
accurately described as to metes and bounds, courses and distances,
by a plat of survey by Barker & Associates dated January 27, 1982,
recorded in Plat Book IF, Page 138, Office of Clerk of Superior Court,
Washington County, Georgia. Said parcel of land being bounded on
the North by the City Limits of the City of Tennille; on the East by
lands of Veal on the South by a county dirt road; and, on the West by
lands of the Tennille Women Missionary Society Cemetery and lands
of Dorothy McGarity and Jo Ann Mertz. All as shown on said plat.
Said plat and the record thereof are by this reference made a part of
this description and in further aid of the description.
4102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Also, All that tract or parcel of land lying, situate and being in the
City of Tennille, 1488th G. M. District of Washington County,
Georgia. Said tract of land containing 2.20 acres, more or less, and
being more accurately described as to metes and bounds, courses and
distances, by a plat of survey by Barker and Associates dated May 20,
1981, recorded in Plat Book 1-F, Page 115, Office of Clerk of Superior
Court, Washington County, Georgia. Said tract of land being
bounded on the North, the South and the West by lands of Dorothy
McGarity and Jo Ann Mertz; and, on the East by the right-of-way of a
county dirt road that leads to Zeta Street. All as shown on said plat.
Said plat and the record thereof are by this reference made part of
this description and in further aid of the description.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
I intend to introduce into the 1982 Georgia General Assembly a
bill to amend the incorporative charter of the City of Tennille.
Jimmy Lord
Representative,
105th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Lord who, on oath, deposes
and says that he/she is Representative from the 105th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Sandersville Progress which is the
official organ of Washington County, on the following dates: February
4,11 and 18,1982.
GEORGIA LAWS 1982 SESSION
4103
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 22nd day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
STATE COURT OF WASHINGTON COUNTY
COMPENSATION OF JUDGE AND SOLICITOR.
No. 997 (House Bill No. 1712).
AN ACT
To amend an Act creating the State Court of Washington County,
approved October 31,1901 (Ga. L. 1901, p. 164), as amended, particu-
larly by an Act approved April 13,1973 (Ga. L. 1973, p. 2636), so as to
change the compensation of the judge and solicitor of said court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Washington
County, approved October 31,1901 (Ga. L. 1901, p. 164), as amended,
particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 2636),
is amended by striking from Section 2 thereof the following:
4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$3,600 per annum or not more than $7,200 per annum,
and inserting in its place the following:
$7,290.00 per annum or not more than $15,000.00 per annum, as
set by the county commissioners of Washington County,,
so that when so amended Section 2 shall read as follows:
Section 2. There shall be a judge of the State Court of Wash-
ington County, whose election, term of office, and qualifications shall
be and remain as now fixed by law, who shall receive a salary of not
less than $7,290.00 per annum or not more than $15,000.00 per
annum, as set by the county commissioners of Washington County,
which shall be paid to him monthly by the county commissioners of
the County of Washington, or other proper authorities having charge
of the funds of said County of Washington, and it shall become the
duty of the commissioners of said county, or other proper officers, to
make provision annually, in levying and collecting taxes, for the
assessment and collection of money to pay the salary of the said judge.
The judge shall receive no other compensation, but may practice law
except in his own court.
Section 2. Said Act is further amended by striking from Section
4 thereof the following:
$3,600.00 per annum or more than $7,200 per annum,
and inserting in its place the following:
$7,290.00 per annum or not more than $15,000.00 per annum, as
set by the county commissioners of Washington County,,
so that when so amended Section 4 shall read as follows:
There shall be a solicitor of said State Court, who shall be elected
at the same time and in the same manner as the judge of the said State
Court, whose term of office shall be for four years, and whose duty it
shall be to prosecute all offenses cognizable before said State Court.
Provided, however, said solicitor shall not be required to perform the
duties of the county attorney. Said solicitor must be at least twenty-
one years of age, and a resident of Washington County for two years,
and a practicing attorney. All vacancies in said office shall be filled in
GEORGIA LAWS 1982 SESSION
4105
the same manner as prescribed by this Act for filling vacancies in the
office of judge. The said solicitor shall receive a salary of not less than
$7,290.00 per annum or not more than $15,000.00 per annum, as set
by the county commissioners of Washington County, to be paid
monthly on the first of each month by the Treasurer of the County of
Washington; the salary of said solicitor to be paid from sums arising
from the fines and forfeitures in said State Court of Washington
County; whenever there is a sufficient amount of the same in the
hands of said treasurer. Should there at any time, when said solicitors
salary becomes due, not be in the hands of the said treasurer enough
of said funds to pay said salary, then the balance lacking after the
funds arising from the fines and forfeitures of said court have been
exhausted, shall be made up and paid out of any other funds belong-
ing to the county in the hands of said treasurer, until the full amount
of said salary, monthly, is paid. Said solicitor shall receive no other
compensation except his Supreme Court fees, as provided for in the
fifth section of said Act, to be paid by the State. In the absence of
disqualification of said solicitor the State Court Judge shall appoint a
solicitor pro tem., who shall receive for his services in every case in
which there is a conviction, or plea of guilty which is founded upon an
indictment of the grand jury, a fee of five dollars, and in each case
founded upon an accusation in which there is a conviction, a fee of ten
dollars; provided, the solicitor pro tem. shall not be paid more than
twenty dollars for any one term of said 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
repealed.
Notice of Intention to Apply For Passage of a Local Bill.
Notice is hereby given that I will introduce into the 1982 General
Assembly of Georgia a bill to set the compensation of the Judge and
the Solicitor of the State Court of Washington County, Georgia; and
for other purposes.
4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jimmy Lord
Representative,
105th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Lord who, on oath, deposes
and says that he/she is Representative from the 105th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Sandersville Progress which is the
official organ of Washington County, on the following dates: January
21, 28 and February 4,1982.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 22nd day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4107
STATE COURT OF COBB COUNTY
COMPENSATION OF CHIEF DEPUTY CLERK.
No. 998 (House Bill No. 1552).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particu-
larly by an Act approved April 6,1981 (Ga. L. 1981, p. 4212), so as to
change the compensation of the chief deputy clerk 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. L. 1964, p. 3211), as amended, particu-
larly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4212), is
amended by adding at the end of paragraph (4) of subsection (b) of
Section 17 of said Act the following:
The annual salary of the chief deputy clerk shall be increased by
8 percent on April 1,1982.,
so that when so amended paragraph (4) of subsection (b) of Section 17
shall read as follows:
(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 the
county. The annual salary of the chief deputy clerk shall be increased
by 8 percent on April 1,1982.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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.
4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 31st day of Dec. 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 III who, on oath,
deposes and says that he/she is Representative from the 19th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: Jan. 8, 15, 22,
1982.
/s/ George W. Darden III
Representative,
19th District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4109
LAURENS COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 999 (House Bill No. 1551).
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. L. 1952, p. 2327),
as amended, particularly by an Act approved April 6, 1981 (Ga. L.
1981, p. 3982), so as to change the compensation of the 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 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. L. 1952, p. 2327),
as amended, particularly by an Act approved April 6, 1981 (Ga. L.
1981, p. 3982), is amended by striking from Section 3 the following:
$19,617.00,
and inserting in its place the following:
$22,540.00,
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 $22,540.00 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
4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. L. 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
repealed.
Legal Ad.
Notice is hereby given that there will be introduced in the 1982
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
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, Dublin which is the
official organ of Laurens County, on the following dates: Jan. 16, 23, &
30,1982.
GEORGIA LAWS 1982 SESSION
4111
/s/ J. Roy Rowland
Representative,
119th District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
COBB COUNTY BOARD OF COMMISSIONERS,
MEETINGS, DUTIES, ETC.
No. 1000 (House Bill No. 1560).
AN ACT
To amend an Act creating a board of commissioners for Cobb
County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p.
2075), as amended, so as to change the provisions relating to meetings
of the board of commissioners; to change the provisions relating to
duties of the chairman; to change the provisions relating to duties 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 Cobb
County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p.
2075), as amended, is amended by striking Section 9 in its entirety
and inserting in lieu thereof a new Section 9 to read as follows:
4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. Meetings. The board of commissioners shall hold two
regular meetings each month at the county seat, which meetings shall
be open to the public. At least one of such meetings shall begin after
6:00 P.M. At one of its December meetings, the board shall provide
by resolution for the exact date, time, and place of its monthly
meetings for the immediately following calendar year; provided,
however, that, with respect to calendar year 1982, the board shall
continue to hold regular meetings on the second and fourth Tuesdays
of each month at 2:00 P.M. on the second Tuesday and 7:00 P.M. on
the fourth Tuesday unless otherwise changed by resolution of the
board. Any resolution passed by the board pursuant to the provisions
of this section shall be published in the newspaper in which the
sheriffs advertisements are published, once a week for two weeks
during a period of 30 days immediately following the passage of the
resolution. The board of commissioners may hold such additional
meetings as shall be necessary when called by the chairman or any
three commissioners, provided all members of the commission shall
have been notified at least three days in advance of such special
meeting. No official action shall be taken by the commission except in
a meeting which is open to the public. Any three commissioners or
the chairman and any two commissioners shall constitute a quorum;
provided, however, no official action on any zoning or rezoning
proposal may be taken except in a meeting of the commission open to
the public, and the chairman and all other members of the commis-
sion shall be required to vote on any such proposal, and the vote of the
chairman and each member shall be duly recorded in the minutes of
the meeting of the commission; provided, further, that, in the event
the chairman or any other member is bona fide physically or mentally
ill to the extent that he is unable to attend a meeting or in the event
the chairman or any other member disqualifies himself on the
grounds that he is personally or financially interested in such zoning
or rezoning proposal, then the remaining members may act on such
proposal by the affirmative vote of not less than three such members.
No other official action shall be taken except upon the affirmative
vote of at least three commissioners or two commissioners and the
chairman. The chairman shall be entitled to the same voting rights as
other commissioners on questions considered by the commission.
Section 2. Said Act is further amended by striking Section 10 in
its entirety and inserting in lieu thereof a new Section 10 to read as
follows:
GEORGIA LAWS 1982 SESSION
4113
Section 10. The chairman. The chairman shall be the chief
executive officer of the county government and shall generally super-
vise, direct, and control the administration or the affairs of the county
pursuant to the powers herein conferred upon him and pursuant to
the adopted resolutions of the commission in regard to matters
reserved to the exclusive jurisdiction of the commission. The chair-
man shall preside over meetings of the commission. The chairman
shall establish rules and regulate purchasing services for all county
departments, offices, and agencies. He shall be further authorized to
make purchases for the county in amounts not exceeding $2,500.00.
Section 3. Said Act is further amended by striking in its entirety
subsection (r) of Section 11 and inserting in lieu thereof a new
subsection (r) to read as follows:
(r) To make purchases of not less than $2,500.00 nor more than
$5,000.00 which, in the discretion of its members, are deemed neces-
sary for the operation of the county.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular
1982 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 31st day of Dec. 1981.
4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Mr. 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: Dec. 31,1981 & Jan. 8,
15,1982.
/s/ Ken Nix
Representative,
20th District
Sworn to and subscribed before me,
this 20th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4115
MONTGOMERY COUNTY BOARD OF
COMMISSIONERS, DISTRICT, ETC.
No. 1001 (House Bill No. 1564).
AN ACT
To amend an Act creating the Board of Commissioners of
Montgomery County, approved February 27,1953 (Ga. L. 1953, Jan.-
Feb. Sess., p. 2729), as amended, so as to change the provisions
relating to the election of members of the Board of Commissioners; to
provide for commissioner districts and for the election of the mem-
bers of the board by the voters of the respective districts; to provide
for other matters relative to the foregoing; to provide effective dates;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Montgomery County, approved February 27,1953 (Ga. L. 1953, Jan.-
Feb. Sess., p. 2729), as amended, is amended by striking Sections 3,4,
and 5 in their entirety and substituting in lieu thereof new Sections 3,
4, and 5 to read as follows:
Section 3. The Board of Commissioners of Montgomery County
shall be composed of five members who shall be elected as hereinafter
provided in this Act.
Section 4. (a) For the purposes of electing members of the board,
Montgomery County shall be divided into five commissioner districts
as follows:
Commissioner District No. 1 shall be composed of all that territory
within Montgomery County embraced within Militia District No.
1654 (Tarrytown) and Militia District No. 1781 (Kibbee).
Commissioner District No. 2 shall be composed of all that territory
within Montgomery County embraced within Militia District No.
1567 (Higgston) and Militia District No. 275 (Alston).
Commissioner District No. 3 shall be composed of all that territory
within Montgomery County embraced within Militia District No.
1343 (Mt. Vernon).
4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 4 shall be composed of all that territory
within Montgomery County embraced within Militia District No.
1757 (Ailey).
Commissioner District No. 5 shall be composed of all that territory
within Montgomery County embraced within Militia District No.
1810 (Uvalda).
(b) There shall be one member of the board elected from each of
the five commissioner districts described in subsection (a) of this
Section. Each shall have been a resident of the members respective
commissioner district for two years immediately prior to the date of
the members election and must remain a resident of the respective
district during the term of office to which the member was elected.
All members of the board shall be qualified electors of Montgomery
County. Each member of the board shall be elected by a majority of
the voters voting only within the respective commissioner district.
Any person offering as a candidate for commissioner shall designate
the commissioner district for which the person is offering. All
members shall be nominated and elected in accordance with the
provisions of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, known as the Georgia Election Code.
Section 5. The five members of the Board of Commissioners of
Montgomery County shall be elected as provided in Section 4 of this
Act at the general election of 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, successors shall be elected at the
general election immediately preceding the expiration of terms of
office and shall take office on the first day of January immediately
following their election for terms of four years and until their succes-
sors are elected and qualified.
Section 2. Except for the provisions of this Act relating to and
necessary for the election of members of the Board of Commissioners
of Montgomery County at the general election of 1984, the provisions
of this Act shall become effective on January 1,1985. The provisions
of this Act relative to and necessary for the election of members of
said Board of Commissioners at the general election of 1984 shall
become effective upon the approval of this Act by the Governor or
upon its otherwise becoming law.
GEORGIA LAWS 1982 SESSION
4117
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners of Montgomery County,
approved February 27,1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2729),
as amended; and for other purposes.
This 6 day of January, 1982.
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: Jan. 13,
20 & 27,1982.
/s/ L. L. Pete Phillips
Representative,
120th District
4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
WHEELER COUNTY TAX COMMISSIONERS
EMPLOYEES.
No. 1002 (House Bill No. 1565).
AN ACT
To amend an Act abolishing the offices of tax receiver and tax
collector of Wheeler County and creating the office of tax commis-
sioner, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended,
particularly by an Act approved April 17,1973 (Ga. L. 1973, p. 3017),
so as to change the provisions relating to the compensation of certain
employees 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 abolishing the offices of tax receiver and tax
collector of Wheeler County and creating the office of tax commis-
sioner, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended,
particularly by an Act approved April 17,1973 (Ga. L. 1973, p. 3017),
is amended by striking subsection (b) of Section 5 in its entirety and
substituting in lieu thereof a new subsection (b) to read as follows:
(b) The Tax Commissioner may, if said officer deems it neces-
sary to the proper and efficient performance of the duties of the office
GEORGIA LAWS 1982 SESSION
4119
of tax commissioner, employ a clerk or assistant and fix the compen-
sation of such clerk or assistant in an amount not exceeding $600.00
per month. The compensation of said clerk or assistant shall be paid
monthly from the funds of Wheeler County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
abolishing the offices of tax receiver and tax collector of Wheeler
County and creating the office of Tax Commissioner, approved
March 20,1939 (Ga. Laws 1939, p. 778), as amended, so as to change
the provisions relating to the compensation of certain employees of
the Tax Commissioner; and for other purposes.
This 6 day of Jan., 1982.
L. L. Pete 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 Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: Jan. 13,20 &
27,1982.
4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
WHEELER COUNTY EMPLOYEES OF CLERK
OF SUPERIOR COURT.
No. 1003 (House Bill No. 1566).
AN ACT
To amend an Act providing for the employment of secretarial help
for the Clerk of the Superior Court of Wheeler County, approved
April 17, 1973 (Ga. L. 1973, p. 2937), so as to change the provisions
relating to the compensation of certain employees of the Clerk; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the employment of secretarial
help for the Clerk of the Superior Court of Wheeler County, approved
April 17,1973 (Ga. L. 1973, p. 2937), is amended by striking Section 1
in its entirety and inserting in lieu thereof a new Section 1 to read as
follows:
GEORGIA LAWS 1982 SESSION
4121
Section 1. The Clerk of the Superior Court of Wheeler County is
authorized to employ a secretary to assist said officer in carrying out
the duties of the Clerk of the Superior Court. Said Clerk may fix the
compensation of said secretary in an amount not exceeding $600.00
per month. The compensation of said secretary shall be paid monthly
from the funds of Wheeler County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend 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), so as to change the provisions relating to the
compensation of certain employees of the Clerk; and for other pur-
poses.
This 6 day of Jan., 1982.
L. L. Pete 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 Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: Jan. 13,20 &
27,1982.
4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
WHEELER COUNTY SHERIFFS EMPLOYEES.
No. 1004 (House Bill No. 1567).
AN ACT
To amend an Act providing an annual salary for the Sheriff of
Wheeler County, approved March 30, 1965 (Ga. L. 1965, p. 2970), as
amended, so as to change the provisions relating to the compensation
of certain employees of the sheriff; 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. L. 1965, p. 2970), as
amended, is amended by adding a new Section 4B between Sections
4A and 5 to read as follows:
Section 4B. In addition to the personnel provided for by Sections
4 and 4A of this Act, the sheriff shall be authorized to employ a clerk
GEORGIA LAWS 1982 SESSION
4123
or assistant and fix said employees compensation in an amount not
exceeding $600.00 per month. The compensation of such employee
shall be paid monthly from the funds of Wheeler County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill 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 compensation of certain
employees of the Sheriff; and for other purposes.
This 6 day of Jan., 1982.
L. L. Pete 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 Wheeler County Eagle which is the
official organ of Wheeler County, on the following dates: Jan. 13,20 &
27,1982.
/s/ L. L. Pete Phillips
Representative,
120th District
4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
WHEELER COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 1005 (House Bill No. 1568).
AN ACT
To amend an Act abolishing the offices of tax receiver and tax
collector of Wheeler County and creating the office of tax commis-
sioner, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended,
particularly by an Act approved March 4,1977 (Ga. L. 1977, p. 2963),
so as to change the provisions relative to the compensation of the tax
commissioner; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the offices of tax receiver and tax
collector of Wheeler County and creating the office of tax commis-
sioner, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended,
particularly by an Act approved March 4,1977 (Ga. L. 1977, p. 2963),
is amended by striking subsection (a) of Section 5 in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) (1) The Tax Commissioner of Wheeler County shall receive
an annual salary of $11,500.00 which shall be paid in equal
monthly installments from the funds of Wheeler County.
GEORGIA LAWS 1982 SESSION
4125
(2) All fees, commissions, costs, fines, emoluments and per-
quisites of whatever kind received and collected by the tax com-
missioner shall be received, collected and held by him as public
funds belonging to Wheeler County. Once each month the tax
commissioner shall turn over to the fiscal authority of said county
all funds collected by him with a detailed itemized statement
showing the sources from which such funds were collected. It is
specifically provided that the salary provided herein for the tax
commissioner shall be in lieu of all fees, commissions, costs, fines,
emoluments and perquisites of whatever kind, including those
commissions allowed by the law relating to the sale of motor
vehicle license plates by local tax officials and including the
commissions allowed by the law relating to the commission on
taxes collected in excess of a certain percentage of the taxes due
according to the tax net digest.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating the office of Tax Commissioner of Wheeler County, as
amended, so as to change the provisions relative to the compensation
of said Tax Commissioner; and for other purposes.
January 18, 1982.
W. H. Thomas, Jr.
4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 20,
27 and February 3,1982.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
WHEELER COUNTY BOARD OF EDUCATION,
REFERENDUM.
No. 1006 (House Bill No. 1569).
AN ACT
To provide for the composition of the Board of Education of
Wheeler County; to provide for the election and terms of office of the
GEORGIA LAWS 1982 SESSION
4127
members of the board; to provide for filling vacancies on the board; to
provide for other matters relative to the foregoing; to provide for a
referendum; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of Wheeler County shall be
composed of seven members. Six members shall be residents of
districts and one member shall be an at-large member who may reside
anywhere within the Wheeler County school district.
Section 2. (a) For the purpose of electing the six members who
shall reside in districts, each militia district within Wheeler County
shall constitute an education district as follows:
Education District 1 shall be composed of Militia District 1450,
Eric.
Education District 2 shall be composed of Militia District 394,
McArthur.
Education District 3 shall be composed of Militia District 1531,
Glenwood.
Education District 4 shall be composed of Militia District 393,
Alamo.
Education District 5 shall be composed of Militia District 1600,
Springhill.
Education District 6 shall be composed of Militia District 1417,
Landsburg.
(b) In order to be eligible for membership on the board, a person
must be at least 21 years of age as of the date of taking office, a
qualified elector of Wheeler County and must have been a resident of
Wheeler County for two continuous years immediately preceding the
date of taking office. In addition thereto, each member representing
an education district specified in subsection (a) of this section must
have been a resident of the respective education district for at least
one year prior to the date of taking office and must remain a resident
of the respective district during the term of office. All members shall
4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be elected by a majority vote of the qualified electors voting within
the Wheeler County school district. Any person offering as a candi-
date for election to the board to represent a district shall specify the
education district for which the person is offering. A candidate for the
at-large position on the board shall offer for the at-large position. All
members shall be nominated and elected in accordance with the
provisions of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated known as the Georgia Election Code.
Section 3. (a) The first members from Education Districts 1 and
2 and the first at-large member shall be elected at the general election
of 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, successors shall be elected at the general election immedi-
ately preceding the expiration of the terms of office and shall take
office on the first day of January immediately following their election
for terms of four years and until their successors are elected and
qualified. The member elected from Education District 1 at the 1984
general election shall be the successor to the incumbent member of
the Wheeler County Board of Education who was elected from Militia
District 1450 pursuant to the constitutional amendment ratified in
1956 and set forth in Georgia Laws 1956, pages 711 - 714, hereinafter
referred to as the amendment, whose term of office is scheduled to
expire on December 31, 1984. The member elected from Education
District 2 at the 1984 general election shall be the successor to the
incumbent member of the Wheeler County Board of Education who
was elected from Militia District 394 pursuant to the amendment
whose term of office is scheduled to expire on December 31,1985, and
the term of office of such member is shortened to expire on December
31, 1984. The at-large member elected at the 1984 general election
shall be a new additional member of the Wheeler County Board of
Education. For that period beginning on January 1,1985, and ending
on December 31, 1986, the Board of Education of Wheeler County
shall be composed of the three members elected at the 1984 general
election pursuant to this subsection and those four incumbent mem-
bers of the Board of Education of Wheeler County who were each
elected, respectively, from Militia Districts 1531, 393,1600, and 1417
pursuant to the amendment, and whose terms of office are scheduled
to expire, respectively, on December 31, 1986, December 31, 1987,
December 31,1988, and December 31,1989, and the term of office of
each such member is shortened, where applicable, to expire on
December 31,1986.
GEORGIA LAWS 1982 SESSION
4129
(b) The first members from Education Districts 3, 4, 5, and 6
shall be elected at the general election of 1986 and shall take office on
the first day of January, 1987, for terms of four years and until their
successors are elected and qualified. Thereafter, their successors
shall be elected at the general election immediately preceding the
expiration of 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.
Section 4. In the event of a vacancy on the Board of Education of
Wheeler County because of death, resignation, removal of residency
from the school district or from an education district or for any other
cause, the remaining members of the board shall elect a qualified
person to fill such vacancy for the unexpired term.
Section 5. After the approval of this Act by the Governor, or
after it otherwise becomes law, it shall be the duty of the election
superintendent of Wheeler County to issue the call for an election for
the purpose of submitting this Act to the electors of the Wheeler
County school district for approval or rejection. The superintendent
shall set the date of such election for the same date as the general
election held in 1982. The superintendent shall issue the call for such
election at least 30 days but not more than 60 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 Wheeler County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act providing that the
( ) NO Board of Education of Wheeler
County shall be composed of seven
members, six of whom must reside
in districts and one of whom may
reside anywhere within the county
and providing that all such mem-
bers shall be elected by the quali-
fied electors of Wheeler County for
terms of four years be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided in Section 6 of this Act, but otherwise it shall be void and of
no force and effect.
The expense of such election shall be borne by Wheeler County. It
shall be the duty of the superintendent to hold and. conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 6. If this Act is approved at the referendum provided for
in Section 5 of this Act:
(1) Those provisions of this Act relating to and necessary for
the election of members of the Board of Education of Wheeler
County at the 1984 general election shall be effective on January 1,
1984; and
(2) This Act shall be effective for all purposes on January 1,
1985.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill relating to the
Board of Education of Wheeler County; and for other purposes.
This 6 day of Jan., 1982.
L. L. Pete Phillips
Representative,
120th District
GEORGIA LAWS 1982 SESSION
4131
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: Jan. 13, 20 &
27, 1982.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 12th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4,1985
(Seal).
Approved April 12, 1982.
DEKALB COUNTY ELECTION OF PROBATE
JUDGE.
No. 1008 (House Bill No. 1597).
AN ACT
To provide for the nonpartisan nomination and election of the
judge of the Probate Court in DeKalb County; to provide for the
4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
requirements and procedures of the nonpartisan nomination and
election; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The judge of the Probate Court in DeKalb County
shall be elected by the qualified voters of DeKalb County in a
nonpartisan primary and election. Except as otherwise provided in
this Act, the judge of the probate court shall be elected pursuant to
the general election laws of Georgia.
Section 2. Beginning with the elections held in 1984 and each
election thereafter at which the judge of the probate court is elected,
the judge of the probate court shall be elected at the nonpartisan
primary and general election immediately preceding the expiration of
the term of office of the judge of the probate court.
Section 3. Candidates for the office of judge of the probate court
shall be nominated in a nonpartisan primary to be held at the same
time as and in conjunction with the general primary every four years.
A nominating petition shall not be required to place the name of any
such candidate on the primary ballot. A candidate may have his name
placed on the primary ballot by filing a notice of candidacy with the
county election superintendent and paying the qualifying fee.
Section 4. The candidate receiving a majority of votes in the
nonpartisan primary shall be the nominee for the office of judge of the
probate court and shall be the only candidate for such office to have
his name appear on the general election ballot. In the event no
candidate receives a majority of the votes cast, the two candidates
receiving the highest number of votes for the office shall be the
nominees for the office and shall have their names placed on the
general election ballot.
Section 5. The names of all candidates for the office of judge of
the probate court shall appear in a separate section of each primary
and general election ballot of each elector. No party designation or
affiliation shall appear beside the name of any such candidate on any
primary or general election ballot, and no candidate for the office of
judge of the probate court shall be nominated by any political party.
GEORGIA LAWS 1982 SESSION
4133
Section 6. (a) Except as provided in subsection (b), this Act
shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
(b) If a new Constitution for the State of Georgia, which new
Constitution was adopted by the General Assembly at the 1981
Extraordinary Session and is set out at Ga. L. 1981, Ex. Sess., p. 143,
and which will be presented to the people for ratification or rejection
at the general election in 1982, is rejected, this Act shall be null and
void and shall stand repealed in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a Bill providing that
in the event that the proposed new Constitution of the State of
Georgia is ratified by the people in the 1982 general election that the
Judge of the Probate Court of DeKalb County will be nominated and
elected on a non partisan basis, to provide for matters relative thereto
and for other purposes.
This 22nd day of January, 1982.
Cas M. Robinson
Representative,
District 58
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Cas Robinson who, on oath, deposes
and says that he/she is Representative from the 58th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur-DeKalb News which is the
4134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of DeKalb County, on the following dates: Jan. 28,1982
& Feb. 4 & 11,1982.
/s/ Cas Robinson
Representative,
58th District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
WASHINGTON COUNTY COMPENSATION OF
COMMISSIONERS, PURCHASES, ETC.
No. 1009 (House Bill No. 1713).
AN ACT
To amend an Act creating a board of commissioners of Wash-
ington County, approved August 20, 1913 (Ga. L. 1913, p. 452),
amended, particularly by an Act approved March 18, 1964 (Ga.
1964, p. 3097) and an Act approved March 12, 1965 (Ga. L. 1965,
2388), so as to change the compensation of the commissioners;
change requirements as to purchases by competitive bids; to provide
for effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
sp re
GEORGIA LAWS 1982 SESSION
4135
Section 1. An Act creating a board of commissioners of Wash-
ington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as
amended, particularly by an Act approved March 18, 1964 (Ga. L.
1964, p. 3097) and an Act approved March 12, 1965 (Ga. L. 1965, p.
2388), is amended by striking from Section 10 thereof the following:
one hundred fifty ($150.00) dollars,
and inserting in its place the following:
$300.00,
so that when so amended Section 10 shall read as follows:
Section 10. Each of the commissioners serving under this Act
shall receive as compensation a sum not to exceed $300.00 per month.
A majority vote of the board of commissioners shall be sufficient to
establish the salary of said commissioners, provided such salary so
established does not exceed the maximum herein provided. Before
entering upon the performance of his duties, each commissioner shall
give bond in the sum of fifteen hundred ($1500.00) dollars, payable to
the judge of the probate court of said county and his successors in
office, conditioned for the faithful performance of his duties as such
commissioner, which said bond shall be approved by the judge of the
probate court of said county.
Section 2. Said Act is further amended by striking from Section
12 thereof the following:
$500.00,
and inserting in its place the following:
$1,500.00,
so that when so amended said Section 12 shall read as follows:
Section 12. Be it further enacted by the authority aforesaid, that
it shall be unlawful for the board to employ any person as clerk who is
related to any member of the board by blood or marriage within the
third degree. All purchases of supplies and other materials in an
amount in excess of $1,500.00 shall be by competitive bids with
advertisement of said purchases to be published in the official organ
4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Washington County for two consecutive weeks within a period of
thirty days prior to the date of such purchases. Provided, however,
that soil pits and repairs of machinery, bridges, roads, and buildings
shall not be subject to the provisions of competitive bidding. It shall
be unlawful for any member of the board, secretary or clerk of the
board to have any financial interest in the transaction of any business
in connection with the purchase or sale of any goods or supplies for
Washington County. Any person serving as a member of the board,
secretary or clerk of the board who violates any provision of this
section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished as for a misdemeanor, and the office of such person
or persons shall immediately be declared vacant.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval, except
that Section 1 shall become effective January 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply For Passage of a Local Bill.
Notice is hereby given that I will introduce into the 1982 General
Assembly of Georgia a bill to amend the Purchasing Act for Wash-
ington County, Georgia, and for other purposes.
Jimmy Lord
Representative,
District 105
Notice of Intention to Apply for Passage of a Local Bill.
Notice is hereby given that I will introduce into the 1982 General
Assembly of Georgia a bill to set the compensation of the Board of
Commissioners of Washington County, Georgia, and for other pur-
poses.
GEORGIA LAWS 1982 SESSION
4137
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: January
21, 28 and February 4,1982.
/s/ Jimmy Lord
Representative,
105th District
Sworn to and subscribed before me,
this 22nd day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHATHAM COUNTY COMPENSATION OF
CLERK OF PROBATE COURT.
No. 1010 (House Bill No. 1717).
AN ACT
To fix the salary of the clerk of the probate court of Chatham
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. On and after the effective date of this Act the clerk of
the probate court shall receive a salary fixed by the governing
authority of Chatham County, but such salary shall not be less than
$24,000.00 per year. Said salary shall be paid in equal monthly
installments from county funds.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that legislation will be introduced during the 1982
Session of the Georgia General Assembly pertaining to an increase of
salaries of certain elected and appointed officials in Chatham County,
Georgia and for other purposes.
Bobby Phillips
Representative
GEORGIA LAWS 1982 SESSION
4139
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: Jan. 23 &
30,1982 & Feb. 6,1982.
/s/ Bobby Phillips
Representative,
125th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF SAVANNAH AND CHATHAM COUNTY
SCHOOL SYSTEM DISTRICTS.
No. 1011 (House Bill No. 1319).
AN ACT
To amend an Act relating to the school system of the City of
Savannah and Chatham County, approved March 21, 1968 (Ga. L.
4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1968, p. 2636), as amended, particularly by an Act approved March
27, 1972 (Ga. L. 1972, p. 3098), so as to provide new and different
districts for the election of members of the board of education; to
provide for other related matters; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to the school system of the City of
Savannah and Chatham County, approved March 21, 1968 (Ga. L.
1968, p. 2636), as amended, particularly by an Act approved March
27, 1972 (Ga. L. 1972, p. 3098), is amended by striking Section 1 and
inserting in its place a new section to read as follows:
Section 1. (a) The Board of Public Education for the City of
Savannah and the County of Chatham shall be composed of a
President and eight other members, to be elected as provided in this
Act. For the purpose of electing the members of the board, Chatham
County shall be divided into eight education districts consisting of
the following territory within Chatham County:
Education District No. 1
Chatham
Tract 13
Block 101
Block Groups 2 and 3
Tract 15
Tract 18
Block Group 1
Blocks 201 through 219 and
221 through 226
Tract 19
Block Group 1
Blocks 203 through 209 and
212 through 214
Block Group 3
Tract 24
Blocks 101 through 106, 110
through 119, 202 through 212,
215 through 220, 301 through
305, 308 through 316, and 318
through 321
GEORGIA LAWS 1982 SESSION
4141
Tract 25
Tract 26
Blocks 106, 107, 117, 118, 201,
208, 209, 216, 301, and 308
through 310
Tract 28
Tract 34
Blocks 404 through 418, 420, 422,
424 through 426, 501 through 508,
511, 512, 515 through 522, and
524 through 530
Tract 40.01
Blocks 530 through 533, 535, and
537 through 540
Tracts 43 through 45
Tract 105
Block Groups 1 and 3
Education District No. 2
Chatham
Tract 3
Block Groups 4 through 6
Tracts 10 and 11
Tract 19
Blocks 201, 202, 210, 211,
and 215
Tracts 20 and 21
Tract 22
Blocks 205, 211, and 213 through 216
Block Groups 3 through 5
Blocks 601 through 603 and
605 through 611
Tract 26
Blocks 101 through 105, 108
through 116, 202 through 207,
210 through 215, 302 through
307, and 311 through 315
Tract 27
Tract 30
Block Group 1
Tract 35.01
Blocks 101, 102, and 104 through 107
4142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 37
Blocks 306 through 313
Tract 101.01
Block 110
Block Groups 2 and 3
Education District No. 3
Chatham
Tract 3
Block Groups 1 through 3
Tracts 3.99, 8, and 9
Tract 13
Blocks 102 through 114
Tract 22
Block Group 1
Blocks 201 through 204, 206 through
209, 212, and 612
Tract 35.01
Blocks 108 and 109
Block Groups 2 through 5
Tract 35.02
Tract 36.01
That part of Block 101 within
the City of Savannah
Blocks 111 through 114
Block Groups 2 through 4
Blocks 501 through 503, 603,
604, 609, and 610
Tract 36.02
That part of Block 101 within
the City of Savannah
Blocks 103 through 109 and 111
Block Groups 2 through 6
Tract 37
Block Groups 1 and 2
Blocks 301 through 305
Tract 38
Tract 39
Blocks 110 through 114, 307
through 321, and 323
Tract 101.01
Blocks 103 through 107 and 109
GEORGIA LAWS 1982 SESSION
4143
Tract 101.02
Blocks 312 and 313
Tract 106.99
Education District No. 4
Chatham
Tract 36.01
That part of Block 101 outside the
City of Savannah
Blocks 102, 103, 105 through
110, 115, 504 through 508,
601, 602, and 605 through 608
Tract 36.02
That part of Block 101 outside
the City of Savannah
Tract 40.02
Blocks 205 through 219 and
233 through 235
Tract 41
Tract 42.02
Block 140
Tract 101.01
Block 108
Block Group 4
Tract 101.02
Block Groups 1 and 2
Blocks 301 through 310
That part of Block 901 within the
City of Thunderbolt
Blocks 903 and 921
Tract 102
Blocks 117 and 201
Tract 110.01
Blocks 101 through 109, 111 through 113,
201 through 206, 211 through 214,
301 through 305, 307 through 314, and 401
Block Group 6
Blocks 901 through 903
Tracts 110.02 and 111.01 through
111.03
4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 5
Chatham
Tract 29
Tract 30
Block Groups 2 and 3
Tract 34
Block Groups 1 through 3
Blocks 401 through 403, 509,
510, 513, 514, and 523
Tract 39
Blocks 101 through 104, 106
through 109, and 115 through 117
Block Group 2
Blocks 302 through 306
Tract 40.01
Block Groups 1 and 4
Blocks 501 through 507, 509
through 519, 521 through 527,
534, 541, and 542
Tract 40.02
Blocks 201 through 204 and 230
through 232
Block Groups 3 and 5
Tract 42.02
That part of Block 101 outside the
City of Vernonberg
Blocks 102 through 121, 133, 134,
136, 204 through 206, and 209
through 222
Tract 101.02
Blocks 314 through 318
That part of Block 901 outside
the City of Thunderbolt
Block 902
Tract 102
Blocks 101 through 116, 118
through 121, and 202 through 206
Education District No. 6
Chatham
Tract 42.02
GEORGIA LAWS 1982 SESSION
4145
That part of Block 101 within the
City of Vernonberg
Blocks 122, 123, 138, 139, 201
through 203, 207, and 208
Tracts 42.03 and 42.04
Tract 108.02
Blocks 323 through 329, 401
through 413, 416 through 425,
and 427 through 433
Tract 109
Tract 110.01
Blocks 123 through 136, 198,
199, 207 through 209, 215,
220, and 230 through 233
Education District No. 7
Chatham
Tract 105
Blocks 202, 204 through 209,
215, 903, 905, 910, 911, 913,
914, 916, 917, 920 through 924,
927, 930, 931, and 990
Tracts 106.01 and 106.03
Tract 106.05
That part of Block 304 within the
City of Savannah
Blocks 816 and 901 through 904
Tracts 107 and 108.01
Tract 108.02
Block Groups 1 and 2
Blocks 301, 302, 304 through 322,
414, 415, and 426
Block Group 9
Education District No. 8
Chatham
Tracts 1, 6.01, 6.02, 12, and 17
Tract 18
Block 220
Tract 23
Tract 24
Blocks 107 through 109, 120,
201, 213, 214, 306, 307, and 317
4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tracts 32, 33.01, and 33.02
Tract 105
Blocks 203, 989, and 992 through 998
Tract 106.04
Tract 106.05
Block Groups 1 and 2
Blocks 301 through 303
That part of Block 304 outside
the City of Savannah
Blocks 905 through 911, 914, 916
through 918, and 995 through 998
(b) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of Chatham County which is not included in
any district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(c) The members of the board in office on the effective date of
this section shall serve out the terms for which they were elected. A
successor to each such member shall be elected from the district
described in this section which has the same number as such
members district had under the previous law governing education
districts in Chatham County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4147
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
relating to the school system of the City of Savannah and Chatham
County, approved March 21,1968 (Ga. L. 1968, p. 2636), as amended,
particularly by an Act approved March 27,1972 (Ga. L. 1972, p. 3098),
so as to provide new and different districts for the election of
members of the board of education; to provide for other related
matters; and for other purposes.
This day of 19.
Honorable A1 Scott
Representative,
123rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Albert Scott who, on oath, deposes
and says that he/she is Representative from the 123rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Savannah Evening Press which is the
official organ of Chatham County, on the following dates: Dec. 24,31,
1981 & Jan. 7,1982.
/s/ Albert Scott
Representative,
123rd District
4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
FULTON COUNTY BOARD OF COMMISSIONERS.
No. 1012 (House Bill No. 1380).
AN ACT
To amend an Act creating the Board of Commissioners of Fulton
County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as
amended, particularly by an Act approved February 15,1952 (Ga. L.
1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p.
2462), and by an Act approved March 5,1974 (Ga. L. 1974, p. 2128), so
as to revise commissioner districts for the election of certain members
of the board of commissioners; to change the provisions relating to the
election of the chairman of the board by the members of the board; to
provide for certain powers and duties of the chairman; to provide for
other matters relative to the foregoing; to provide for effective dates;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508),
as amended, particularly by an Act approved February 15,1952 (Ga.
L. 1952, p. 2672), by an Act approved March 29,1973 (Ga. L. 1973, p.
2462), and by an Act approved March 5,1974 (Ga. L. 1974, p. 2128), is
amended by striking in their entirety Sections 2 and 3 of the amenda-
GEORGIA LAWS 1982 SESSION
4149
tory Act of 1952 (Ga. L. 1952, p. 2672) as amended by the amendatory
Act of 1973 (Ga. L. 1973, p. 2462) and the amendatory Act of 1974
(Ga. L. 1974, p. 2128) and substituting in lieu thereof new Sections 2
and 3 to read as follows:
Section 2. (a) For the purpose of electing the members of the
Board of Commissioners, there shall be seven Commissioner Districts
to be designated Districts 1 through 7, and one Commissioner shall be
elected from each of said Districts. Commissioner Districts 1, 2 and 3
shall each consist of the entire County of Fulton] For the purpose of
electing the remaining four Commissioners, Fulton County shall be
divided into Commissioner Districts as follows:
District 4
Fulton
Tract 1
Block Groups 1 and 2
Blocks 301 through 305
Tract 2
Block Group 1
Blocks 202 through 205
Tract 4
Blocks 102 through 106
Block Groups 2 and 3
Tracts 5, 90 through 100, 101.01,
101.03, 101.04, 102.01, 102.02,
114.01, 114.02, 115, and 116
District 5
Fulton
Tracts 6 through 8, 10.95, 40, 60, 61,
78.02 through 78.04, 79, 80, 81.01,
81.02, 82.01, 82.02, 83.01, 83.02,
84, 85, 86.01, 86.02, 87.01, 87.02
88, and 89
Tract 103
Block Groups 1 through 4
Blocks 501 through 503, 507 through
514, 601 through 606, 701, 710
through 719, and 722 through 729
Block Group 8
4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 6
Fulton
Tract 1
Blocks 306 through 312
Block Groups 4 and 5
Tract 2
Blocks 201 and 206 through 209
Block Groups 3 through 5
Tract 4
Block 101
Tracts 11 through 33, 35 through 39,
41, 42.95, 43, 44, 46.95, 48, 49.95
50, 52, 53, 55.01, 55.02, 56 through
58, 62 through 65, 66.01, 66.02, 67,
68.01, 68.02, and 69 through 71
District 7
Fulton
Tracts 72 through 75, 76.01, 76.02,
77.01, and 77.02
Tract 103
Blocks 504 through 506, 515 through
518, 614 through 617, 619, 620,
630, 720, and 721
Tracts 104, 105.03 through 105.06,
106.01, 106.02, 107 through 111,
112.01, 112.02, 113.01, and 113.02
(b) For the purposes of this section, the terms Tract, Block
Group and Block shall have the same meaning and describe the
same geographical boundaries as provided in the Bureau of the
Census report for the United States decennial census of 1980 for the
State of Georgia. Any portion of Fulton County not included in
Commissioner Districts 4 through 7, described above, shall be
included within that Commissioner District contiguous to such por-
tion which contains the least population according to the United
States Decennial Census of 1980.
(c) All members of the Board of Commissioners shall be quali-
fied electors of Fulton County and shall be at least twenty-five years
of age as of the date of taking office. All of said members shall have
been residents of their respective Districts for at least one year as of
GEORGIA LAWS 1982 SESSION
4151
the date of their taking office. The Commissioners from Districts 1, 2
and 3 shall be elected by a majority of the qualified electors of the
entire County of Fulton voting at the elections provided for herein-
after. The members from Commissioner Districts 4 through 7 shall be
residents of their respective Districts, and each such member shall be
elected by a majority vote of the qualified electors voting within the
members respective District at the elections provided for hereinafter.
Any person offering as a candidate for Commissioner shall designate
the Commissioner District for which he is offering. All members of
said Board of Commissioners shall be nominated and elected in
accordance with the provisions of Georgia Code Title 34, known as the
Georgia Election Code, (Chapter 2 of Title 21 of the Official Code of
Georgia Annotated on and after November 1,1982).
Section 3. (a) The members of the Board of Commissioners shall
be elected at the general election of 1982, and shall take office on the
first day of January 1983, for terms of four years or until their
successors are elected and qualified. Thereafter, the successors to
said Commissioners shall be elected at the general election immedi-
ately 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 or until their successors are elected and
qualified.
(b) The Chairman of the Board of Commissioners shall be
elected by the Board from the membership of the Board at the first
regular meeting held in January immediately following the election of
the members of the Board, beginning with the year 1983. The
member who is elected Chairman by the Board shall serve as Chair-
man concurrent with his term of office as a Commissioner, and until
his successor is elected by the Board as provided herein. In the event
the office of the Commissioner who is serving as Chairman becomes
vacant, the remaining members shall elect a Chairman from the
membership of the Board to serve for the unexpired term. The
Chairman shall be a full voting member of the Board of Commis-
sioners.
(c) The Chairman of the Board of Commissioners shall have the
following powers and duties:
(1) To preside at meetings of the Board of Commissioners;
4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) To serve as the official spokesman for the Board of
Commissioners;
(3) To sign all official papers and other instruments and
documents on behalf of the Board of Commissioners as directed or
authorized by ordinance, resolution, or policy of the Board of
Commissioners;
(4) To make appointments of members of the Board of
Commissioners to committees thereof and to make appointments
to other committees, boards, or public authorities as authorized by
law or by ordinance, resolution, or policy of the Board of Commis-
sioners; and
(5) To perform such other duties as may be provided by
ordinance or resolution of the Board of Commissioners.
(d) Four members of said Board of Commissioners shall consti-
tute a quorum for the transaction of business, but the affirmative vote
of at least four members shall be required for said Board of Commis-
sioners to take official action.
(e) In the event of a vacancy in the membership of the Board of
Commissioners by death, resignation or otherwise, and the unexpired
term is six months or less, the remaining members shall appoint a
qualified person to serve for the unexpired term. If the unexpired
term is more than six months, such vacancy shall be filled by a special
election to elect a qualified person to serve for the unexpired term. At
special elections to fill vacancies, the qualified electors of the entire
County of Fulton shall be eligible to vote if the vacancy is in
Commissioner Districts 1, 2 or 3, but if the vacancy is in Commis-
sioner Districts 4, 5, 6 or 7, only the qualified electors residing within
the district or districts wherein the vacancy occurs shall be eligible to
vote. Special elections to fill vacancies shall be called and held in
accordance with the applicable provisions of Georgia Code Title 34,
known as the Georgia Election Code, (Chapter 2 of Title 21 of the
Official Code of Georgia Annotated on and after November 1,1982).
Section 2. Except for the provisions of this Act relating to and
necessary for the election of the members of the Board of Commis-
sioners of Fulton County at the general election of 1982, this Act shall
become effective on January 1, 1983. The provisions of this Act
relating to and necessary for the election of members of said Board of
GEORGIA LAWS 1982 SESSION
4153
Commissioners at the general election of 1982 shall become effective
upon the approval of this Act by the Governor or upon its otherwise
becoming law.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners of Fulton County, approved
December 3,1880 (Ga. L. 1880-81, p. 508), as amended, and for other
purposes.
This 23rd day of December, 1981.
John Tye Ferguson
Associate County Attorney,
Fulton County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, G. D. Adams who, on oath, deposes
and says that he/she is Representative from the 36th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: Dec. 24,
31,1981 & Jan. 7,1982.
/s/ G. D. Adams
Representative,
36th District
4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MUNICIPAL COURT OF ATLANTA
COURT COSTS.
No. 1013 (House Bill No. 1396).
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. L. 1913, p. 145), as amended, particu-
larly by an Act approved April 25,1975 (Ga. L.1975, p. 4651), and by
an Act approved March 18,1980 (Ga. L. 1980, p. 3309), so as to revise
certain costs and service fees 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. L. 1913, p. 145), as amended, particu-
larly by an Act approved April 25,1975 (Ga. L.1975, p. 4651), and by
an Act approved March 18,1980 (Ga. L. 1980, p. 3309), is amended by
striking subsections (a), (b), and (c) of Section 49 in their entirety and
substituting in lieu thereof new subsections (a), (b), and (c) to read as
follows:
GEORGIA LAWS 1982 SESSION
4155
(a) Except as hereinafter provided, the total cost, including the
first judgment and fi. fa., for all suits or proceedings of any character,
except garnishment and proceeding against tenant holding over,
irrespective of how they shall be terminated shall be $19.00 plus $5.00
for each defendant more than one, provided, however, where the
principal amount involved is $300.00, or more, the cost shall be $25.00
plus $5.00 for each defendant more than one.
(b) The total cost, except as hereinafter provided, for a garnish-
ment proceeding irrespective of how it shall be terminated, shall be
$19.00 plus $5.00 for each summons more than one; provided, how-
ever, where the principal amount involved is $300.00, or more, the
cost shall be $25.00 plus $5.00 for each summons more than one.
(c) The total cost, except as hereinafter provided, for a proceed-
ing against tenant holding over, irrespective of how it shall be
terminated, shall be $19.00 plus $5.00 for each defendant more than
one.
Section 2. Said Act is further amended by adding at the end of
paragraph C of subsection (d) of Section 49 new subparagraphs (15)
and (16) to read as follows:
(15) To provide for an additional $10.00 service fee to be
collected by the marshal for each legal document received for execu-
tion where an insufficient or incorrect address has been furnished to
the marshal for execution of said document.
(16) To provide for an additional $10.00 service fee and for
actual expenses incurred by the marshal for each legal document
executed outside the territorial limits of Fulton 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
repealed.
4156 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
1982 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), as amended, particularly by an Act
approved February 24, 1976, (Ga. L. 1976, p. 3023), creating a State
Court of Fulton County, and for other purposes.
This 22nd day of December, 1981.
John Tye Ferguson
Associate County Attorney,
Fulton County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. C. Daugherty 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 News which is
the official organ of Fulton County, on the following dates: Dec. 23,
30,1981 & Jan. 6,1982.
/s/ J. C. Daugherty
Representative,
33rd District
GEORGIA LAWS 1982 SESSION
4157
Sworn to and subscribed before me,
this 22nd day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MACON-BIBB COUNTY WATER & SEWERAGE
AUTHORITY EMPLOYEES PENSION PLAN
AMENDED.
No. 1014 (House Bill No. 1412).
AN ACT
To amend an Act entitled Macon-Water Commissioners Pension
Plan, approved December 30,1953 (Georgia Laws 1953, November -
December Session, page 2831 et seq.), as amended by an Act entitled
Board of Water Commissioners Retirement System Amended
(Georgia Laws 1964, page 2695 et seq.), as amended by an Act entitled
Board of Water Commissioners Retirement System Amended
(Georgia Laws 1970, page 2324 et seq.), as amended by an ordinance
of the City of Macon, Georgia entitled City of Macon-Charter
Amended-Water Commissioners Pension Plan Amended, approved
May 22, 1973, passed and approved pursuant to the authority of the
Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298 et
seq.), as amended by an Act entitled Macon-Bibb County Water &
Sewerage Act Amended (Georgia Laws 1981, page 3465 et seq.); to
strike paragraph numbered 4 of Section 3 of the Macon-Bibb County
Water & Sewerage Authority Employees Pension Plan, so as to
eliminate exclusion with respect to employees forty or more years of
age; to amend Section 4 of said Pension Plan so as to change the
employee and employer contributions from 6.5% to 4.61%; to amend
4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6(a)(10)(i), reducing the age requirement from sixty years to
fifty-five years and the years of service from twenty-five years to
fifteen years with respect to an employees retirement on actuarily
equivalent benefits; to amend Section 6(a)(12) of said Pension Plan,
reducing the requirement of twenty years service to that of ten years
service before having benefits vested as provided in said section; to
amend Section 6(a)(4) to provide that from the effective date of this
Act interest on the contributions of the members to said Plan shall be
calculated at the rate of 7% rather than the presently provided 4%; to
substitute ten years service for twenty years service in Section 8
thereof; to provide for 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 3, Paragraph 4 of an Act entitled The
Macon-Bibb County Water & Sewerage Authority Employees; Pen-
sion Plan, approved December 30,1953 (Georgia Laws 1953, Novem-
ber-December Session, page 2831 et seq.), as amended, be amended
by striking therefrom in its entirety Paragraph 4 of Section 3 thereof,
which provides as follows:
4. Any employee or officer whose age, upon the effective date of
this Act or thereafter upon employment, re-employment, qualifica-
tion or re-qualification as an employee or officer is forty (40) or more,
provided that this exception shall not apply to employees and officers
who were on November 1, 1953, members in good standing of the
Pension Plan existing, as provided by Georgia Laws 1951, page 2567,
and continued as such member of such Plan until the effective date of
repeal of the Act providing such Plan.
Section 2. Section 4(a)(1) 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:
(1) Four and 61/100 percent (4.61 %) of the total salary, wage or
compensation received from the Authority during the calendar year,
or fraction thereof, from the effective date of this Act until termina-
tion of employment.
Section 3. Section 6(2)(4) 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:
GEORGIA LAWS 1982 SESSION
4159
(4) The surviving spouse, or if no surviving spouse, the legatees
or surviving heirs at law of a member dying prior to retirement, shall
receive a death benefit equal to the full amount the member has paid
into the Pension Fund, such full amount to include all sums paid by
such member into the Pension Plan herein provided and the Pension
Plan provided by Georgia Laws 1943, page 1432, plus four percent
(4%) interest on each years contributions to the Fund by such
member up to the effective date of this amendatory Act and seven
percent (7 %) thereafter, compounded annually; such interest to be
calculated on contributions for the year immediately following the
year such contributions are made; provided such seven percent (7 %)
may be reduced or eliminated entirely by the General Assembly of
Georgia.
Section 4. Section 6, Paragraph 10 and sub-paragraph (i) of said
Act approved December 30,1953, as amended be amended by striking
the words and figures sixty (60) years and adding in lieu thereof the
words and figures fifty-five (55) years and striking the words and
figures twenty-five (25) or more years and substituting in lieu
thereof the words and figures fifteen (15) so that when amended
said section will read as follows:
(10) (i) Upon reaching fifty-five (55) years of age and prior to
attaining sixty-three (63) years of age, any member who has fifteen
(15) or more years of service as defined in Section 2(c) of this Act, may
retire, at his option and shall receive benefits actuarily equivalent to
what his benefits would be under this Act if he were sixty-three (63)
years of age on the date of such optional retirement.
Section 5. Section 6(a)(12) of said Act approved December 30,
1953, as amended, be amended by striking therefrom the words
twenty years service and substituting in lieu thereof the words ten
years service, so that said section as amended shall read as follows:
(12) In the event, after ten years service, a member terminates
his service, or his service is terminated for any reason other than
death or cause, for which the employee is not entitled to receive
benefits elsewhere under this Pension Plan, his benefits as provided
herein shall be vested, but payment thereof shall be deferred to age
sixty-three (63) years, provided the employee shall leave his contribu-
tions in the Fund; provided such employee shall be entitled, at his
option, to receive actuarily reduced benefits prior to age sixty-three
(63) years, when his service would have totaled twenty-five (25) years
had he remained in service of the Board.
4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. Section 8 of said Act approved December 30,1953, as
amended, be amended by striking the phrase twenty years service
and inserting in lieu thereof the phrase ten years service, so that
said Section 8, as amended, shall read as follows:
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 sub-section (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
used 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 ten years service, and then only
to a member whose service is terminated.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. 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 1982
Session of the General Assembly of the State of Georgia for the
passage of an Act by that body to amend an Act entitled Macon-
Water Commissioners Pension Plan, approved December 30, 1953
(Georgia Laws 1953 November-December Session, page 2831 et seq.),
as amended by the following Acts of the Georgia Legislature appear-
ing in Georgia Laws 1964, page 2695 et seq., Georgia Laws 1970, page
2324 et seq., and as amended by Ordinance of the City of Macon,
Georgia entitled City of Macon Charter Amended-Water Commis-
GEORGIA LAWS 1982 SESSION
4161
sioners Pension Plan Amended, approved May 22, 1973, passed and
approved pursuant to the authority in the Municipal Home Rule Act
of 1965 (Georgia Laws 1963, page 298 et seq.) and as amended by
Georgia Laws 1981, page 3465 et seq.
The purpose of said amendatory Act will be to strike paragraph
No. 4 of Section 3 of the Macon-Bibb County Water and Sewerage
Authority Employees Pension Plan, so as to eliminate exclusion with
respect to employees forty or more years of age; to reduce both the
employee and employer contribution to the Pension Plan from 6.5%
to 4.61%; to amend Section 6 (a) (10) (1) reducing the age require-
ment from sixty years to fifty-five years and the years of service from
twenty-five years to fifteen years with respect to an employees
retirement on actuarily equivalent benefits; to amend Section 6 (a)
(12) of said Pension Plan, reducing therein the requirement of twenty
years service to that of ten years service before having benefits
vested as provided in said section; to amend Section 6 (a) (4) to
provide that from the effective date of said Act interest on the
contributions of the members to said Plan shall be calculated of the
rate of 7 % rather than the presently provided 4 %.
This 29th day of December, 1981.
Wallace Miller, Jr.
Attorney for Macon-Bibb
County Water and Sewerage
Authority
Jones, Cork, Miller,
and Benton, Attys.
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: January 1, 8,
and 15,1982.
4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
STATE COURT OF DEKALB COUNTY AGENCY
TO PROVIDE LEGAL SERVICES TO THE POOR.
No. 1015 (House Bill No. 1555).
AN ACT
To amend an Act creating the State Court of DeKalb County,
approved February 14,1951 (Ga. L. 1951, p. 2401), as amended, so as
to authorize the chief judge of the State Court of DeKalb County to
designate an agency to develop, operate, and administer a volunteer
program to provide legal services to low-income clients involved in
civil actions; to provide for a statement of purpose; to provide for the
designation of such agency; to provide for the duties of such agency; to
provide for an additional fee in certain civil actions in the State Court
of DeKalb County; to provide for the collection and disbursement of
such fee; to limit the use of the proceeds from such fee to certain
purposes; to provide for the refund of unused funds; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
4163
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. L. 1951, p. 2401), as amended, is
amended by renumbering Sections 35 through 37 as Sections 39
through 41 and adding after Section 34 the following new sections:
Section 35. The General Assembly finds that DeKalb County has
a large number of poor people who cannot afford legal services. The
General Assembly finds that without the assistance of an attorney
poor people have great difficulty in civil matters and that trained
legal assistance for these people is essential for the judicial system to
function adequately and fairly. The General Assembly finds that the
programs currently in effect to provide legal services in civil matters
to poor people do not have the resources to meet the needs of all poor
people and, therefore, that it is necessary to encourage and develop
additional legal resources through the use of a volunteer program to
help meet these needs. Because under the Code of Ethics of the legal
profession volunteer legal representation of poor people is a duty of
all lawyers, the General Assembly finds that it is in the public interest
for the General Assembly to enact legislation to provide a means to
develop, operate, and administer a program of volunteer legal services
for poor people in civil cases.
Section 36. The chief judge of the State Court of DeKalb County
shall designate a nonprofit agency to develop, operate, and adminis-
ter a program for the provision by attorneys within DeKalb County of
volunteer legal services to low-income clients involved in civil mat-
ters. 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 37. The agency designated pursuant to Section 36 shall
have the following duties in carrying out the provisions of this Act:
(1) To develop, operate, and administer a volunteer pro-
gram among the lawyers within the county to provide legal ser-
vices on a volunteer basis to low-income clients involved in civil
matters;
(2) To report annually to the State Court of DeKalb County
on its activities conducted pursuant to this Act;
4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) To maintain an appropriate accounting of all funds
received for the purposes of this Act and to prepare and submit to
the State Court of DeKalb County an annual statement account-
ing for the use of such funds; and
(4) To refund annually all unused funds as provided in
subsection (d) of Section 38.
Section 38. (a) In the State Court of DeKalb County there
shall be collected by the clerk of the court, in addition to any other
fees or charges authorized by law, a fee of $1.00 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 be included in the costs chargeable
against the party who does not prevail.
(b) All fees collected pursuant to subsection (a) during each
month shall be paid by the clerk to the agency designated pursuant to
Section 36 no later than the last day of the next calendar quarter after
the quarter of the month in which collected.
(c) Fees collected pursuant to subsection (a) shall be used by the
agency designated pursuant to Section 36 only for the public and
charitable purposes provided by this Act.
(d) In connection with the annual accounting required in para-
graph (3) of Section 37, all fees collected pursuant to subsection (a) of
this section which have not been disbursed or committed for use in
discharging the duties described in Section 37 shall be refunded to the
clerk of the court, and such fees shall be used as other unrestricted
court costs collected by the clerk.
Section 2. This Act shall become effective on the first day of the
second month following the month in which it is approved by the
Governor or in which it becomes law without his approval; provided,
however, the agency designated pursuant to quoted Section 36 of this
Act shall not be required to perform the duties provided by quoted
Section 37 until 30 days after the receipt of the initial payment under
quoted Section 38(a).
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4165
Notice to Apply For Local Legislation.
An Act to amend an Act creating the State Court of DeKalb
County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as
amended, so as to authorize the chief judge of the State Court of
DeKalb County to designate an agency to develop, operate, and
administer a volunteer program to provide legal services to low-
income clients involved in civil actions; to provide for a statement of
purpose; to provide for the designation of such agency; to provide for
the duties of such agency; to provide for an additional fee in certain
civil actions in the State Court of DeKalb County; to provide for the
collection and disbursement of such fee; to limit the use of the
proceeds from such fee to certain purposes; to provide for the refund
of unused funds; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Jack B. Smith
Judge State Court of
DeKalb County
Ralph E. Carlisle
Judge State Court of
DeKalb County
Clarence F. Seelinger
Judge State Court of
DeKalb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ewell H. Elliott who, on oath, deposes
and says that he/she is Representative from the 49th 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 24, 31,1981 and January 7,1982.
4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Ewell H. Elliott
Representative,
49th District
Sworn to and subscribed before me,
this 29th day of January, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
STATE COURT OF COBB COUNTY
COURT COSTS.
No. 1016 (House Bill No. 1672).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, so as to
change certain costs in said court; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is
amended by striking from Section 20 the following:
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
GEORGIA LAWS 1982 SESSION
4167
hereinafter provided, the total cost, which shall include judgment and
fi. fa. for all suits and proceedings of any character, except garnish-
ment 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. 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 continuing 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 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
4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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.,
and inserting in lieu thereof the following:
From and after May 1,1982, each party at time of filing an action
or proceeding of any character 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 actions and proceedings of any character, irrespective of how they
shall be terminated, to be determined as follows: Where the principal
amount involved is less than $300.00, the cost shall be $15.00 plus
$5.00 for each defendant more than one; where the principal amount
involved is more than $300.00, the cost shall be $30.00 plus $10.00 for
each defendant more than one. Except as hereinafter provided, the
total cost for a garnishment proceeding, where the principal amount
involved is less than $300.00, regardless of how terminated, shall be
$15.00 plus $5.00 for each summons more than one. The total cost for
a garnishment proceeding where the principal amount involved is
GEORGIA LAWS 1982 SESSION
4169
more than $300.00, regardless of how terminated, shall be $30.00 plus
$10.00 for each summons more than one. The total cost for a
continuing garnishment, regardless of how terminated, shall be
$30.00. Cost for service of a defendant on a continuing garnishment
shall be $10.00. Except as hereinafter provided, the total cost for a
proceeding against a tenant holding over shall be $25.00 plus $10.00
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 each motion for a new trial and docketing
same.............................................$10.00
For affidavit to obtain alias ff. fa.....................3.00
For taking and approving supersedeas bond................10.00
For filing and docketing each appeal to the appellate
division, including filing all briefs.............10.00
For each motion for judgment notwithstanding the
verdict and docketing same........................10.00
For each summons more than two to the same defendant
in the same case due to multiple addresses........10.00
For entering judgment or remittitur from the Court of
Appeals or the Supreme Court.......................5.00
For exemplification of records............................5.00
Plus, per page..............................................25
For affidavit where no cause is pending...................3.00
For certificate and seal of court.........................2.00
For certified copy under Code Section 38-627 (Code
Section 24-7-24 of the Official Code of Georgia
Annotated)................................................3.00
Plus, per page..............................................25
4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For filing and docketing each traverse of answer of
garnishment including service.................10.00
For each additional attempted service of process on a
defendant after the second diligent attempt to
serve process by the marshal.........................10.00
Provided, however, that the clerk shall not be required to File a
traverse of garnishment unless the garnishment cost and the traverse
cost are paid at the time of filing.
Section 2. Said Act is further amended by striking from Section
20 the following:
MARSHAL
For levying each fi. fa. where amount involved is
$300.00 or less ..............................$ 10.00
For levying each fi. fa. where amount involved is
over $300.00 ................................. 10.00
For each search and return of nulla bona..............5.00
For advertising personal property for sale
the actual expenses incurred
For settling fi. fa. from Cobb County................10.00
For marshals bill of sale to personalty.............10.00
For serving subpoena..................................5.00
For serving copy of process from other counties and
returning original (to be paid in advance)....10.00
For settling execution from justices court..........10.00
GEORGIA LAWS 1982 SESSION
4171
Following property out of county with attachment,
for every mile going and returning (at a per
mile rate of)............................................20
For commission on sale of personal property on sum
of $1,000.00 or less.............................. 7%
For commission on sale of personal property on sum
in excess of $1,000,00 ........................... 5%
Service of certified copies from other counties.......11.00
Third party complaint to be served.....................11.00
For certified copy......................................1.00
For levying on writ of possession from
Cobb County.....................................10.00
For levying on writ of possession from other ..........10.00
For keeping and feeding animals the actual
expense(s) incurred
For service of process by an officer of this court out
of Cobb County mileage going and returning
(at per mile rate of)..................................20,
and inserting in lieu thereof the following:
MARSHAL
For levying each fi. fa. where amount involved is $300.00
or less .......................................$ 7.00
For levying each fi. fa. where amount involved is over
$300.00 ....................................... 13.00
For each search and return of nulla bona...............10.00
4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For advertising personal property for sale.............10.00
Plus actual expense(s) incurred
For settling fi. fa. from Cobb County..................13.00
For marshals bill of sale to personalty...............15.00
For settling fi. fa. from other counties...............13.00
For serving subpoena, motions, and orders from other
counties or courts or any pleading after
judgment from this court................................10.00
For serving copy of process from other counties and
returning original (to be paid in advance)......15.00
For settling execution from justices court.............15.00
Following property out of county with attachment, for
every mile going and returning (at a per mile
rate of) ..................................................25
For commission on sale of personal property on sum of
$1,000.00 or less.............................. 10%
For commission on sale of personal property on sum in
excess of $1,000.00............................ 7%
Service of certified copies from other counties.........15.00
Third party complaint to be served......................10.00
For certified copy.......................................3.00
Plus, per page.............................................25
For levying on writ of possession from
Cobb County.....................................15.00
GEORGIA LAWS 1982 SESSION
4173
For keeping and feeding animals the actual
expense(s) incurred
For service of process by an officer of this court out of
Cobb County mileage going and returning (at
a per mile rate of) ................................25
For levying on writ of possession from
other counties.................................15.00
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 31st day of Dec., 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
4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George W. Darden III 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: Dec. 31,1981 &
Jan. 8,15 & 22,1982.
/s/ George W. Darden III
Representative,
19th District
Sworn to and subscribed before me,
this 17th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
FULTON COUNTY COUNTY-WIDE LIBRARY
SYSTEM.
No. 1017 (House Bill No. 1691).
AN ACT
To provide for the establishment of a county-wide library system
in Fulton County; to provide the procedures for the transfer of certain
GEORGIA LAWS 1982 SESSION
4175
existing library services and facilities located within unincorporated
Fulton County, and within certain municipalities located wholly or
partially within Fulton County, together with the property, debts,
assets, and employees thereof, to the county-wide library system; to
require certain contractual agreements in connection therewith; to
provide that Fulton County, as the funding government of the
county-wide library system, shall be responsible for paying all bond
debt service requirements on the new central building for the City of
Atlanta Library System; to provide for the composition of the library
board of trustees and for the manner of appointment of members
thereto; to provide for other matters relative to the foregoing; to
provide conditions for the effectiveness of this Act and for an effective
date; to provide for severability; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The provisions of this Act shall not apply to the
City of East Point. Any reference in this Act to a municipality or
municipalities shall not be a reference to the City of East Point.
(b) Subject to the limitations of subsection (g) of this section,
after midnight June 30,1983, all public library services and facilities
in unincorporated Fulton County and within all parts of any munici-
pality located wholly or partially within Fulton County shall be
maintained, operated, and continued in existence by the county-wide
library system, and no municipality located wholly or partially within
Fulton County may operate a public library system or facility.
(c) On or before July 1,1983, each municipality located wholly or
partially within Fulton County, which operates a public library
service or facility, shall transfer to Fulton County for operation of the
county-wide library system all assets, records, employees, causes of
action, rights, obligations, debts, and all other personal property used
in the normal operation of the municipalitys library service or
facility.
(d) Except as otherwise provided herein, on or before July 1,
1983, each municipality located wholly or partially within Fulton
County which operates a public library service or facility shall trans-
fer to Fulton County for operation of the county-wide library system
the legal title to all real property with a library service or facility
thereon, together with all rights and appurtenances thereto and
4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
subject to all liens and encumbrances thereon. In the event the
county-wide library system shall fail to use, by July 1, 1984, or shall
discontinue to use, any real property transferred pursuant to this
section for a library facility or service, legal title to said real property
will automatically revert to the transferring municipality.
(e) On or before July 1, 1983, the City of Atlanta shall lease to
Fulton County, for the operation of the county-wide library system,
the new Central Building for the Atlanta Library System and all
other real property of the City of Atlanta Library System. During the
term of said lease, lease payments on such property shall be paid by
Fulton County in an amount equal to the bond debt service require-
ments of all property of the library system leased pursuant to this
section. Upon discharge and retirement of said bonds, the City of
Atlanta shall transfer legal title to all such real property of the
Atlanta Library System to Fulton County.
(f) Notwithstanding anything contained herein, nothing shall
compel conveyance of the real estate and building upon which is
situated a library of the City of College Park or a library of the City of
Hapeville. The Cities of College Park and Hapeville shall each retain
title to the real estate and structures constituting libraries of each
such city, and each such city shall by contract provide the use of such
buildings and real estate by the county-wide library system.
(g) The transfer of library facilities to the county-wide library
system as provided in this section, the authority to enter into the lease
contract provided for by subsection (e) of this section, and the
authority to enter into contracts provided for by subsection (f) of this
section shall all be contingent upon the governing authority of each
affected municipality entering into a contract with the governing
authority of Fulton County whereby the governing authority of each
municipality shall agree in substance to reduce the annual ad valorem
tax levied by each municipality, beginning with the calendar year
immediately following the calendar year during which the responsi-
bility for providing library services was assumed by the county-wide
library system, by a millage rate equal to the millage rate resulting
from converting the dollar amount saved by each respective munici-
pality from the assumption of library services by the county-wide
library system to a millage rate, based on the net tax digest of each
respective municipality. It is not necessary that a contract entered
into pursuant to this subsection be confined to the ad valorem tax
millage rate reduction formula specified above, and such contract
may be stated in such terms as may be necessary to require the
GEORGIA LAWS 1982 SESSION
4177
increase in ad valorem taxes levied by Fulton County to fund the cost
of the county-wide library system to be offset by a corresponding
decrease in ad valorem taxes levied by affected municipalities. The
county-wide library system shall not accept the transfer of library
facilities and shall not assume responsibility for library services of
any municipality failing to enter into a contract provided for by this
subsection.
Section 2. Persons who are full-time, permanent employees of
all library facilities transferred to the county-wide library system
shall have the right to enter the employment thereof without any
lapse or hiatus in their employment on the terms provided herein.
The terms of this section shall apply only to those positions with
existing library facilities which are abolished by the dissolution of
those facilities. No employee transferred to the county-wide library
system shall suffer a decrease in salary as a result of being transferred.
Every transferred employee shall be assigned by the library board of
trustees to a position of employment similar to that occupied by the
employee with the former library facility. After being so assigned, all
such employees shall be subject to the civil service laws and regula-
tions of Fulton County. For any purpose involving seniority or
requiring computation of the period of employment, the former
employment with the then existing library facility or the municipal
government shall be given the same effect as employment with the
county government. Nothing in this section shall affect the power of
the library board of trustees of the county-wide library system or any
other duly authorized officer to dismiss employees for grounds set
forth in existing laws and regulations.
Section 3. (a) As to pension and retirement rights and bene-
fits of employees being transferred from a municipality to the county,
all creditable service with the pension fund of his former employer
shall be credited with the pension fund of his new employer in
accordance with the provisions of subsection (b) of this section.
(b) Within 30 days from the date such employee is transferred,
the secretary of the pension fund of the former employer shall certify
to the secretary of the pension fund of the new employer the total
number of years of service, including fractional parts of years, accrued
to the credit of each such employee; the amount due such pension
fund by each such employee for such credit, if any; the amount of
accumulated employee contributions; and the amount of employer
matching contributions. Said secretary shall transfer all funds con-
4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tributed by said employee, together with all employer matching
contributions, to the secretary of the pension board of the new
employer. In the event that such employee shall owe any sum for
prior service credits, said sum shall be payable by such employee to
the pension fund of the new employer. In the event that any
employee shall have withdrawn any amounts contributed by him to
the pension fund of his former employer, the certification of the
secretary of such pension fund shall indicate the amount of such
contributions withdrawn, and the amount of funds transferred to the
secretary of the pension fund of the new employer shall not include
such amounts withdrawn by the employee, but shall be payable by the
employee to the pension fund of the new employer upon his transfer
or at the option of the board of trustees of the pension fund of the new
employer, such payment may be deferred and paid in equal install-
ments over a period of 60 months with interest at the rate of 7 percent
per annum. Upon the date of transfer, the transferred employee shall
become a member of the pension fund of his new employer and shall
have his rights and obligations determined in accordance with the
most recent amendments to such pension fund, but shall be entitled
to receive no less benefits from such pension fund than he would have
been entitled to receive under the most recent amendments to the
pension fund of his former employer on the day prior to his transfer.
Upon such certification and transfer of funds, as provided above, such
employee shall become entitled to credit for all years of service which
may have accrued to him with his former employer to the same extent
as if such service had been rendered to his new employer, without the
payment of additional contributions (other than amounts previously
due for prior service credits or amounts due for withdrawn contribu-
tions). The funds transferred in accordance with the above provisions
shall become the property of the pension fund of the new employer.
Section 4. (a) Responsibility for constructing, operating, and
maintaining all library facilities and services within all above-men-
tioned portions of Fulton County shall hereinafter be vested in the
county-wide library system which shall be administered by the
library board of trustees. The members of the board of trustees of the
Atlanta Public Library at the time of the effective date of this Act
shall be and become members of the library board of trustees and
shall serve in that capacity through midnight June 30, 1984. Com-
mencing July 1,1984, the composition of the library board of trustees
shall be as hereinafter provided and each member shall serve a term
of four years; provided that the term shall expire at midnight on June
30 of the fourth year of each members term.
GEORGIA LAWS 1982 SESSION
4179
(b) The mayor of the City of Atlanta or his designee shall serve
on the library board of trustees in an ex officio capacity. The mayor of
the City of Atlanta shall also appoint one member of the Atlanta city
council to serve as a regular member on the library board of trustees.
The chairman of the Fulton County board of commissioners or his
designee shall also serve on the library board of trustees in an ex
officio capacity; and the board of commissioners shall elect one
member from their board to serve as a regular member on the library
board of trustees. In addition, the Fulton County board of commis-
sioners shall appoint two members from each of the four county
commission districts and two members from the county at large;
provided, however, that four members appointed from said county
commission districts shall be residents of the City of Atlanta, and one
member appointed from the county at large shall be a resident of the
City of Atlanta.
Section 5. This Act shall become effective only if an amendment
to the Constitution authorizing the General Assembly to provide by
law for the creation of a county-wide public library system within all
counties of this state having a population of 550,000 or more accord-
ing to the United States decennial census of 1980 or any future such
census and authorizing the transfer of library systems, facilities, and
personnel of such counties and of municipalities located wholly or
partially within such counties to the county-wide library system is
ratified at the 1982 general election. If said amendment to the
Constitution is so ratified, this Act shall become effective on July 1,
1983.
Section 6. 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 7. All laws and parts of laws in conflict with this Act are
repealed.
4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for
county-wide library system within Fulton County and to provide for
the transfer of public library systems, buildings, facilities, assets,
debts, causes of action obligations, rights, personal property, employ-
ees, and personnel of Fulton County and of any municipality located
wholly or partially within Fulton County to such county-wide library
system and to provide for other matters necessary of incidental
thereto; and for other purposes.
This 3rd day of February, 1982.
G. D. Adams
Representative,
36th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, G. D. Adams who, on oath, deposes
and says that he/she is Representative from the 36th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily Report which is
the official organ of Fulton County, on the following dates: Feb. 4,11
& 18,1982.
/s/ G. D. Adams
Representative,
36th District
GEORGIA LAWS 1982 SESSION
4181
Sworn to and subscribed before me,
this 19th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF ATLANTA CORPORATE LIMITS.
No. 1018 (House Bill No. 1737).
AN ACT
To amend an Act creating a new charter for the City of Atlanta,
approved March 16,1973 (Ga. L. 1973, p. 2188), as amended, so as to
exclude certain property from the corporate limits of the city; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Atlanta,
approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is
amended by adding at the end of Section 1-105 the following:
The corporate limits of the City of Atlanta shall not contain any
part of the following described tract of land:
All that tract or parcel of land lying and being in Land Lot 56 and
57 of the 18th District of originally Henry County, now DeKalb
County, Georgia, being Lot 4, Block B of Subdivision of Johnson
Estates Addition as per plat recorded in plat book 15, page 24,
DeKalb County Records and more particularly described as follows:
4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEGINNING at a point on the Northwesterly side of Kay Lane
Two Hundred Twenty (220) feet Southwesterly from the intersection
of the Northwesterly side of Kay Lane with the Southwesterly side of
Briarcliff Road, if said streets were extended to form an angle instead
of a curve, and running thence Southwesterly along the Northwest-
erly side of Kay Lane Seventy (70) feet to Lot 5, said Block and
Subdivision; running thence Northwesterly along the Northeasterly
side of said Lot 5, One Hundred Ninety (190) feet to Lot 6, said Block
and Subdivision; running thence Northeasterly along the Southeast-
erly side of said Lot 6, Seventy (70) feet to Lot 3, said Block and
Subdivision; running thence Southeasterly along the Southwesterly
side of said Lot 3, One Hundred Ninety (190) feet to the Northwest-
erly side of Kay Lane and the point of beginning, being improved
property and having a house thereon known as No. 1500 Kay Lane, N.
E., according to the present system of numbering houses in the City of
Atlanta, Georgia.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
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 1982 Session of the General Assembly of Georgia, which convenes
on Monday, January 11, 1982, 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:
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.
GEORGIA LAWS 1982 SESSION
4183
This 28th day of December, 1981.
William M. (Bill) Alexander
Legislative Coordinator,
City of Atlanta
Tom Keating
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, John Hawkins who, on oath, deposes
and says that he/she is Representative from the 50th 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. 28,
1981, Jan. 4 & 11,1982.
/s/ John Hawkins
Representative,
50th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MORGAN COUNTY BOARD OF COMMISSIONERS,
ELECTION DISTRICTS.
No. 1020 (House Bill No. 1760).
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. L. 1935, p. 738), as amended, so as to create new election districts
for the board of commissioners; 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:
An Act creating a board of commissioners of roads and revenues in
and for the County of Morgan, approved March 22,1935 (Ga. L. 1935,
p. 738), as amended, is amended by striking Section 2 of said Act in its
entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. (a) The Board of Commissioners of Roads and
Revenues for Morgan County shall consist of five members. For the
purpose of electing the members of the board, Morgan County shall
be divided into five commissioner districts consisting of the following
territory in Morgan County:
District No. 1
Tract 9901
Blocks 315, 316, 321 through 323, 327
through 338, and 340 through 382
Tract 9902
That part of Block 201 within the City of
Madison
Blocks 202 through 206 and 213 through
215
That part of Block 216 within the City of
Madison
Blocks 218 and 261 through 264
That part of Block 270 within the City of
Madison
GEORGIA LAWS 1982 SESSION
4185
District No. 2
Tract 9901
Blocks 210 through 232 and 325
Tract 9902
Block Group 1
That part of Block 216 outside the City of
Madison
Blocks 220 through 234, 285 through 290,
410, 411, and 413 through 417
District No. 3
Tract 9901
Block Group 1
Blocks 201 through 209, 302 through 306,
317 through 320, 324, and 326
District No. 4
Tract 9902
Blocks 207 through 212, 219, and 235 through
260
That part of Block 265 within the City of
Madison
Blocks 266 through 269, 273 through 284,
291 through 299, 406 through 409, 412,
418 through 420, 431 through 437, 444
through 456, and 459 through 472
District No. 5
Tract 9901
Blocks 301 and 307 through 314
Tract 9902
That part of Blocks 201, 265, and 270 outside
the City of Madison
Blocks 271 and 272
Block Group 3
Blocks 401 through 405 and 421 through 430
(b) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Whenever the description of any district refers to a
named city, it shall mean the geographical boundaries of that city
as shown on the census maps for the United States decennial
census of 1980 for the State of Georgia.
(3) Any part of Morgan County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
Section 2. Said Act is further amended by striking Section 4 of
said Act in its entirety and inserting in lieu thereof a new Section 4 to
read as follows:
Section 4. The current members of the Board of Commissioners
of Roads and Revenues in Morgan County shall serve out the terms
for which they were elected and shall be deemed to represent the
district described in Section 2 which has the same number as such
members district had under previous law. Successors to each such
member shall be elected from the district described in Section 2 in the
manner provided in Section 3. Elections shall be conducted under the
general election laws of Georgia, and members shall be commissioned
by the Governor as other county officers are commissioned.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
Session of the General Assembly a bill 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. L. 1935, p. 738), as
amended; and for other purposes.
This 27th day of January, 1982.
GEORGIA LAWS 1982 SESSION
4187
E. Roy 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 Madisonian which is the official
organ of Morgan County, on the following dates: February 4,11 and
18,1982.
/s/ E. Roy Lambert
Representative,
112th District
Sworn to and subscribed before me,
this 24th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF TYBEE ISLAND CORPORATE LIMITS.
No. 1022 (House Bill No. 1767).
AN ACT
To amend an Act incorporating the City of Tybee Island,
approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended,
particularly by an Act approved April 17,1981 (Ga. L. 1981, p. 4914),
so as to remove certain territory from the territorial limits of the City
of Tybee; to provide that such territory shall not be a part of the City
of Tybee; to repeal a specific Act; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Tybee Island,
approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended,
particularly by an Act approved April 17,1981 (Ga. L. 1981, p. 4914),
is amended by striking from Section 4 the paragraph which reads 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 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, 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 Southeast-
erly to the Atlantic Ocean and Northeasterly to the point of
beginning.
Section 2. An Act entitled An Act to amend an Act incorporat-
ing the City of Tybee Island, approved February 20, 1970 (Ga. L.
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., approved April 17, 1981 (Ga. L. 1981, p. 4914), is
repealed in its entirety.
GEORGIA LAWS 1982 SESSION
4189
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that legislation will be introduced during the 1982
session of the Georgia General Assembly pertaining to the corporate
municipal boundaries of Tybee Island and for other purposes.
Bobby Phillips
State Representative
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: Jan. 23 &
30,1982 & Feb. 6,1982.
/s/ Bobby Phillips
Representative,
125th District
Sworn to and subscribed before me,
this 19th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FLOYD COUNTY ELECTION OF JUDGE
OF JUVENILE COURT.
No. 1023 (House Bill No. 1768).
AN ACT
To provide for the election of the judge of the Juvenile Court of
Floyd County; to provide for terms, qualifications, compensation,
removal, and vacancies; to provide for part-time practice of law by 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. The judge of the Juvenile Court of Floyd County who
was appointed and who is serving as judge upon the effective date of
this Act shall continue to serve as judge until the end of December 31,
1982, and until the election and qualification of a successor under this
Act. At the general election of 1982, and at the general election every
four years thereafter, the judge of the Juvenile Court of Floyd County
shall be elected by the voters of Floyd County. The judge so elected
shall take office on the first day of January immediately following
that election and shall serve for four years and until the election and
qualification of a successor.
Section 2. No person shall be eligible to serve as judge of the
Juvenile Court of Floyd County unless that person is a member of the
State Bar of Georgia and either has practiced law in this state for at
least three years or has worked in juvenile justice administration for
at least three years.
Section 3. The judge of the Juvenile Court of Floyd County
elected under this Act shall receive as compensation for serving
therefor a minimum salary of $17,500.00 per year. This salary shall be
paid from the funds of Floyd County and may be increased by
majority vote of the Board of Commissioners of Floyd County.
GEORGIA LAWS 1982 SESSION
4191
Section 4. The judge of the Juvenile Court of Floyd County is
authorized to practice law in addition to serving as judge but shall not
engage directly or indirectly in the practice of law in his own name, or
in the name of another, as a partner or in any manner, in any cause,
proceeding, or matter of any kind, in his own court or in any other
court in any cause, proceeding, or any other matters of which his own
court has pending jurisdiction or has had jurisdiction. The judge shall
not give advice or counsel to any person on any matter of any kind
whatsoever which has arisen directly or indirectly in his own court,
except such advice or counsel as he is called upon to give while
performing his duties as juvenile court judge. Violation of this section
shall be grounds for removal of the judge upon the vote of a majority
of the superior court judges of the Rome Judicial Circuit.
Section 5. Vacancies occurring in the office of judge of the
Juvenile Court of Floyd County shall be filled by appointment of a
successor to fill the unexpired term, which appointment shall be
made by a majority of the superior court judges of the Rome Judicial
Circuit.
Section 6. Unless in conflict with this Act, the general laws
relating to juvenile courts and the judges thereof shall be applicable
to the Juvenile Court of Floyd County and the judge thereof.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for the
manner of selection, the term of office of, vacancies in the office of,
and the qualifications and compensation of the judge of the Juvenile
Court of Floyd County as authorized by an amendment to the
Constitution which is set out at Georgia Laws 1980, p. 2200; to provide
for all related matters, and for other purposes.
4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 5th day of January, 1982.
John Adams
Representative,
14th District
Buddy Childers
Representative,
15th District
Dan H. Fincher
State Senator,
District 52
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: Jan. 7,15 & 21,
1982.
/s/ E. M. Childers
Representative,
15th District
Sworn to and subscribed before me,
this 25th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4193
CRISP COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1024 (House Bill No. 1775).
AN ACT
To amend an Act creating the Small Claims Court of Crisp
County, approved April 17,1973 (Ga. L. 1973, p. 3339), as amended by
an Act approved March 30,1977 (Ga. L. 1977, p. 4346), so as to change
the provisions relative to the cost of service; to change the provisions
relative to the cost of filing claims; 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 Crisp
County, approved April 17,1973 (Ga. L. 1973, p. 3339), as amended by
an Act approved March 30,1977 (Ga. L. 1977, p. 4346), is 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 $12.50. The cost of service shall
be advanced by the party demanding same, in addition to the filing
fee provided for hereinafter, and shall be taxed as other costs.
Section 2. Said Act is further amended by striking subsection (a)
of Section 8 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The plaintiff, when he files his claim, shall deposit with the
court the sum of $24.50, 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. The deposit of costs in cases
of attachment, garnishment, trover, statutory foreclosures on person-
alty and replevin by possessory warrant shall also be $24.50. 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, but in claim cases and illegalities,
instituted by a third party after levy, the costs shall be $7.50, 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
4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 discre-
tion.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Small Claims Court of Crisp County, approved April 17,
1973 (Ga. L. 1973, p. 3339), as amended; and for other purposes.
This 4th day of Feb., 1982.
Gene Miller
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 Cordele Dispatch which
is the official organ of Crisp County, on the following dates: Feb. 5,12
& 19,1982.
/s/ Howard H. Rainey
Representative,
135th District
GEORGIA LAWS 1982 SESSION
4195
Sworn to and subscribed before me,
this 25th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
ELECTIONS BOARDS OF ELECTIONS IN
CERTAIN COUNTIES (60,000 - 65,000)
(76,000 - 79,000).
No. 1025 (House Bill No. 1779).
AN ACT
To amend an Act providing for a board of elections in counties
having a population of not less than 60,000 and not more than 65,000
according to the United States decennial census of 1970 or any future
such census, approved February 7,1977 (Ga. L. 1977, p. 166), 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 providing for a board of elections in counties
having a population of not less than 60,000 and not more than 65,000
according to the United States decennial census of 1970 or any future
such census, approved February 7, 1977 (Ga. L. 1977, p. 166), is
amended by striking Section 1 in its entirety and substituting in lieu
thereof a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 76,000 and not more than 79,000,
4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, in accordance
with the provisions of this Act.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
COMPENSATION OF COUNTY COMMISSIONERS
IN CERTAIN COUNTIES (26,290 - 27,280)
(29,200 - 30,000).
No. 1026 (House Bill No. 1781).
AN ACT
To amend an Act providing for the compensation of county
commissioners of counties having a population of not less than 26,290
and not more than 27,280, approved March 24, 1978 (Ga. L. 1978, p.
4430), so as to provide that the Act shall apply only in counties having
a population of not less than 29,200 and not more than 30,000; to
provide 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 county
commissioners of counties having a population of not less than 26,290
and not more than 27,280, approved March 24, 1978 (Ga. L. 1978, p.
4430), is amended by striking from Section 1 the figures 26,290 and
27,280 and inserting in their respective places the figures 29,200
and 30,000 so that when so amended said Section 1 shall read as
follows:
GEORGIA LAWS 1982 SESSION
4197
Section 1. Any other provision of law to the contrary notwith-
standing, in each county of this State having a population of not less
than 29,200 and not more than 30,000 according to the United States
Decennial Census of 1970 or any future such census the chairman of
the board of commissioners shall be paid a salary of thirty-seven
hundred dollars ($3,700.00) per annum and each of the other commis-
sioners shall be paid a salary of twenty-eight hundred dollars
($2,800.00) per annum from the treasury of said county for their
services as such commissioners. Such salaries shall be paid each
member in monthly installments.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
LAURENS COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1027 (House Bill No. 1782).
AN ACT
To amend an Act creating and establishing the Small Claims
Court in and for Laurens County, Georgia, approved March 2, 1979,
(Georgia Laws 1979, p. 3071), as amended, particularly by an act
approved March 26, 1980 (Georgia Laws 1980, p. 4265), and an Act
approved April 6, 1981 (Georgia Laws 1981, p. 3733), so as to
authorize the Chief Judge of the Laurens County Superior Court to
fix an amount, not to exceed Two Dollars ($2.00), as additional court
costs to be charged and collected for the purpose of providing funds
for the Laurens County Law Library; to provide an effective date; to
repeal conflicting laws; and for other purposes.
4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims
Court for Laurens County, Georgia, approved March 2, 1979,
(Georgia Laws 1979, p. 3071), as amended, particularly by an act
approved March 26,1980 (Georgia Laws 1980, p. 4265), and by an Act
approved April 6, 1981 (Georgia Laws 1981, p. 3733), is hereby
amended by adding at the end of Section 8, relating to court costs, a
new subsection (c) to read as follows:
(c) For the purpose of providing funds to the Laurens County
Law Library, a sum not to exceed Two Dollars ($2.00), in addition to
all other legal costs, may be charged and collected in each case. The
amount of such additional costs to be charged and collected, if any, in
each case, shall be fixed by the Chief Judge of the Dublin Judicial
Circuit. The Clerk of the Small Claims Court of Laurens County shall
collect such fees and remit same to the Treasurer of the Board of
Trustees of the Laurens County Law Library on the first day of 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 Intent to Introduce Local Legislation.
Legislation will be introduced in the 1982 Session of the General
Assembly of Georgia to authorize the Chief Judge of Laurens Supe-
rior Court to set a sum not to exceed Two Dollars ($2.00), as
additional costs to be charged and collected in all cases filed in the
Small Claims Court in and for Laurens County to be remitted to the
Treasurer of the Board of Trustees of the Laurens County Law
Library.
J. Roy Rowland
Representative,
119th District
GEORGIA LAWS 1982 SESSION
4199
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 County News which is the
official organ of Laurens County, on the following dates: Jan. 23 & 30,
1982 & Feb. 6,1982.
/s/ J. Roy Rowland
Representative,
119th District
Sworn to and subscribed before me,
this 25th day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
HEARD COUNTY SMALL CLAIMS COURT
CREATED.
No. 1029 (House Bill No. 1859).
AN ACT
To create and establish a Small Claims Court of Heard County; to
provide for the initial judge; to provide for the appointment, duties,
4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 of Heard 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 $2,000.00, said jurisdiction to be concurrent
with the jurisdiction of any court or courts now or hereafter estab-
lished in Heard 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 governing authority of Heard County initially
shall appoint a citizen of Heard County to serve as judge of the small
claims court until December 31, 1984. Thereafter the judge of the
small claims court shall be appointed by the governing authority to
serve a term of four years or until a successor is appointed and
qualified. All vacancies in the office of the judge shall be filled by
appointment of a successor by the governing authority 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
whatsoever appertaining to his or her office, the governing authority
of Heard County shall appoint an acting judge who shall perform such
duties and 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, and in the matter aforesaid, of the judge unable to act so long as
said judge is disabled.
Section 4. Any duties herein prescribed to be performed by the
clerk may be performed by the judge; although the judge may
appoint, subject to the approval of the governing authority of Heard
County, a person to act as clerk, and the compensation of said clerk
shall be set by the governing authority of Heard County.
GEORGIA LAWS 1982 SESSION
4201
Section 5. (a) All fees collected by the judge as herein autho-
rized shall be paid into the general funds of Heard County.
(b) The judge of the small claims court shall receive as his or her
sole compensation a monthly salary, not to exceed $6,000.00 per
annum, the exact amount of which shall be fixed by the governing
authority of Heard County.
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 Heard 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 action, 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
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.
4202 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, 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 15 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. (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
proceedings except the service of the notice or writ. 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 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 or her discretion.
(b) 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 9. (a) On the day set for the hearing or such later 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.
(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.
GEORGIA LAWS 1982 SESSION
4203
(c) If the plaintiff fails to appear, the action 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 Heard
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 action or by the defendant
within five days after service of notice of the action 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.
Section 14. 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 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.
4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, 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 1982 SESSION
4205
Plaintiff
(or Agent)
Sworn and subscribed before me
this _____ day of________________, 19
Notary Public
Notice.
TO:
Defendant
Home Address
or
Business Address
You are 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.
4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
You may come with or without an attorney.
Judge-Clerk of the
Small Claims Court
of Heard County
(Seal).
Section 17. All office space, equipment, forms, docket books, file
jackets, filing cabinets, and the like required by the Small Claims
Court of Heard County shall be furnished by the governing authority
of Heard County from funds of the county.
Section 18. In the event any section, subsection, sentence,
clause, or phrase of this Act shall be declared or adjudged invalid or
unconstitutional, such adjudication shall in no manner affect the
other sections, subsections, sentences, clauses, or phrases of this Act,
which shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 19. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 20. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to create the
Small Claims Court of Heard County; to provide for other matters
relative thereto; and for other purposes.
GEORGIA LAWS 1982 SESSION
4207
This the 11th day of February, 1982.
Steve Lipford
Sole Commissioner,
Heard County, Georgia
Georgia, Heard County.
Personally appeared before the undersigned officer duly autho-
rized to administer oaths in the State of Georgia, B. T. McCutchen
who, first being duly sworn, says on oath that he is the publisher of
The News and Banner, the official organ of Heard County, and that
the foregoing attached notice was duly published in said newspaper
for three weeks, to-wit: February 17,24, March 3,1982.
/s/ B. T. McCutchen
Publisher
Sworn to the subscribed before me,
this the 3rd day of March, 1982.
/s/ Barbara Rivers
Notary Public, Georgia State at Large.
My Commission Expires April 6, 1982.
(Seal)
Approved April 12, 1982.
4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ELECTIONS ACT CREATING ELECTION
BOARDS IN CERTAIN COUNTIES AMENDED
(18,200 - 18,300) (19,200 - 19,400).
No. 1030 (House Bill No. 1872).
AN ACT
To amend an Act providing for a board of elections in each county
in the state having a population of not less than 18,200 nor more than
18,300 according to the United States decennial census of 1970 or any
future such census, approved April 18,1975 (Ga. L. 1975, p. 4506), 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 providing for a board of elections in each
county in the state having a population of not less than 18,200 nor
more than 18,300 according to the United States decennial census of
1970 or any future such census, approved April 18,1975 (Ga. L. 1975,
p. 4506), is amended by striking Section 1 in its entirety and substi-
tuting in lieu thereof a new Section 1 to read as follows:
Section 1. There is hereby created in each county in the State
having a population of not less than 19,200 nor more than 19,400,
according to the United States Decennial Census of 1980, or any
future such census, a board of elections which shall have jurisdiction
over the conduct of primaries and elections in such county.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
4209
PULASKI COUNTY-HAWKINSVILLE
DEVELOPMENT AUTHORITY MEMBERS.
No. 1031 (House Bill No. 1874).
AN ACT
To amend an Act authorizing the Pulaski County-Hawkinsville
Development Authority to exercise certain powers, approved March
25,1980 (Ga. L. 1980, p. 3905), so as to change the membership of the
Authority; to provide an effective date; to repeal conflicting laws; and
for other purposes.
WHEREAS, the constitutional amendment creating the Pulaski
County-Hawkinsville Development Authority, said amendment
being set forth in Ga. L. 1968, p. 1496, provides that the General
Assembly may by law regulate the management and conduct of the
Authority.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the Pulaski County-Hawkinsville
Development Authority to exercise certain powers, approved March
25,1980 (Ga. L. 1980, p. 3905), is amended by adding between Section
1 and Section 2 of said Act a new Section 1.1 to read as follows:
Section 1.1. (a) The Authority shall consist of eight members as
follows:
(1) One member shall be the County Commissioner of
Pulaski County.
(2) Three members shall be appointed by the County Com-
missioner of Pulaski County.
(3) One member shall be the Chairman of the Board of
Commissioners of the City of Hawkinsville.
(4) Three members shall be appointed by the Board of
Commissioners of the City of Hawkinsville.
(b) All members of the Authority on May 1, 1982, except those
holding membership by virtue of their holding office as County
4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner of Pulaski County and Chairman of the Board of
Commissioners of the City of Hawkinsville whose terms of office as
members of the Authority shall run concurrently with their terms of
office as such, shall continue in office until the expiration of the term
of office for which they were appointed. Upon the expiration of their
terms, the County Commissioner of Pulaski County shall appoint
three members and the Board of Commissioners of the City of
Hawkinsville shall appoint three members who shall serve for terms
of two years and until their successors are appointed and qualified.
Successors shall be appointed by the original appointing authority for
terms of two years and until their successors are appointed and
qualified. Any vacancy in the office of a member shall be filled by the
original appointing authority for the unexpired term. A majority of
the members shall constitute a quorum for transacting business but
no vacancy shall impair the power of the Authority to act.
Section 2. This Act shall become effective on May 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
There will be introduced in the regular 1982 Session of the Georgia
General Assembly legislation to amend the method of appointment of
members of the Pulaski County-Hawkinsville Development Author-
ity; to eliminate as a member the chief exeuctive officer of the Bank of
Finleyson; to repeal conflicting laws; and for other purposes.
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
GEORGIA LAWS 1982 SESSION
4211
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Dispatch and News, Hawkinsville which is
the official organ of Pulaski County, on the following dates: Feb. 10,
17 & 24,1982.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TOWN OF GUYTON CORPORATE LIMITS.
No. 1032 (House Bill No. 1875).
AN ACT
To amend an Act creating a new charter for the Town of Guyton,
approved March 10,1933 (Ga. L. 1933, p. 952), as amended, particu-
larly by an Act approved April 28,1969 (Ga. L. 1969, p. 3964), so as to
remove a certain geographical area from the territorial limits of the
Town of Guyton; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating a new charter for the Town of
Guyton, approved March 10, 1933 (Ga. L. 1933, p. 952), as amended,
particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3964),
is amended by adding at the end of Section 2 of said Act a new
undesignated subsection to read as follows:
The following described tract of land shall not constitute a part
of the territorial limits of the Town of Guyton:
That certain tract of land originally annexed into the Town
of Guyton on May 10, 1979, and being more fully described as
follows:
ALL that certain tract or parcel of land situate, lying
and being in the town of Guyton, 10th G.M. District of
Effingham County, Georgia, containing Twenty-six and
eight-tenths (26.8) acres, more or less, and being described as
follows, to-wit: Commencing at a point located on the south-
ern boundary of a public road in the town of Guyton where
the common boundary line of lands now or formerly of
Charles W. and Eva M. Stewart and the lands herein
described adjoin, and at said point, this being the point of
beginning; thence from said point north 4425 east, a
distance of 230.2 feet to a point; thence south 4432 east, a
distance of 209.6 feet to a point; thence north 4544 east, a
distance of 313.3 feet to a point; thence north 4534 west, a
distance of 84.4 feet to a point; thence south 4652 east, a
distance of 323.5 feet to a point; thence south 4505 east, a
distance of 753.5 feet to a point; thence south 4609 west, a
distance of 210 feet to a point; thence south 4503 east, a
distance of 421.1 feet to a point; thence south 4511 west, a
distance of 457.7 feet to a point; thence north 44 19 west, a
distance of 33 feet to a point; thence south 6704 west, a
distance of 665.5 feet to a point; thence north 2246 west, a
distance of 1105.5 feet to a point, this being the point of
beginning.
Express reference is hereby made to a plat of said lands
made by Robert L. Bell, Georgia Registered Land Surveyor
#274, dated November 1, 1967, and recorded in the office of
the Clerk of Superior Court of Effingham County, Georgia, in
Map Record Book 4, page 68, for better determining the
metes and bounds of said lands herein described.
GEORGIA LAWS 1982 SESSION
4213
Excluding, however, that certain Eighty-nine hun-
dredths (0.89) acre parcel of land which was conveyed by deed
dated April 4, 1974, and recorded in the office of the Clerk of
Superior Court of Effingham County, Georgia, in Deed Book
169, page 159.
The lands herein described being the same lands con-
veyed by warranty deed from Dannie W. Oglesby to Wallace
W. Cornwell dated September 26, 1977, and recorded in the
office of the Clerk of Superior Court of Effingham, Georgia, in
Deed Book 181, page 175.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Legislation.
Legislation will be introduced at the present session of the Georgia
Legislation to de-annex the land known as the Oglesby tract, now
owned by Wallace Cornwell, containing 26 acres more or less.
Annexed by the City of Guyton the 10th day of April, 1979.
Earl Bazemore, Mayor
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: Feb.
4,11 & 16,1982.
/s/ George A. Chance Jr.
Representative,
129th District
4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
WARREN COUNTY COMPENSATION OF TAX
COMMISSIONERS EMPLOYEES.
No. 1034 (House Bill No. 1878).
AN ACT
To amend an Act abolishing the offices of tax collector and tax
receiver in Warren County, Georgia, and creating the office of tax
commissioner of Warren County, Georgia, approved February 23,
1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2519), as amended, so as to
change the provisions relating to the compensation of assistants and
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 abolishing the offices of tax collector and tax
receiver in Warren County, Georgia, and creating the office of tax
commissioner of Warren County, Georgia, approved February 23,
1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2519), as amended, is amended
by striking Section 4 in its entirety and inserting in lieu thereof a new
Section 4 to read as follows:
Section 4. The said tax commissioner is authorized to employ
such assistants and clerks as he deems necessary to perform the
GEORGIA LAWS 1982 SESSION
4215
duties of his office, and said tax commissioner shall receive $9,100.00
with which to compensate such assistants and clerks. The tax
commissioner shall be authorized to contract for computer services to
carry out the duties of his office. The cost of such computer services
shall be paid from the funds of Warren County.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act abolishing the offices of Tax Collector and Tax Receiver in
Warren County, Georgia, and creating the office of Tax Commis-
sioner of Warren County, Georgia, approved February 23, 1953 (Ga.
Laws 1953-Jan.-Feb. Sess. P. 2519), as amended by Act No. 543 at the
1977 session of the General Assembly, and also amended by Act No.
1167 at the 1978 session of the General Assembly, so as to place the
Tax Commissioner of Warren County, Georgia, on a salary; to provide
for clerical help, and for other purposes.
This 6th day of February, 1982.
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
Legislation was published in The Warrenton Clipper which is the
4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Warren County, on the following dates: February 12,
19,26,1982.
/s/ Ben Barron Ross
Representative,
76th District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
POLK COUNTY COMPENSATION OF BOARD
OF COMMISSIONERS.
No. 1035 (House Bill No. 1879).
AN ACT
To amend an Act creating a Board of Commissioners of Polk
County, approved August 19,1919 (Ga. L. 1919, p. 719), as amended,
particularly by an Act approved March 23,1977 (Ga. L. 1977, p. 4019),
so as to change the salary of the Chairman and each of the other
members of the Board of Commissioners of Polk County; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4217
Section 1. An Act creating a Board of Commissioners of Polk
County, approved August 19,1919 (Ga. L. 1919, p. 719), as amended,
particularly by an Act approved March 23,1977 (Ga. L. 1977, p. 4019),
is amended by striking section 8 in its entirety and inserting in lieu
thereof a new section 8 to read as follows:
Section 8. The Chairman of the Board of Commissioners of Polk
County shall receive an annual salary of $4,200.00 payable in equal
monthly installments out of the funds of Polk County. The other
members of the Board of Commissioners of Polk County shall each
receive an annual salary of $3,600.00 payable in equal monthly
installments out of the funds of Polk County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 1982 Session of the General Assembly of Georgia, a Bill to amend
an Act of the General Assembly of Georgia, creating a Board of
Commissioners of Polk County, approved August 19, 1919 (Ga. L.
1919, P. 719), as amended, particularly by an Act approved March 23,
1977, (Ga. L. 1977, P. 6019), for the purpose of establishing an annual
salary for the Chairman and members of the Board of Commissioners
of Polk County, Georgia; to provide a method of payment thereof, and
for other purposes.
This 28th day of January, 1982.
Polk County Board of
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Cummings who, on oath, deposes
4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he/she is Representative from the 17th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Cedartown Standard which is the
official organ of Polk County, on the following dates: Feb. 2, 9 & 16,
1982.
/s/ Bill Cummings
Representative,
17th District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
PIKE COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1036 (House Bill No. 1881).
AN ACT
To amend an Act creating and establishing a Small Claims Court
in Pike County, approved April 10, 1971 (Ga. L. 1971, p. 3692), as
amended, particularly by an Act approved April 1,1980 (Ga. L. 1980,
p. 4419), so as to change the provisions relating to costs and fees; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
4219
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims
Court in Pike County, approved April 10,1971 (Ga. L. 1971, p. 3692),
as amended, particularly by an Act approved April 1, 1980 (Ga. L.
1980, p. 4419), is amended by striking Section 8 in its entirety and
inserting in lieu thereof a new Section 8 to read as follows:
Section 8. (a) The plaintiff, when he files his claim, shall deposit
with the court the sum of $19.50, 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 $22.00. If a party
shall fail to pay accrued cost, the judge shall have power to deny said
party the right to file any new case while such costs remain unpaid,
and likewise to deny such litigant the right to proceed further in any
case pending. The award of court cost, as between the parties, shall
be according to the discretion of the judge and shall be taxed in the
cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party
claiming personal property that has been attached or levied upon
under an attachment or execution issued from the Small Claims
Court, the levying officer shall forthwith return the same to said court
and, unless the claimant (at the time he files his claim affidavit)
makes written demand for a jury trial, the issues raised by such claim
affidavit shall be heard and determined by the judge of said Small
Claims Court, and the Judge shall be entitled to $22.50 for every such
claim case. The same practice and procedure shall apply as in cases of
affidavits of illegality. The plaintiff in attachment or plaintiff in
execution may make written demand for a trial by jury within five
days after a claim affidavit and bond is filed with the levying officer.
The party demanding such trial shall deposit with the court a sum
sufficient to defray the expenses of such trial, including the summon-
ing of prospective jurors and jury fees, the amount to be determined
by the judge. The costs in such cases, including the costs of a jury
trial, shall be finally taxed against the party cost in said proceeding.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
4220 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
1982 Session of the General Assembly of Georgia a bill to amend an
Act establishing a Small Claims Court in Pike County, approved April
10, 1971 (Ga. Laws 1971, page 3692), as amended, so as to change
certain fees of said Court; and for other purposes.
This the 12th day of February, 1982.
Bill Jones
Representative,
District 78
Marvin Adams
Representative,
District 79
Janice Horton
Senator,
District 17
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Jones who, on oath, deposes and
says that he/she is Representative from the 78th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Pike County Journal and Reporter, Zebulon
which is the official organ of Pike County, on the following dates: Feb.
17 & 24,1982 & March 3,1982.
/s/ Bill Jones
Representative,
78th District
GEORGIA LAWS 1982 SESSION
4221
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
PIKE COUNTY SHERIFFS COMPENSATION.
No. 1037 (House Bill No. 1882).
AN ACT
To amend an Act abolishing the present mode of compensating
the Sheriff of Pike County, known as the fee system, and providing in
lieu thereof an annual salary, approved March 30,1977 (Ga. L. 1977,
p. 4448), as amended, so as to change the compensation provisions
relating to the sheriff; to provide for increases in salary; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the present mode of compensating
the Sheriff of Pike County, known as the fee system, and providing in
lieu thereof an annual salary, approved March 30, 1977 (Ga. L. 1977,
p. 4448), as amended, is amended by striking Section 2 in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. (a) The Sheriff of Pike County shall receive an annual
salary equal to the highest minimum salary in effect at 12:00 in the
forenoon on January 1, 1985, provided by general law for the Sheriff,
Judge of Probate Court, Clerk of Superior Court, or Tax Commis-
sioner of Pike County.
4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The amount of salary shall be increased by 5 percent per
each four-year term of office served by a Sheriff after January 1,1985,
or by any increase provided by general law for the office, whichever
amount of increase is the higher.
Section 2. This Act shall become effective on January 1,1985, at
12:00 in the forenoon.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that, pursuant to a Resolution of the Board
of Commissioners of Pike County, there will be introduced at the
regular 1982 session of the General Assembly of Georgia a bill to
amend an Act abolishing the present mode of compensating the
Sheriff of Pike County, known as the fee system, and providing in lieu
thereof an annual salary, approved March 24,1965 (Ga. Laws 1965, p.
2438), as amended, so as to change the compensation provisions
relating to the Sheriff of Pike County; to provide for increases in
salary; to repeal conflicting laws; and for other purposes.
This 1st day of February, 1982.
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 Pike County Journal and Reporter
which is the official organ of Pike County, on the following dates:
February 3,10 and 17,1982.
GEORGIA LAWS 1982 SESSION
4223
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
PIKE COUNTY COMPENSATION OF PROBATE
COURT JUDGE.
No. 1038 (House Bill No. 1883).
AN ACT
To amend an Act abolishing the present mode of compensating
the Judge of the Probate Court of Pike County, known as the fee
system, and providing in lieu thereof an annual salary, approved
March 23,1977 (Ga. L. 1977, p. 3934), as amended, so as to change the
compensation provisions relating to the judge of the probate court; to
provide for increases in 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 abolishing the present mode of compensating
the Judge of the Probate Court of Pike County, known as the fee
system, and providing in lieu thereof an annual salary, approved
March 23, 1977 (Ga. L. 1977, p. 3934), as amended, is amended by
4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
striking Section 2 in its entirety and inserting in lieu thereof a new
Section 2 to read as follows:
Section 2. (a) The Judge of the Probate Court of Pike County
shall receive an annual salary equal to the highest minimum salary in
effect at 12:00 in the forenoon on January 1,1985, provided by general
law for the Sheriff, Judge of Probate Court, Clerk of Superior Court,
or Tax Commissioner of Pike County.
(b) The amount of salary shall be increased by 5 percent per
each four-year term of office served by a Judge of the Probate Court
after January 1, 1985, or by any increase provided by general law for
the office, whichever amount of increase is the higher.
Section 2. This Act shall become effective on January 1,1985, at
12:00 in the forenoon.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that, pursuant to a Resolution of the Board
of Commissioners of Pike County, there will be introduced at the
regular 1982 session of the General Assembly of Georgia a bill to
amend an Act abolishing the present mode of compensating the Judge
of the Probate Court of Pike County, known as the fee system, and
providing in lieu thereof an annual salary, approved March 23, 1977
(Ga. Laws 1977, p. 3934), as amended, so as to change the compensa-
tion provisions relating to the judge of the Probate Court; to provide
for increases in compensation; to repeal conflicting laws; and for other
purposes.
This 1st day of February, 1982.
Marvin Adams
Representative,
79th District
GEORGIA LAWS 1982 SESSION
4225
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 Pike County Journal and Reporter
which is the official organ of Pike County, on the following dates:
February 3,10 and 17,1982.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
PIKE COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 1039 (House Bill No. 1884).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and
Tax Collector of Pike County into the office of Tax Commissioner of
4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as
amended, so as to change the compensation provisions relating to the
tax commissioner; to provide for increases in compensation; to pro-
vide 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 Pike County into the office of Tax Commissioner of
Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as
amended, is 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 Pike County shall
receive an annual salary equal to the highest minimum salary in effect
at 12:00 in the forenoon on January 1, 1985, provided by general law
for the Sheriff, Judge of Probate Court, Clerk of Superior Court, or
Tax Commissioner of Pike County.
(b) The amount of salary shall be increased by 5 percent per
each four-year term of office served by a Tax Commissioner after
January 1, 1985, or by any increase provided by general law for the
office, whichever amount of increase is the higher.
Section 2. This Act shall become effective on January 1,1985, at
12:00 in the forenoon.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that, pursuant to a Resolution of the Board
of Commissioners of Pike County, there will be introduced at the
regular 1982 session of the General Assembly of Georgia a bill to
amend an Act consolidating the offices of Tax Receiver and Tax
Collector of Pike County into the office of Tax Commissioner of Pike
County, approved April 4,1967 (Ga. Laws 1967, p. 2448), as amended,
so as to change the compensation provisions relating to the Tax
Commissioner; to provide for compensation of the Tax Commissioner
of Pike County; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
4227
This 1st day of February, 1982.
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 Pike County Journal and Reporter
which is the official organ of Pike County, on the following dates:
February 3,10 and 17,1982.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF THOMASTON UPSON COUNTY
BOARD OF TAX ASSESSORS ACT AMENDED.
No. 1040 (House Bill No. 1885).
AN ACT
To amend 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. L. 1970, p. 2487), so as to change the
term of the members of the joint board of tax assessors; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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. L. 1970, p. 2487), is amended by
striking Section 1 in its entirety and inserting in lieu thereof a new
Section 1 to read as follows:
Section 1. The board of tax assessors of real and personal
property of the City of Thomaston and the County of Upson are
consolidated and combined into the joint board of tax assessors of the
City of Thomaston and the County of Upson for ad valorem tax
purposes for the entire territorial area of said city and said county.
Said board of tax assessors shall consist of four members, two of
whom shall be resident freeholders of said city and shall be selected
by the governing body of said city and two of whom shall be resident
freeholders of said county, but who may reside within any city located
in said county, and shall be selected by the board of commissioners of
said county. In January, 1983, in order to accomplish continuity of
membership on said board, each of said governing bodies shall
appoint one member to said board for a term of one year and shall,
simultaneously, appoint one member to said board for a term of two
years. Thereafter, the appointment of each member to said board
shall be for a term of two years and until a successor shall have been
appointed and qualified unless a member becomes disqualified
during a term of office or is removed at an earlier date, in which event
the governing authority selecting such member shall select a succes-
sor to complete such unexpired term.
GEORGIA LAWS 1982 SESSION
4229
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given of intention to apply for local legislation in
the 1982 Session of the General Assembly of Georgia to amend the act
consolidating and combining the Board of Tax Assessors of the City
of Thomaston and the County of Upson which is contained in Georgia
Laws 1970, at pages 2487-2496 to change the terms of the members of
said Joint Board of Tax Assessors.
This 4th day of February, 1982.
D. 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 and Free Press
which is the official organ of Upson County, on the following dates:
February 10,17 and 24,1982.
/s/ Marvin Adams
Representative,
79th District
4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
PIKE COUNTY COMPENSATION OF
CLERK OF SUPERIOR COURT.
No. 1041 (House Bill No. 1886).
AN ACT
To amend an Act abolishing the present mode of compensating
the clerk of the Superior Court of Pike County, known as the fee
system, and providing in lieu thereof an annual salary, approved
March 30,1977 (Ga. L. 1977, p. 4448), as amended, so as to change the
compensation provisions relating to the clerk of the superior court; to
provide for increases in 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 abolishing the present mode of compensating
the clerk of the Superior Court of Pike County, known as the fee
system, and providing in lieu thereof an annual salary, approved
March 30, 1977 (Ga. L. 1977, p. 4448), as amended, is amended by
striking Section 2 in its entirety and inserting in lieu thereof a new
Section 2 to read as follows:
Section 2. (a) The clerk of the Superior Court of Pike County
shall receive an annual salary equal to the highest minimum salary in
GEORGIA LAWS 1982 SESSION
4231
effect at 12:00 in the forenoon on January 1,1985, provided by general
law for the sheriff, judge of the Probate Court, clerk of the Superior
Court, or tax commissioner of Pike County.
(b) The amount of salary shall be increased by 5 percent per
each four-year term of office served by a clerk of the superior court
after January 1, 1985, or by any increase provided by general law for
the office, whichever amount of increase is the higher.
Section 2. This Act shall become effective on January 1,1985, at
12:00 in the forenoon.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that, pursuant to a Resolution of the Board
of Commissioners of Pike County, there will be introduced at the
regular 1982 session of the General Assembly of Georgia a bill to
amend an Act abolishing the present mode of compensating the Clerk
of the Superior Court of Pike County, known as the fee system, and
providing in lieu thereof an annual salary, approved March 30, 1977
(Ga. Laws 1977, p. 4448), as amended, so as to change the compensa-
tion provisions relating to the Clerk of the Superior Court; to provide
for increases in compensation; to repeal conflicting laws; and for other
purposes.
This 1st day of February, 1982.
Marvin Adams
Representative,
79th District
4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Pike County Journal and Reporter
which is the official organ of Pike County, on the following dates:
February 3,10 and 17,1982.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
PAULDING COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 1042 (House Bill No. 1891).
AN ACT
To amend an Act creating the office of Tax Commissioner of
Paulding County, approved February 25,1949 (Ga. L. 1949, p. 1335),
GEORGIA LAWS 1982 SESSION
4233
as amended, particularly by an Act approved April 11, 1979 (Ga. L.
1979, p. 4559), so as to change the compensation of the 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 creating the office of Tax Commissioner of
Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335),
as amended, particularly by an Act approved April 11, 1979 (Ga. L.
1979, p. 4559), is amended by striking the first sentence of the First
paragraph of Section 4 which reads as follows:
Be it further enacted by the aforesaid, that the Tax Commis-
sioner of Paulding County shall be compensated in the amount of
$16,000.00 per annum which shall be paid in equal monthly install-
ments from the funds of said county.,
and inserting in lieu thereof the following:
Be it further enacted by the aforesaid, that the Tax Commis-
sioner of Paulding County shall be compensated in the amount of
$19,000.00 per annum which shall be paid in equal monthly install-
ments from the funds of the county.,
so that when so amended the first paragraph of Section 4 shall read as
follows:
Be it further enacted by the aforesaid, that the Tax Commis-
sioner of Paulding County shall be compensated in the amount of
$19,000.00 per annum which shall be paid in equal monthly install-
ments from the funds of the county. Said salary shall be the only
compensation of the tax commissioner and shall be in lieu of all fees,
commissions, costs, fines, emoluments, and perquisites of whatever
kind, including those commissions allowed by an Act approved March
9,1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor
vehicle license plates by local 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 an Act relating to the commission on taxes collected in
excess of a certain percentage of the taxes due according to the tax net
digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 295),
as amended.
4234 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia an Act to amend an
Act Creating The Office of Tax Commissioner of Paulding County,
approved February 25,1949 (GA. L. 1949, Page 1335), as amended so
as to change the compensation of the Tax Commissioner.
Steve Thompson
Representative,
District 19, Post 2
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Thompson who, on oath,
deposes and says that he/she is Representative from the 19th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Dallas New Era which is the official
organ of Paulding County, on the following dates: February 11, 18
and 25,1982.
/s/ Steve Thompson
Representative,
19th District
GEORGIA LAWS 1982 SESSION
4235
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
DEKALB COUNTY COMMISSIONER DISTRICTS.
No. 1044 (Senate Bill No. 737).
AN ACT
To amend an Act revising, superseding, and consolidating the laws
relating to the governing authority of DeKalb County and creating a
chairman and board of commissioners of said county, approved
March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an
Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to change the
provisions relating to the descriptions of commissioner districts; 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. L. 1956, p. 3237), as amended, particu-
larly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), is
amended by striking subsection (b) of Section 2 in its entirety and
substituting in lieu thereof a new subsection (b) to read as follows:
(b) For the purpose of electing the five district commissioners,
DeKalb County shall be divided into five Commissioner Districts as
follows:
4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 1 shall consist of the following Census
Tracts of such county:
Tracts 211, 212.02 through 212.07, 213.01
through 213.04, and 214.03
Tracts 217.01
Block Groups 1 and 4
Tracts 217.02 and 218.03
Commissioner District 2 shall consist of the following Census
Tracts of such county:
Tracts 201 through 204
Tracts 214.01, 214.02, and 214.04
Tract 215
Tracts 216.01 through 216.03
Tract 217.01
Blocks 201 through 203 and 214
Block Group 3
Tracts 223.01 and 223.02
Tracts 224.01 through 224.03
Tracts 225 through 228
Commissioner District 3 shall consist of the following Census
Tracts of such county:
Tracts 205 through 209
Tract 229
Block Groups 4,5, and 6
Tract 231.01
Tracts 234.03 and 234.04
Tract 234.05
Block Groups 1 and 2
Tract 234.06
Block 305
Tract 235.01
Tract 235.02
Block 215
Block Group 3
Blocks 401 through 410
Tracts 236 and 237
Tracts 238.01 through 238.03
GEORGIA LAWS 1982 SESSION
4237
Commissioner District 4 shall consist of the following Census
Tracts of such county:
Tract 217.01
Blocks 205 through 209, 211 through 213,
216, and 217
Block Group 9
Tracts 218.02 and 218.04
Tracts 219.01 through 219.03
Tracts 220.01 through 220.03
Tracts 221 and 222
Tract 232.01
Tract 233.01
Block Groups 1, 2, and 3
Blocks 401, 402, 404, and 405
Commissioner District 5 shall consist of the following Census
Tracts of such county:
Tract 229
Block Groups 1, 2, and 3
Tract 230
Tracts 231.02 through 231.04
Tracts 232.02 and 232.03
Tract 233.01
Block 403
Block Group 5
Tracts 233.02 through 233.04
Tract 234.05
Block Groups 3, 4, and 5
Tract 234.06
Block Groups 1 and 2
Blocks 301, 302, 304, 306
through 322, 324, 325,
327 through 335, 337,
352, and 353
Block Groups 4, 5, 6, 7, and 9
Tract 234.07
Tract 235.02
Block Group 1
Blocks 201 through 203,
205 through 210, and 216
through 218
Blocks 412 and 413
Tract 235.03
4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For the purposes of this subsection, the term census tract, block,
and block group shall have the same meaning and describe the same
geographical boundaries 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.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
revising, superseding, and consolidating the laws relating to the
governing authority of DeKalb County and creating a chairman and
board of commissioners of said county, approved March 8,1956 (Ga.
L. 1956, p. 3237), as amended, particularly by an Act approved April
9, 1981 (Ga. L. 1981, p. 4304), so as to revise the provisions of said
amendatory Act relating to commissioner districts; and for other
purposes.
This 25th day of January, 1982.
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: Jan. 28,1982 & Feb.
4 & 11,1982.
GEORGIA LAWS 1982 SESSION
4239
/s/ Robert H. Bell
Senator,
5th District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DEKALB COUNTY DEKALB COMMUNITY
COLLEGE, REFERENDUM.
No. 1045 (Senate Bill No. 757).
AN ACT
To provide for an advisory referendum within DeKalb County to
determine the opinion of the electorate relative to DeKalb Commu-
nity College continuing to be operated as an institution of the DeKalb
County Board of Education or being transferred to the Board of
Regents and operated as a unit of the University System of Georgia;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the purpose of this Act to provide for an advisory
referendum within DeKalb County to determine if a majority of the
voters of said county wish to retain DeKalb Community College as an
institution of the Board of Education of DeKalb County with contin-
ued funding from DeKalb County education funds or transfer said
4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
college to the Board of Regents of the University System of Georgia to
be operated at state expense as a unit of said university system.
Section 2. It shall be the duty of the election superintendent of
DeKalb County to issue the call for an advisory election for the
purpose of submitting statements to the electors of DeKalb County to
make the determination described in Section 1 of this Act. 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 the 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 each week for two weeks immediately preceding the
date thereof in the official organ of DeKalb County. The ballot shall
have printed thereon the following:
Advisory Referendum
Place a check mark by the statement shown below with which you
most agree:
( ) If the Board of Regents agrees to the transfer,
DeKalb Community College, including all its
buildings and properties, should be trans-
ferred to the Board of Regents and operated
solely at state expense as a unit of the Univer-
sity System of Georgia.
( ) DeKalb Community College should be retained as
an institution of the Board of Education of
DeKalb County with continued funding from
the education funds of DeKalb County even
if such funding requires that taxes be raised
beyond the current 1 mill rate limit.
Section 3. It shall be the duty of the election superintendent of
DeKalb County to hold and conduct the advisory election provided
for in this Act and to tabulate the results of such election. It shall be
the further duty of said superintendent to certify the results of said
election to the Secretary of State and to each member of the General
Assembly whose Senatorial or Representative District lies wholly or
GEORGIA LAWS 1982 SESSION
4241
partially within DeKalb County. The expense of such election shall
be borne by DeKalb County.
Section 4. It is found, determined, and declared that the holding
of the advisory referendum election provided for in this Act is in all
respects for the benefit of the people of DeKalb County and is for a
public purpose and an essential governmental function for which
public funds may be expended.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill relative to the
opinion of the DeKalb County electorate concerning DeKalb Com-
munity College and for other purposes.
This 28th day of January, 1982.
Lawrence (Bud) Stumbaugh
Senator,District 55
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bud Stumbaugh who, on oath,
deposes and says that he/she is Senator from the 55th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur-DeKalb News which is the
official organ of DeKalb County, on the following dates: Feb. 4,11 &
18,1982.
4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Bud Stumbaugh
Senator,
55th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF CLAXTON CHARTER AMENDED.
No. 1046 (Senate Bill No. 771).
AN ACT
To amend an Act creating the charter of the City of Claxton,
approved April 5, 1961 (Ga. L. 1961, p. 3312), as amended, so as to
change the authority of the Mayor to name city appointments to
various boards and commissions; to change the personnel policy of the
City of Claxton; to change the procedure in which the budget is
determined; to give the Mayor of the City of Claxton the right and
power of veto and require a two-thirds majority of the City Council to
override the veto; to eliminate the position of City Marshal; to change
the position of City Clerk from an annual appointment to a position
of permanent employee; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4243
Section 1. An Act creating the charter of the City of Claxton,
approved April 5,1961 (Ga. L. 1961, p. 3312), as amended, is amended
by striking from subsection (a) of Section 5 the following:
He shall have the right to hire all city employees subject to the
approval of the council, and he may discharge any city employee with
the consent and approval of the council.,
and inserting in lieu thereof the following:
The Mayor shall have the right and authority to name all of the
city appointments to all boards and commissions; however, these
appointments are subject to approval of the council. The Mayor shall
further have the right and authority to name all committee chairper-
sons from the membership of the council and designate to them the
administrative assistance necessary to run their department.,
so that when so amended subsection (a) of Section 5 shall read as
follows:
(a) Mayor. The Mayor shall be the chief executive officer of the
city; have general supervision of the affairs of the city; and shall see
that the laws of said city are executed and the officers of said city are
faithful in the discharge of their duties. He shall cause the books and
records of said city and of its officers to be inspected; and shall have
control of the police force of said city and may appoint special police
officers whenever he deems necessary. He may exercise within the
corporate limits of said city, all the powers conferred on a sheriff or
constable to keep the peace and suppress riot and disorder, and to
that end shall have power, when necessary in his opinion, to call on
every male inhabitant of said city over 18 years of age to aid in
suppressing riot and disorder and in enforcing the laws of said city.
The Mayor shall have the right and authority to name all of the city
appointments to all boards and commissions; however, the appoint-
ments are subject to the approval of the council. The Mayor shall
further have the right and authority to name all committee chairper-
sons from the membership of the council and designate to them the
administrative assistance necessary to run their department.
Section 2. Said Act is further amended by striking from subsec-
tion (b) of Section 5 the following:
4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The council shall fix an annual budget for the City and approve
all expenditures made by the City.,
and inserting in lieu thereof the following:
The city clerk, under the direction of the Mayor and Council,
shall prepare an annual budget. The budget, once approved, shall
become the approved expenditures for the fiscal year and all other
expenditures must be approved by the City Council except capital
improvement equipment which must be approved by the Mayor and
City Council.,
so that when so amended subsection (b) of Section 5 shall read as
follows:
(b) City Council. The Council of the City of Claxton shall be
the legislative body. It shall pass all ordinances pursuant to the
authority herein set forth. Ordinances shall be proposed and read at a
regular meeting of the Council, and shall not be passed until the next
regular meeting. The city clerk, under the direction of the Mayor and
Council, shall prepare an annual budget. The budget, once approved,
shall become the approved expenditures for the fiscal year and all
other expenditures must be approved by the City Council except
capital improvement equipment which must be approved by the
Mayor and City Council. The Council, upon the advice of the Mayor,
shall prescribe the compensation of all city employees and officials,
except that of the Mayor and Councilmen.
Section 3. Said Act is further amended by adding at the end of
Section 5 a new subsection (f) to read as follows:
(f) Veto. The Mayor of the City of Claxton has the power and
authority to veto any action approved by the City Council and must
exercise said power and authority by or during the next regular
meeting of the Mayor and City Council or lose said power and
authority. The City Council may override said veto by having a
simple two-thirds majority vote of the City Council and said right to
override said veto shall vest until the conclusion of the next regular
meeting of the Mayor and City Council.
Section 4. Said Act is further amended by striking Section 9
which reads as follows:
GEORGIA LAWS 1982 SESSION
4245
Section 9. City Officers and Employees. The Mayor and Council
of the City of Claxton, Georgia, at the first regular meeting held in
January of each year, or as soon thereafter as is practicable, shall elect
the following officers of the City of Claxton, to serve for the ensuing
year, a majority of the votes cast being in each case sufficient to elect:
(a) A city clerk and treasurer, the offices of which may be
combined if the Mayor and Council see fit.
(b) A city marshal who may be one and the same person as the
chief of police.
The terms of these officers shall run for one year, with the right to
discharge such officers at any time for neglect of duty, immoral
conduct, conviction of crime, or for other reason which would prevent
such officers from satisfactorily filling the positions to which they
were elected, provided notice and hearing be given to such officer or
officers in the event of discharge if demanded, before the Mayor and
Council.
The Mayor and Council shall fix the compensation to be paid to
these officers, and may take from the clerk, treasurer or any other city
official bond for the discharge of their duties and accounting for the
monies in their hands in such amounts as the Mayor and Council shall
direct. In the event one and the same person shall act as clerk and
treasurer only one bond shall be required of such an officer. Each of
said bonds shall be approved by the mayor, and all of said officers
before entering upon their duties shall take and subscribe an oath to
faithfully discharge the duties of the office to which each of them has
been named. The salaries of such officers shall be paid out of the city
treasury.,
in its entirety and substituting in lieu thereof a new Section 9 to read
as follows:
Section 9. Clerk and Treasurer. A city clerk and treasurer, the
office of which may be combined if the Mayor and Council see fit,
shall be a regular employee of the city and therefore shall be governed
by the rules and regulations of the personnel policies adopted from
time to time by Mayor and Council.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
4246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Proposed Amendment to the
Charter of the City of Claxton.
Notice is hereby given that there will be introduced at the regular
session of the General Assembly of Georgia, a bill to amend the
charter of the City of Claxton approved April 5,1981 (Ga. Laws 1981,
p. 3312), so as to give the Mayor the right and power of veto and
require a two-thirds majority of council to override the veto; to
eliminate the position of City Marshal; to change the position of City
Clerk from an annual appointment to a position of permanent
employee; to change the procedure in which the annual budget is
determined; clarifying the fiscal years to be used by the City; to
change the personnel policy of the City of Claxton; to change the
amount charged for additional units to customers of the water system
of the City of Claxton; to change the authority of the Mayor to name
city appointments to various boards and commissions; and for other
purposes.
This 8th day of February, 1982.
Gayle Kicklighter
Clerk of Council,
City of Claxton
Georgia, Evans County.
I Mitchell E. Peace, Editor and Publisher of the Claxton Enter-
prise, the official organ of Evans County, Georgia, in which advertise-
ments of the Sheriffs sales are published, do certify that the attached
is a true and accurate copy of Notice of Intention To Introduce Local
Legislation, said Notice having been published on February 11,1982,
February 18,1982, and February 25,1982.
This 26th day of February, 1982.
GEORGIA LAWS 1982 SESSION
4247
/a/ Mitchell E. Peace
Editor and Publisher,
The Claxton Enterprise
Claxton, Georgia 30417
Sworn to and subscribed before me,
this 26th day of February, 1982.
/s/ Wm. E. Callaway, Jr.
Notary Public, Georgia.
Approved April 12, 1982.
MILLER COUNTY COMPENSATION OF
BOARD OF COMMISSIONERS.
No. 1048 (House Bill No. 1304).
AN ACT
To amend an Act creating a board of commissioners of Miller
County, approved August 22,1905 (Ga. L. 1905, p. 569), as amended,
particularly by an Act approved February 28, 1966 (Ga. L. 1966, p.
2303), so as to change the provisions relating to the compensation of
the members of the board other than 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 Miller
County, approved August 22,1905 (Ga. L. 1905, p. 569), as amended,
particularly by an Act approved February 28, 1966 (Ga. L. 1966, p.
2303), is amended by striking Section 15 in its entirety and substitut-
ing in lieu thereof a new Section 15 to read as follows:
4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 15. Each member of the board of commissioners except
the chairman shall be compensated from the funds of Miller County
in an amount not less than $50.00 nor more than $250.00 per month.
The exact amount of said compensation shall be set by the board of
commissioners upon a motion duly made and adopted and recorded
in the minutes of said 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
act creating a board of commissioners of roads and revenues for Miller
County, approved August 22,1905 (Ga. L. 1905 p. 569), as amended,
particularly by an act approved February 28, 1966 (Ga. L. 1966, p.
2303), so as to change the compensation of the members of the board,
other than the chairperson; to repeal conflicting laws; and for other
purposes.
This 21st day of December, 1981.
Danny S. Shepard
Attorney for Miller County
207D West Main Street
Colquitt, Ga. 31737
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
GEORGIA LAWS 1982 SESSION
4249
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Miller County Liberal,
Colquitt which is the official organ of Miller County, on the following
dates: Dec. 24,31,1981 & Jan. 7,1982.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 19th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF DACULA MAYOR AND COUNCIL
MEMBERS.
No. 1050 (House Bill No. 1402).
AN ACT
To amend an Act creating a new charter for the City of Dacula,
approved February 21,1978 (Ga. L. 1978, p. 3040), as amended, so as
to change the provisions relating to qualifications for the office of
mayor or council member; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating a new charter for the City of Dacula,
approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, is
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. Council terms and qualifications of office. The
members of the council shall serve for terms of two years and until
their respective successors are elected and qualified. No person shall
be eligible to serve as mayor or council member unless he shall have
been a resident of the city for a period of at least one year immediately
prior to the date of the election of mayor or members of the council;
each shall continue to reside there during his period of service and
shall be registered and qualified to vote in municipal elections of this
city.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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. L. 1978, P. 3040), as amended, so as to provide for a
residency requirement for persons seeking the office of Mayor or City
Council; and for other purposes.
This 28th day of December, 1981.
Vinson Wall
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Vinson Wall who, on oath, deposes
and says that he/she is Representative from the 61st District, and
that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1982 SESSION
4251
Legislation was published in the Gwinnett Daily News which is the
official organ of Gwinnett County, on the following dates: Jan. 8,15, &
22,1982.
/s/ Vinson Wall
Representative,
61st District
Sworn to and subscribed before me,
this 22nd day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY
ACT AMENDED.
No. 1051 (House Bill No. 1404).
AN ACT
To amend an Act creating the Downtown LaGrange Development
Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as
amended, so as to change the limits of the Downtown LaGrange
District; to amplify the purpose of the authority; to specify the
conditions under which the authority may loan money to or borrow
money from a member or a person, firm, or organization in which a
member has a direct or indirect financial interest; to repeal conflict-
ing laws; and for other purposes.
4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Downtown LaGrange Develop-
ment Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as
amended, is amended by striking Section 3 in its entirety and
inserting in lieu thereof a new Section 3 to read as follows:
Section 3. There is hereby created within the City of LaGrange
the Downtown LaGrange District which shall be composed of all that
territory embraced within the following description:
All that tract or parcel of land lying and being in the City of
LaGrange, Georgia, and being more particularly described as
follows: Beginning at the intersection of the center line of North
Greenwood Street and Smith Street and running thence in an
easterly direction along the center line of Smith Street to its
intersection with the center line of Morgan Street; running thence
in a southerly direction along the center line of Morgan Street to
its intersection with a line formed by extending the southern
margin of Greenville Street to its intersection with the center line
of Morgan Street; running thence north 87 degrees 19 minutes east
for a distance of 22 feet to a nail found; running thence north 87
degrees 19 minutes east for a distance of 76.80 feet to a chiseled
square in concrete pillar; running thence north 89 degrees 29
minutes east for a distance of 55 feet to an iron pin found; running
thence north 89 degrees 13 minutes east for a distance of 5.10 feet
to an iron pin found; running thence north 74 degrees 47 minutes
east for a distance of 77.27 feet to an iron pin found; running
thence north 76 degrees 34 minutes east for a distance of 50 feet to
a point; running thence south 15 degrees 12 minutes east for a
distance of 104.38 feet to a point; thence running south 78 degrees
37 minutes west for a distance of 50.05 feet to an iron pin found;
thence running south 78 degrees 54 minutes west for a distance of
26.19 feet to an iron pin found; thence running south 01 degree 52
minutes west for a distance of 91.84 feet to an iron pin found;
thence running south 88 degrees 47 minutes west for a distance of
133.26 feet to an iron pin found; thence running south 88 degrees
37 minutes west for a distance of 76.93 feet to a nail found; running
thence south 88 degrees 37 minutes west for a distance of 25 feet to
the center line of Morgan Street; running thence in a southerly
direction along the center line of Morgan Street to its intersection
with the center line of West Depot Street; running thence in a
westerly direction along the center line of West Depot Street to its
GEORGIA LAWS 1982 SESSION
4253
intersection with the center line of South Lewis Street; running
thence in a northerly direction along the center line of South
Lewis Street to its intersection with the center line of Vernon
Street; running thence in a westerly direction along the center line
of Vernon Street to its intersection with the center line of Green-
wood Street (North Greenwood Street); running thence in a
northerly direction along the center line of North Greenwood
Street to its intersection with the center line of Smith Street,
which is the Point of Beginning.
Section 2. Said Act is further amended by adding immediately
following Section 7 two new sections, to be designated Sections 7A
and 7B, to read as follows:
Section 7A. The authority shall promote the redevelopment of
the Downtown LaGrange District, which includes, but is not limited
to, renovation and rehabilitation of existing buildings, structures, and
improvements and acquisition and construction of new buildings,
structures, and improvements located in the Downtown LaGrange
District, all for the purpose of the development of trade, commerce,
industry, or employment in the Downtown LaGrange District. The
powers of the authority may be exercised for this purpose and for this
purpose alone. The purpose of the authority is hereby declared to be
essential and public purpose, permitting the public good and welfare
and benefiting the citizens of the Downtown LaGrange District and
the City of LaGrange. This Act shall be liberally construed to effect
its purpose.
Section 7B. The authority may, when it promotes the public
purpose of the authority, loan money to or borrow money from a
member of the authority or any person, firm, or organization in which
a member has a direct or indirect financial interest, provided such
member shall disclose such interest and shall not vote or otherwise
participate in the decision of the authority relating to such matter.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend the
Act creating the Downtown LaGrange Development Authority,
approved March 5,1975 (Ga. Laws 1975, p. 2623) (amended February
12, 1980, Ga. Laws 1980, p. 3034) so as to redefine the Downtown
LaGrange District; and for other purposes.
This 9th day of December, 1981.
Charlie Solomon
Vice Chairman,
Downtown LaGrange
Development Authority
East Depot Street
LaGrange, Georgia
Affidavit of Publisher of Newspaper.
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: 12-11-1981,
12-18-1981, 12-26-1981 being three publications of said notice and
petition, issued on dates aforesaid respectively.
/s/ Glen 0. Long
Publisher
GEORGIA LAWS 1982 SESSION
4255
Sworn and subscribed before me,
this 19th day of January 1982.
/s/ Faye Harper
Notary Public, Troup County.
(Seal).
Approved April 12, 1982.
BIBB COUNTY WATER & SEWERAGE AUTHORITY
ACT AMENDED.
No. 1052 (House Bill No. 1411).
AN ACT
To amend an Act known as Bibb County Water & Sewerage
Authority Act approved March 2, 1966, as amended by an Act
approved April 11, 1973, which, among other things, changed the
name of the Authority to Macon-Bibb County Water & Sewerage
Authority, as amended by an Act approved February 8, 1974, and as
amended by two Acts approved March 26, 1980; to repeal paragraph
(b) of Sect. 4.5, entitled Additional Powers, of the Charter of said*
Authority, appearing at page 2033 of Georgia Laws 1974; to authorize
the Authority to acquire insurance coverages, insuring its property,
its Authority members, its officers and its employees, in regard to the
following types of insurance coverages, including but not limited to
fire, windstorm and extended coverage insurance vehicular liability
insurance; all other types of liability insurance; casualty insurance,
fidelity insurance, comprehensive insurance, public officials liability
insurance, general public liability insurance covering all hazards;
group life insurance, group accident insurance, group health insur-
ance, or any combination thereof; together with any and all other
types of insurance the Authority in its judgment and discretion deems
meet and proper in the conduct of its business, and on such terms and
conditions, and in such amounts as said Authority deems appropriate
4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in its judgment and discretion, and with the payment of premiums
and charges therefor, together with any other costs incident thereto,
to be paid in whole or in part by the Authority and out of general
funds of the Authority; 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 the State of Georgia,
and it is enacted by authority of the same as follows:
Section 1. Paragraph (b) of Section 4.5 entitled Additional
Powers of the Charter of the Macon-Bibb County Water & Sewerage
Authority, appearing at page 2033 of Georgia Laws 1974, be, and the
same is hereby, repealed, and there is enacted in lieu thereof the
following:
(b) Said Authority shall further have the power to acquire
insurance coverages, insuring its property, its Authority members, its
officers and employees, in regard to the following types of insurance
coverages, but not limited to, fire, windstorm and extended coverage
insurance, vehicular liability insurance; all other types of liability
insurance; casualty insurance, fidelity insurance, comprehensive
insurance, public officials liability insurance, general public liability
insurance covering all hazards, group life insurance, group accident
insurance, group health insurance, group hospitalization insurance
and group medical insurance, or any combination thereof, together
with any and all other types of insurance on its property, its officers,
Authority members and employees, the Authority in its judgment
and discretion deems meet and proper in the conduct of its business,
and on such terms and conditions, and in such amounts as said
Authority deems appropriate in its judgment and discretion, and with
the payment of premiums and charges therefor, together with any
other costs incident thereto, to be paid in whole or in part by the
Authority, and out of the general funds of the Authority, as the
Authority may determine.
Section 2. This Act shall become effective upon approval by the
Governor, or its becoming law without his approval.
Section 3. All laws and parts of law in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1982 SESSION
4257
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 1982
Session of the General Assembly of the State of Georgia for the
passage of an Act amending an Act known as Bibb County Water
and Sewerage Authority Act, approved March 2, 1966, as amended
by an Act approved April 11, 1973, which, among other things,
changed the name of the Authority to Macon-Bibb County Water and
Sewerage Authority, as amended by an Act approved February 8,
1974, and as amended by two Acts approved March 26,1980.
The purpose of said amendatory Act will be to authorize the
Authority to acquire insurance coverages, insuring its property, its
Authority members, its officers and its employees in regard to the
following types of insurance coverages, including but not limited to
fire, windstorm and extended coverage insurance, vehicular liability
insurance; all other types of liability insurance, casualty insurance,
fidelity insurance, comprehensive insurance, public officials liability
insurance, general public liability insurance covering all hazards;
group life insurance, group accident insurance, group health insur-
ance, or any combination thereof; together with any and all other
types of insurance the Authority in its judgment and discretion deems
meet and proper in the conduct of its business, and on such terms and
conditions, and in such amounts as said Authority deems appropriate
in its judgment and discretion, and with the payment of premiums
and charges therefor, together with any other costs incident thereto,
to be paid in whole or in part by the Authority and out of general
funds of the Authority.
This December 30, 1981.
Wallace Miller, Jr.
Attorney for Macon-Bibb
County Water and Sewerage
Authority
Jones, Cork, Miller
and Benton, Attys.
4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: January 1, 8,
and 15,1982.
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
PUTNAM COUNTY SMALL CLAIMS COURT
CREATED.
No. 1055 (Senate Bill No. 751).
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
GEORGIA LAWS 1982 SESSION
4259
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 repeal a specific 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. 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 22 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.
4260 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
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. (a) All court costs collected by the judge as herein
authorized shall be paid into a depository at a chartered bank
designated by the judge. Said depository shall serve as the treasury of
the small claims court. The salary of the judge, compensation of court
personnel, and other expenses in the operation of the small claims
court shall be paid from such treasury by the judge.
(b) The judge of the Small Claims Court of Putnam County is
placed on an annual salary, the amount of which shall be determined
annually by the judge of such court. An entry shall be made annually
in the records of such court specifying such salary.
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,
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
GEORGIA LAWS 1982 SESSION
4261
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.
(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 $15.00, which shall cover all costs of the
4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
proceeding except service of the notice; and the deposit of cost in
cases of attachment, garnishment, or trover shall be $15.00. Cost for
issuance of a fi. fa. after judgment 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 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 deter-
mined 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.
(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
GEORGIA LAWS 1982 SESSION
4263
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 accom-
plish 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-
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 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. The sheriff of Putnam County and his deputies shall also have
4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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:)
GEORGIA LAWS 1982 SESSION
4265
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
($_______), 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.
4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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) Within ten days from the effective date of
this Act, the members of the House of Representatives and Senate
whose respective districts are embraced or partly embraced within
Putnam County, meeting in caucus, shall appoint, with the approval
of the Governor, the judge of the Small Claims Court of Putnam
County. The initial judge shall take office on the first day of the
month next following such appointment to serve for four years and
until his successor is appointed and qualified. Thereafter, the mem-
bers of the House of Representatives and the Senate whose respective
districts are embraced or partly embraced within Putnam County
shall appoint, with the approval of the Governor, the judge of the
small claims court. Said appointments shall be made in the month
preceding the expiration of the term of office of the judge of the small
claims courts, and the judge so appointed shall take office on the first
day of the month next following such appointment to serve for four
years and until his successor is appointed and qualified.
(b) The judge of the small claims court shall be exempt from jury
duty in any other court in Putnam County.
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
GEORGIA LAWS 1982 SESSION
4267
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 immediately 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 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
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.
4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 small claims court in Putnam County as
created by an Act approved March 24,1970 (Ga. L. 1970, p. 3423).
Section 26. An Act creating and establishing a Small Claims
Court of Putnam County (House Bill 1434) enacted at the 1982
session of the General Assembly of Georgia is repealed in its entirety.
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
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 upon its approval by
the Governor or upon its becoming law without his approval.
Section 29. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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.
GEORGIA LAWS 1982 SESSION
4269
This the 28 day of December, 1981.
Bobby E. Parham
State of Georgia.
Putnam County.
Personally appeared before me, a notary public within and for the
above State and County, the undersigned who deposes and says that
he is the publisher of The Eatonton Messenger and is duly authorized
to make this affidavit and the attached legal advertisement has been
published in The Eatonton Messenger on the following dates: Dec.
31,1981, Jan. 7,14, 21 of 1982.
/s/ Battle Smith
Publisher
Sworn to and subscribed before me,
this 26 day of February, 1982.
/s/ Margaret T. Fullmore
Notary Public, Georgia State at Large.
My Commission Expires June 16, 1982.
Approved April 12, 1982.
4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BRYAN COUNTY MEMBERS OF BOARD OF
COMMISSIONERS, REFERENDUM.
No. 1056 (Senate Bill No. 752).
AN ACT
To provide for the election of members of the Board of Commis-
sioners of Bryan County; to provide for commissioner districts and
posts; to provide for initial and regular terms of office; to provide for
filling vacancies; to provide for practices and procedures; to provide
for other matters relative to the foregoing; to provide for a referen-
dum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The Board of Commissioners of Bryan County
shall be composed of five members, who shall be qualified voters of
Bryan County. The terms of office of all members presently serving as
elected members of the board shall expire on December 31,1984, and
new members of the board shall be elected as provided in this Act.
(b) For the purpose of electing members of the board of commis-
sioners, Bryan County is divided into three commissioner districts to
be composed of that territory embraced within the following Militia
Districts within Bryan County:
Commissioner District 1 - G.M.D. 19 (Pembroke)
Commissioner District 2 - G.M.D. 1380 (Ellabell)
Commissioner District 3 - G.M.D. 20 (Richmond Hill)
(c) For the purpose of electing the members of the board of
commissioners, there shall be two commissioner posts on the board in
addition to the three commissioner districts provided for in subsec-
tion (b) of this section. The member elected to Post 1 shall be the
chairman of the board and shall be elected from the county at large by
the qualified voters of the entire county. The member elected to Post
2 shall be the vice-chairman of the board and shall be elected from the
county at large by the qualified voters of the entire county. The
member elected from Commissioner District 1 shall be a resident of
said commissioner district and shall be elected by the qualified voters
GEORGIA LAWS 1982 SESSION
4271
residing within Commissioner District 1. The member elected from
Commissioner District 2 shall be a resident of said commissioner
district and shall be elected by the qualified voters residing within
Commissioner District 2. The member elected from Commissioner
District 3 shall be a resident of said commissioner district and shall be
elected by the qualified voters residing within Commissioner District
3. Candidates for election to the board shall designate the commis-
sioner district or numbered post on the board for which they offer as a
candidate.
(d) The initial members of the board to be elected under the
provisions of this Act shall be elected in the general election in
November, 1984, and shall take office January 1,1985. The members
elected to Post 1 and Commissioner Districts 1 and 3 shall serve for an
initial term of office of four years each and until their respective
successors are duly elected and qualified. The members elected to
Post 2 and Commissioner District 2 shall serve for an initial term of
two years each and until their respective successors are duly elected
and qualified. Following the initial terms of office provided herein,
all members shall be elected in the general election immediately
preceding the expiration of the respective terms of office and shall
take office on the first day of January immediately following their
election for terms of office of four years and until their respective
successors are duly elected and qualified.
(e) Vacancies which occur on the board during the first year and
nine months of a term of office shall be filled by the remaining
members of the board electing a successor to serve until the next
general election. In any such event, a successor shall be elected in a
special election to be held at the same time as such general election
and the person so elected shall serve for the remainder of the
unexpired term of office. Vacancies occurring during the last two
years and three months of a term of office shall be filled by the
remaining members of the board electing a successor to serve out the
unexpired term of office.
(f) The Board of Commissioners of Bryan County provided for
by this Act shall be the governing authority of Bryan County and shall
exercise all powers heretofore vested in the Board of Commissioners
of Bryan County by local or general law or by the Constitution of
Georgia.
4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. After the date of the approval of this Act by the
Governor, or after it otherwise becomes law, it shall be the duty of the
election superintendent of Bryan County to issue the call for an
election for the purpose of submitting this Act to the electors of Bryan
County for approval or rejection. The superintendent shall set the
date of such election for a day not less than 40 nor more than 30 days
from the date of the scheduled general election for the county during
the year in which this Act becomes law. The superintendent shall set
the date of such election for a day to coincide with the date of the
general election in the county during 1982. The election superinten-
dent shall cause the date and purpose of the election to be published
once a week for two weeks immediately preceding the date thereof in
the official organ of Bryan County. The ballot shall have written or
printed thereon the words:
( ) YES Shall the Act providing for the
( ) NO election of a five-member Board of
Commissioners for Bryan County
be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
provided in Section 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 Bryan 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. If this Act is approved by the voters of Bryan County
as provided in Section 2 of this Act, then the provisions of this Act
relating to and necessary for the election of the members of the Board
of Commissioners of Bryan County at the 1984 general election shall
be effective only for such purposes upon the certification of the
results of the election provided for in Section 2 of this Act; and this
Act shall be effective for all purposes on January 1,1985.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4273
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
Session of the General Assembly of Georgia a bill to amend an act
creating the Board of Commissioners of Bryan County, approved
March 22,1941 (Georgia Law 1941 D-765) as amended; and for other
purposes.
This 19th day of Feb., 1982.
Glenn E. Bryant
State Senator,
Third District
State of Georgia. County of Liberty.
Personally appeared before me, the undersigned Notary Public
Bobby Branch who after being duly sworn stated under oath that he is
the President and Publisher 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 Feb. 24-26 March 3.
/s/ Bobby Branch
Publisher
Sworn to and subscribed before me,
this 5th day of March, 1982.
/s/ Carol E. Bryant
Notary Public, Georgia State at Large.
My Commission Expires Nov. 11, 1985.
Approved April 12, 1982.
4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LUMPKIN COUNTY SUPERINTENDENT OF
SCHOOLS, REFERENDUM.
No. 1057 (Senate Bill No. 755).
AN ACT
To provide for the appointment of the superintendent of schools
of Lumpkin County by the Board of Education of Lumpkin County;
to provide for a referendum and other conditions for the effectiveness
of this Act; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. On and after January 1, 1985, the county school
superintendent of Lumpkin County shall be appointed by the Board
of Education of Lumpkin County to serve at the pleasure of said
board or for such definite term of office, not exceeding four years, as
may be established or granted by said board. The county school
superintendent whose term of office expires on December 31, 1984,
shall continue to serve for the term of office to which elected, but no
successor to said officer shall be elected at the 1984 general election.
In the event the county school superintendent whose term of office
expires on December 31, 1984, ceases, for any reason, to hold such
office prior to that date, the Board of Education of Lumpkin County
shall be authorized to appoint a successor pursuant to the authority of
this section. All constitutional and statutory provisions relative to
county school superintendents shall be applicable to a county school
superintendent appointed by the Board of Education of Lumpkin
County pursuant to this section.
Section 2. Not less than five nor more than 15 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
Lumpkin County to issue the call for an election for the purpose of
GEORGIA LAWS 1982 SESSION
4275
submitting this Act to the electors of the Lumpkin County school
district for approval or rejection. The superintendent shall set the
date of such election for a day not less than 29 nor more than 45 days
after the date of the issuance of the call. The superintendent shall
cause the date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the official
organ of Lumpkin County. The ballot shall have written or printed
thereon the words:
( ) YES Shall the Act providing for the ap-
( ) NO pointment of the county school su-
perintendent of Lumpkin County
by an elective Board of Education
of Lumpkin County be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect
subject to the requirements of 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 Lumpkin 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. If this Act is approved at the election provided for by
Section 2 of this Act, it shall become effective only if an Act providing
for the election of members of the Lumpkin County Board of Educa-
tion is approved by a majority of the voters of the Lumpkin County
school district voting on the question of the creation of said board of
education at a special election held during 1982. If said Act creating
said elective board of education is not so approved, this Act shall be
null, void, and of no force and effect notwithstanding the outcome of
the election provided for in Section 2 of this Act.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for the
appointment of the Lumpkin County Superintendent of Schools by
the Board of Education of Lumpkin County if an elective board of
education is created for the Lumpkin County School District; to
provide for any matters relative thereto; to provide for a referendum;
and for other purposes.
This 11th day of January, 1982.
Philip G. Buchlvester
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 Dahlonega Nugget which is the official organ of
Lumpkin County, on the following dates: Jan. 15, 22 & 29,1982.
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4277
LUMPKIN COUNTY BOARD OF EDUCATION,
REFERENDUM.
No. 1058 (Senate Bill No. 756).
AN ACT
To provide for the election of the members of the Board of
Education of Lumpkin County; to provide for other matters relative
to the foregoing; to provide for a referendum; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of Lumpkin County shall be
composed of a chairman and four additional members. All members
shall be elected from the Lumpkin County school district at large, but
the members other than the chairman shall be residents of districts as
hereinafter provided.
Section 2. (a) For the purpose of electing the four members of
said board of education who must be residents of districts, the
Lumpkin County school district shall be divided into four education
districts as follows:
District No. 1
Tract 9901
Those parts of Blocks 234 and 310 within
the City of Dahlonega
4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9902
Those parts of Blocks 157, 158, 163, 164,
and 201 through 204 within the City of
Dahlonega
Block Groups 3 and 4
District No. 2
Tract 9901
Block 233
That part of Block 234 outside the City of
Dahlonega
Blocks 311 and 339 through 341
Tract 9902
Blocks 136 through 141 and 150 through 156
Those parts of Blocks 157 and 158 outside
the City of Dahlonega
Blocks 159 through 162
Those parts of Blocks 163, 164, 203, and
204 outside the City of Dahlonega
Blocks 205 through 248
District No. 3
Tract 9901
Blocks 116, 118 through 120, 129, 130, 132
through 167, 170, 235 through 241, and
301 through 309
That part of Block 310 outside the City of
Dahlonega
Blocks 312, 315 through 318, 321 through
324, 326, and 329 through 338
Tract 9902
Those parts of Blocks 201 and 202 outside
the City of Dahlonega
District No. 4
Tract 9901
Blocks 101 through 115, 117, 121 through
128, 131, and 202 through 232
Tract 9902
Blocks 101 through 122, 124 through 127,
129 through 135, and 142 through 149
GEORGIA LAWS 1982 SESSION
4279
(b) As used in subsection (a) of this section, the terms Tract,
Block Group, and Block shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia, County of Lumpkin. Whenever the description of
any education district refers to a named city, it shall mean the
geographical boundaries of that city as shown on the census maps for
the United States decennial census of 1980 for the State of Georgia,
County of Lumpkin. Any part of the Lumpkin County school district
which is not included in an education district described in subsection
(a) of this section shall be included within that district contiguous to
such part which contains the least population according to the 1980
decennial census.
(c) Each district member of the board of education shall be a
resident of the respective education district during the members
term of office, and a candidate for membership on said board shall
have been a resident of the education district for which the candidate
offers for election at least one year prior to the date of election. Each
person offering for election as a district member of said board shall
specify the education district for which the person is offering. The
chairman of the board may reside anywhere within the Lumpkin
County school district. All members of the board shall be elected by a
majority of the qualified voters voting within the Lumpkin County
school district. All members of said board shall be nominated and
elected in accordance with the provisions of Chapter 2 of Title 21 of
the Official Code of Georgia Annotated known as the Georgia
Election Code. (Code Title 34 of the Code of Georgia of 1933 until
November 1,1982).
Section 3. (a) The first members of the board from Educa-
tion Districts 2 and 4 and the chairman shall be elected at the general
election of 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, their successors shall be elected at the general
election immediately preceding the expiration of the terms of office
and shall take office on the first day of January immediately following
their election for terms of four years and until their successors are
elected and qualified. The first member elected from Education
District 2, as provided herein, shall be the successor to the incumbent
member of the heretofore existing Board of Education of Lumpkin
County whose term of office is scheduled to expire on April 30,1984,
and the term of office of such incumbent member is hereby shortened
4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to expire on December 31, 1982. The first member elected from
Education District 4, as provided herein, shall be the successor to the
incumbent member of the heretofore existing Board of Education of
Lumpkin County whose term of office is scheduled to expire on April
30,1985, and the term of office of such member is hereby shortened to
expire on December 31,1982. The first chairman elected, as provided
herein, shall be the successor to the incumbent member of the
heretofore existing Board of Education of Lumpkin County whose
term of office is scheduled to expire on April 30, 1983, and term of
office of such member is hereby shortened to expire on December 31,
1982.
(b) For the period beginning on January 1, 1983, and ending on
December 31,1984, the Board of Education of Lumpkin County shall
consist of the two members from Education Districts 2 and 4 and the
chairman elected as provided by subsection (a) of this section, and the
two other members of the heretofore existing Board of Education of
Lumpkin County whose terms of office, respectively, are scheduled to
expire on April 30,1986, and April 30,1987, and the terms of office of
said two members of such heretofore existing board are hereby
shortened to expire on December 31,1984.
(c) The first members of the board from Education Districts 1
and 3 shall be elected at the general election of 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, their
successors shall be elected at the general election immediately pre-
ceding 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.
Section 4. Vacancies which occur on the board by death,
resignation, removal from the education district or for any other
reason shall be filled by the remaining members of the board electing
a successor to serve until a successor is elected at the next general
election to serve for the unexpired term or for a full term, as the case
may be. Any person elected by the board or at the general election to
fill a vacancy among the district membership of the board shall be a
resident of the education district in which the vacancy occurred.
Section 5. The Board of Education of Lumpkin County pro-
vided for by this Act shall be subject to all constitutional and
statutory provisions of this state relative to county boards of educa-
GEORGIA LAWS 1982 SESSION
4281
tion and the members thereof, except as otherwise provided by this
Act.
Section 6. Not less than five nor more than 15 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
Lumpkin County to issue the call for an election for the purpose of
submitting this Act to the electors of the Lumpkin County school
district for approval or rejection. The superintendent shall set the
date of such election for a day not less than 29 nor more than 45 days
after the date of the issuance of the call. The superintendent shall
cause the date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the official
organ of Lumpkin County. The ballot shall have written or printed
thereon the words:
( ) YES Shall the Act providing for the
( ) NO election of the members of the
Board of Education of Lumpkin
County be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Lumpkin County.
It shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for the
election of the members of the Board of Education of Lumpkin
4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County by the voters of the Lumpkin County School District; to
provide for any matters relative thereto; to provide for a referendum;
and for other purposes.
This 11th day of January, 1982.
Philip G. Buchlvester
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 Dahlonega Nugget which is the official organ of
Lumpkin County, on the following dates: Jan. 15, 22 & 29,1982.
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4283
CITY OF ATLANTA GROUP INSURANCE
BOARD AUTHORITY ACT REPEALED.
No. 1059 (Senate Bill No. 759).
AN ACT
To repeal an Act creating the City of Atlanta Group Insurance
Board Authority, approved April 11, 1979 (Ga. L. 1979, p. 4037); to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the City of Atlanta Group Insurance
Board Authority, approved April 11, 1979 (Ga. L. 1979, p. 4037), is
repealed in its entirety and the authority created by said Act is
abolished.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that the City of Atlanta intends to apply for
the passage of local legislation at the 1982 Session of the General
Assembly of Georgia, which has convened on Monday, January 11,
1982, the title of such bill to be as follows:
To repeal an Act, (Ga. Laws 1979, p. 4037) approved April 11,
1979, creating the City of Atlanta Group Insurance Board Authority,
so as to abolish said authority; to provide an effective date; to repeal
conflicting laws; and for other purposes.
This 16th day of February, 1979.
4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
William M. (Bill) Alexander
Legislative Coordinator,
City of Atlanta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Todd Evans who, on oath, deposes
and says that he/she is Senator from the 37th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Fulton County Daily Report which is the official
organ of Fulton County, on the following dates: Feb. 18 & 25,1982 &
March 4,1982
/s/ Todd Evans
Senator,
37th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4285
BRYAN COUNTY OFFICE OF TREASURER
ABOLISHED, REFERENDUM.
No. 1060 (Senate Bill No. 760).
AN ACT
To abolish the office of Treasurer of Bryan County; to provide
that the Board of Commissioners of Bryan County shall appoint
depositories for county funds; to provide for the clerk of the board of
commissioners to exercise certain duties; to provide that the clerk
cannot hold other elective or appointive public office; to provide an
effective date; to provide that this Act shall be effective before said
effective date under certain circumstances; to provide the procedures
connected with the foregoing; to provide for a referendum; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The office of Treasurer of Bryan County is abolished.
It shall be the duty of the Board of Commissioners of Bryan County to
appoint annually a chartered bank or chartered banks as a depository
or depositories of all funds of Bryan County. All county funds which
were paid to the treasurer before the effective date of this Act shall be
paid to the Clerk of the Board of Commissioners of Bryan County and
shall be deposited by said commissioners or by said clerk at the
direction of the commissioners in said county depository or depositor-
ies. The duties of the Treasurer of Bryan County relative to the
receiving and transferring of funds shall hereafter be exercised by the
Clerk of the Board of Commissioners of Bryan County for said board.
The clerk of said board of commissioners shall hold no other elective
or appointive public office.
Section 2. Said county depository or depositories shall not pay
out any of such county funds so deposited except on warrant, check or
other order signed by a majority of the members of the board of
commissioners or their designee, who shall have and exercise all of the
duties, powers, and prerogatives formerly exercised by said treasurer.
Section 3. Such depository or depositories shall be selected
under such rules and regulations as may be prescribed by the Board of
Commissioners of Bryan County.
4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Said depository or depositories shall furnish to the
board of commissioners at the end of each month a statement as to
each account maintained with such depository, showing the amount
of funds deposited and paid out during the month and the balance
remaining on deposit, and shall furnish with the same all warrants,
checks or other orders for the payment of money which have been
paid during said month. Additional statements shall be furnished
from time to time upon request of said board of commissioners.
Section 5. Said depository or depositories shall receive no
compensation for acting as such depository.
Section 6. This Act shall become effective the first of the month
following the month in which the referendum election is held pursu-
ant to Section 7 of this Act, if this Act is approved in such referendum
election.
Section 7. After the approval of this Act by the Governor or after
it otherwise becomes law, it shall be the duty of the election superin-
tendent of Bryan County to issue the call for an election for the
purpose of submitting this Act to the electors of Bryan County for
approval or rejection. The superintendent shall set the date of such
election for the same date as the general primary election of 1982.
The superintendent shall issue the call for such election at least 29
days but not more than 45 days prior to the date thereof. The
superintendent shall cause the date and purpose of the election to be
published once a week for two weeks immediately preceding the date
thereof in the official organ of Bryan County. The ballot shall have
written or printed thereon the words:
( ) YES Shall the Act abolishing the office
( ) NO of Treasurer of Bryan County be
approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
provided in Section 6 of this Act; otherwise it shall be void and of no
force and effect.
GEORGIA LAWS 1982 SESSION
4287
The expense of such election shall be borne by Bryan County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly a bill to abolish the office of treasurer
of Bryan County and provide for the appointment of depositories; to
provide for other matters relative thereto; to provide for a referen-
dum; and for other purposes.
This 12th day of February, 1982.
Glenn E. Bryant
Senator,
Third District
State of Georgia.
Liberty County.
Personally appeared before me, the undersigned Notary Public
Bobby Branch who after being duly sworn stated under oath that he is
the President and Publisher 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 Feb 17-24 March 3.
/s/ Bobby Branch
Publisher
4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 5th day of March, 1982.
/s/ Carol E. Bryant
Notary Public, Georgia State at Large.
My Commission Expires Nov. 11, 1985.
Approved April 12, 1982.
WHITFIELD COUNTY COMPENSATION OF
CLERK OF SUPERIOR COURT AND
JUDGE OF PROBATE COURT.
No. 1061 (Senate Bill No. 769).
AN ACT
To amend an Act placing the sheriff, clerk of the superior court,
and judge of the probate court of Whitfield County on a salary system
of compensation, approved January 27,1960 (Ga. L. 1960, p. 2007), as
amended, particularly by an Act approved April 10,1968 (Ga. L. 1968,
p. 3510), an Act approved March 27, 1972 (Ga. L. 1972, p. 3106), an
Act approved March 13, 1978 (Ga. L. 1978, p. 3593), and an Act
approved February 29,1980 (Ga. L. 1980, p. 3058), so as to change the
compensation of the clerk and the judge of the probate court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff, clerk of the superior court,
and judge of the probate court of Whitfield County on a salary system
of compensation, approved January 27,1960 (Ga. L. 1960, p. 2007), as
amended, particularly by an Act approved April 10,1968 (Ga. L. 1968,
p. 3510), an Act approved March 27, 1972 (Ga. L. 1972, p. 3106), an
Act approved March 13, 1978 (Ga. L. 1978, p. 3593), and an Act
GEORGIA LAWS 1982 SESSION
4289
approved February 29, 1980 (Ga. L. 1980, p. 3058), is amended by
striking from subsection (a) of Section 2 the following:
In addition to the salary of the clerk of the superior court and the
judge of the probate court in effect on the effective date of this
paragraph, the clerk and the judge shall each receive an additional
$2,000.00 for the period beginning on the effective date of this
paragraph and ending on December 31, 1980. Beginning January 1,
1981, the clerk of the superior court and the judge of the probate court
shall each receive an annual salary in the amount of $22,176.00, which
amount shall be increased by five percent for each four-year term
completed by such officers after January 1,1981. The salaries of the
clerk and the judge shall be payable in equal monthly installments
out of county funds. The provisions of subsection (b) of this section
shall not apply to the clerk and the judge after December 31,1980.,
and inserting in its place the following:
The clerk of the superior court of Whitfield County shall receive
an annual salary of $24,394.00, which amount shall be increased by 5
percent for each four-year term completed by the clerk after January
1, 1983. The judge of the probate court of Whitfield County shall
receive an annual salary of $25,918.00, which amount shall be
increased by 5 percent for each four-year term completed by the judge
after January 1,1983. The salaries of the clerk and the judge shall be
payable in equal monthly installments out of county funds. The
provisions of subsection (b) of this section shall not apply to the clerk
or the judge after the effective date of this paragraph.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
regular session of the General Assembly of Georgia, a bill to authorize
the Board of Commissioners of Whitfield, County to supplement the
4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
salary of the Probate Judge of Whitfield County and for other
purposes.
This 3rd day of February, 1982.
Senator W. W. Fincher, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. W. Fincher who, on oath, deposes
and says that he/she is Senator from the 54th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Daily Citizen News which is the official organ of
Whitfield County, on the following dates: Feb. 12,19 & 26,1982.
/s/ W. W. Fincher, Jr.
Senator,
54th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4291
WHITFIELD COUNTY CORONERS
COMPENSATION.
No. 1062 (Senate Bill No. 770).
AN ACT
To amend an Act changing the compensation of the coroner of
Whitfield County, approved March 21,1980 (Ga. L. 1980, p. 3698), 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 changing the compensation of the coroner of
Whitfield County, approved March 21,1980 (Ga. L. 1980, p. 3698), is
amended by striking Section 1, which reads as follows:
Section 1. The coroner of Whitfield County shall receive an
annual salary in the amount of $3,600.00, payable monthly out of
county funds. The salary shall be in lieu of all fees and commissions
authorized for coroners, except that the coroner shall be reimbursed
for his ordinary and necessary expenses in the performance of his
duties in Whitfield County. In lieu of the reimbursement of expenses
as provided above, the governing authority may authorize the pay-
ment to the coroner of a reasonable monthly expense allowance.,
and inserting in its place a new Section 1 to read as follows:
Section 1. The coroner of Whitfield County shall receive an
annual salary in the amount of $6,000.00, payable monthly out of
county funds. The salary shall be in lieu of all fees and commissions
authorized for coroners, except that the coroner shall be reimbursed
for his ordinary and necessary expenses in the performance of his
duties in Whitfield County. In lieu of the reimbursement of expenses
as provided above, the governing authority may authorize the pay-
ment to the coroner of a reasonable monthly expense allowance.
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.
4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
regular session of the General Assembly of Georgia, a bill to authorize
the Board of Commissioners of Whitfield County to supplement the
salary of the Coroner of Whitfield County and for other purposes.
This 3rd day of February, 1982.
Senator W. W. Fincher, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. W. Fincher who, on oath, deposes
and says that he/she is Senator from the 54th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Daily Citizen News which is the official organ of
Whitfield County, on the following dates: Feb. 12,19 & 26,1982.
/s/ W. W. Fincher, Jr.
Senator,
54th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4293
RABUN COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 1063 (Senate Bill No. 773).
AN ACT
To amend an Act placing the Tax Commissioner of Rabun County
on a salary, approved April 3,1972 (Ga. L. 1972, p. 3519), as amended
by an Act approved April 11, 1979 (Ga. L. 1979, p. 3472), 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 placing the Tax Commissioner of Rabun
County on a salary, approved April 3, 1972 (Ga. L. 1972, p. 3519), as
amended by an Act approved April 11,1979 (Ga. L. 1979, p. 3472), is
amended by striking from Section 2 thereof the following:
$13,000,
and inserting in lieu thereof the following:
$14,500,
so that when so amended Section 2 shall read as follows:
Section 2. The Tax Commissioner shall receive an annual salary
of $14,500, 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.
4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
placing the Tax Commissioner of Rabun County on a salary,
approved April 3, 1972 (Ga. L. 1972, p. 3519), as amended; and for
other purposes.
This 2nd day of February, 1982.
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 Clayton Tribune which is the official organ of
Rabun County, on the following dates: Feb. 18 & 25,1982 & March 4,
1982.
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4295
TOWN OF THUNDERBOLT CORPORATE
LIMITS, REFERENDUM.
No. 1064 (House Bill No. 943).
AN ACT
To amend an Act creating a new charter for the Town of
Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as
amended, so as to change the corporate limits of the town; to provide
for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of
Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as
amended, is amended by adding at the end of Section 2 the following:
In addition to the territory comprising the existing corporate
limits of the Town of Thunderbolt, the following territory shall also
be included within the corporate limits of said town:
ALL THOSE certain parcels of land lying, situate, and being in
Chatham County, Georgia and being a portion of the unincorporated
area of Chatham County lying between the city limits of the Town of
Thunderbolt and the City of Savannah and being bounded as follows:
Northerly by the Thunderbolt Shell Road and the town limits of the
Town of Thunderbolt; Easterly by Whatley Road and the town limits
of the Town of Thunderbolt; Southerly by College Road and Westerly
by the Placentia Canal and the city limits of the City of Savannah.
The above described parcels of land are also shown on maps or plats
in the Office of the County Tax Assessor of Chatham County num-
bered CO-290, CO-291, and CO-292, which maps are hereby incorpo-
rated for purposes of description.
4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Not less than 30 nor more than 40 days after the date
of the approval of this Act by the Governor or after it otherwise
becomes law, it shall be the duty of the election superintendent of the
Town of Thunderbolt to issue the call for an election for the purpose
of submitting this Act separately to the electors of the Town of
Thunderbolt and to the electors of the area proposed to be annexed
for approval or rejection. The superintendent shall set the date of
such election for a day not less than 30 nor more than 60 days after the
date of the issuance of the call. The superintendent shall cause the
date and the purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official
organ of Chatham County. The ballot shall have written or printed
thereon the following:
( ) YES Shall the Act annexing that terri-
( ) NO tory known as Whatley Avenue to
the Town of Thunderbolt be
approved?
Those persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
within the present corporate limits of the Town of Thunderbolt and
more than one-half of the votes cast on such question in the area
proposed to be annexed 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.
At least 30 days prior to said election, the election superintendent
of the Town of Thunderbolt shall prepare a separate list of voters
residing in the area proposed to be annexed who are registered to vote
in the county. Each of said voters shall be eligible to vote in the
election. The election superintendent of Chatham County shall
furnish any information which may be required in the preparation of
such list of voters by the election superintendent of the Town of
Thunderbolt. The Town of Thunderbolt shall pay to Chatham
County the actual expenses of furnishing such information as is
required.
The expense of such election shall be borne by the Town of
Thunderbolt. It shall be the duty of the election superintendent of the
Town of Thunderbolt to hold and conduct such election. It shall be
GEORGIA LAWS 1982 SESSION
4297
his further duty to certify the results thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to 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 Council of the Town of Thunderbolt to
extend and change the corporate limits and for other purposes.
Joan Cesaroni
Alderwoman
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 9,
16,23,1981.
/s/ Bobby Phillips
Representative,
125th District
4298 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 12,1982.
CITY OF BLOOMINGDALE CORPORATE LIMITS.
No. 1065 (House Bill No. 1015).
AN ACT
To amend an Act creating a charter for the City of Bloomingdale,
approved March 25, 1974 (Ga. Laws 1974, p. 3439), as amended,
particularly by an Act approved March 17, 1978 (Ga. Laws 1978, p.
4076), so as to include certain additional territory within the corpo-
rate limits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a charter for the City of
Bloomingdale, approved March 25,1974 (Ga. Laws 1974, p. 3439), as
amended, particularly by an Act approved March 17,1978 (Ga. Laws
1978, p. 4076), is hereby amended by designating the existing text of
Section 1.03 as subsection (a) and adding new subsections (b) and (c)
of Section 1.03 to read as follows:
(b) The corporate limits of the City of Bloomingdale shall also
include the territory described as follows:
Begin at the intersection of the easterly right-of-way line of
Osteen Road with the northerly right-of-way line of Central of
GEORGIA LAWS 1982 SESSION
4299
Georgia Railroads former main line; extend thence westwardly along
said northerly right-of-way line for a distance of 7,450 feet, more or
less, to a point on the County line for Effingham and Chatham
Counties; extend thence southwestwardly along said County line for a
distance of 4,300 feet, more or less, to a point on the northerly side of a
road owned by Union Camp Corporation; extend thence generally
eastwardly along said Union Camp Corporation road for a distance of
1,900 feet, more or less, to the westerly side of another Union Camp
Corporation road; extend thence generally in an eastwardly direction
along the westerly and northerly side of said Union Camp Corpora-
tion road for a distance of 4,550 feet, more or less, to the easterly
right-of-way of Osteen Road, said right-of-way is also the existing
corporate limit line; extend thence northeastwardly along said east-
erly right-of-way line and existing corporate limit line for a distance
of 5,000 feet, more or less, to the point of beginning.
(c) The corporate limits of the City of Bloomingdale shall also
include the territory described as follows:
Commence at the intersection of the centerline of Sangrena Drive
with the northerly right-of-way line of U.S. Highway 80; extend
thence westwardly along said northerly right-of-way line of U.S.
Highway 80 for a distance of 300 feet, more or less, to the point of
beginning lying on a property line which runs northeast; extend
thence along said northerly right-of-way line of U.S. Highway 80 for a
distance of 1,000 feet, more or less, to a point lying on a property line
running north; extend thence N 20 02 E along said property line
running north for a distance of 850 feet, more or less, to a point on a
property line running southeast; extend thence S 4121 E along said
property line running southeast for a distance of 1,288 feet, more or
less, to a point; extend thence S 4723 W along a property line for a
distance of 264.75 feet 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.
This advertisement gives notice of the intent of the City of
Bloomingdale to change, modify and enlarge its city limits.
4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Savannah Evening Press
which is the official organ of Chatham County, on the following dates:
February 4,11,18,1981.
/s/ George A. Chance, Jr.
Representative,
129th 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 12, 1982.
GAINESVILLE AND HALL COUNTY DEVELOPMENT
AUTHORITY ACT AMENDED.
No. 1066 (House Bill No. 1111).
AN ACT
To amend an Act known as The Gainesville and Hall County
Development Authority Act, approved March 3, 1964 (Ga. Laws
GEORGIA LAWS 1982 SESSION
4301
1964, p. 2282 et seq.), as amended by an Act approved March 13,1978
(Ga. Laws 1978, p. 3579 et seq.), pursuant to an amendment to Article
VII, Section V, Paragraph I of the Constitution of the State of
Georgia of 1945 (Ga. Laws 1961, p. 600 et seq.), and an amendment to
Article VII, Section V, Paragraph I of the Constitution of the State of
Georgia of 1945 (Ga. Laws 1945, p. 866 et seq.), so as to provide for
additional powers to The Gainesville and Hall County Development
Authority; to provide for definitions, to provide for additional pro-
jects of the Authority; to provide for applicability; to specify the
grounds for certain amendments; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. For purposes of this Act, The Gainesville and Hall
County Development Authority is that Authority established pursu-
ant to a resolution amending Article VII, Section V, Paragraph I of
the Constitution of the State of Georgia of 1945, which resolution
appears in Ga. Laws 1964, p. 866 et seq.), which resolution was ratified
at the General Election of November 3, 1964, and which resolution
was continued as part of the Constitution of the State of Georgia of
1976. This Act is based upon those powers granted by subsection M
of Section 1 of said resolution.
Section 2. In addition to any other powers granted to The
Gainesville and Hall County Development Authority and without
limiting any such powers, said Authority is hereby granted all powers
granted to the authorities under the Development Authorities Law,
approved March 28, 1969 (Ga. Laws 1969, p. 137 et seq.), as now or
hereafter amended.
Section 3. In addition to any other projects regarding which The
Gainesville and Hall County Development Authority may exercise its
powers and duties and without limiting any such projects, such
powers and duties may also be exercised regarding any project and
cost of project as defined in the Development Authorities Law,
approved March 28, 1969 (Ga. Laws 1969, p. 137 et seq.), as now or
hereafter amended.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Legislation will be introduced in the 1981 session of the Georgia
General Assembly to amend the Gainesville-Hall County Develop-
ment Authority Act to conform with the State of Georgia Develop-
ment Authority Law of 1969.
Joe T. Wood
Representative,
District 9, Post 1
Bobby Lawson
Representative,
District 9, Post 2
Jerry Jackson
Representative,
District 9, Post 3
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 Gainesville Tribune which is the official
organ of Hall County, on the following dates: February 19, 26, and
March 5,1981.
/s/ Joe T. Wood
Representative,
9th District
GEORGIA LAWS 1982 SESSION
4303
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 12, 1982.
VACANCIES IN OFFICE OF JUDGE OF
PROBATE COURT IN CERTAIN COUNTIES
(160,000 - 169,000).
No. 1070 (House Bill No. 1170).
AN ACT
To provide for the filling of vacancies in the offices of judge of the
probate court, tax commissioner, and sheriff in all counties of this
state having a population of not less than 160,000 and not more than
169,000 according to the United States decennial census of 1980 or
any future such census; to provide for successors; to provide for terms;
to provide for elections; to repeal a specific Act; to provide an
effective date; to provide for automatic repeal of a certain section; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Any other provision of law to the contrary notwith-
standing, in all counties of this state having a population of not less
than 160,000 and not more than 169,000 according to the United
States decennial census of 1980 or any future such census, upon the
death, resignation, incapacity, or inability of the judge of the probate
court, the tax commissioner, or the sheriff of any such county to serve,
the chief deputy or chief clerk of such judge, tax commissioner, or
4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sheriff shall assume the duties of the office of such judge, tax
commissioner, or sheriff. Such chief deputy or chief clerk shall serve
until such time as the incapacity or inability of the judge, the tax
commissioner, or the sheriff is removed or until the next succeeding
general election, whichever occurs first. The chief deputy or chief
clerk shall receive no additional compensation for performing the
duties of the judge, the tax commissioner, or the sheriff except in
cases involving the death or resignation of the judge, the tax commis-
sioner, or the sheriff, in which case the chief deputy or chief clerk shall
receive the same compensation, paid in the same manner, as the
judge, the tax commissioner, or the sheriff would have received.
Unless the incapacity or inability of the judge, the tax commissioner,
or the sheriff is removed prior to the next succeeding general election,
a duly qualified person shall be elected as judge, tax commissioner, or
sheriff; and such person so elected shall serve for the remainder of the
unexpired term of office of the judge, the tax commissioner, or the
sheriff whose office is vacant.
Section 2. An Act entitled An Act to provide for the filling of
vacancies in the offices of ordinary, clerk of the superior court, tax
commissioner and sheriff in certain counties of this State; to provide
for successors; to provide for terms; to provide for elections; to
provide for other matters relative to the foregoing; to repeal conflict-
ing laws; and for other purposes., approved March 29, 1973 (Ga. L.
1973, p. 2494), is repealed in its entirety.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. Section 1 of this Act is repealed effective November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
4305
ACT CREATING BOARDS OF ELECTIONS IN
CERTAIN COUNTIES AMENDED (66,000 -
73,000) (158,000 - 168,000).
No. 1071 (House Bill No. 1171).
AN ACT
To amend an Act providing for a board of elections in certain
counties, approved April 13, 1973 (Ga. L. 1973, p. 2658), so as to
change the population data; to provide 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 April 13, 1973 (Ga. L. 1973, p. 2658), is amended
by striking Section 1 in its entirety and inserting in lieu thereof a new
Section 1 to read as follows:
Section 1. There is created in each county of this state having a
population of not less than 158,000 and not more than 168,000
according to the United States decennial census of 1980 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. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF LAWRENCEVILLE CORPORATE
LIMITS.
No. 1073 (House Bill No. 1182).
AN ACT
To amend the new charter for the City of Lawrenceville, Georgia,
approved March 23, 1977 (Ga. L. 1977, p. 3164), so as to exclude
certain described property from the corporate limits of the City of
Lawrenceville, Georgia; 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. The new charter for the City of Lawrenceville,
Georgia, approved March 23,1977 (Ga. L. 1977, p. 3164), is amended
by adding at the end of Section 1.11, relating to corporate boundaries,
a new subsection (c) to read as follows:
(c) The corporate limits of the City of Lawrenceville shall not
include the following property:
(1) All that tract or parcel of land lying and being in Land
Lots 170 and 171 of the 5th District, City of Lawrenceville,
Gwinnett County, Georgia, containing various tracts as shown on
a survey by Hannon, Meeks and Bagwell, Surveyors, dated June 1,
1976, and being more particularly described as follows:
BEGINNING at the northerly point of Tract No. 1, thence in a
southwesterly direction along the easterly right of way line of
Chandler Road 2580 feet to a point; thence in a southeasterly
direction 605 feet to a point; thence in a northwesterly direction
2600 feet to the point of beginning. Further shown in said plat as
tracts 1-10 and the property of John C. Childs.
(2) All that tract or parcel of land lying and being in Land
Lots 170 and 171 of the 5th District, City of Lawrenceville,
Gwinnett County, Georgia, and being more particularly described
as follows:
BEGINNING at the point common to Land Lots 150,151,170 and
171; thence North 29 20 30 West 1228.62 feet to a point; thence
GEORGIA LAWS 1982 SESSION
4307
North 60 39 20 East 833.33 feet to a point; thence South 30 48
40 East 538.49 feet to a point; thence North 60 40 35 East
937.81 feet to a point; thence South 32 40 50 West 303.28 feet to
a point; thence North 83 24 25 East 649.03 feet to a point on the
80 foot right of way line of Chandler Road; thence following said
right of way line in a southeasterly direction 1842.88 feet to a
point; thence South 59 49 25 West 2334.67 feet to a point;
thence North 29 30 25 West 1550.34 feet to a point, being the
point of beginning.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend the
corporate limits of the City of Lawrenceville by deannexing the
following parcel: All that tract or parcel of land lying and being in
Land Lots 170 and 171 of the 5th District, City of Lawrenceville,
Gwinnett County, Georgia, containing various tracts as shown on a
survey by Hannon, Meeks and Bagwell, Surveyors, dated June 1,
1976, and being more particularly described as follows: Beginning at
the northerly point of Tract No. 1, thence in a southwesterly direction
along the easterly right of way line of Chandler Road 2580 feet to a
point; thence in a southwesterly direction 605 feet to a point; thence
in a northwesterly direction 2600 feet to the point of beginning.
Further shown in said plat as tracts 1-10 and the property of John C.
Childs. Also: All that tract or parcel of land lying and being in Land
Lots 170 and 171 of the 5th District, City of Lawrenceville, Gwinnett
County, Georgia, and being more particularly described as follows:
Beginning at the point common to Land Lots 150, 151, 170 and 171;
thence North 29 20 30 West 1228.62 feet to a point; thence North
60 39 20 East 833.33 feet to a point; thence South 30 48 40 East
538.49 feet to a point; thence North 60 40 35 East 937.81 feet to a
point; thence South 32 40 50 West 303.28 feet to a point; thence
North 83 24 25 East 649.03 feet to a point on the 80 foot right of
way line of Chandler Road; thence following said right of way line in a
4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
southeasterly direction 1842.88 feet to a point; thence South 59 49
25 West 2334.67 feet to a point; thence North 29 30 25 West
1550.34 feet to a point, being the point of beginning.
This 5th day of December, 1981.
Vinson Wall
Representative,
District 61
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: Dec. 18, 25,
& 31,1981.
/s/ Vinson Wall
Representative,
61st District
Sworn to and subscribed before me,
this 12th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4309
ACT CREATING SMALL CLAIMS COURTS IN
CERTAIN COUNTIES REPEALED (7,500 - 7,900).
No. 1074 (House Bill No. 1184).
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 pre-
scribe 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 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 compensa-
tion; 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 conflicting laws; and for
other purposes., approved March 24, 1970 (Ga. L. 1970, p. 3423); to
provide 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 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 pre-
scribe 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
4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 compensa-
tion; 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 conflicting laws; and for
other purposes., approved March 24,1970 (Ga. L. 1970, p. 3423), 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.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 12,1982.
CENTRAL VALDOSTA DEVELOPMENT AUTHORITY
ACT AMENDED.
No. 1076 (House Bill No. 1222).
AN ACT
To further define, prescribe and enlarge the powers and duties of
the Central Valdosta Development Authority and to further regulate
the management and conduct of the Authority; to amplify the pur-
poses of the amendment to the Constitution of the State of Georgia
(1974 Ga. Laws, p. 1711), ratified November 5, 1974, creating the
GEORGIA LAWS 1982 SESSION
4311
Authority; to define certain terms; to provide for a quorum; to provide
for the powers of the Authority; to provide that revenue bonds, notes
and other obligations of the Authority shall not constitute a debt of
the City of Valdosta; 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 provide for severability; to provide
that these amendments shall be effective upon approval by the
Governor or upon becoming law without his approval; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to the authority contained in an amend-
ment to Article VII, Section VII, Paragraph I of the Constitution of
the State of Georgia of 1945 (now Article IX, Section VII, Paragraph I
of the Constitution of the State of Georgia of 1976) ratified November
5, 1974, and set forth as proposed in 1974 Ga. Laws, p. 1711 (the
Amendment), this Act further defines and prescribes the powers
and duties of the Authority, enlarges the same and further regulates
the management and conduct of the Authority. The purpose of the
Authority is the redevelopment and improvement of the Central
Valdosta Area (as defined in the Amendment). The purpose of the
Authority is hereby declared to be an essential and public purpose,
promoting the public good and welfare and benefiting the citizens of
the Central Valdosta Area and the City of Valdosta. This Act shall be
liberally construed to effect this purpose.
Section 2. The following terms shall have the meanings speci-
fied:
(a) Amendment shall mean the Amendment to Article VII,
Section VII, Paragraph I of the Constitution of the State of Georgia of
1945 (now Article IX, Section VII, Paragraph I of the Constitution of
the State of Georgia of 1976), ratified November 5, 1974 (1974 Ga.
Laws, p. 1711), creating the Central Valdosta Development Author-
ity.
(b) Authority shall mean the Central Valdosta Development
Authority created by the Amendment.
4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Central Valdosta Area shall mean the area designated as
such by the Amendment and any amendments thereto.
(d) Cost of the project or cost of any project shall mean and
shall include: All costs of acquisition (by purchase or otherwise),
construction, assembly, installation, modification, renovation or
rehabilitation incurred in connection with any project or any part of
any project; 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 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 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, all costs for services of landscape architects and all
expenses incurred by engineers, surveyors, architects, landscape
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 agreement, indenture of
trust or similar instrument or agreement, all expenses incurred by any
such fiscal agents, paying agents and trustees and all other costs and
expenses incurred relative to the 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
GEORGIA LAWS 1982 SESSION
4313
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 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 and from other funds of the
Authority.
(e) Funds of the Authority as used herein and in the Amend-
ment shall include all funds received by the Authority, including
specifically tax revenues collected pursuant to Section 5 of the
Amendment, but shall not include: (1) proceeds, or any income
derived from investment of such proceeds, of revenue bonds, notes or
other obligations issued by the Authority for a project which consti-
tutes an improvement of private property; or (2) funds received by
the Authority pursuant to any lease, note trust indenture, trust
agreement, agreement for the sale of revenue bonds, notes or other
obligations, loan agreement, mortgage, deed to secure debt, trust
deed, security agreement, assignment or other agreement or instru-
ment executed in connection with revenue bonds, notes or other
obligations issued by the Authority for a project which constitutes an
improvement of private property.
(f) Note shall mean an obligation of the Authority: (1) desig-
nated as a Note by the Authority; (2) having a maturity not in excess
of ten (10) years from the date of issuance; (3) issuable only in
registered form, without coupons; and (4) not issued under the
provisions of any trust agreement or indenture of trust.
(g) Project shall mean the acquisition, construction, installa-
tion, modification, renovation or rehabilitation of land, interests in
land, buildings, structures, facilities and other improvements located
or to be located within the Central Valdosta Area, and the acquisition,
installation, modification, renovation, rehabilitation, or furnishing of
fixtures, machinery, equipment, furniture and 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 redevelopment and improve-
ment of the Central Valdosta Area. A project may be for any
industrial, commercial, business, office, retail, public or other use,
provided that a majority of the members of the Authority determine,
4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by a resolution duly adopted, that the project and such use thereof
would further the redevelopment and improvement of the Central
Valdosta Area and would promote the public good and welfare and
benefit the citizens of the Central Valdosta Area and the City of
Valdosta.
(h) Revenue bonds and bonds shall mean any bonds or
other obligations of the Authority which are authorized to be issued
under the Amendment, this Act or the other provisions of the
Constitution and laws of the State of Georgia, including refunding
bonds but not including notes of the Authority.
Section 3. 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 4. The Authority shall have the power to do all things
necessary to the accomplishment of its purposes, including but not
limited to the powers enumerated by the Amendment and the follow-
ing powers:
(a) 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;
(b) 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;
(c) To borrow money to further or carry out its public purpose
and to execute revenue bonds, notes, other obligations, leases, trust
GEORGIA LAWS 1982 SESSION
4315
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;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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
may be evidenced or secured by loan agreements, notes, mortgages,
deeds to secure debt, trust deeds, security agreements, assignments or
4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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;
(i) 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;
(j) 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;
(k) To receive and use the proceeds of any tax levied by the
Authority for any purpose for which funds of the Authority may be
used pursuant to this Act;
GEORGIA LAWS 1982 SESSION
4317
(l) 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;
(m) 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;
(n) 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 or with the Amendment.
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 those enumerated in the
Amendment, and no such power limits or restricts any other power of
the Authority, under this Act or the Amendment.
Section 5. The revenue bonds, notes and other obligations
herein authorized to be issued shall not be deemed to constitute a
debt of the City of Valdosta 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 Valdosta, nor shall the City of Valdosta be subject to any
pecuniary liability thereon, nor shall such revenue bonds, notes and
other obligations be payable from, or a charge upon, any funds of the
City of Valdosta. 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
4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 nonexclusive as to such millage rate.
Section 6. Revenue bonds, notes and 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), agreements, instruments and obligations pledged, mort-
gaged, conveyed, assigned, hypothecated or otherwise encumbered to
secure or to pay such bonds. 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 (ten
(10) years with respect to notes), 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. The terms,
provisions, covenants, assignments and conditions contained in or
provided or permitted by any resolution authorizing the issuance of
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 revenue bonds and other obligations and evidences of indebted-
ness issued by the Authority under this Act shall be issued and
validated under and in accordance with the Revenue Bond Law of
Georgia (1937 Ga. Laws, p. 761), as heretofore and hereafter
amended, except as provided in this Act, provided that notes 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
GEORGIA LAWS 1982 SESSION
4319
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 of Georgia (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 7. Notwithstanding anything in this Act to the contrary,
no funds of the Authority shall be spent on the improvement of
private property, except for planning, engineering and design.
Section 8. 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
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 9. 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
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.
4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intent to Apply for Local Legislation.
Notice is hereby given that there will be introduced at the 1982
session of the General Assembly of Georgia local legislation pursuant
to Ga. Laws 1974, p. 1711, Sec. 1 (an amendment to Article VII;
Section 1, paragraph IV, of the Constitution of Georgia), a bill to
further define and prescribe the powers and duties of the Central
Valdosta Development Authority and to further regulate the manage-
ment and conduct of the Authority.
George T. Talley
City Attorney,
City of Valdosta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James M. Beck who, on oath, deposes
and says that he/she is Representative from the 148th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Valdosta Daily Times which is the
official organ of Lowndes County, on the following dates: Dec. 19, 26,
1981 & Jan. 2,1982.
/s/ James M. Beck
Representative,
148th District
GEORGIA LAWS 1982 SESSION
4321
Sworn to and subscribed before me,
this 11th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
ACT CREATING BOARDS OF ELECTIONS IN
CERTAIN COUNTIES AMENDED (145,000 -
165,000) (175,000 - 185,000).
No. 1078 (House Bill No. 1230).
AN ACT
To amend an Act providing for a board of elections in certain
counties and for other purposes relative thereto, approved March 16,
1973 (Ga. L. 1973, p. 2283), so as to change the population bracket of
the counties to which the Act applies; to provide 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 and for other purposes relative thereto, approved March 16,
1973 (Ga. L. 1973, p. 2283), is amended by striking Section 1 of said
Act in its entirety and inserting in lieu thereof a new Section 1 to read
as follows:
Section 1. There is created in each county of this state having a
population of not less than 175,000 and not more than 185,000
according to the 1980 United States decennial census or any such
future census a board of elections which shall have jurisdiction over
4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the conduct of primaries and elections and the registration of electors
in such counties.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
STATE COURT OF DeKALB COUNTY
TRANSFER OF CERTAIN CASES FROM
SUPERIOR COURT.
No. 1079 (House Bill No. 1245).
AN ACT
To amend an Act creating the State Court of DeKalb County,
approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended,
particularly by an Act approved February 28, 1956 (Ga. L. 1956, p.
2766) and an Act approved March 9,1962 (Ga. L. 1962, p. 3227), so as
to provide for the automatic transfer of dispossessory and garnish-
ment cases from the Superior Court of DeKalb County to the State
Court of DeKalb County; 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 State Court of DeKalb County,
approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended,
particularly by an Act approved February 28, 1956 (Ga. L. 1956, p.
2766) and an Act approved March 9, 1962 (Ga. L. 1962, p. 3227), is
amended by striking the text of Section 5 which is set out at Ga. L.
1962, pp. 3227-8 and which reads as follows:
GEORGIA LAWS 1982 SESSION
4323
Be it further enacted by the authority of foresaid, that the Civil
and Criminal Court of DeKalb County shall have all the jurisdiction
as to subject matter now exercised by justices of the peace and justice
courts in Georgia throughout DeKalb County. In addition thereto
said court shall have jurisdiction to try and dispose of all civil and
misdemeanor cases regardless of their nature, except cases of injury to
the person or to the reputation concurrent with the superior courts,
including not only such suits as are commenced by petition and
process or summons, but also all other kinds of suits or proceedings
which are now or may hereafter be in use in the superior court of this
county or justice courts, either under the common law or by statute, of
which jurisdiction is not vested exclusively in other courts by the
Constitution of the State of Georgia, and except extraordinary reme-
dies as are defined in Chapters 64-101, 64-102, and 64-103 of the code
of Georgia of 1933, and habeas corpus proceedings, and the practice
and procedure shall be and remain the same as that now in vogue in
the justice courts of Georgia, except as otherwise herein provided.,
and inserting a new Section 5 to read as follows:
Section 5. (a) The State Court of DeKalb County shall have
all the jurisdiction as to subject matter now exercised by justices of
the peace and justice courts in Georgia throughout DeKalb County.
In addition thereto said court shall have jurisdiction to try and
dispose of all civil and misdemeanor cases regardless of their nature,
except cases of injury to the person or to the reputation concurrent
with the superior courts, including not only such suits as are com-
menced by petition and process or summons, but also all other kinds
of suits or proceedings which are now or may hereafter be in use in the
superior court of this county or justice courts, either under the
common law or by statute, of which jurisdiction is not vested exclu-
sively in other courts by the Constitution of the State of Georgia, and
except extraordinary remedies as are defined in Chapters 64-101, 64-
102, and 64-103 of the Code of Georgia of 1933, and habeas corpus
proceedings, and the practice and procedure shall be and remain the
same as that now in vogue in the justice courts of Georgia, except as
otherwise herein provided.
(b) Except as provided in this subsection the State Court of
DeKalb County shall have and take jurisdiction over all garnishment
and dispossessory proceedings which are filed in the Superior Court
of DeKalb County. When any dispossessory or garnishment proceed-
ing is presented to the Clerk of Superior Court of DeKalb County for
4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
filing, the Clerk of Superior Court shall not file or docket the
proceeding but shall immediately transfer it to the Clerk of State
Court who shall file and docket the proceeding in that court. Any
filing fee presented to the Clerk of Superior Court shall be endorsed
over to the Clerk of State Court. The State Court of DeKalb County
shall thereafter exercise jurisdiction over the proceeding as if it had
originally been filed in that court. Any plaintiff shall, however, have
the right to have a dispossessory or garnishment proceeding filed in
and disposed of by the Superior Court of DeKalb County if he files
therewith a written statement that he does not wish to have the
proceeding automatically transferred to the State Court of DeKalb
County. A plaintiff who originally presented such a proceeding to the
Clerk of Superior Court for filing may as a matter of right thereafter
have the matter transferred from the State Court to the Superior
Court if he files with the State Court, prior to the first hearing in the
matter, a written statement that he wishes to have the matter so
transferred. The senior judge of the Superior Court of DeKalb
County shall have the authority to make rules for the effective
implementation of this Act.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1982
regular session of the General Assembly of Georgia a bill to amend an
Act creating the State Court of DeKalb County, approved February
14,1951 (Ga. Laws 1951, page 2401), as amended, so as to provide for
the automatic transfer of certain cases which are within the jurisdic-
tion of the State Court from the Superior Court; to repeal conflicting
laws, and for other purposes.
Betty Jo Williams
Representative,
District 48
GEORGIA LAWS 1982 SESSION
4325
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Betty Jo Williams who, on oath,
deposes and says that he/she is Representative from the 48th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur-DeKalb News which is the
official organ of DeKalb County, on the following dates: Dec. 24, 31,
1981 & Jan.7,1982.
/s/ Betty Jo Williams
Representative,
48th District
Sworn to and subscribed before me,
this 14th day of Jan. 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DeKALB COUNTY ELECTION DISTRICTS, ETC.
No. 1081 (House Bill No. 1250).
AN ACT
To amend an Act revising, superseding, and consolidating the laws
pertaining to the governing authority of DeKalb County, Georgia,
and creating a Chairman and Board of Commissioners of Roads and
4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga.
L. 1956, p. 3237), as amended, particularly by an Act approved March
10, 1959 (Ga. L. 1959, p. 2636) and an Act approved April 11, 1968
(Ga. L. 1968, p. 3658), so as to redefine and describe correctly
Commissioners Districts 1, 2, 3, and 4 established therein; to clarify
that elections and terms under the newly redefined and described
districts shall remain the same as under these districts as formerly
defined and described; to provide effective dates; to provide for
severability; to provide for automatic repeal; 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 pertaining to the governing authority of DeKalb County,
Georgia, and creating a Chairman and Board of Commissioners of
Roads and Revenues for DeKalb County, Georgia, approved March 8,
1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act
approved March 10, 1959 (Ga. L. 1959, p. 2636) and an Act approved
April 11, 1968 (Ga. L. 1968, p. 3658), is amended by striking in their
entirety the second, third, fourth, and fifth paragraphs of Section
2(A), which paragraphs describe and designate Commissioner Dis-
trict Numbers 1, 2, 3, and 4, and substituting instead the following
descriptions of the commissioner districts:
Commissioner District No. 1
DeKalb
Tracts 211, 212.02 through
212.07, 213.01 through 213.04,
and 214.03
Tract 217.01
Block Groups 1 and 2
Blocks 301, 303 through 308, 314,
315, and 317 through 322
GEORGIA LAWS 1982 SESSION
4327
Block Groups 4 and 9
Tract 217.02
Tract 218.02
Blocks 107, 108, 112, and
118 through 128
Block Groups 2 and 3
Tracts 218.03 and 218.04
Commissioner District No. 2
DeKalb
Tracts 201 through 203
Tract 204
Blocks 108, 113, 114, 118, 129, 131,
132, 137, 139, 140, and 143 through 145
Tracts 214.01, 214.02, 214.04, 215, and
216.01 through 216.03
Tract 217.01
Blocks 309 through 311
Tracts 220.01, 221, 222, 223.01, 223.02,
224.01 through 224.03, 225 through 230,
231.01, and 231.02
Commissioner District No. 3
DeKalb
Tract 204
Blocks 115 through 117, 119 through
121, 123, 125 through 128, 130,
138, and 146
Tracts 205 through 209, and 234.03 through
234.07
Tract 235.01
Block Group 2
Tracts 235.02, 236, 237, and 238.01 through
238.03
Commissioner District No. 4
DeKalb
Tract 218.02
Blocks 101 through 106, 114
through 117, and 129 through 136
Block Group 4
Tracts 219.01 through 219.03,
220.02, 220.03, 231.03, 231.04,
4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
232.01 through 232.03, and 233.01
through 233.04
Tract 235.01
Block Group 1
Tract 235.03
For purposes of the description of commissioner districts in this
section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any commissioner district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of DeKalb County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
Section 1.1. Said Act is further amended by striking Section 3
thereof and inserting in its place a new Section 3 to read as follows:
Section 3. Election and terms of commission members. Notwith-
standing those changes in descriptions of commissioner districts
which become effective under Section 2 of this Act at the same time
this section becomes effective, the elections and terms of the initial
and subsequent members of the Board of Commissioners of DeKalb
County under said Section 2, other than the chairman, shall not be
changed but shall remain as follows:
(a) Effective January 1, 1983, the commissioners representing
commissioner districts 1 and 4 and one at-large commissioner under
Section 2 shall be the former commissioners representing commis-
sioner districts 1 and 4 and the former at-large commissioner who
were elected at the general election of 1980 under previously existing
GEORGIA LAWS 1982 SESSION
4329
provisions of this Act, and said commissioners so elected shall serve
for the terms of office to which they were elected, which terms shall
expire on December 31,1984. Their successors 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 quali-
fied. Thereafter, successors shall be elected at the general election
immediately preceding the expiration of the terms of office and shall
take office on the first day of January immediately following their
election for terms of four years and until their successors are elected
and qualified.
(b) The commissioners representing commissioner districts 2
and 3 and the second at-large commissioner shall be elected at the
general election of 1982 and shall take office on January 1, 1983, for
terms of four years and until their successors are elected and quali-
fied. 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 quali-
fied.
Section 1.2. Except for the provisions relating to and necessary
for the election of members of the Board of Commissioners of DeKalb
County at the general election of 1982, the provisions of this Act shall
become effective January 1, 1983. The provisions of this Act relating
to and necessary for the election of those members of the Board of
Commissioners of DeKalb County at the general election of 1982 shall
become effective upon the approval of this Act by the Governor or
upon its otherwise becoming law without his approval.
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
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. The provisions of this Act which conflict with those of
that Act approved April 9, 1981 (Ga. L. 1981, p. 4304), establishing
4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the form of government of DeKalb County and fixing the powers and
duties of the governing authority of DeKalb County, are automat-
ically repealed upon the effective date of the conflicting provisions of
that Act.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an act
approved March 8, 1956, page 3237, as amended), creating a Chair-
man and Board of Commissioners of Roads and Revenues for DeKalb
County, Georgia, so as to redefine and correctly describe the Commis-
sioner Districts therein created; to repeal conflicting laws; and for
other purposes.
This 24th day of December, 1981.
Eleanor L. Richardson
Representative,
District 52
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 Decatur-DeKalb News/Era, a newspaper publisher at
Decatur, County of DeKalb, State of Georgia who, being duly sworn,
states on oath that the report of Local Legislation-Roads and Reve-
nues a true copy of which is hereto annexed, was published in said
GEORGIA LAWS 1982 SESSION
4331
newspaper in its issue of the 24, 31, 7th day of December, January
1981,82.
Gerald W. Crane
Co-Publisher
(By) /s/ Linda L. Orr
Agent
Sworn to and subscribed before me,
this 7th day of January, 1982.
/s/ Samme Johnson
Notary Public.
My Commission Expires Jan. 3, 1986.
(Seal).
Approved April 12, 1982.
ACT CREATING ELECTION BOARDS IN
CERTAIN COUNTIES AMENDED (22,312 -
22,825) (40,000 - 40,700).
No. 1082 (House Bill No. 1262).
AN ACT
To amend an Act providing for a Board of Elections in each county
of this state having a population of not less than 22,312 nor more than
22,825, according to the United States decennial census of 1970 or any
future such census, approved April 11,1979 (Ga. L. 1979, p. 4165), so
as to change the population brackets as a result of the 1980 census; to
change the method of appointing members to said board; to change
the provisions relating to vacancies; to provide an effective date; to
repeal conflicting laws; and for other purposes.
4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a Board of Elections in each
county of this state having a population of not less than 22,312 nor
more than 22,825, according to the United States decennial census of
1970 or any future such census, approved April 11,1979 (Ga. L. 1979,
p. 4165), is amended by striking Section 1 in its entirety and inserting
in lieu thereof a new Section 1 to read as follows:
Section 1. There is created in each county of this state having a
population of not less than 40,000 nor more than 40,700, according to
the United States decennial census or any future such census, a Board
of Elections which shall have jurisdiction over the conduct of prima-
ries and elections and the registration of electors in such counties.
Section 2. Said Act is further amended by striking Section 2 in
its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. (a) The Board of Elections in such counties shall be
composed of three members, each of whom shall be an elector and
resident of the county. The members shall be selected in the following
manner:
(1) One member shall be appointed by the governing
authority of such county from the political party which received
the highest number of votes within the county for its candidate for
President of the United States in the general election immediately
preceding the appointment of that member. The appointment
shall be made from a list of five names submitted by the County
Committee of such political party.
(2) One member shall be appointed by the governing
authority of such county from the political party which received
the second highest number of votes within the county for its
candidate for President of the United States in the general
election immediately preceding the appointment of that member.
The appointment shall be made from a list of five names submit-
ted by the County Committee of such political party.
(3) The governing authority of the county shall appoint one
additional member to the Board of Elections who shall serve as
chairman.
GEORGIA LAWS 1982 SESSION
4333
(b) A vacancy occurring in the office of any member before the
expiration of his term as a result of removal, death, resignation, or
otherwise, shall be filled in the same manner as the original appoint-
ment for the remainder of the unexpired term; provided, however,
that the governing authority of the county shall be authorized to fill a
vacancy in the office of chairman by appointment of an existing
member. Any appointment of an existing member to the office of
chairman creates a vacancy in the office from which the existing
member vacated and shall be filled in the same manner as the original
appointment for the remainder of the unexpired term.
(c) Members of the Board of Elections in such counties serving
on January 1, 1982, shall continue to serve out the remainder of their
terms of office; provided, however, that the terms of office of the two
members appointed from the two appropriate political parties shall
expire at the same time in 1985. Successors shall be appointed in
accordance with the provisions of this section for terms of four years
and until their successors are duly appointed.
Section 3. Said Act is further amended by striking Section 6 in
its entirety and inserting in lieu thereof a new Section 6 to read as
follows:
Section 6. The Clerk of the Superior Court shall be notified of
interim appointments and record and certify such appointments in
the same manner as the regular appointment of members.
Section 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
repealed.
Approved April 12,1982.
4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DECATUR COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1083 (House Bill No. 1271).
AN ACT
To amend an Act creating a small claims court in Decatur County,
approved March 30,1971 (Ga. L. 1971, p. 2667), as amended by an Act
approved February 13, 1976 (Ga. L. 1976, p. 2652) and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3186), so as to change the
amounts of certain fees charged by the court; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a small claims court in Decatur
County, approved March 30,1971 (Ga. L. 1971, p. 2667), as amended
by an Act approved February 13, 1976 (Ga. L. 1976, p. 2652) and an
Act approved March 18, 1980 (Ga. L. 1980, p. 3186), is amended by
striking Section 8 and inserting in its place a new Section 8 to read as
follows:
Section 8. (a) The plaintiff, when he files his claim, shall deposit
with the court the sum of $15.00 to cover all costs of the proceeding
except service and the sum of $5.00 to cover the cost of service on all
parties required to be served, if any. These fees shall also apply in
attachment, garnishment, and trover cases and in claim cases and
illegality cases instituted by a third party.
(b) If any plaintiff or third party fails to deposit the required
sum, the judge may deny that party the right to proceed with the
matter or to file any new case.
(c) In other matters for which no specific provision is made by
this section, the costs shall be the same as provided for justices of the
peace.
(d) 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 1982 SESSION
4335
Section 2. Said Act is further amended by striking subsection
(b) of Section 12 and inserting in its place a new subsection to read as
follows:
(b) The judge shall not be required to collect any payments on
any judgments. However, in the event that any payment, whether
partial or full, is collected by the judge, the judge shall deduct and
retain 10 percent of the amount collected to cover clerical and
accounting costs of collection.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
regular session of the Georgia General Assembly a bill to amend an
Act creating a small claims court in Decatur County, approved March
30, 1971 (Georgia Laws 1971-page 2667), as amended; and for other
purposes.
Walter E. Cox
State Representative,
District 141
State of Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter 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 Legisla-
tion was published in the Bainbridge Post-Searchlight which is the
official organ of Decatur County, on the following dates: Dec. 31,1981
& Jan. 6,13,1982.
4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 18th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TOWN OF IRON CITY ELECTION OF
COUNCILMEN.
No. 1084 (House Bill No. 1272).
AN ACT
To amend an Act creating a new charter for the Town of Iron City
in the County of Seminole, approved August 17,1908 (Ga. L. 1908, p.
752), as amended, so as to change the provisions relating to the
election of councilmen; to provide for candidates to run for certain
posts; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Iron
City in the County of Seminole, approved August 17, 1908 (Ga. L.
1908, p. 752), as amended, is amended by striking Section 4 in its
entirety and inserting in lieu thereof a new Section 4 to read as
follows:
GEORGIA LAWS 1982 SESSION
4337
Section 4. The term of the mayor of the Town of Iron City shall
be two years and until his successor is elected and qualified. The
mayor serving in office shall continue to serve out his term of office to
which elected. The election for mayor shall be on the first Tuesday in
October in 1982 and thereafter on the first Tuesday in October in the
year the election for mayor is held. The term of each councilman of
said town shall be for two years and until his successor is elected and
qualified. The councilmen serving in office shall continue to serve out
their terms of office to which elected. A person seeking election as a
councilman at the October, 1982, election and in even-numbered
years thereafter shall designate the post for which he seeks, either
post 2 or post 4. The candidate receiving the highest number of votes
cast for that post shall be elected. A person seeking election as a
councilman at the October, 1983, election and in odd-numbered years
thereafter shall designate the post for which he seeks, either post 1 or
post 3. The candidate receiving the highest number of votes cast for
that post shall be elected. A mayor pro tempore shall be elected by
the city council. In the event a vacancy occurs in the office of mayor
or councilman by reason of resignation, removal from the town, death,
or otherwise, the council shall order an election to fill said vacancy,
which election shall not be held in less than ten days from the date of
said vacancy and as soon as practicable after said vacancy occurs,
notice of which election shall be published once in a newspaper in said
town, if there is a paper published in said town, and a written notice
shall be posted at one or more public places in said town. Said
election shall be held and managed, returns made, and results
declared in the same manner as regular elections as hereinafter
provided. However, if a vacancy occurs in the office of mayor or
councilman within less than three months from the date of the next
election, the council shall select and elect some fit and proper person
for said vacancy. If the office of mayor pro tempore shall for any
cause become vacant, the council shall elect one of the remaining
councilmen as mayor pro tempore for the unexpired term.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an
4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act creating a new charter for the Town of Iron City in the County of
Seminole, approved August 17, 1908 (Ga. L. 1908, p. 752), as
amended; and for other purposes.
This 26th day of December, 1981.
Walter E. Cox
State Representative,
District 141
State of Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter 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 Legisla-
tion was published in the Donalsonville News which is the official
organ of Seminole County, on the following dates: Dec. 31, 1981 &
Jan. 7,14,1982.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 18th day of Jan. 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4339
MACON-BIBB COUNTY TRANSIT AUTHORITY
ACT OF 1980 AMENDED.
No. 1085 (House Bill No. 1277).
AN ACT
To amend an Act known as the Macon-Bibb County Transit
Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, p.
4313), so as to require the director of the authority to be bonded with
a corporate surety; to authorize the board to designate any of its
members or the director of the authority to sign any draft or check for
the payment of all obligations of no more than $2,500.00 or for the
payment of salaries or wages and for FICA, federal income tax, credit
union, and insurance payroll deductions, regardless of the amount; to
provide that construction contracts and other contracts for the pur-
chase of supplies, equipment, and services, when the expense thereof
shall exceed $5,000.00, shall be awarded to the person, firm, or
corporation submitting the lowest and best bid; to provide for the
annual publication of an advertisement setting forth the categories
and procedures for the submission of bids for supplies, equipment,
and services; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Macon-Bibb County Transit
Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, p.
4313), is amended by striking Section 2.5 in its entirety and inserting
in lieu thereof a new Section 2.5 to read as follows:
Section 2.5. Bonds of secretary-treasurer and director. The
secretary-treasurer and the director of the authority shall hold office
at the pleasure of the board. Before entering upon the duties of their
respective offices, the secretary-treasurer and director shall each
execute a bond with a corporate surety to be approved by the board.
The bond of both officers shall be payable to the authority in
whatever penal sum may be directed by the board, conditioned upon
the faithful performance of the duties of their respective offices and
the payment of all moneys received by each of them according to law
and the orders of the board. The board may at any time require a new
bond from either or both officers in such penal sum as may then be
determined. The books and records of the authority shall be audited
at least annually, at the expense of the authority, by a certified public
accountant, selected by the board.
4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section 2.6 in
its entirety and inserting in lieu thereof a new Section 2.6 to read as
follows:
Section 2.6. Funds. All funds deposited by the authority in any
bank shall be placed in the name of the authority and shall be
withdrawn or paid out only by check or draft on the bank, signed by
the secretary-treasurer and countersigned by the chairman or vice-
chairman of the board, except under the following circumstances.
The board may designate any of its members or the director of the
authority to sign any draft or check for the payment of all obligations
of no more than $2,500.00, or for the payment of salaries or wages and
for FICA, federal income tax, credit union, and insurance payroll
deductions, regardless of the amount.
Section 3. Said Act is further amended by striking Section 4.1 in
its entirety and inserting in lieu thereof a new Section 4.1 to read as
follows:
Section 4.1. All construction contracts and all contracts for the
purchase of supplies, equipment, and services, when the expense
thereof shall exceed $5,000.00, shall be awarded to the person, firm, or
corporation submitting the lowest and best bid, in accordance with
the specifications and requirements as established by the board of the
transit authority. The transit authority shall annually publish in the
legal organ of Bibb County an advertisement setting forth the
categories of supplies, equipment, and services required and the
procedures for submission of bids therefor.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
act known as the Macon-Bibb County Transit Authority Act of
1980, approved March 26,1980 (Georgia Laws 1980, pp. 4313-4324);
and for other purposes.
GEORGIA LAWS 1982 SESSION
4341
This 21st day of December, 1981.
James F. Carson, Jr.,
Atty.,
Macon-Bibb County Transit
Authority
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Frank Horne, who, on oath, deposes
and says that he is the Representative from the 104th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Macon News, which is the official
organ of Bibb County, on the following dates: December 24, 31, and
January 7.
/s/ Frank S. Horne, Jr.
Representative,
104th District
Sworn to and subscribed before me,
this 18th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY SALARIES OF NAMED
OFFICIALS.
No. 1086 (House Bill No. 1816).
AN ACT
To amend an Act providing compensation for specified officers in
Troup County, approved February 13, 1962 (Ga. L. 1962, p. 2093), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3372), so as to change the salary of the sheriff, clerk of the
superior court, tax commissioner, and judge of the probate court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing compensation for specified officers
in Troup County, approved February 13,1962 (Ga. L. 1962, p. 2093),
as amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3372), is amended by striking from Section 3 thereof the
following:
$24,360.00,
and substituting in lieu thereof the following:
$26,250.00,
so that when so amended Section 3 shall read as follows:
Section 3. The Sheriff of Troup County shall be compensated in
the amount of $26,250.00 per annum, to be paid in equal biweekly
installments from the funds of Troup County. Such compensation
shall be all-inclusive, and the sheriff shall receive no other compensa-
tion for any service he performs in any capacity or in any court.
Section 2. Said Act is further amended by striking from Section
4 thereof the following:
$20,450.00,
GEORGIA LAWS 1982 SESSION
4343
and substituting in lieu thereof the following:
$25,145.00,
so that when so amended Section 4 shall read as follows:
Section 4. The Clerk of the Superior Court of Troup County
shall be compensated in the amount of $25,145.00 per annum, to be
paid in equal biweekly installments from the funds of Troup County.
This amount includes the sum of $1,284.00 for serving as clerk of the
State court and shall be all-inclusive and the clerk shall receive no
other compensation for any service as clerk or ex officio clerk of any
court or in any other capacity.
Section 3. Said Act is further amended by striking from Section
5 thereof the following:
$18,910.00,
and substituting in lieu thereof the following:
$22,176.00,
so that when so amended Section 5 shall read as follows:
Section 5. The Tax Commissioner of Troup County shall be
compensated in the amount of $22,176.00 per annum, to be paid in
equal biweekly installments from the funds of Troup County. Said
compensation shall be in full payment for all services for receiving
and collecting taxes due the State, county, or any other subdivision
and for discharging any and all duties imposed by law, and the said
tax commissioner shall receive no other remuneration from fees or
from any other source.
Section 4. Said Act is further amended by striking from Section
6 thereof the following:
18,875.00,
and substituting in lieu thereof the following:
$24,078.00,
4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended Section 6 shall read as follows:
Section 6. The Judge of the Probate Court of Troup County
shall be compensated in the amount of $24,078.00 per annum, to be
paid in equal biweekly installments from the funds of Troup County.
This amount shall include the sum of $642.00 for holding elections
and shall cover all services of such official and said official shall
receive no other fees or remuneration for his services.
Section 5. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing compensation for specified officers in Troup County,
approved February 12, 1962 (Ga. L. 1962, p. 2093), as amended,
particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3372),
so as to change certain provisions relative to the sheriff, clerk of the
superior court, tax commissioner, and judge of the probate court; and
for other purposes.
This 5th day of February, 1982.
V. Hawley Smith
Chairman,
Troup County
Board of Commissioners
GEORGIA LAWS 1982 SESSION
4345
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Crawford Ware who, on oath,
deposes and says that he/she is Representative from the 68th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the LaGrange Daily News which is the
official organ of Troup County, on the following dates: Feb. 12, 19 &
26,1982.
/s/ J. Crawford Ware
Representative,
68th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TROUP COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1087 (House Bill No. 1817).
AN ACT
To amend an Act creating a Small Claims Court of Troup County,
approved March 23,1972 (Ga. L. 1972, p. 2369), as amended, particu-
4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
larly by an Act approved March 13,1978 (Ga. L. 1978, p. 3216), an Act
approved April 11, 1979 (Ga. L. 1979, p. 4106), and an Act approved
March 18,1980 (Ga. L. 1980, p. 3369), so as to change the salary of the
judge; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court of Troup
County, approved March 23,1972 (Ga. L. 1972, p. 2369), as amended,
particularly by an Act approved March 13,1978 (Ga. L. 1978, p. 3216),
an Act approved April 11, 1979 (Ga. L. 1979, p. 4106), and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3369), is amended by
striking from Section 8 thereof the following:
$14,427.00,
and substituting in lieu thereof the following:
$15,148.00,
so that when so amended Section 8 shall read as follows:
Section 8. The judge of said court shall receive a salary in the
amount of $15,148.00 per annum, which salary shall be paid biweekly
from the treasury of Troup County, Georgia, out of the general funds
of said county, and it shall be the duty of the Board of Commissioners
of Troup County, Georgia, to make provisions annually in levying
taxes for this purpose. The salary of said judge shall not be dimin-
ished during his term of office.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
GEORGIA LAWS 1982 SESSION
4347
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a Small Claims Court of Troup County, approved March 23,
1972 (Ga. L. 1972, p. 2369), as amended, particularly by an Act
approved March 18, 1980 (Ga. L. 1980, p. 3369), so as to change
certain provisions relative to the judge; and for other purposes.
This 5th day of February, 1982.
V. Hawley Smith
Chairman,
Troup County
Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Crawford Ware who, on oath,
deposes and says that he/she is Representative from the 68th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the LaGrange Daily News which is the
official organ of Troup County, on the following dates: February 12,
19 & 26,1982.
/s/ J. Crawford Ware
Representative,
68th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY CORONERS COMPENSATION.
No. 1088 (House Bill No. 1818).
AN ACT
To amend an Act to change the compensation of the coroner of
Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as
amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3214),
an Act approved April 11, 1979 (Ga. L. 1979, p. 4113), and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3367), so as to change the
salary of the coroner; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to change the compensation of the coroner of
Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as
amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3214),
an Act approved April 11, 1979 (Ga. L. 1979, p. 4113), and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3367), is amended by
striking from Section 1 thereof the following:
$2,192.00,
and substituting in lieu thereof the following:
$2,302.00,
so that when so amended Section 1 shall read as follows:
Section 1. The Coroner of Troup County shall be compensated
by salary as hereinafter set out. The coroner shall receive a salary of
$2,302.00 per annum out of the county treasury payable biweekly.
Said salary shall be in lieu of the fees allowed said coroner by law for
holding inquests or any other salary provisions heretofore enacted
GEORGIA LAWS 1982 SESSION
4-iQ
into law, and all of said fees shall hereinafter be paid into the county
treasury.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act to
change the compensation of the coroner of Troup County, approved
March 31,1967 (Ga. L. 1967, p. 2348), as amended, particularly by an
Act approved March 18, 1980 (Ga. L. 1980, p. 3367), so as to change
certain provisions relative to the coroner; and for other purposes.
This 5th day of February, 1982.
V. Hawley Smith
Chairman,
Troup County Board of
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Crawford Ware who, on oath,
deposes and says that he/she is Representative from the 68th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the LaGrange Daily News which is the
official organ of Troup County, on the following dates: Feb. 12, 19 &
26,1982.
4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ J. Crawford Ware
Representative,
68th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STATE COURT OF TROUP COUNTY
COMPENSATION OF JUDGE AND SOLICITOR.
No. 1089 (House Bill No. 1819).
AN ACT
To amend an Act creating the State Court of Troup County
(formerly the Civil and Criminal Court of Troup County), approved
March 6, 1962 (Ga. L. 1962, p. 3020), as amended, particularly by an
Act approved March 18, 1980 (Ga. L. 1980, p. 3376), so as to change
the compensation of the judge and the solicitor; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Troup County
(formerly the Civil and Criminal Court of Troup County), approved
March 6, 1962 (Ga. L. 1962, p. 3020), as amended, particularly by an
Act approved March 18, 1980 (Ga. L. 1980, p. 3376), is amended by
striking from the second paragraph of Section 5 the following:
GEORGIA LAWS 1982 SESSION
4351
$19,272.00,
and inserting in lieu thereof the following:
$20,236.00,
so that when so amended Section 5 shall read as follows:
Section 5. Judge; Qualifications; Oath; Salary. Any person who
shall be elected Judge of said Civil and Criminal Court of Troup
County must, at the time of his election be at least twenty-five years
of age; he must also have been a resident of Troup County for two
years immediately preceding his election, and must have been a
practicing attorney for at least two years immediately preceding his
election, and before entering upon the discharge of his duties of his
office, he shall take and subscribe the following oath: I solemnly
swear that I will administer justice without respect to persons, and do
equal right to the poor and the rich, and that I will faithfully and
impartially discharge and perform all the duties which may be
required of me as Judge of the State Court of Troup County,
according to the best of my ability and understanding, according to
the laws and Constitution of this State and of the United States, so
help me God. And said oath shall be forwarded to the Governor and
filed in the executive department.
The salary of the Judge of the State Court of Troup County shall
be $20,236.00 per annum, which said salary shall be paid biweekly
from the treasury of Troup County, Georgia, out of the general funds
of said county, and it shall be the duty of the governing authority of
Troup County, Georgia, to make provisions annually in levying taxes
for this purpose. Said judge shall be hereby prohibited from practic-
ing law in any of the courts of Troup County, Georgia.
Section 2. Said Act is further amended by striking from the
fourth paragraph of Section 6 the following:
$12,865.00,
and inserting in lieu thereof the following:
$13,508.00,
4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended, the fourth paragraph of Section 6 shall read
as follows:
The salary of the Solicitor of the State Court of Troup County
shall be $13,508.00 per annum, for prosecution of all criminal cases,
which said salary shall be paid biweekly in equal installments from
the treasury of Troup County, Georgia, out of the general funds of
said county, and it shall be the duty of the governing authority of
Troup County, Georgia, to make provisions annually in levying taxes
for this purpose.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the State Court of Troup County (formerly the Civil and
Criminal Court of Troup County), approved March 6, 1962 (Ga. L.
1962, p. 3020), as amended, particularly by an Act approved March
18, 1980 (Ga. L. 1980, p. 3376), so as to change certain provisions
relative to the judge and the solicitor; and for other purposes.
This 5th day of February, 1982.
V. Hawley Smith
Chairman,
Troup County
Board of Commissioners
GEORGIA LAWS 1982 SESSION
4353
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Crawford Ware who, on oath,
deposes and says that he/she is Representative from the 68th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the LaGrange Daily News which is the
official organ of Troup County, on the following dates: Feb. 12, 19 &
26,1982.
/s/ J. Crawford Ware
Representative,
68th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
ACT CREATING BOARDS OF ELECTIONS IN
CERTAIN COUNTIES AMENDED
(55,110 - 56,000) (66,000 - 74,000).
No. 1090 (House Bill No. 1822).
AN ACT
To amend an Act providing for a board of elections in certain
counties, approved February 27,1975 (Ga. L. 1975, p. 2538), so as to
4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
change the population brackets from not less than 55,110 and not
more than 56,000 according to the 1970 United States Decennial
Census to not less than 66,000 and not more than 74,000 according
to the 1980 United States Decennial 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 providing for a board of elections in certain
counties, approved February 27, 1975 (Ga. L. 1975, p. 2538), is
amended by striking Section 1 in its entirety and inserting in lieu
thereof a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 66,000 and not more than 74,000
according to the 1980 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. This Act shall become effective July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
CITY OF DAHLONEGA NEW CHARTER.
No. 1091 (Senate Bill No. 698).
AN ACT
To create a new charter for the City of Dahlonega in the County of
Lumpkin; to provide for incorporation; to provide for corporate
GEORGIA LAWS 1982 SESSION
4355
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 clerk; to
provide for a city manager; to provide for a city attorney; to provide
for personnel administration; to provide for an oath for employees
and appointed persons; to provide for candidacy of employees and
elected officials; 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 rules for the municipal
court; to provide for general and special elections; to provide for the
applicability of general laws; to provide for rules and regulations for
elections; to provide for vacancies, and for grounds and procedure for
removal; to provide for financial and fiscal matters including property
taxes, tax levy, tax due date and tax bills, collection of delinquent
taxes, license fees, occupational and excise taxes, sewer service
charges, sanitary and health service charges, special assessment 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 construction; 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 1
INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the whole
charter of the City of Dahlonega, in the County of Lumpkin, repealing
and replacing the charter provided by an Act of the General Assem-
4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bly, approved March 27, 1972 (Ga. Laws 1972, p. 2765) and all Acts
amendatory thereto. The City of Dahlonega, Georgia, in the County
of Lumpkin and the inhabitants thereof shall continue to be a body
politic and corporate under the same name and style of the City of
Dahlonega, 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 immunities of every name
and nature whatsoever.
Sectionl.il. Corporate Boundaries. The boundaries of the city
of Dahlonega shall be those existing on the effective date of the
adoption of this Charter with such alterations as may be made from
time to time in the manner provided by law. In accordance with
procedures established by ordinance of the council, the city clerk shall
maintain a map, a written legal description or any combination
thereof showing the current boundaries of the city to be retained
permanently in the city records and to be designated as the case may
be: Map (or Description) of the Corporate Limits of the City of
Dahlonega, Georgia. Alterations in these boundaries shall be indi-
cated by appropriate entries upon or additions to such map or
description, and shall be made at the direction of the council. Photo-
graphic, typed, or other copies of such map or description certified by
the city clerk shall be admitted in evidence in all courts and shall have
the same force and effect as the original map or description.
Section 1.12. Specific Powers. The corporate powers of the
government of the City of Dahlonega to be exercised by the City
Council which is the governing authority may include the following:
(1) to levy and to provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(2) to levy and to provide for the collection of license fees
and taxes on privileges, occupations, trades and professions, and
to license and regulate such privileges, occupations, trades and
GEORGIA LAWS 1982 SESSION
4357
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 city, to authorize the expenditure of money for any
purposes authorized by this Charter and for any purpose for which
a municipality is authorized by the laws of the State of Georgia,
and to provide for the payment of expenses of the city;
(5) to appropriate and borrow money for the payment of
debts of the city and to issue bonds for the purpose of raising
revenue to carry out any project, program or venture authorized
by this Charter or the laws of the State of Georgia;
(6) to acquire, dispose of, and hold in trust or otherwise, any
real, personal, or mixed property, in fee simple or lesser interest,
inside or outside the property limits of the city;
(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, cable televi-
sion systems, and any other public utility; to fix the taxes, charges,
rates, fares, fees, assessments, regulations and penalties and with-
drawal 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-
4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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;
(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;
(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 1982 SESSION
4359
(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 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, to prevent the pollution of natural streams which
flow within the corporate limits of the city, and to protect the
waterbasins and watersheds from which the citys water supply is
taken;
(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 fire fighting, and to prescribe
penalties 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;
4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, alumi-
num, 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 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 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;
GEORGIA LAWS 1982 SESSION
4361
(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 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 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 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 offen-
sive 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;
4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(38) to provide and maintain a system of pensions and retire-
ment for officers and employees of the city;
(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 fire fighting 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;
GEORGIA LAWS 1982 SESSION
4363
(48) to organize and operate such public transportation sys-
tems 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 city and its inhabitants, and
to exercise all implied powers necessary to carry into execution all
powers granted in this Charter as 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 municipali-
ties 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.
4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE II
GOVERNING BODY
Section 2.10. Form of Government. The government of the City
of Dahlonega shall be vested in a City Council to be composed of a
mayor and six councilmen, 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. 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 Dahlonega; 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 or her 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; (3) is convicted of a crime involving moral
turpitude; or (4) is absent from four consecutive regular meetings of
the council, except if granted leave of absence by the council which
leave shall be entered upon the minutes.
(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 of this Charter.
Section 2.13. Compensation and Expenses. The mayor and
councilmen shall receive as compensation for their services an
GEORGIA LAWS 1982 SESSION
4365
amount prescribed by ordinance passed by the council in conformity
with the laws of the State of Georgia. The mayor and councilmen
shall be entitled to receive their actual and necessary expenses
incurred in the performance of their duties of office.
Section 2.14. Prohibitions, (a) Except as authorized by law, no
member of the council shall hold any other elective municipal office
or municipal employment in the City of Dahlonega during the term
for which he or she is elected.
(b) Any city councilman, officer or employee who has a financial
interest, direct or indirect or by reason of ownership of stock in any
corporation, in any contract with the city or in the sale of any land,
material, supplies or services to the city or to a contractor supplying
the city, shall make known that interest by announcement at a
council meeting or in writing to the city clerk and shall refrain from
voting upon or otherwise participating in this capacity as a city officer
or employee in the making of such sale or in the making or perfor-
mance of such contract. Any city councilman, officer or employee
who willfully conceals such financial interest or willfully violates the
requirements of this subsection shall upon conviction, after adminis-
trative hearing before the council, be found guilty of malpractice or
malfeasance in office or position and shall forfeit his or her office or
position. Violation of this Section with the knowledge express or
implied of the person or corporation involved in such contract or sale
shall render the contract or sale voidable by the council.
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
Dahlonega 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-
4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Dahlonega 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 Dahlonega. 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:
(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 or as otherwise directed by the City Council.
Section 2.18. Submission of Ordinance to the Mayor; Veto
Power.
GEORGIA LAWS 1982 SESSION
4367
(1) Every ordinance adopted by the council shall be pre-
sented promptly by the clerk to the mayor.
(2) The mayor, within five calendar days after passage of an
ordinance by the council, 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.
(3) 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 any meeting within 30 days of the mayors veto adopt
the ordinance by an affirmative vote of four councilmen, it shall
become law. Such action shall be taken by a recorded vote of the
council and entered upon the minutes of the council.
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 solemnly swear (or affirm) that I will support the Constitution
of the United States and of the State of Georgia; that I will in all
respects observe the provisions of the charter and ordinances of the
City of Dahlonega, and I will faithfully discharge the duties of (mayor
or councilman, as the case may be). So help me God.
Said oath with the officers jurat attached shall be written or
printed, and when executed, filed with the city clerk.
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.
4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the mayor pro tempore and two councilmen. 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
12 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 by the mayor and all
councilmen shall constitute a waiver of notice of the special meeting if
all of said persons are present at the time the meeting is convened.
Only the business stated in the call may be transacted at the special
meeting, except by unanimous consent of all members present. With
such consent, any business which may be transacted in a regular
meeting may be conducted at the special meeting.
Section 2.22. 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 vice-mayor and
four councilmen shall constitute a quorum and shall be authorized to
transact business of the council. Voting on the adoption of ordi-
nances shall be taken by a recorded vote of the council and shall be
entered upon the minutes. Any member of the council shall have the
right to request a roll call vote. The affirmative vote of a majority of
the council present shall be required for the adoption of any ordi-
nance, 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 Dahlonega.
Any ordinance which repeals or amends an existing ordinance shall
GEORGIA LAWS 1982 SESSION
4369
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.
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 Dahlonega, 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
4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 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 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.
(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 the oath prescribed in Section 3.16.
GEORGIA LAWS 1982 SESSION
4371
(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. The mayor
and members of the council shall be eligible to be appointed to and
serve on such boards, commissions and authorities when the council,
in its discretion, determines it appropriate.
(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
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, in its
discretion, adopt ordinances, rules and regulations consistent with
this Charter dealing with: (1) the method of employment selection
and probationary periods of employment; (2) adoption and adminis-
tration 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 may appoint a city clerk,
who shall also serve as the city treasurer, with such compensation as
shall be determined by the council. The city clerk shall keep the
minutes 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
may direct.
4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.14. City manager; appointment; qualifications; com-
pensation. The city council may 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 or her executive and adminis-
trative qualifications. He or she need not be a resident of the city or
state at the time of his or her appointment, but shall reside within
Lumpkin County while in office. The city manager shall serve at the
pleasure of the council. The city manager shall be the chief adminis-
trative officer of the government of the City of Dahlonega and shall
have such powers and duties as are vested in him or her by ordinance
or as otherwise provided by the council.
Section 3.15. City Attorney. The council may appoint a city
attorney and 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 requested by the council.
Section 3.16. Oath of Officers. Before a person takes any office
in the city government, he or she shall take before an officer of the
State, authorized to administer oaths, the following such oath or
affirmation:
I solemnly swear (or affirm) that I will support the Constitution
of the United States and of the State of Georgia; that I will in all
respects, observe the provisions of the charter and ordinances of the
City of Dahlonega, and I will faithfully discharge the duties of
___________________. So help me God.
Said oaths, with the officers jurat attached, shall be written or
printed, and when executed, filed with the city clerk.
Section 3.17. Candidacy of Employees and Elected Officials.
No officer or employee of the city, other than the mayor and council-
men, shall continue in the employment of the city after becoming a
candidate for nomination or election to any city office. No council-
man or mayor may run for any city office except the one presently
held without first resigning from such office.
GEORGIA LAWS 1982 SESSION
4373
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 Dahlonega 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.
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 Dahlonega 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 authority to punish those in
its presence for contempt, by a fine not to exceed One Hundred
Dollars ($100.00) or imprisonment not to exceed twenty days. The
municipal court may fix punishment for any offense within its
jurisdiction not exceeding Five Hundred Dollars ($500.00) or impris-
onment not to exceed 60 days, 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 60 days, 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 60 days.
(c) The municipal court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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 Dahlonega, 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 appeal to the Superior Court of
Lumpkin 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.
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
GEORGIA LAWS 1982 SESSION
4375
successful administration of the municipal court; provided, however,
that the council may adopt in part or in toto the rules and regulations
for procedure in the superior court under the general laws of the State
of Georgia. The rules and regulations made or adopted shall be filed
with the city clerk, shall be available for public inspection, and, upon
request, a copy shall be furnished to all defendants in municipal court
proceedings at least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS
Section 5.10. Regular Elections, (a) An election shall be held
on the first Saturday 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.
(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 was hereinbefore provided by law as described in
subsection (c).
(c) In odd numbered years the mayor and the three council seats
whose terms of office expire in that year shall be elected. The
candidate for mayor who receives a majority of votes cast in said
election and the three candidates for councilman who receive the
greatest number of votes shall be elected. In even numbered years,
the three council seats whose term of office expire in that year shall be
elected in the same manner.
Section 5.11. Applicability of General Laws. The procedures
and requirements for election of all elected officials of the City of
Dahlonega 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 a
vacancy occurs in one 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 or
4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
offices; provided, however, if such vacancy occurs within 90 days of
the expiration of the term of office of the mayor or any councilman,
said vacancy in office shall be filled at such regular election, and in
such event, no special election shall be held. In all other respects,
special elections shall be conducted in accordance with the applicable
provisions of this Charter and the Georgia Municipal Election Code,
Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now
or hereafter amended.
Section 5.13. Rules and Regulations for Elections. Except as
otherwise provided by the Charter, the city council shall, by ordi-
nance, 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. L. 1968, p. 885), as
now or hereafter amended.
Section 5.14. 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) incompetence, misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of
office as provided by this Charter or by law;
(d) willful violation of any express prohibition of this Charter;
(e) abandonment of office or neglect to perform the duties
thereof; or;
(f) failure for any other cause to perform the duties of office as
required by this Charter or by law.
Section 5.15. Procedure for Removal. Removal of an elected
officer from office may be accomplished by one of the following
methods:
(a) By action of two-thirds vote of the entire membership of the
council. In the event an elected officer is sought to be removed by the
action of the council, such officer shall be entitled to a written notice
specifying the ground for removal and to a public hearing which shall
GEORGIA LAWS 1982 SESSION
4377
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 Lumpkin 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 Lumpkin
County as provided by law.
ARTICLE VI
FINANCIAL AND FISCAL MATTERS
Section 6.10. Property Taxes. All property subject to taxation
for State or county purposes, assessed as of January 1 in each year,
shall be subject to the property tax levied by the City of Dahlonega.
The council by ordinance shall elect to 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 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 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.
Section 6.13. 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 Dahlonega, 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 be collected as provided in Section 6.20.
4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.14. 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 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 ordi-
nance. If unpaid, such taxes or fees shall be collected as provided in
Section 6.20.
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, against the abutting property owners, under such terms and
conditions as may be prescribed by ordinance. If unpaid, such special
assessments shall be collected as provided in Section 6.20.
Section 6.16. 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. The city council may classify businesses, occupations, pro-
fessions or callings for the purpose of such taxation in any way which
may be lawful and compel the payment of such taxes as provided in
Section 6.20.
Section 6.17. 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 6.20. The city
council by ordinance may establish reasonable requirements for
obtaining or keeping such licenses as the public health, safety, and
welfare necessitates.
GEORGIA LAWS 1982 SESSION
4379
Section 6.18. Franchises. The city 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 companies
and other similar organizations. The city council shall determine the
duration, provisions, terms, whether the same shall be exclusive or
non-exclusive, and the consideration for such franchises; provided,
however, no franchise shall be granted for a period of in excess of 35
year(s) 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-
tion book to be kept by him or her. The city council may provide by
ordinance for the registration within a reasonable time of all fran-
chises previously granted.
Section 6.19. Construction; Other Taxes and Fines. The City of
Dahlonega shall be empowered to levy any other tax or fee allowed
now or hereafter by State law and the specific mention of any right,
power or authority in this Article shall not be construed as limiting in
any way the general powers of the city to govern its local affairs.
Section 6.20. Collection of Delinquent Taxes and Fees. The city
council by ordinance may provide generally for the collection of
delinquent taxes, fees, or other revenue due the city under this
Charter by whatever reasonable means as are not precluded by
general State law. This shall include providing for the dates when the
taxes or fees are due; late penalties or interest; issuance and execution
of fi.fas; creation and priority of liens; making delinquent taxes and
fees personal debts of the persons required to pay the taxes or fees
imposed; revoking city licenses for failure to pay any city taxes or fees;
allowing exceptions for hardship; and providing for the assignment or
transfer of tax executions.
Section 6.21. 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 6.22. Revenue Bonds. Revenue bonds may be issued by
the council as State law now or hereafter provides.
4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.23. Fiscal Year; Preparation and Adoption of Operat-
ing Budget. The council shall set a fiscal year and prepare and adopt
a budget in conformance with the requirements of general State law
applicable to municipal corporations.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Official Bonds. The officers and employees of the
City of Dahlonega, 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 regulations of the City of Dahlonega not inconsistent
with the provisions of this Charter shall continue in effect until they
have been repealed, modified, or amended by the council. Existing
rules and regulations of departments or agencies of the City of
Dahlonega not inconsistent with the provisions of this Charter shall
continue in effect until they have been repealed, modified, or
amended.
Section 7.12. Construction, (a) The captions to the several
sections of 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 7.13. 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 Five Hundred Dollars ($500.00) or by impris-
onment not to exceed 60 days, or both such fine and imprisonment.
Section 7.14. Specific Repealer. An Act incorporating the City
of Dahlonega in the County of Lumpkin, approved March 27, 1972
(Ga. Laws 1972, p. 2765), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety.
GEORGIA LAWS 1982 SESSION
4381
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1982
regular session of the General Assembly of Georgia, a bill to provide
for a new Charter for the City of Dahlonega, and for other purposes.
This 4th day of January, 1982.
Jack Roberts
Mayor,
City of Dahlonega
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 Dahlonega Nugget which is the official organ of
Lumpkin County, on the following dates: Jan. 8,15 & 22,1982.
4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
COMPENSATION OF NAMED OFFICERS OF
CERTAIN COUNTIES (190,000 - 210,000).
No. 1092 (House Bill No. 407).
AN ACT
To provide for the compensation of certain officers of 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; 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. (a) (1) (A) Notwithstanding any other provi-
sions of the law to the contrary 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, each of the officers and
officials of any such county listed below shall receive a salary
GEORGIA LAWS 1982 SESSION
4383
fixed by the governing authority of such county, provided
that said salary for each officer shall be not less than the
salary set forth as follows:
Tax commissioner....................$ 33,000.00 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
Clerk of the probate court ......... 24,000.00 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......... 37,800.00 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:
4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tax commissioner
Sheriff
Clerk of superior court
Clerk of state court
Clerk of probate 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
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.
(2) Notwithstanding any other provisions of the law to the
contrary 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, each of
the officers and officials of any such county listed below shall
GEORGIA LAWS 1982 SESSION
4385
receive a salary fixed by the governing authority of such county,
provided that said salary for each officer shall not exceed the
salary set forth as follows:
Chairman of the Board of
Commissioners...........$ 15,000.00 per annum
Members of the Board of
Commissioners............ 7,200.00 per annum
(b) The salaries provided in subsection (a) of this section shall
be paid in equal monthly installments from the funds of each such
county.
Section 2. This Act shall become effective July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
ACT PROVIDING PENSIONS FOR EMPLOYEES OF
CERTAIN CITIES AMENDED (300,000 OR MORE).
No. 1093 (House Bill No. 1343).
AN ACT
To amend the Act approved August 20,1927 (Ga. L. 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. L.
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 such purposes set forth in the caption of said Act and the several
4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Acts amendatory thereof, particularly as amended by Ga. L. 1981, pp.
4376, et seq., so as to correct an inadvertent reference to the Superior
Court of Fulton County, and to provide that matters pertaining to
workers compensation shall not be considered as evidence in a
pension application before the Board of Trustees of said pension
fund; to amend an Act approved August 20,1927 (Ga. L. 1927, p. 265)
providing that cities having a certain population shall furnish bene-
fits to officers and employees of such cities and for such other
purposes set forth in the caption of said Act, as amended, particularly
by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061), by an Act
approved March 4, 1964 (Ga. L. 1964, p. 2407), and by an Act
approved March 28, 1974 (Ga. L. 1974, p. 3546), so as to provide for
terms of the members of and vacancies occurring in said Board; to
provide for necessary rules; to amend an Act approved February 15,
1933 (Ga. L. 1933, pp. 213, et seq.), as amended, providing for
pensions for members of police departments in cities having a popula-
tion of 300,000 (Ga. L. 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 Ga. L. 1981, pp. 4381, et seq.,
and Ga. L. 1978, pp. 4527, et seq., so as to correct an inadvertent
reference to the Superior Court of Fulton County; to provide that
said Act shall not affect nor be affected by workers compensation
except as provided in subsection (F) of Ga. L. 1978, pp. 4527, et seq.;
and that matters pertaining to workers compensation shall not be
considered as evidence in a pension application before the Board of
Trustees of said pension fund; to amend an Act approved August 13,
1924 (Ga. L. 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. L. 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 Ga. L. 1981, pp. 3553,
et seq., and Ga. L. 1978, pp. 4508, et seq., so as to correct an
inadvertent reference to the Superior Court of Fulton County; to
provide that said Act shall not affect nor be affected by workers
compensation except as provided in subsection (F) of Ga. L. 1978, pp.
4508, et seq.; and that matters pertaining to workers compensation
shall not be considered as evidence in a pension application before the
Board of Trustees of said pension fund; to provide an effective date;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
4387
Be it enacted by the General Assembly of Georgia:
Section 1. That an Act providing that cities having a population
of more than 300,000 (as provided in an amendment to said Act in Ga.
L. 1972, p. 3803, Section 1, approved April 13,1972), according to the
United States Decennial Census of 1970, or any future such 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. L. 1927, pp. 265, et seq.), as amended, particularly as
amended by Ga. L. 1981, pp. 4376, et seq., is hereby amended by
striking the words of Fulton County wherever the same shall
appear in Section 2 of the said Act, and substituting in lieu thereof,
the following language:
in and for the county in which such municipality lies, or if such
municipality lies in more than one county, then to the Superior Court
of the county in which the greater part of such municipality lies.,
so that when so amended, said affected sentence shall provide as
follows:
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 in and for the county in
which such municipality lies, or if such municipality lies in more than
one county, then to the Superior Court of the county in which the
greater part of such municipality lies.
Section 1A. An Act approved August 20, 1927 (Ga. L. 1927, p.
265), providing that cities having a certain population shall furnish
benefits to officers and employees of such cities and for such other
purposes set forth in the caption of said Act, as amended, particularly
by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061), by an Act
approved March 4, 1964 (Ga. L. 1964, p. 2407), and by an Act
approved March 28, 1974 (Ga. L. 1974, p. 3546), is amended by
striking in its entirety Section 2 of said 1963 amendatory Act, as
amended, and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. There is hereby established a Board of Trustees whose
duty it shall be to see that the provisions of this Act are carried out
4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that funds are kept separate. Said Board of Trustees shall be
composed of the mayor, the city commissioner of finance, one
member of the aldermanic board to be appointed by the mayor
annually, one member of the board of education to be elected annu-
ally by the board of education, two members to be elected every three
years by the members of the school department participating in said
pension plan, and two members to be elected every three years by the
nonschool employees participating in said pension plan. The present
members of said Board of Trustees so elected by participating
members of the school department shall serve until February 1,1986,
and their successors shall be elected by such participating members of
the school department in January, 1986, and in January each three
years thereafter for a term of three years. The term of the present
members of the Board of Trustees so elected by participating non-
school employees shall expire February 1, 1987, and their successors
shall be elected by such participating nonschool employees in Janu-
ary, 1987, and in January each three years thereafter for a term of
three years. The Board of Trustees shall also include one member
elected every three years by the retired members of the school
department participating in said pension plan, and one member
elected every three years by the retired nonschool employees partici-
pating in said pension plan. The term of the present two members of
the Board of Trustees who are elected by the retired participants in
said pension plan shall expire on February 1, 1988, and their succes-
sors shall be elected in January, 1988, and in January each three years
thereafter for a term of three years. Any Trustee who is not a
member by virtue of his office and who misses three consecutive
meetings, after being properly notified thereof, shall be replaced as a
Trustee at the next scheduled election.
If a vacancy occurs in the office of a Trustee and there is more than
six months before the term of such Trustee expires, a special election
shall be called by the Board of Trustees to fill such vacancy for the
remainder of the unexpired term. If a vacancy occurs in the office of a
Trustee and there is six months or less before the term of such
Trustee expires, the vacancy shall be filled for the unexpired term by
the remaining Trustees. Should a member of the Board of Trustees,
either elected by the members of the school department participating
in such pension plan or elected by the nonschool employees partici-
pating in such pension plan, retire before his term of office expires,
the office of such Trustee shall be declared vacant and shall be filled
as provided above.
GEORGIA LAWS 1982 SESSION
4389
The Board of Trustees shall be authorized to make all rules
necessary in carrying out the provisions of this Act relative to electing
members to the Board of Trustees; provided, however, that the names
of candidates in any election shall be sent to those persons eligible to
vote not more than 45 days nor less than 30 days before the said
election.
In all cities subsequently coming under this Act, the first elections
shall be held at the first regular meeting of the governing authorities
of said city after the population shall be determined. Said Board of
Trustees shall elect a chairman and a secretary thereof and all
members of the Board shall serve without pay except the secretary
who shall be paid $50 per month from the pension fund. When any
pension has been granted by said board, a check shall be drawn on the
fund provided for the payment of the pension each month during the
life of the pensioner, signed by the secretary. The Board of Trustees
shall be authorized to pay out of the pension fund all necessary
expenses in the operation of said Board. Said Board is authorized to
make all necessary rules for the carrying out of the provisions of this
Act, to reconcile conflicts therein, if any shall exist, and to provide for
the equitable disposition of any matter not specifically covered by
this Act, provided that all such rules must be consistent with the
terms and spirit of this Act. Provided that if such city has an
administrative assistant to the mayor that the mayor shall have the
privilege of designating such administrative assistant to the mayor to
serve on the Board of Trustees in his stead and, when so acting, he
shall have all the powers herein conveyed to the mayor.
Section 2. That an Act providing for pensions for members of
police departments in cities having a population of 300,000 (Ga. L.
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. L. 1933, pp. 213, et seq.), as amended, particularly as amended
by Ga. L. 1981, pp. 4381, et seq., is hereby amended by striking the
words of Fulton County wherever the same shall appear in Section
2 of said Act, and substituting in lieu thereof, the following language:
in and for the county in which such municipality lies, or if such
municipality lies in more than one county, then to the Superior Court
of the county in which the greater part of such municipality lies.,
4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended, said affected sentence shall provide as
follows:
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 in and for the county in
which such municipality lies, or if such municipality lies in more than
one county, then to the Superior Court of the county in which the
greater part of such municipality lies.
Section 3. That 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. L. 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. L. 1924, pp. 167, et seq.), as
amended, particularly as amended by Ga. L. 1981, pp. 3553, et seq., is
hereby amended by striking the words of Fulton County wherever
the same shall appear in Section 2 of the said Act, and substituting in
lieu thereof the following language:
in and for the county in which such municipality lies, or if such
municipality lies in more than one county, then to the Superior Court
of the county in which the greater part of such municipality lies.,
so that when amended, said affected sentence shall provide as follows:
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 in and for the county in
which such municipality lies, or if such municipality lies in more than
one county, then to the Superior Court of the county in which the
greater part of such municipality lies.
Section 4. That an Act providing that cities having a population
of more than 300,000 (as provided in an amendment to said Act in Ga.
L. 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
GEORGIA LAWS 1982 SESSION
4391
other purposes set forth in the caption of said Act, approved August
20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended, particularly as
amended by Ga. L. 1981, pp. 4376, et seq., is hereby amended by
adding to Section 6 thereof the following language:
Further, no decisions of the State Board of Workers Compensa-
tion shall be entered as evidence with a pension application before the
Board of Trustees of said pension fund, nor shall said Board consider
any evidence pertaining to the applicants entitlement to workers
compensation in any hearing upon a pension application.,
so that when amended, said affected Section 6 shall provide as
follows:
Effect on workers compensation laws. Except as provided in
subsection (F) of Ga. L. 1978, pp. 4546, et seq., this Act shall not affect
nor be affected by any workers compensation law, or other similar
laws. Further, no decisions of the State Board of Workers Compen-
sation shall be entered as evidence with a pension application before
the Board of Trustees of said pension fund, nor shall said Board
consider any evidence pertaining to the applicants previously deter-
mined entitlement to workers compensation in any hearing upon a
pension application.
Section 5. That an Act providing for pensions for members of
police departments in cities having a population of 300,000 or more
(Ga. L. 1973, p. 2832) 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. L. 1933, pp. 213, et seq.), as amended, particularly as amended
by Ga. L. 1978, pp. 4527, et seq., is hereby amended by striking
Section 23 in its entirety, and substituting in lieu thereof a new
Section 23 which shall read as follows:
Effect on workers compensation laws. Except as provided in
subsection (F) of Ga. L. 1978, pp. 4527, et seq., this Act shall not affect
nor be affected by any workers compensation law, or other similar
laws. Further, no decisions of the State Board of Workers Compen-
sation shall be entered as evidence with a pension application before
the Board of Trustees of said pension fund, nor shall said Board
consider any evidence pertaining to the applicants previously deter-
mined entitlement to workers compensation in any hearing upon a
pension application.
4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. That 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. L. 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. L. 1924, pp. 167, et seq.), as
amended, particularly as amended by Ga. L. 1978, pp. 4508, et seq., is
hereby amended by striking Section 21 of said Act in its entirety, and
substituting in lieu thereof a new Section 21 which shall read as
follows:
Effect on workers compensation laws. Except as provided in
subsection (F) of Ga. L. 1978, pp. 4508, et seq., this Act shall not affect
nor be affected by any workers compensation law, or other similar
laws. Further, no decisions of the State Board of Workers Compen-
sation shall be entered as evidence with a pension application before
the Board of Trustees of said pension fund, nor shall said Board
consider any evidence pertaining to the applicants previously deter-
mined entitlement to workers compensation in any hearing upon a
pension application.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
FULTON COUNTY CHIEF CLERK OF
PROBATE COURT.
No. 1094 (House Bill No. 1492).
AN ACT
To amend an Act providing that in Fulton County, Georgia, the
judge of the probate court, sheriff, clerk of superior court, tax
GEORGIA LAWS 1982 SESSION
4393
receiver, tax collector, and county treasurer may appoint a chief
deputy, chief clerk, or chief assistant, approved March 24, 1939 (Ga.
L. 1939, p. 565), as amended, particularly by an Act approved April 8,
1965 (Ga. L. 1965, p. 3374), so as to provide conditions upon which the
chief clerk of the Probate Court of Fulton County may fill a vacancy
and serve out the unexpired term in the office of judge of the Probate
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 providing that in Fulton County, Georgia, the
judge of the probate court, sheriff, clerk of superior court, tax
receiver, tax collector, and county treasurer may appoint a chief
deputy, chief clerk, or chief assistant, approved March 24,1939 (Ga.
L. 1939, p. 565), as amended, particularly by an Act approved April 8,
1965 (Ga. L. 1965, p. 3374), is amended by adding at the end of
Section 3 thereof the following:
Without in any way affecting the eligibility of a person to serve as
chief clerk to the judge of the Probate Court of Fulton County, that
chief clerk shall not be eligible to fill the vacancy in the office and
serve out the unexpired term of that judge of the probate court under
Section 5 of this Act unless that chief clerk possesses all the qualifica-
tions a person must possess to be eligible for election to, or hold the
office of judge of the Probate Court of Fulton County.,
so that when so amended said Section 3 shall read as follows:
Section 3. The judge of the probate court serving in Fulton
County shall be required to appoint from among the clerks in the
office of the probate court a chief clerk to said judge of the probate
court and upon making such appointment it shall be spread upon the
minutes of the Probate Court of Fulton County and shall likewise be
spread upon the minutes of the board of commissioners of Fulton
County. In making said appointment, said judge of the probate court
shall appoint such chief clerk at the will and pleasure of the officer
making the appointment, subject to the provisions of Fulton County
civil service laws, rules and regulations. If the person so appointed as
4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chief clerk, as herein provided, resigns or if by revocation of the
appointment, or for any other reason the appointment becomes
vacated, the person here directed to make such appointment shall
reappoint a chief clerk and notice of such reappointment shall
likewise be spread upon the minutes of the probate court and the
minutes of the board of commissioners. The chief clerk to said judge
of the probate court shall also serve as chief assistant and administra-
tive officer of the probate court and as such, shall aid the judge of said
court in expediting the transaction of the business of said court in
such manner as the said judge of the probate court thereof may direct
and shall receive as compensation for such services a salary to be paid
by the county commission. Nothing in this section shall be construed
to affect the civil service status of such deputy. Without in any way
affecting the eligibility of a person to serve as chief clerk to the judge
of the Probate Court of Fulton County, that chief clerk shall not be
eligible to fill the vacancy in the office and serve out the unexpired
term of that judge of the probate court under Section 5 of this Act
unless that chief clerk possesses all the qualifications a person must
possess to be eligible for election to, or hold, the office of judge of the
Probate Court of Fulton 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
providing that in Fulton County, Georgia, the judge of the probate
court, sheriff, clerk of superior court, tax receiver, tax collector, and
county treasurer may appoint a chief deputy, chief clerk, or chief
assistant, approved March 24,1939 (Ga. L. 1939, p. 565), as amended,
particularly by an Act approved April 8, 1965 (Ga. L. 1965, p. 3374);
and for other purposes.
This 21st day of January, 1982.
GEORGIA LAWS 1982 SESSION
4395
John Greer
Representative,
43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer who, on oath, deposes
and says that he 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: January 22, 29;
February 5,1982.
/s/ John W. Greer
Representative,
43rd District
Sworn to and subscribed before me,
this 9th day of February, 1982.
/s/ Lounell R. Jones
Notary Public, Georgia State at Large.
My Commission Expires March 27, 1982.
(Seal).
Approved April 12, 1982.
4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY SPECIAL SERVICES TAX
DISTRICTS ACT.
No. 1095 (House Bill No. 1497).
AN ACT
To impose certain requirements and limitations upon ad valorem
taxes levied by DeKalb County to finance the provision of certain
governmental services; to provide a short title; to provide for defini-
tions; to provide for findings, purposes, and authority for this Act; to
provide for special service tax districts within DeKalb County; to
provide for a district services ad valorem tax; to provide for the
adjustment of the district services ad valorem tax within each special
services tax district and within the unincorporated area of the county;
to provide that certain other county and municipal powers shall not
be affected by this Act; to authorize certain contracts for district
services; to provide for the effectiveness of this Act; to provide for
other matters relative to the foregoing; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited
as the DeKalb County Special Services Tax Districts Act.
Section 2. Definitions. As used in this Act, the term:
(1) Constitutional amendment means the amendment to
the Constitution of Georgia of 1976 ratified at the general election
of 1978 and set forth in Georgia Laws 1978, pages 2468-2471,
which provided that municipalities lying wholly within DeKalb
County and the DeKalb County portion of any municipality lying
wholly or partially within DeKalb County shall constitute special
services tax districts for the provision of certain governmental
services therein by DeKalb County and providing that DeKalb
County shall assess, levy, and collect ad valorem taxes and collect
service charges or fees within such special services tax districts
only in accordance with the kind, character, type, and degree of
such governmental services provided therein by said county and
authorizing the General Assembly to provide by law for such
matters.
GEORGIA LAWS 1982 SESSION
4397
(2) DeKalb municipalities means that portion of the City
of Atlanta lying within DeKalb County and the cities of Avondale
Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Pine
Lake, and Stone Mountain.
(3) Unincorporated area means that portion of DeKalb
County lying outside the corporate limits of DeKalb municipali-
ties.
(4) District services means the following governmental
services provided by DeKalb County:
(A) Police protection;
(B) Parks, recreational areas, programs and facilities;
(C) Street and road maintenance, including the main-
tenance of curbs, sidewalks, streetlights, and devices to con-
trol the flow of traffic on streets and roads, or any combina-
tion thereof; and
(D) Storm water systems.
Section 3. Findings; purposes; authority, (a) The General
Assembly finds that the kind, character, type, and degree of district
services provided by DeKalb County varies among DeKalb munici-
palities and between those municipalities and the unincorporated
area of the county. Based on studies of the provision of district
services by DeKalb County, the General Assembly further finds that
the variation in the provision of district services is quantifiable for
each DeKalb municipality and for the unincorporated area so that the
DeKalb County ad valorem tax levied to finance the provision of
district services may be adjusted by a factor established by law for
each DeKalb municipality and for the unincorporated area to the end
that the rate of such ad valorem tax shall bear a reasonable relation-
ship to the value of district services actually received by residents of
the county within each DeKalb municipality and within the unincor-
porated area. It is the purpose of this Act to implement the intention
of the constitutional amendment by establishing the factor for each
DeKalb municipality and for the unincorporated area which DeKalb
County shall be required to apply to the county ad valorem tax levied
to finance the provision of district services to adjust the millage rate
of such tax for each DeKalb municipality and for the unincorporated
area.
4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) This Act is pursuant to the authority of the constitutional
amendment which specifically provides that the General Assem-
bly shall be authorized by law to control the subject matter of this
paragraph and to further define and implement the provisions
thereof, including the deletion of services designated herein as dis-
trict services or the addition of other district services, or any
combination thereof, in such manner and pursuant to such terms and
conditions as the General Assembly may provide by such law.
Section 4. Special services tax districts. Each DeKalb munici-
pality shall constitute a special services tax district composed of that
portion of DeKalb County lying within the corporate limits of each
respective DeKalb municipality. For the purposes of this Act, each
such special services tax district shall be designated by the name of its
respective DeKalb municipality, except that portion of DeKalb
County lying within the corporate limits of the City of Atlanta which
shall be designated Atlanta in DeKalb.
Sections. District services ad valorem tax. The district services
ad valorem tax shall be determined annually by the governing author-
ity of DeKalb County as follows:
(1) Each district service shall be budgeted separately, and
the total amount necessary to fund the district service, except
capital expenditures funded from the issuance of general obliga-
tion bonds, shall be determined;
(2) From the amount determined under paragraph (1)
above there shall be deducted those amounts budgeted for each
district service which are derived from revenue sources other than
ad valorem taxes;
(3) The amounts determined under paragraphs (1) and (2)
for each district service shall be added together to produce the
total amount to be derived from the ad valorem tax to finance the
provision of all district services;
(4) The amount determined under paragraph (3) shall be
converted to an ad valorem tax millage rate based on the county-
wide tax digest, and the millage rate so established shall be the
district services ad valorem tax millage rate.
GEORGIA LAWS 1982 SESSION
4399
Section 6. Adjustment of district services ad valorem tax millage
rate, (a) The district services ad valorem tax millage rate shall be
adjusted for each special services tax district and for the unincorpo-
rated area, and the millage rate levied by DeKalb County on taxable
property within each special services tax district and within the
unincorporated area to finance the provision of district services shall
be the adjusted millage rate provided for in this section.
(b) The adjusted ad valorem tax millage rate for district services
for each special services tax district shall be the percentage of the
district services ad valorem tax millage rate determined under para-
graph (4) of Section 5 which is shown below for each special services
tax district:
(1) Atlanta in DeKalb............................. 0%
(2) Avondale Estates.............................. 78
(3) Chamblee...................................... 23
(4) Clarkston..................................... 63
(5) Decatur....................................... 33
(6) Doraville..................................... 34
(7) Lithonia...................................... 64
(8) Pine Lake..................................... 78
(9) Stone Mountain................................ 52
(c) The adjusted district services ad valorem tax for the unincor-
porated area shall be the millage rate applied to taxable property
within the unincorporated area which will produce the total amount
determined under paragraph (3) of Section 5 of this Act less the
amount derived by DeKalb County from special service tax districts
through the imposition of the adjusted ad valorem tax millage rates
levied pursuant to subsection (b) of this section.
Section 7. Other county and municipal powers not affected. The
provisions of this Act shall apply only to district services, as defined
by paragraph (4) of Section 2 of this Act, provided by DeKalb County
and shall not affect ad valorem taxes levied by DeKalb County or
DeKalb municipalities or other sources of revenue available to the
county or DeKalb municipalities to fund other governmental services.
Nothing in this Act shall be construed to prohibit DeKalb County or
DeKalb municipalities from creating other or additional special
service tax districts or from entering into contracts with each other
governing the provision of other governmental services. However,
unless pursuant to a contract authorized by Section 8 of this Act, the
4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
requirements of this Act shall not be superseded or abrogated by the
exercise of any powers possessed by DeKalb County or DeKalb
municipalities.
Section 8. Contracts for district services, (a) The governing
authority of DeKalb County and the governing authority of any
DeKalb municipality are authorized to enter into contracts governing
the provision of district services by DeKalb County. In the event any
such contract is entered into, the requirements of this Act, as to the
DeKalb municipality entering the contract, shall be suspended
during the period the contract is in effect, and the provision of district
services by DeKalb County within the DeKalb municipality entering
into the contract and the funding of such district services shall be
controlled by the contract.
(b) In the event DeKalb County and a DeKalb municipality
enter into a contract authorized by subsection (a) of this section, the
adjustment to the district services ad valorem tax millage rate for the
unincorporated area shall be the millage rate applied to taxable
property within the unincorporated area which will produce the total
amount determined under paragraph (3) of Section 5 of this Act less:
(1) The amount derived by DeKalb County from special
services tax districts, except the special service tax district of the
DeKalb municipality which has entered into a contract with
DeKalb County, from the adjusted ad valorem tax millage rates
levied pursuant to subsection (b) of Section 6 of this Act; and
(2) The amount derived, if any, by DeKalb County from the
DeKalb municipality which has entered into a contract with the
county in payment for the provision of district services within the
municipality by the county.
(c) In the absence of a contract authorized by this section or
upon the expiration of any such contract or upon any such contract
ceasing to be effective for any reason, the provisions of this Act shall
govern ad valorem taxes levied by DeKalb County within each special
services tax district to finance the provisions of district services by the
county.
Section 9. Effective date. This Act shall become effective on
March 1,1983.
GEORGIA LAWS 1982 SESSION
4401
Section 10. Repealer. All laws and parts of laws in conflict with
this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
Session of the General Assembly of Georgia, a bill to impose certain
requirements and limitations upon the levy of ad valorem taxes by
DeKalb County and to provide for certain special services tax dis-
tricts within DeKalb County in connection therewith; to provide for
other matters relative thereto; and for other purposes.
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 which is the
official organ of DeKalb County, on the following dates: Jan. 14,21 &
28,1982.
/s/ Peggy Childs
Representative,
51st District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF AVONDALE CORPORATE LIMITS.
No. 1096 (House Bill No. 1594).
AN ACT
To amend an Act incorporating the City of Avondale Estates,
approved August 25,1927 (Ga. L. 1927, p. 813), as amended, particu-
larly by an Act approved March 28,1969 (Ga. L. 1969, p. 2437) and by
an Act approved February 18, 1977 (Ga. L. 1977, p. 2763), 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 Avondale Estates,
approved August 25,1927 (Ga. L. 1927, p. 813), as amended, particu-
larly by an Act approved March 28,1969 (Ga. L. 1969, p. 2437) and by
an Act approved February 18,1977 (Ga. L. 1977, p. 2763), is amended
by striking in its entirety Section 1 and substituting in lieu thereof a
new Section 1 to read as follows:
Section 1. The inhabitants within the corporate limits and
boundaries thereinafter described in DeKalb County, Georgia, shall
be and continue a body politic and corporate under the name of City
of Avondale Estates, and as such shall have perpetual succession.
The said corporate limits of the City of Avondale Estates shall
embrace the territory within the following boundary to wit: beginning
at the northwest corner of land lot 217 of the 15th district of originally
Henry, now DeKalb County, Georgia, thence east along the north line
of land lot 217 one hundred five (105) feet to a point; thence north six
hundred fifty-eight (658) feet parallel with the west line of said land
lot 232 and one hundred five (105) feet east therefrom to a point;
thence west four (4) feet to the easterly right-of-way line of Forrest
Boulevard; thence in a northerly direction along the easterly right-of-
GEORGIA LAWS 1982 SESSION
4403
way line of Forrest Boulevard five hundred and ninety-four (594) feet
to the intersection of the easterly right-of-way line of Forrest Boule-
vard with the southerly line of land lot 248 of the 15th district of
originally Henry now DeKalb County, Georgia, thence west along the
south line of land lot 248, five hundred thirty-nine (539) feet more or
less to a southwesterly corner of property formerly owned by
W. R. Hill; thence north, eight degrees and thirty minutes west
fourteen hundred eighty-four (1,484) feet along said Hill line to the
south side of the present Avondale Road (said Avondale Road being
the same road as the former Stone Mountain Road); thence westerly
along the south side of North Avondale Road then College Avenue a
distance of nine hundred and two (902) feet, more or less; thence
northerly across College Avenue and thence in a northerly direction
along the westerly side of Maple Street a distance of five hundred and
thirty-four (534) feet, more or less, to its projected intersection with
the southerly right-of-way line of the Georgia Railroad; thence con-
tinuing in a northeasterly direction along said southerly right-of-way
line a distance of two thousand and nineteen (2019) feet, more or less,
to its intersection with the easterly right-of-way of Oak Street; thence
in a southerly direction along the easterly side of Oak Street to a point
located a distance of two hundred and ninety (290) feet, more or less,
from the intersection of the easterly right-of-way line of Oak Street
and the southerly right-of-way of the Georgia Railroad; thence in an
easterly direction along the southerly property line of the Georgia
Duck and Cordage Mill a distance of two hundred (200) feet, more or
less, to the intersection of this property line and the westerly side of
Lake Street, were Lake Street extended in a straight line to intersect
with said property line; thence in a straight line in a northeasterly
direction along the original designated northerly right-of-way line of
Green Street and/or the southerly property line of the Georgia Duck
and Cordage Mill a distance of four hundred and eighty (480) feet,
more or less, to a point; thence in a southeasterly direction a distance
of two hundred and thirty (230) feet, more or less, to an intersection
with the northerly right-of-way of Parry Street; thence in a northeast-
erly direction along the northerly right-of-way of Parry Street a
distance of four hundred and five (405) feet, more or less, to its
intersection with the easterly right-of-way of Laredo Drive; thence in
a southeasterly direction along the easterly right-of-way of Laredo
Drive a distance of ninety five (95) feet, more or less, to its inter-
section with the westerly right-of-way of North Clarendon Avenue
(formerly Stone Mountain Road); thence in a northeasterly direction
along the westerly right-of-way line of North Clarendon Avenue one
thousand and seventeen (1017) feet, more or less; thence in a north-
4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
easterly direction across North Clarendon Avenue and then along the
northerly right-of-way line of Old Rockbridge Road five hundred and
forty five (545) feet, more or less to a point; thence due south three
hundred and ninety (390) feet, more or less to the northeast corner of
land lot 249; thence south along said east line of land lot 249 to the
center of Covington Road; thence easterly along the center of
Covington Road to the center line of Stratford Road; thence south-
westerly on a curved line following the center line of said Stratford
Road to the center line of Kensington Road; thence westerly along the
center line of Kensington Road to the point in said center line where
the lines between lots 41 and 42 in block 20 of said Avondale Estates
plat, produced northerly, intersects said center line of Kensington
Road; thence southwesterly along said produced line and the line
between lots 41 and 42 in block 20, one hundred eighty-five and three-
tenths (185.3) feet to the northeasterly corner of lot 4 of said block;
thence in a southerly direction along the rear lines of lots 4 to 21 both
inclusive in block 20, continuing across sidewalk between blocks 20
and 21 and along the rear lines of lots 1 to 13 both inclusive in block 21
of said plat; thence continuing across Wiltshire Drive and along the
lines of lots 1 to 3 of block 22, a distance of one hundred eighty (180)
feet; thence northeast along the north side of lot 61 of block 22 to the
western side of Stratford Road; thence in a southerly direction along
the west side of Stratford Road to the southeast corner of lot 57 of
block 22; thence southwest along the south side of lot 57 of block 22 to
said lots southwest corner; thence southwesterly on a straight line
two hundred ten (210) feet to a point on the south line of said land lot
231, said point being two hundred sixty-five (265) feet east measured
along said land lot line from the southwest corner of said land lot 231;
thence west along the south line of said land lot 231 two hundred
sixty-five (265) feet to the southwest corner thereof; thence continu-
ing west along the south line of land lot 232 to a point where the south
line of the said land lot 232 intersects the west side of Clarendon
Avenue; thence south along the west side of Clarendon Avenue (also
known as Clarendon Road) to a point on the west side of Clarendon
Avenue, said point being located four hundred-fifty-eight and six-
tenths (458.6) feet north of the intersection of the west side of
Clarendon Avenue and the north side of Columbia Drive; thence west
four hundred fifty (450) feet more or less to a point located on the
west line of land lot 217; said point being located four hundred fifty-
eight and six-tenths (458.6) feet north of the intersection of the west
line of land lot 217 with the north side of Columbia Drive; thence
north along the west line of land lot 217 to the northwest corner of
said land lot 217 to the point of beginning.
GEORGIA LAWS 1982 SESSION
4405
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
incorporating the City of Avondale Estates, approved August 25,1927
(Ga. L. 1927, p. 813), as amended, particularly by an Act approved
March 28,1969 (Ga. L. 1969, p. 2437), and an Act approved February
18,1977 (Ga. L. 1977, p. 2673); and for other purposes.
This 22nd day of January, 1982.
Eleanor Richardson
Representative,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Eleanor L. Richardson who, on oath,
deposes and says that he/she is Representative from the 52nd Dis-
trict, and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Decatur-DeKalb News which
is the official organ of DeKalb County, on the following dates: Janu-
ary 28,1982, February 4,11,1982.
/s/ Eleanor L. Richardson
Representative,
52nd District
4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
BIBB COUNTY BOARD OF PUBLIC EDUCATION
AND ORPHANAGE, REFERENDUM.
No. 1097 (House Bill No. 1625).
AN ACT
To amend an Act establishing the board of public education and
orphanage for Bibb County, approved October 23,1872 (Ga. L. 1872,
p. 388), as amended, particularly by an Act approved April 10, 1971
(Ga. L. 1971, p. 3926), so as to provide that there shall be no limit
upon the number of terms which a member of the board may serve; to
provide for a referendum; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the board of public education and
orphanage for Bibb County, approved October 23,1872 (Ga. L. 1872,
p. 388), as amended, particularly by an Act approved April 10, 1971
(Ga. L. 1971, p. 3926), is amended by striking Section 2D which reads
as follows:
Section 2D. No person shall be eligible to be elected to the board
if he has served three consecutive terms as an elected member of the
board.,
GEORGIA LAWS 1982 SESSION
4407
and inserting in its place a new section to read as follows:
Section 2D. There shall be no limit upon the number of terms
which may be served by members of the board.
Section 2. Not less than 30 nor more than 60 days prior to the
date of the November, 1982, general election, it shall be the duty of
the election superintendent of Bibb County to issue the call for an
election for the purpose of submitting this Act to the electors of Bibb
County for approval or rejection. The superintendent shall set the
date of such election for the date of the November, 1982, general
election. The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Bibb County. The
ballot shall have written or printed thereon the words:
( ) YES Shall the Act providing that there
( ) NO shall be no limit upon the number
of terms to which members of the
Bibb County board of public edu-
cation and orphanage may be
elected 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, then the provisions of Section 1 of this Act
shall immediately become of full force and effect; otherwise Section 1
shall be void and of no force and effect.
The expense of such election shall be borne by Bibb County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
establishing the board of public education and orphanage for Bibb
County, approved October 23,1872 (Ga. L. 1872, p. 388), as amended,
particularly by an Act approved October 13, 1971 (Ga. L. 1971, Ex.
Sess., p. 2136), so as to remove the provision prohibiting members of
the board from serving more than three consecutive terms; and for
other purposes.
This 27th day of January, 1982.
Frank Horne
Representative,
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
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: Jan. 29,1982 & Feb. 5 &
12,1982.
/s/ Frank S. Horne, Jr.
Representative,
104th District
GEORGIA LAWS 1982 SESSION
4409
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MACON-BIBB COUNTY WATER AND SEWERAGE
AUTHORITY ACT AMENDED.
No. 1098 (House Bill No. 1732).
AN ACT
To amend the Macon-Bibb County Water and Sewerage Author-
ity Act, approved March 2,1966 (Ga. L. 1966, p. 2737), as amended,
particularly by an Act approved March 26,1980 (Ga. L. 1980, p. 4004),
so as to change the provisions relating to electoral districts; to provide
for all related matters; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Macon-Bibb County Water and Sewerage
Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as
amended, particularly by an Act approved March 26, 1980 (Ga. L.
1980, p. 4004), is amended by replacing paragraphs (2) and (3) of
subsection (b) of Section 2 with new paragraphs to read as follows:
(2) For the purpose of electing members of the authority, Bibb
County is divided into five electoral districts as follows:
4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District No. 1
Bibb
Tract 101
Block Groups 1 and 2
Tract 104
Blocks 103, 104, 109, 111, 112,
117, 118, 123, 124, 126,
and 129 through 131
Tracts 105 through 109, 111, and 112
Tract 113
Blocks 119, 120, and 125
Block Groups 2, 3, and 9
Tracts 114 and 115
Tract 116
Block Group 1
That part of Block 201 inside
the City of Macon
Blocks 202 through 213
That part of Blocks 214, 215, and 301
inside the City of Macon
Blocks 302 through 304, 311, 317 through
338, 401, 404 through 414, and 416
Block Group 9
Tract 117.02
Tract 127
Block Groups 1 and 2
Block 328
Tracts 133.01 and 133.02
District No. 2
Bibb
Tract 101
Block Groups 3 through 7
Tract 102
Block Group 1
Blocks 201 and 202
Tract 103
Tract 104
Blocks 113, 114, 116, 119, 120 through
122, 127, 132, and 133
Block Groups 2 through 6
Tract 116
That part of Blocks 201, 214, 215,
and 301 outside the City of Macon
GEORGIA LAWS 1982 SESSION
4411
Blocks 402, 403, 426, and 427
Tract 122
Blocks 105, 107, and 108
Block Groups 2 and 3
Tract 123
That part of Block 101 inside the
City of Macon
Blocks 111 through 116
Block Groups 2 through 5
Blocks 601 and 602
Tract 124
Blocks 205, 206, and 208 through 220
Block Groups 3 and 4
Tract 125
Tract 126
Block Groups 1 and 2
Blocks 301 through 311
Block Group 5
Block 901
Tract 127
Blocks 301 through 309, 311 through
321, 323, and 330 through 332
Tract 128
Tract 130
Blocks 101 through 124, 201
through 204, 904 through 906,
and 908 through 910
Tract 132.01
Blocks 112 through 127
Tract 132.02
Blocks 202 through 212, 220, and 221
District No. 3
Bibb
Tract 102
Blocks 203 through 205, 207 through
212, 214, and 215
Block Groups 3 and 4
Tract 110
Tract 113
Blocks 111, 112, 114, 115, 118, 121
through 124, 126, and 127
Tracts 117.01 and 118 through 121
Tract 122
4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 101 through 103 and 109
through 117
Tract 123
That part of Block 101 outside the
City of Macon
Blocks 102 through 106, 118, 119,
603 through 620, 622, and 623
Tract 124
Block Group 1
Blocks 201 through 204
Tract 134.01
Tract 134.02
Except Block 913
Tract 136.01
Blocks 301, 302, and 316
Block Group 4
District No. 4
Bibb
Tract 126
Blocks 312 through 323
Block Group 4
Blocks 903 and 904
Tract 129
Tract 130
Blocks 125 through 128, 205 through
208, 901 through 903, and 907
Tracts 131.01 and 131.02
Tract 132.01
Blocks 101 through 109
Block Groups 3 and 9
Tract 132.02
Blocks 213 through 218
Block Group 3
Tract 134.02
Block 913
Tracts 135.01 and 135.02
Tract 136.01
Block Groups 1 and 2
Blocks 303 through 315, 317 through
324, and 334 through 340
Tract 136.02
GEORGIA LAWS 1982 SESSION
4413
District No. 5
Bibb County in its entirety
(3) For the purposes of this section:
(A) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(B) Whenever the description of any electoral district refers
to a named city, it shall mean the geographical boundaries of that
city as shown on the census maps for the United States decennial
census of 1980 for the State of Georgia.
(C) Any part of Bibb County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to redistrict
the County of Bibb for the election of four (4) Water & Sewerage
Authority members using the Census Data of 1980.
This 21st day of December, 1981.
Frank Pinkston
Representative,
District 100
4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: Dec. 25,1981 &
Jan. 1 & 8,1982.
/s/ Frank Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DADE COUNTY COMPENSATION OF
PROBATE COURT DEPUTIES, ETC.
No. 1099 (House Bill No. 1806).
AN ACT
To amend an Act placing the Dade County probate judge on an
annual salary, approved March 9, 1959 (Ga. L. 1959, p. 4079), as
GEORGIA LAWS 1982 SESSION
4415
amended, particularly by an Act approved April 17,1975 (Ga. L. 1975,
p. 3225), so as to change provisions relating to compensation of the
judges deputies and clerks; 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 probate judge on an
annual salary, approved March 9, 1959 (Ga. L. 1959, p. 4079), as
amended, particularly by an Act approved April 17,1975 (Ga. L. 1975,
p. 3225), is amended by striking Section 6 which reads 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.,
and inserting in its place a new Section 6 to read as follows:
Section 6. The Dade County probate judge may employ clerks
and deputies to be paid from county funds, but the compensation of
such clerks and deputies shall be subject to approval by the Dade
County commissioner.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill affecting the
compensation of the clerical help of the Probate Court of Dade
County.
This 8th day of January, 1982.
4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Trenton County, on the following dates: Jan. 13,20, &
27,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4417
DADE COUNTY COMPENSATION OF DEPUTIES
OF CLERK OF SUPERIOR COURT.
No. 1100 (House Bill No. 1807).
AN ACT
To amend an Act placing the Dade County clerk of superior court
on an annual salary, approved April 10,1971 (Ga. L. 1971, p. 3824), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 4077), so as to change provisions relating to the compensation of
the clerks deputies; 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. L. 1971, p.
3824), as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 4077), is amended by striking Section 4 which reads as
follows:
Section 4. The clerk of the superior court shall have the author-
ity 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 assignments, and to
remove or replace any such employee at will and within his sole
discretion.,
and inserting in its place a new section to read as follows:
Section 4. The Dade County clerk of superior court may employ
deputies to be paid from county funds, but the compensation of such
deputies shall be subject to approval by the Dade County commis-
sioner.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
4418 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
1982 session of the General Assembly of Georgia a bill affecting the
compensation of the clerical help of the Clerk of the Superior Court of
Dade County.
This 8th day of January, 1982.
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,Trenton
which is the official organ of Dade County, on the following dates:
Jan. 13,20 & 27,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4419
DADE COUNTY COMPENSATION OF TAX
COMMISSIONERS PERSONNEL.
No. 1101 (House Bill No. 1808).
AN ACT
To amend an Act creating the office of tax commissioner of Dade
County, approved March 7, 1935 (Ga. L. 1935, p. 617), as amended,
particularly by an Act approved April 17,1975 (Ga. L. 1975, p. 3221),
so as to change provisions relating to the compensation of the
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 creating the office of tax commissioner of
Dade County, approved March 7, 1935 (Ga. L. 1935, p. 617), as
amended, particularly by an Act approved April 17,1975 (Ga. L. 1975,
p. 3221), is amended by striking subsection (c) of Section 5 which
reads as follows:
(c) The Tax Commissioner is hereby authorized to employ
clerical and other personnel to assist him in the performance of his
duties and shall fix the compensation for such personnel. The
governing authority of Dade County shall pay the compensation of
such personnel from the funds of Dade County but in a total amount
for all such personnel not to exceed $8,000.00 per annum.,
and inserting in its place a new subsection to read as follows:
(c) The tax commissioner of Dade County may employ clerical
and other personnel to be paid from county funds, but the compensa-
tion of such personnel shall be subject to approval by the Dade
County commissioner.
4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill affecting the
compensation of the clerical help of the Tax Commissioner of Dade
County.
This 8th day of January, 1982.
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, Trenton
which is the official organ of Dade County, on the following dates:
Jan. 13,20 & 27,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
GEORGIA LAWS 1982 SESSION
4421
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
WALKER COUNTY EMPLOYEES OF CLERK
OF SUPERIOR COURT.
No. 1102 (House Bill No. 1809).
AN ACT
To amend an Act placing the clerk of superior court of Walker
County on an annual salary, approved January 27,1964 (Ga. L. 1964,
p. 2024), as amended, particularly by an Act approved April 6, 1981
(Ga. L. 1981, p. 3724), so as to change the maximum compensation of
personnel of the clerks 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 clerk of superior court of Walker
County on an annual salary, approved January 27,1964 (Ga. L. 1964,
p. 2024), as amended, particularly by an Act approved April 6, 1981
(Ga. L. 1981, p. 3724), is amended by striking from subsection (a) of
Section 4 the figure $50,000.00 and inserting in its place the figure
$55,000.00, so that when so amended said subsection 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
4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 $55,000.00 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 18th day of January, 1982.
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,
LaFayette which is the official organ of Walker County, on the
following dates: Feb. 3,10 & 27,1982.
GEORGIA LAWS 1982 SESSION
4423
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
DADE COUNTY BOARD OF COMMISSIONERS.
No. 1103 (House Bill No. 1810).
AN ACT
To amend an Act creating the office of Dade County commis-
sioner, approved March 9,1959 (Ga. L. 1959, p. 2382), as amended, so
as to change procedures for the sale of surplus county property; to
remove a limitation upon the compensation of personnel of the
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 Dade County commis-
sioner, approved March 9,1959 (Ga. L. 1959, p. 2382), as amended, is
amended by striking Section 8 which reads as follows:
Section 8. It shall be unlawful for the commissioner to sell any
county property, real or personal, which may lawfully be sold, except
by competitive sealed bids, after advertisement for such bids in the
4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Dade County once a week for the two (2) weeks
immediately preceding the date on which such bids must be submit-
ted. Such advertisements shall give a complete description of the
property being offered for sale. Such advertisements shall be given to
the official organ by the commissioner, and shall be paid for from the
funds of Dade County. The highest of such bids submitted must be
accepted. A file of all bids received shall be retained for a period of
two (2) years by the clerk, and shall be open to public inspection at
any time within such two-year period.,
and inserting in its place a new section to read as follows:
Section 8. It shall be unlawful for the commissioner to sell any
county property, real or personal, which may lawfully be sold, except
by competitive sealed bids or public auction, after advertisement for
such bids or advertisement of such auction in the official organ of
Dade County once a week for the two weeks immediately preceding
the date on which such bids must be submitted or the date of the
auction. Such advertisements shall give a complete description of the
property being offered for sale. Such advertisements shall be given to
the official organ by the commissioner and shall be paid for from the
funds of Dade County. The commissioner may reject any or all sealed
bids or bids at auction or may reserve the right to reject such bids. A
file of all bids received shall be retained for a period of two years by
the clerk and shall be open to public inspection at any time within
such two-year period.
Section 2. Said Act is further amended by striking Section 10
which reads as follows:
Section 10. The Commissioner shall have and exercise all the
powers which are vested by law in the judges of the inferior courts and
judges of the probate courts when sitting for county purposes except
that of supplying by appointment all vacancies in county offices and
in ordering elections to fill them, and is hereby expressly given
complete power, authority, and control relative to county matters of
Dade County, which shall include the power and authority to do all
things and perform all acts which are necessary and essential to carry
on the affairs of Dade County. The commissioner is hereby autho-
rized to employ necessary personnel including a county attorney and
a clerk or deputy and fix their compensation to assist in the perfor-
mance of the duties imposed by this Act. However, the expense for
hire of a clerk, deputy, or other clerical help in his office shall not
GEORGIA LAWS 1982 SESSION
4425
exceed $15,000.00 in any calendar year. However, in the event such
clerk or deputy travels outside the county on county business, or
attending schools or training courses related to county business
operations, and such trip involves over 150 miles round trip travel,
and requires overnight stay, such clerk or deputy shall be entitled to
receive 10 cents per mile and $20.00 per diem as additional compensa-
tion upon filing with the commissioners a signed itemized statement
therefor.,
and inserting in its place a new section to read as follows:
Section 10. The commissioner shall have and exercise all the
powers which are vested by law in the judges of the inferior courts and
judges of the probate courts when sitting for county purposes except
that of supplying by appointment all vacancies in county offices and
in ordering elections to fill them and is expressly given complete
power, authority, and control relative to county matters of Dade
County, which shall include the power and authority to do all things
and perform all acts which are necessary and essential to carry on the
affairs of Dade County. The commissioner is authorized to employ
necessary personnel including a county attorney and a clerk or deputy
and fix their compensation to assist in the performance of the duties
imposed by this Act.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill affecting the
compensation of the clerical help of the County Commissioner of
Dade County and further providing for a change in procedures for
disposal of surplus property.
This 8th day of January, 1982.
4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, Trenton
which is the official organ of Dade County, on the following dates:
Jan. 13, 20 & 27,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4427
ACT CREATING SMALL CLAIMS COURTS IN
CERTAIN COUNTIES AMENDED
(19,500 - 19,700) (20,900 - 21,200).
No. 1104 (House Bill No. 1813).
AN ACT
To amend an Act creating a small claims court in each county of
this state having a population of not less than 19,500 and not more
than 19,700 according to the United States decennial census of 1960
or any future such census, approved April 5, 1961 (Ga. L. 1961, p.
3142), as amended by an Act approved February 16, 1962 (Ga. L.
1962, p. 2182), an Act approved March 20,1963 (Ga. L. 1963, p. 2270),
an Act approved April 5, 1971 (Ga. L. 1971, p. 2999), and an Act
approved March 16, 1978 (Ga. L. 1978, p. 3821), 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 creating a small claims court in each county of
this state having a population of not less than 19,500 and not more
than 19,700 according to the United States decennial census of 1960
or any future such census, approved April 5, 1961 (Ga. L. 1961, p.
3142), as amended by an Act approved February 16, 1962 (Ga. L.
1962, p. 2182), an Act approved March 20,1963 (Ga. L. 1963, p. 2270),
an Act approved April 5, 1971 (Ga. L. 1971, p. 2999), and an Act
approved March 16, 1978 (Ga. L. 1978, p. 3821), is amended by
striking Section 1 in its entirety and substituting in lieu thereof a new
Section 1 to read as follows:
Section 1. There is hereby created and established in each
county in this State having a population of not less than 20,900 and
not more than 21,200 according to the United States Census of 1980
or any future such census, a court known as a Small Claims Court,
which court shall have civil jurisdiction in cases at law in which the
demand or value of the property involved does not exceed $1,000.00,
said jurisdiction to be concurrent with the jurisdiction of any other
court or courts now or hereafter established in said counties. Said
jurisdiction shall include the power to issue writs of garnishment and
attachment and, in addition to the powers herein specifically granted,
all the powers granted to justices of peace by laws of the State of
Georgia.
4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
BURKE COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1106 (House Bill No. 1967).
AN ACT
To amend an Act creating the Small Claims Court of Burke
County, approved April 17, 1973 (Ga. L. 1973, p. 3497), as amended,
particularly by an Act approved March 21,1974 (Ga. L. 1974, p. 2352)
and an Act approved April 11, 1979 (Ga. L. 1979, p. 4305), so as to
change provisions relating to the compensation of the judge and fees
and costs charged by the court; 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 Burke
County, approved April 17, 1973 (Ga. L. 1973, p. 3497), as amended,
particularly by an Act approved March 21,1974 (Ga. L. 1974, p. 2352)
and an Act approved April 11,1979 (Ga. L. 1979, p. 4305), is amended
by adding a new Section 5.1 to read as follows:
Section 5.1. If any court of competent jurisdiction prohibits the
fee system of compensating the judge, the county governing authority
shall from time to time fix the salary of the judge and clerk. The total
amount of salaries shall not exceed the total amount of fees received
by the judge in the last full calendar year prior to such prohibition. If,
however, the judge who is in office on the date of such prohibition first
took office during the last full calendar year prior to such prohibition,
GEORGIA LAWS 1982 SESSION
4429
then the maximum total amount of annual salaries shall be computed
by multiplying the amount of fees received by the judge during that
part of that year during which the judge was in office by a fraction the
numerator of which is 365 and the denominator of which is the
number of days during that year during which the judge was in office.
In such event all fees collected by the court shall be paid into the
general fund of the county treasury. Any such salaries shall be paid
from general county funds.
Section 2. Said Act is further amended by replacing subsection
(d) of Section 6 with a new subsection to read as follows:
(d) When served as provided, the actual cost of service shall be
taxable as costs, but shall not exceed $12.50. 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 replacing Section 8
with a new section to read as follows:
Section 8. (a) The plaintiff, when he files his claim, shall
deposit the sum of $15.00 with the court, which shall cover all costs of
the proceeding, except the cost of service of the notice. The deposit of
cost in cases of attachment, garnishment, or trover shall be $15.00. If
a party shall fail to pay any accrued cost, the judge shall have the
power to deny said party the right to file any new case while such costs
remain unpaid, and, likewise, shall have the power to deny such
litigant the right to proceed further in any pending case. The award
of court costs, as between the parties, shall be in the discretion of the
judge, and such costs shall be taxed in the 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.
4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January
Session of the General Assembly of Georgia, a bill to amend the Act
which created a Small Claims Court in and for Burke County
approved April 17,1973 (Georgia Laws 1973, page 3497), as amended;
and for other purposes.
This 19th day of February, 1982.
C. W. Hopper, Jr.
Burke County Administrator
Preston B. Lewis, Jr.
Burke County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
and says that he/she is Representative from the 82nd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the True Citizen which is the official
organ of Burke County, on the following dates: Feb. 24, March 3 and
10,1982.
/s/ John Godbee
Representative,
82nd District
GEORGIA LAWS 1982 SESSION
4431
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
CLAYTON COUNTY MEMBERS OF BOARD OF
EDUCATION, REFERENDUM.
No. 1107 (House Bill No. 1968).
AN ACT
To change the composition of and manner of selection of the
members of the board of education of Clayton County; to fix the
compensation of members of the board; to provide for all related
matters; to provide for a referendum; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The board of education of Clayton County shall
consist of eleven or twelve members, as provided in this Act. Such
members shall be elected by the voters of Clayton County. The
members in office on the effective date of this section shall serve out
the terms for which they were elected, except that if there is a vacancy
in office from prior Education District No. 2 or No. 8 on the effective
date of this section, then such vacancy shall not be filled. If there is
no such vacancy, the board shall by majority vote designate one
member who resides within Education District No. 2, as described in
this Act, to be removed from office.
4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) For purposes of electing members of the board, Clayton
County is divided into six education districts. Each such district shall
consist of the territory and be entitled to the number of members
provided in this subsection:
Education District No. 1:
GMD 1644 (Forest Park); 2 members.
Education District No. 2:
GMD 1446 (Oak) and GMD 1890 (Mountain View); 2 members.
Education District No. 3:
GMD 1088 (Jonesboro); 2 members.
Education District No. 4:
GMD 548 (Riverdale); 2 members.
Education District No. 5:
GMD 1651 (Lovejoy) and GMD 538 (Panhandle); one member
until such time as a high school is completed and opened within the
education district and two members thereafter. Upon the opening of
such a high school, the other members of the board shall appoint a
second member from the education district to serve until the first day
of January after the next general election. At such general election a
successor shall be elected for a term of six years.
Education District No. 6:
GMD 1406 (Ellenwood) and GMD 1189 (Adamson); 2 members.
(c) Each member of the board must be a resident of the district
he represents, but all members shall be elected by the voters of the
Clayton County School District as a whole.
(d) Each member of the board must be of good moral character,
be favorable to the common school system, have at least a fair
knowledge of the elementary branch of an English education, and be
qualified to vote for members of the General Assembly.
GEORGIA LAWS 1982 SESSION
4433
(e) The terms of all members of the board shall be six years. A
successor to each member shall be elected at the general election next
preceding the expiration of the term.
(f) The provisions of this section supersede the provisions form-
erly applying which are set out in the first three undesignated
paragraphs of quoted matter added to the Constitution by an amend-
ment appearing at Ga. Laws 1953, Nov.-Dee. Sess., p. 506.
Section 2. The chairman or president of the board of education
of Clayton County shall receive $150.00 per diem for attending
meetings of the board, and each of the remaining members shall
receive $100.00 per diem for attending meetings of the board. Such
compensation shall be paid from the funds of said board of education.
Section 3. Not less than 30 nor more than 60 days before the
date of the August, 1982, general primary election, it shall be the duty
of the election superintendent of Clayton County to issue the call for
an election for the purpose of submitting this Act to the electors of the
Clayton County School District for approval or rejection. The
superintendent shall set the date of such election for the date of the
August, 1982, general primary election. The superintendent shall
cause the date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the official
organ of Clayton County. The ballot shall have written or printed
thereon the words:
( ) YES Shall the Act changing the compo-
( ) NO sition of the board of education of
Clayton County and fixing the
compensation of members of the
board be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, the provisions of Sections 1 and 2 of this
Act shall immediately become of full force and effect; otherwise
Sections 1 and 2 shall be void and of no force and effect.
The expense of such election shall be borne by Clayton County. It
shall be the duty of the superintendent to hold and conduct such
4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to change the
composition of and manner of selection of the members of the board
of education of Clayton County; to fix the compensation of the
members of the board; to provide for all related matters; to provide
for a referendum; and for other purposes.
This 18th day of February, 1982.
Rudolph Johnson
Representative,
72nd District
State of Georgia.
County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Publisher
of Clayton News Daily, the official legal organ for the county of
Clayton for the publication of official or legal advertisements for said
county, said newspaper published at P. 0. 368, Jonesboro, Georgia,
County of Clayton, State of Georgia, who, being duly sworn, state on
oath that the report of____________a true copy of which is hereto
annexed, was published in said newspaper in its issue of the following
dates: 2/24/82; 3/2/82; 3/9/82.
/s/ William L. Wadkins
Publisher
GEORGIA LAWS 1982 SESSION
4435
Sworn to and subscribed before me this date
/s/ Brenda M. Morgan
Notary Public.
Approved April 12, 1982.
EAST POINT BUSINESS AND DEVELOPMENT
AUTHORITY ACT AMENDED.
No. 1108 (House Bill No. 1971).
AN ACT
To amend an Act providing for the powers and purposes of the
East Point Business and Industrial Development Authority,
approved March 26, 1980 (Ga. L. 1980, p. 4080), so as to clarify the
procedure for appointing certain members of the authority; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the powers and purposes of the
East Point Business and Industrial Development Authority,
approved March 26, 1980 (Ga. L. 1980, p. 4080), is amended by
striking subsection (c) of Section 3 in its entirety and substituting in
lieu thereof a new subsection (c) to read as follows:
(c) Composition and Appointments. The remaining six posi-
tions for membership in the Authority shall be comprised as follows:
Three of the six positions shall be filled through a process of nomina-
tion by the East Point Business and Professional Association, Inc., or
similar organization as designated by the Mayor and Council of East
Point. For each of such vacancies the East Point Business and
Professional Association, Inc., or similar organization as designated
by the Mayor and Council of East Point shall submit two nominees to
4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the City Council of the City of East Point from which said City
Council shall select one of said nominees to serve as a member of the
Authority. In the event the City Council is unsatisfied with both of
the names submitted, it may request the East Point Business and
Professional Association, Inc., or similar organization as designated
by the Mayor and Council of East Point to submit new nominees
repeating the process until a member has been selected. The remain-
ing three positions for membership on the Authority shall be filled by
the aforesaid process of nomination by the Planning and Zoning
Commission. One of said positions shall be filled by submitting two
names from the Planning and Zoning Commission to the Mayor and
Council for selection of one of the members of the Planning and
Zoning Commission as a member of the Authority. Provided that the
member of the Authority appointed as a member of the Planning and
Zoning Commission must, in order to remain qualified as a member of
the Authority, continue throughout the term of membership on the
Authority as a member of the Planning and Zoning Commission. The
remaining two positions shall be filled by the nomination process
through the Planning and Zoning Commission from the citizenry of
the City of East Point. The Mayor of the City of East Point or his
designee shall serve during the term of office for which he was elected.
The Chairman of the Authority shall be selected by a majority of its
members at the first annual meeting of each calendar year. The
members of the Authority shall serve four-year staggered terms as
follows: For the initial membership of the Authority, of the three
positions filled by nominations from the East Point Business and
Professional Association, Inc., or similar organization as designated
by the Mayor and Council of East Point and the Planning and Zoning
Commission of the City of East Point, one position shall be filled for a
one-year term, two positions shall be filled for two-year terms, two
positions shall be filled for three-year terms and one position for a
four-year term. Thereafter, upon completion of a term for appoint-
ment, each successor shall be appointed for a four-year term and until
their successors have been selected and appointed. Any member of
the Authority may be selected and appointed to succeed himself. All
appointments shall be for a term commencing on January 1 and
ending December 31. The members of the Authority shall enter upon
their duties immediately after such appointment. The Authority
shall elect one of its members to serve as Vice Chairman who shall be
elected for a term of one year or until his successor is selected and
qualified and annually thereafter the Authority shall select one of its
members in the same manner for a one-year term. The Authority
shall also select a Secretary-Treasurer which Secretary-Treasurer
GEORGIA LAWS 1982 SESSION
4437
need not necessarily be a member of the Authority and, if not a
member, he or she shall have no voting rights and said Secretary-
Treasurer shall be elected to serve at the pleasure of the Authority.
No member of the Authority shall hold more than one office except
that of Secretary-Treasurer. Four members of the Authority shall
constitute a quorum. A majority of the members shall be empowered
to exercise the rights and perform all the duties of the Authority and
no vacancies on the Authority shall impair the right of the quorum to
act. In the event of a vacancy on the Authority through death,
resignation or otherwise, same shall be filled for the unexpired term of
the member ceasing to be a member of such Authority for any reason
in the same manner that such member originally became a member of
the Authority. The Authority shall make rules and regulations for its
own government. It shall have perpetual existence. In the event the
number of members of the Authority or the qualifications of the
membership or the manner in which the members of the Authority
shall be selected shall ever be the subject of change, the same may be
accomplished by an Act of the General Assembly, except that the
General Assembly may not alter the term of office of any duly
appointed member then serving.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that the City of East Point, Georgia,
intends to apply for the passage of local legislation in the 1982 regular
session of the General Assembly of Georgia, which convened in
January, 1982. The title of the bill or bills to be introduced shall be
entitled as follows:
An Act to amend a resolution proposing an amendment to the
constitution of the State of Georgia so as to create the East Point
Business and Industrial Development Authority (Ga. L. 1975,1705, et
seq. as approved by ratification of the constitutional amendment in
the General Election of 1976), as amended, to amend the powers and
purposes of the authority; to repeal conflicting laws; and for other
purposes.
4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 22nd day of February, 1982.
City of East Point
By: George N. Sparrow, Jr.
Attorney for the City of
East Point and the East
Point Business and Industrial
Development Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Dick Lane who, on oath, deposes and
says that he/she is Representative from the 40th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Fulton County Daily Report which is the official
organ of Fulton County, on the following dates: Feb. 25 & March 4 &
11,1982.
/s/ Dick Lane
Representative,
40th District
Sworn to and subscribed before me,
this 16th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4439
BURKE COUNTY COMPENSATION OF CORONER.
No. 1109 (House Bill No. 1599).
AN ACT
To amend an Act relating to the compensation of the coroner of
Burke County, approved March 5, 1962 (Ga. L. 1962, p. 2882), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3468), so as to provide an expense 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 relating to the compensation of the coroner of
Burke County, approved March 5, 1962 (Ga. L. 1962, p. 2882), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3468), is amended by striking in its entirety Section 1 and
inserting in its place a new Section 1 to read as follows:
Section 1. The coroner of Burke County shall receive a salary of
$250.00 per month to be paid monthly from funds of Burke County.
In addition to said salary the coroner shall receive an expense
allowance of $100.00 per month from funds of Burke County to cover
the ordinary and necessary expenses connected with 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January
1982 session of the General Assembly of Georgia a bill to provide a
change in the compensation of the coroner of Burke County; and for
other purposes.
4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of January, 1982.
C. W. Hopper, Jr.
Burke County Administrator
Preston B. Lewis, Jr.
P. 0. Box 88
Waynesboro, Georgia 30830
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Emory E. Bargeron who, on oath,
deposes and says that he/she is Representative from the 83rd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the True Citizen which is the official
organ of Burke County, on the following dates: Jan. 20, 27, 1982 &
Feb. 3,1982.
/s/ Emory E. Bargeron
Representative,
83rd District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4441
NEWTON COUNTY JURISDICTION OF
PROBATE COURT.
No. 1110 (House Bill No. 1622).
AN ACT
To grant to the Newton County probate court jurisdiction over
violations of ordinances of Newton County; to provide for a prose-
cuting attorney and for practices and procedures; to provide for fees;
to provide for appeals; 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. (a) The probate court of Newton County shall have
jurisdiction to hear and determine violations of all ordinances of
Newton County.
(b) The court shall have the power to require the posting of cash
and surety bonds for appearance and to forfeit such bonds for no
appearance.
(c) The court shall have the power to punish violations of county
ordinances according to the maximum punishment described in each
ordinance; but no fine shall exceed $200.00 and no imprisonment
shall exceed 30 days for any single offense.
(d) The court shall have the power to punish contempts by fine
not exceeding $200.00 or by imprisonment not exceeding 10 days or
both.
Section 2. Prosecutions for violations of county ordinances shall
be upon accusation by the county attorney or such other attorney as
the county governing authority may designate; and such attorney
shall be the prosecuting attorney.
Section 3. Execution may issue immediately upon any fine
imposed by the court and not immediately paid.
Section 4. In each case of conviction, the costs assessable shall be
$10.00 which together with any fines shall be paid into the county
treasury.
4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. Accusations of violations of county ordinances shall
be personally served upon the person accused. Each accusation shall
state the time and place at which the accused is to appear for trial. No
person shall be arrested prior to the time of trial; but any defendant
who fails to appear for trial shall be arrested thereafter on the warrant
of the probate judge and required to post a bond for his future
appearance.
Section 6. The sheriff of Newton County shall serve accusations
and execute arrest warrants and executions on fines in connection
with this Act and shall receive and house all persons sentenced to
confinement for contempt or violation of county ordinances.
Section 7. Review of convictions shall be by certiorari to the
superior court as provided by general law.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to vest jurisdiction
of cases involving violation of county ordinances of Newton County in
the Probate Court of Newton County; to provide for all related
matters; and for other purposes.
This 20 day of January, 1982.
Denny Dobbs
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
GEORGIA LAWS 1982 SESSION
4443
Legislation was published in the Covington News which is the official
organ of Newton County, on the following dates: Jan. 20, 27, 1982 &
Feb. 3,1982.
/s/ Denny Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TERRELL COUNTY TAX COMMISSIONERS
COMPENSATION.
No. 1111 (House Bill No. 1623).
AN ACT
To amend an Act consolidating the offices and duties of tax
receiver and tax collector of Terrell County into the single office of
tax commissioner of Terrell County, approved March 13,1957 (Ga. L.
1957, p. 3337), as amended by an Act approved January 23,1967 (Ga.
L. 1967, p. 2003), 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:
4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act consolidating the offices and duties of tax
receiver and tax collector of Terrell County into the single office of
tax commissioner of Terrell County, approved March 13,1957 (Ga. L.
1957, p. 3337), as amended by an Act approved January 23,1967 (Ga.
L. 1967, p. 2003), is amended by striking the first sentence of Section
9 of said Act in its entirety and inserting in lieu thereof a new first
sentence to read as follows:
The tax commissioner of Terrell County shall receive for his
services a salary of $15,980.00 per annum, payable in equal monthly
installments from the funds of Terrell County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
act consolidating the offices and duties of Tax Receiver and Tax
Collector of Terrell County into the single office of Tax Commissioner
of Terrell County, approved March 13, 1957 (Ga. L. 1957, p. 3337);
and for other purposes.
This 25th day of January, 1982.
Terrell County
Board of Commissioners
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: Jan. 28,1982 & Feb.
4,11,1982.
GEORGIA LAWS 1982 SESSION
4445
/s/ Bob Hanner
Representative,
130th District
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF PORT WENTWORTH CORPORATE
LIMITS.
No. 1112 (House Bill No. 1624).
AN ACT
To amend an Act incorporating the City of Port Wentworth,
approved February 6,1957 (Ga. L. 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. L. 1957, p. 2003), as amended, is
amended by adding at the end of Section 2 of said Act the following:
The corporate limits of the City of Port Wentworth are hereby
extended beyond their present boundaries so as to include, in addi-
tion to the areas now embraced within the corporate limits of the City
4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Port Wentworth, all of the area and territory embraced and lying
within the following described territory, to wit:
Commencing at a point where the Northern City Limits of Port
Wentworth on Piedmont Avenue (old Richmond Road) intersects
with a point on the eastern right-of-way line of U. S. Highway 1-95,
and continuing in a northerly direction along the eastern right-of-way
line of 1-95 to a point on the Effingham County line; thence in a
northwesterly direction along said county line to a point on the
northern right-of-way line of 1-95; thence in a westerly direction along
the northern right-of-way of 1-95 to a point where Piedmont Avenue
(Old Richmond Road) intersects with the northern right-of-way line
of 1-95.
Commencing at a point on St. Augustine Creek where the City
Limits of Port Wentworth, Chatham County, Georgia, intersects with
the eastern right-of-way line of the Savannah Electric and Power
Companys transmission lines, thence continuing in a northerly direc-
tion along the right-of-way until it intersects with a point 500 feet
north of Old Georgia Highway 30, said point being the present limits
of Port Wentworth.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that application will be made at the 1982
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 annexing and for other purposes.
James L. Brown
Mayor
GEORGIA LAWS 1982 SESSION
4447
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: Dec. 22 &
29,1981 & Jan. 5,1982.
/s/ Tom Triplett
Representative,
128th District
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PERRY REDEVELOPMENT AUTHORITY
ACT REPEALED.
No. 1113 (House Bill No. 1626).
AN ACT
To repeal an Act creating the Perry Redevelopment Authority,
approved April 17,1975 (Ga. L. 1975, p. 2902), as amended by an Act
approved February 28,1979 (Ga. L. 1979, p. 3058); to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Perry Redevelopment Author-
ity, approved April 17,1975 (Ga. L. 1975, p. 2902), as amended by an
Act approved February 28,1979 (Ga. L. 1979, p. 3058), is repealed in
its entirety.
S ection 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regu-
lar 1982 session of the General Assembly of Georgia, a bill to repeal
an Act.
GEORGIA LAWS 1982 SESSION
4449
creating the Perry Redevelopment Authority, approved April 17,
1975 (Ga. L. 1975, p. 2902), as amended; and for other purposes.
This 11th day of January, 1982.
Larry Walker
Representative,
115th District
Georgia, Houston County.
Personally appeared before me this date, Jim Kerce, publisher of
The Houston Home Journal, Perry, Ga., the Official Organ of
Houston County, Georgia, who certifies that the Legal Notice, Perry
Redevelopment Authority was published in The Houston Home
Journal on the following dates: January 21,28, February 4,1982.
This 9 day of February, 1982.
/s/ Jim Kerce
Publisher,
Houston Home Journal
Perry, Georgia
Sworn to and subscribed before me,
this 9 day of February, 1982.
/s/ Emily A. Montgomery
Notary Public, Houston County.
My Commission Expires Aug. 23, 1985.
(Seal).
Approved April 12, 1982.
4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JENKINS COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1114 (House Bill No. 1629).
AN ACT
To amend an Act creating and establishing a small claims court in
and for Jenkins County, approved March 5, 1976 (Ga. L. 1976, p.
2786), as amended, so as to change the fee for filing a claim or action
in said court; to provide that a certain portion of the filing fees shall
be remitted to the county to defray the operational expenses 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 and establishing a small claims court
in and for Jenkins County, approved March 5, 1976 (Ga. L. 1976, p.
2786), as amended, is amended by striking Section 5 in its entirety
and inserting in lieu thereof a new Section 5 to read as follows:
Section 5. All fees collected by the judge, as herein authorized,
shall be retained by him as his sole remuneration except that $5.00 of
each claim or process filed in said court shall be remitted to the
county to defray the operational expenses of the court.
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. (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.
GEORGIA LAWS 1982 SESSION
4451
(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 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
repealed.
Notice of Intent.
Notice is hereby given of intent to introduce legislation in the
General Assembly of Georgia for the purpose of increasing filing fees
in the Small Claims Court of Jenkins County and for other purposes.
Said legislation is necessary in order to provide for office supplies
and services needed and supplied by this Court.
Boards of Roads and
Revenues of Jenkins
County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Randolph C. Karrh who, on oath,
deposes and says that he/she is Representative from the 106th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Millen News which is the
4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Jenkins County, on the following dates: Jan. 28,1982
& Feb. 4 & 11,1982.
/s/ Randolph C. Karrh
Representative,
106th District
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MOUNTVILLE WATER AUTHORITY ACT.
No. 1115 (House Bill No. 1635).
AN ACT
To create the Mountville Water Authority and to authorize such
authority to acquire, construct, operate, and maintain self-liquidating
projects embracing sources of water supply and the distribution and
sale of water and related facilities to individuals, private and public
concerns, and commercial and industrial establishments; to confer
power and impose duties on the authority; to define certain terms; to
provide for the membership and for the appointment of members of
the authority and their term of tenure and compensation; to authorize
the authority to contract with others pertaining to the water utilities
and facilities and to execute leases and do all things deemed necessary
or convenient for the operation of such undertakings or projects; to
GEORGIA LAWS 1982 SESSION
4453
authorize the issuance of revenue bonds or certificates of the author-
ity payable from revenues, tolls, fees, charges, and earnings of the
authority and to pay the cost of such undertaking or projects and
authorize the collection and pledging of the revenues and earnings of
the authority for the payment of such bonds or certificates and to
authorize the execution of trust indentures to secure the payment
thereof and to define the rights of the holders of such obligations; to
provide that no debt of Troup County shall be incurred in the exercise
of any of the powers granted by this Act; to make the bonds or
certificates of the authority exempt from taxation; to provide for the
authority to condemn property of in accordance with law; to authorize
the issuance of refunding bonds or certificates; to fix the venue or
jurisdiction of actions relating to any provisions of this Act; to provide
that such bonds or certificates be validated; to provide for sever-
ability; to provide for the construction of this Act; 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. Mountville Water Authority Act. This Act may be
cited as the Mountville Water Authority Act.
Section 2. The Mountville Water Authority, (a) There is hereby
created a body corporate and politic to be known as the Mountville
Water Authority which shall be deemed to be a political subdivision
of the State of Georgia and a public corporation and by that name,
title, and style said body may contract and be contracted with, sue
and be sued, implead and be impleaded, complain and defend in all
courts of law and equity.
(b) The authority shall consist of five members. The members
of the authority shall be appointed by the Board of Commissioners of
Troup County and such members shall serve a term of four years from
the date of their appointment and until their successors are
appointed and qualified. Immediately after their appointments, the
members of the authority shall enter upon their duties. They shall
elect from among their members a chairman and a vice-chairman and
may also elect a secretary and treasurer who need not necessarily be a
member of the authority. A majority of the members of the authority
shall constitute a quorum. No vacancy on the authority shall impair
the right of the quorum to exercise all of the rights and duties of the
authority.
4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The members of the authority shall be entitled to no compen-
sation for their services but all members shall be reimbursed for their
actual expenses necessarily incurred in the performance of their
duties.
(d) The authority shall make rules and regulations for its own
government, and the authority shall have perpetual existence.
Section 3. Definitions. As used in this Act, the following words
and terms shall have the following meanings:
(1) The word authority shall mean the Mountville Water
Authority created by Section 2 of this Act.
(2) The word project shall be deemed to mean and
include the acquisition and construction of all necessary and usual
water facilities useful and necessary for the obtaining of one or
more sources of water supply, the treatment of water and the
distribution and sale of water to users and consumers and the
operation, maintenance, additions, improvements, and extensions
of such facilities so as to assure an adequate water utility system
deemed by the authority necessary or convenient for the efficient
operation of such type of undertaking.
(3) The term cost of the project shall embrace the cost of
construction, the cost of all lands, properties, rights, easements,
and franchises acquired, the cost of all machinery and equipment,
financing charges, interest prior to and during construction, and
for one year after completion of construction, cost of engineering,
architectural and legal expenses, and of plans and specifications,
and other expenses necessary or incident to determining the
feasibility or practicability of the project, administrative expense,
and such other expenses as may be necessary or incident to the
financing herein authorized, the construction of any project, the
placing of the same in operation, and the condemnation of 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) The terms revenue bonds and bonds as used in this
Act shall mean revenue certificates as defined and provided for in
GEORGIA LAWS 1982 SESSION
4455
Chapter 82 of Title 36 of the Official Code of Georgia Annotated,
as may be now or hereafter amended, and such type of obligations
may be issued by the authority as authorized under said chapter
and in addition shall also mean obligations of the authority, the
issuance of which are hereinafter specifically provided for in this
Act.
(5) Any project shall be deemed self-liquidating if, in the
judgment of the authority, the revenues and earnings to be
derived by the authority therefrom will be sufficient to pay the
cost of operating, maintaining and repairing, improving, and
extending the project and to pay the principal and interest of the
revenue bonds which may be issued for the cost of such project or
projects.
(6) Mountville Community shall consist of Land Lots 182,
183,184, 201, 202, 203, 214, 215, 216, 233, 234, 246, 247, and 248 in
Troup County, Georgia.
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, 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 action or proceedings as may be just to
the authority and to the owners of the property to be condemned;
and no property shall be acquired under the provisions of this Act
4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
upon which any lien or other encumbrance exists unless at the
time such property is so acquired a sufficient sum of money is
deposited in trust to pay and redeem the fair value of such lien or
encumbrance;
(4) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural and construction
experts, fiscal agents, and attorneys, and to fix their respective
compensations;
(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 erected or acquired, and
without limiting the generality of the above, authority is specifi-
cally granted the authority to enter into contracts, lease agree-
ments, or other undertakings relative to the furnishing of water
and related services and facilities to municipal corporations and
counties for a term not exceeding 50 years;
(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 from the State of
Georgia or the United States of America or any agency or instru-
mentality thereof;
(7) To accept loans or grants of money or materials or
property of any kind from the State of Georgia or the United
States of America or any agency or instrumentality thereof,
including the Farmers Home Administration, upon such terms
and conditions as the United States of America or such agency or
instrumentality, including the Farmers Home Administration
may impose;
(8) To borrow money for any of its corporate purposes and
to issue negotiable revenue bonds payable solely from funds
pledged for that purpose and to provide for the payment of the
same and for the rights of the holders thereof;
(9) To exercise any power usually possessed by private
corporations performing similar functions which is not in conflict
with the Constitution and laws of this state; and
GEORGIA LAWS 1982 SESSION
4457
(10) To do all things necessary or convenient to carry out the
powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or
body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall
have power and is authorized at one time, or from time to time, to
provide by resolution for the issuance of negotiable revenue bonds, in
a sum not to exceed $250,000.00 outstanding at any one time of the
authority for the purpose of paying all or any part of the cost as herein
defined of any one or more project. The principal and interest of such
revenue bonds shall be payable solely from the special funds herein
provided for such payment. The bonds of each issue shall be dated,
shall bear interest at such rate or rates not exceeding the rate
permitted by law, payable semiannually, shall mature at such time or
times not exceeding 30 years from their date or dates, shall be payable
in such medium of payment as to both principal and interest as may
be determined by the authority and may be redeemable before
maturity, at the option of the authority, at such price or prices and
under such terms and conditions as may be fixed by the authority in
the resolution providing for the issuance of the bonds.
Section 6. Same; form; denominations; registration; place of
payment. The authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of payment of principal and interest thereof, which may be at
any bank or trust company within or without the state. The bonds
may be issued in coupon or registered form, or both, as the authority
may determine; provision may be made for the registration of any
coupon bond as to principal alone and also as to both the principal
and interest.
Section 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 he had remained in office until
such delivery. All such bonds shall be signed by the chairman of the
authority and the official seal of the authority shall be affixed thereto
and attested by the secretary of the authority and any coupons
attached thereto shall bear the signature or facsimile signature of the
chairman of the authority. Any coupon may bear the facsimile
4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
signature of such person and any bond may be signed, sealed, and
attested on behalf of the authority by such person as at the actual
time of the execution of such bonds shall be duly authorized or hold
the proper office although at the date of such bonds such person may
not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All
revenue bonds, issued under the provisions of this Act, shall have and
are declared to have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state. Such
bonds and the income thereof shall be exempt from all taxation
within the state.
Section 9. Same; sale; price. The authority may sell such bonds
in such manner and for such price as it may determine to be for the
best interests of the authority but no such sale shall be made at a price
so low as to require the payment of interest on the money received
therefor at more than the rate permitted by law per annum computed
with relation to the absolute maturity of the bonds in accordance with
standard tables of bond values, excluding, however, from such com-
putation the amount of any premium to be paid on redemption of any
bond prior to maturity.
Section 10. Same; proceeds of bonds. The proceeds of such
bonds shall be used solely for the payment of the cost of the project or
projects and, unless otherwise provided in the resolution authorizing
the issuance of the bonds or in the trust indenture, additional bonds
may in like manner be issued to provide the amount of such deficit
which unless otherwise provided in the resolution authorizing the
issuance of the bonds or in the trust indenture shall be deemed to be
of the same issue and shall be entitled to payment from the same fund
without preference or priority of the bonds first issued for the same
purpose. If the proceeds of the bonds of any issue shall exceed the
amount required for the purpose for which such bonds are issued, the
surplus shall be paid into the fund hereinbefore provided for the
payment of principal and interest of such bonds.
Section 11. Same; interim receipts and certificates or temporary
bonds. Prior to the preparation of definitive bonds, the authority
may, under like restrictions, issue interim receipts, interim certifi-
cates, or temporary bonds with or without coupons exchangeable for
definitive bonds upon the issuance of the latter.
GEORGIA LAWS 1982 SESSION
4459
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. 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 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 or adjourned meeting of the
authority by a majority of its members.
Section 14. Credit not pledged. Revenue bonds issued under
the provisions of this Act shall not be deemed to constitute a debt of
Troup County or any municipality located therein, or a pledge of the
faith and credit of such subdivisions, but such bonds shall be payable
solely from the fund hereinafter provided for and the issuance of such
revenue bonds shall not directly, indirectly, or contingently obligate
either the said county or cities to levy or to pledge any form of
taxation whatever therefor or to make any appropriation for the
payment, and all such bonds shall contain recitals on their face
covering substantially the foregoing provisions of this section.
Section 15. Same; trust indenture as security. In the discretion
of the authority any 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 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 moneys and may also
provide that any project shall be constructed and paid for under the
supervision and approval of consulting engineers or architects
4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 bond 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 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 16. Same; to whom proceeds of bonds shall be paid. The
authority shall, in the resolution providing for the issuance of revenue
bonds or in the trust indenture, provide for the payment of the
proceeds of the sale of the bonds to any officer or person who or any
agency, bank, or trust company which shall act as trustee of such
funds and shall hold and apply the same to the purposes hereof,
subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 17. Same; sinking fund. The revenues, fees, tolls, and
earnings derived from any particular project or projects, regardless of
whether or not such fees, earnings, and revenues were produced by a
particular project for which bonds have been issued unless otherwise
pledged and allocated, may be pledged and allocated by the authority
to the payment of the principal and interest on revenue bonds of the
authority as the resolution authorizing the issuance of the bonds or in
the trust instrument may provide; and such funds so pledged from
whatever source received, which said pledge may include funds
received from one or more or all sources, shall be set aside at regular
intervals, as may be provided in the resolution or trust indenture, into
a sinking fund, which said sinking fund shall be pledged to and
charged with the payments of (1) the interest upon such revenue
bonds as such interest shall fall due, (2) the principal of the bonds as
the same shall fall due, (3) the necessary charges of paying agents for
GEORGIA LAWS 1982 SESSION
4461
paying principal and interest, and (4) any premium upon bonds
retired by call or purchase as hereinabove provided. The use and
disposition of such sinking fund shall be subject to such regulation 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 funds
shall be a fund for the benefit of all revenue bonds without distinction
or priority of one over another. Subject to the provisions of the
resolution authorizing the issuance of the bonds or in the trust
indenture, surplus moneys in the sinking fund may be applied to the
purchase or redemption of bonds and any such bonds so purchased or
redeemed shall forthwith be canceled and shall not again be issued.
Section 18. Same; remedies of bondholders. Any holder of
revenue bonds issued under the provisions of this Act or any of the
coupons appertaining thereto and the trustee under the trust 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 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 authorized
to provide by resolution for the issuance 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 refund-
ing 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 action
against such authority shall be brought in the Superior Court of
Troup County, Georgia, and any action pertaining to validation of
any bonds issued under the provisions of this Act shall likewise be
4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Certificate of Law of 1937, as amended.
Section 22. Same; interests of bondholders protected. While
any of the bonds issued by the authority remain outstanding, the
powers, duties, or existence of said authority or of its officers,
employees, or agents shall not be diminished or impaired in any
manner that will affect adversely the interests and rights of the
holders of such bonds; and no other entity, department, agency, or
authority will be created which will compete with the authority to
such an extent as to affect adversely the interests and rights of the
holders of such bonds, nor will the state itself so compete with the
authority. The provisions of this Act shall be for the benefit of the
authority and the holders of any such bonds and, upon the issuance of
bonds under the provisions hereof, shall constitute a contract with the
holders of such bonds.
Section 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 grants or other contributions, or as
revenues, fees, and earnings shall be deemed to be trust funds to be
held and applied solely as provided in this Act.
Section 24. Purpose of the authority. Without limiting the
generality of any provisions of this Act, the general purpose of the
authority is declared to be that of acquiring an adequate source or
sources of water supply, treatment of such water, and thereafter the
distribution of same to the Mountville water system; but such general
purpose shall not restrict the authority from selling and delivering
water direct to consumers in those areas where there does not now
exist water distribution systems and where neither any county nor
municipality deems it desirable or feasible to furnish water in such
locality.
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-
GEORGIA LAWS 1982 SESSION
4463
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 utility
system, and to pledge to the punctual payment of said bonds and
interest thereon all or any part of the revenues of such undertaking or
project, including the revenues of improvements, betterments, or
extensions thereto thereafter made.
Section 26. Rules and regulations for operation of projects. It
shall be the duty of the authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act, including the basis on which water service and
facilities shall be furnished.
Section 27. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to provide an additional
and alternative method for the doing of the things authorized thereby
and shall be regarded as supplemental and additional to powers
conferred by other laws and shall not be regarded as in derogation of
any powers now existing.
Section 28. Liberal construction of the Act. This Act being for
the welfare of the inhabitants of the community of Mountville shall
be liberally construed to effect the purposes hereof.
Section 29. Effect of partial invalidity of the Act. The provi-
sions 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 30. Authority of Troup County and certain municipali-
ties not impaired. This Act does not in any way take from Troup
County or any municipality located therein or any adjoining county
the authority to own, operate, and maintain water systems or to issue
revenue certificates as provided by law.
Section 31. All laws and parts of laws in conflict with this Act
are repealed.
4464 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
1982 Session of the General Assembly of Georgia, a bill to create the
Mountville Water Authority so as to authorize the Mountville Water
Authority to accept grants, to issue revenue bonds secured by the
revenue generated from the water system and to operate said water
system and for other purposes.
This the 18th day of January, 1982.
Marie Thrash
President
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Crawford Ware who, on oath,
deposes and says that he/she is Representative from the 68th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the LaGrange Daily News which is the
official organ of Troup County, on the following dates: January 22,29
and February 5,1982.
/s/ J. Crawford Ware
Representative,
68th District
Sworn to and subscribed before me,
this 17th day of February, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
A?proved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4465
BOARDS OF ELECTIONS CREATED IN
CERTAIN COUNTIES (11,675 - 11,725).
No. 1116 (House Bill No. 1640).
AN ACT
To provide for a board of elections in each county of this state
having a population of not less than 11,675 nor more than 11,725
according to the United States decennial census of 1980 or any future
such census; to define its powers and duties concerning primaries and
elections; to provide a method for appointment, resignation and
removal of its members; to provide for qualifications and terms of its
members; to provide for a chairman, clerical assistants and other
employees; to provide for compensation for such persons and the
members of the board; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created in each county in this State
having a population of not less than 11,675 nor more than 11,725
according to the United States decennial census of 1980 or any such
future census a board of elections which shall have jurisdiction over
the conduct of primaries and elections in such county.
Section 2. The board of elections in each such county shall be
composed of three members, each of whom shall be an elector and
resident of the county, and who shall be appointed as hereinafter
provided. One member of the board of elections shall be appointed by
the political party which received the highest number of votes within
the county for its candidate for Governor in the general election
immediately preceding the appointment of the member, and one
member of the board of elections shall be appointed by the political
party which received the second highest number of votes within the
county for its candidate for Governor in the general election immedi-
4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ately preceding the appointment of the member. Each of the above
appointments shall be made as follows: the member shall be nomi-
nated by the chairman and ratified by the county executive commit-
tee of each of the above designated political parties at least 30 days
before the beginning of the term of office or within 30 days after the
creation of vacancy in the office. The remaining member of the board
shall be selected by the county governing authority. In making the
initial appointments to the board, the member selected by the
governing authority shall be appointed for a term beginning on April
1, 1982, and ending on December 31, 1983, and until his successor is
duly appointed and qualified and the remaining two members shall
be appointed for initial terms beginning on April 1, 1982, and ending
on December 31, 1985, and until their successors are duly appointed
and qualified. Thereafter, successors shall be appointed for terms of
four years and until their successors are duly appointed and qualified.
Terms of office shall begin on the first day of January following the
expiration of the immediately preceding term of office. The board
shall select one of their members to serve as chairman at the pleasure
of the board.
Section 3. No person who holds elective public office shall be
eligible to serve as a member during the term of such elective office,
and the position of any member shall be deemed vacant upon such
member qualifying as a candidate for elective public office.
Section 4. Certification of the appointment of each member
shall be made by the governing authority of the county filing an
affidavit with the clerk of the superior court, no later than 15 days
preceding the date at which such member is to take office, stating the
name and residential address of the person appointed and certifying
that such member has been duly appointed as provided in this Act.
The clerk of the superior court shall record each of such certifications
on the minutes of the court and shall certify the name of each such
appointed member to the Secretary of State and provide for the
issuance of appropriate commissions to the members, within the same
time and in the same manner as provided by law for registrars.
Section 5. Each member of the board shall be eligible to succeed
himself and shall have the right to resign at any time by giving written
notice of his resignation to the appointing body and to the clerk of the
superior court, and shall be subject to removal from the board at any
time, for cause after notice and hearing, in the same manner and by
the same authority as provided for removal of registrars.
GEORGIA LAWS 1982 SESSION
4467
Section 6. In the event a vacancy occurs in the office of any
appointed member before the expiration of his term, by removal,
death, resignation, or otherwise, the original appointing body shall
appoint a successor to serve the remainder of the unexpired term as
provided for in Section 2. The clerk of the superior court shall be
notified of interim appointments and record and certify such
appointments in the same manner as the regular appointment of
members.
Section 7. Before entering upon their duties, the members shall
take substantially the same oath as required by law for registrars and
shall have the same privileges from arrest.
Section 8. The board of elections shall:
(a) With regard to the preparation for, conduct and 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. (Chapter 2 of Title 21 of the Official Code of
Georgia Annotated on and after November 1,1982.)
(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. (Chapter 2 of Title 21 of the Official Code of Georgia
Annotated on and after November 1,1982.)
Section 9. The board shall be responsible for the selection,
appointment and training of poll workers in elections and such
workers shall be appointed, insofar as practicable, from lists provided
the board by the county executive committee of each political party.
Section 10. Upon the effective date of this Act, the judge of the
probate court shall be relieved from all powers and duties to which
the board of elections succeeds by the provisions of this Act and shall
deliver thereafter to the chairman of the board, upon his written
request, the custody of all equipment, supplies, materials, books,
papers, records and facilities of every kind pertaining to such powers
and duties.
Section 11. The chairman of the board of elections shall be the
chief executive officer of the board of elections and shall generally
4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
supervise, direct and control the administration of the affairs of the
board of elections pursuant to law and duly adopted resolutions of the
board of elections. The board of elections shall fix and establish by
appropriate resolution entered on its minutes, directives governing
the execution of matters within its jurisdiction.
Section 12. Compensation for the members of the board of
elections, clerical assistants and other employees shall be such as may
be fixed by the governing authority of the county. Said compensation
shall be paid wholly from county funds.
Section 13. The governing authority of the county shall provide
the board with such proper and suitable offices and with such clerical
assistants and other employees as the governing authority shall deem
appropriate.
Section 14. The words election, elector, political party,
primary, public office, special election, and special primary
shall have the same meaning ascribed to those words by Code Section
34-103, as amended, unless otherwise clearly apparent from the text
of this Act. (Code Section 21-2-2 of the Official Code of Georgia
Annotated on and after November 1,1982.)
Section 15. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 16. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
4469
LAURENS COUNTY COMPENSATION OF
SHERIFF.
No. 1117 (House Bill No. 1644).
AN ACT
To amend an Act placing the sheriff of Laurens County upon
annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072),
amended, particularly by an Act approved March 21, 1969 (Ga.
1969, p. 2257), and an Act approved January 26,1973 (Ga. L. 1973,
3939), so as to change the compensation of the sheriff; to provide
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 Laurens County upon
annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072),
amended, particularly by an Act approved March 21, 1969 (Ga.
1969, p. 2257), and an Act approved January 26,1973 (Ga. L. 1973, p.
3939), is amended by striking from the first paragraph of Section 3
the following:
$15,000.00,
and inserting in its place the following:
$23,650.00,
so that when so amended the first paragraph of Section 3 shall read as
follows:
The sheriff of the superior court shall be paid a salary of
$23,650.00 per year 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
repealed.
rg g g v rg
4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legal Ad.
Notice is hereby given that there will be introduced in the 1982
regular session of the General Assembly of Georgia, a bill to alter the
compensation of the Sheriff of Laurens County, Georgia, 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
organ of Laurens County, on the following dates: Jan. 16, 23 & 30,
1982.
/s/ J. Roy Rowland
Representative,
119th District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4471
CLAYTON COUNTY COMPENSATION OF TAX
COMMISSIONER, ETC.
No. 1118 (House Bill No. 1646).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and
Tax Collector of Clayton County into the office of Tax Commissioner,
approved August 18,1925 (Ga. L. 1925, p. 600), as amended, particu-
larly by an Act approved April 6,1981 (Ga. L. 1981, p. 3899), so as to
change the provisions relative to the compensation of the tax commis-
sioner; to change the provisions relative to the compensation of the
deputy tax commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of Tax Receiver and
Tax Collector of Clayton County into the office of Tax Commissioner,
approved August 18,1925 (Ga. L. 1925, p. 600), as amended, particu-
larly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3899), is
amended by striking from subsection (b) of Section 7 the following:
$27,515.00,
and inserting in lieu thereof the following:
$29,305.00,
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 $29,305.00 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:
$18,725.00,
and inserting in lieu thereof the following:
4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$21,500.00,
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 $21,500.00 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill 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; and for other
purposes.
This 28th day of December, 1981.
Rudolph Johnson
The Clayton County
Legislative Delegation
State of Georgia.
County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Publisher
GEORGIA LAWS 1982 SESSION
4473
of Clayton News Daily, the official legal organ for the County of
Clayton for the publication of official or legal advertisements for said
county, said newspaper published at P.O. 368, Jonesboro, Georgia,
County of Clayton, State of Georgia, who, being duly sworn, state on
oath that the report, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates: 1/5/82;
1/12/82; 1/19/82.
/s/ William L. Wadkins
Publisher
Sworn to and subscribe before me,
this date 2/17/82.
/s/ Brenda M. Morgan
Notary Public, Georgia State at Large.
My Commission Expires June 8, 1982.
(Seal).
Approved April 12, 1982.
CLAYTON COUNTY COMPENSATION OF
CHAIRMAN OF BOARD OF COMMISSIONERS.
No. 1119 (House Bill No. 1647).
AN ACT
To amend an Act creating the Board of Commissioners of Clayton
County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as
amended, particularly by an Act approved April 16,1981 (Ga. L. 1981,
p. 3904), so as to change the provisions relative to the compensation of
the Chairman; to provide an effective date; to repeal conflicting laws;
and for other purposes.
4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Clayton County, approved February 8,1955 (Ga. L. 1955, p. 2064), as
amended, particularly by an Act approved April 16,1981 (Ga. L. 1981,
p. 3904), is amended by striking from Section 7 the following:
$38,500.00,
and inserting in lieu thereof the following:
$41,003.00,
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 $41,003.00 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.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4475
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
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 28th day of December, 1981.
Rudolph Johnson
The Clayton County
Legislative Delegation
State of Georgia.
County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Publisher
of Clayton News Daily, the official legal organ for the County of
Clayton for the publication of official or legal advertisements for said
county, said newspaper published at P.O. 368, Jonesboro, Georgia,
County of Clayton, State of Georgia, who, being duly sworn, state on
oath that the report, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates: 1/5/82;
1/12/82; 1/19/82.
/s/ William L. Wadkins
Publisher
Sworn to and subscribe before me,
this date 2/17/82.
4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Brenda M. Morgan
Notary Public, Georgia State at Large.
My Commission Expires June 8, 1982.
(Seal).
Approved April 12, 1982.
CLAYTON COUNTY COMPENSATION OF
JUDGE OF PROBATE COURT.
No. 1120 (House Bill No. 1649).
AN ACT
To amend an Act placing the Judge of the Probate Court of
Clayton County on an annual salary, approved February 7,1950 (Ga.
L. 1950, p. 2068), as amended, particularly by an Act approved April
6,1981 (Ga. L. 1981, p. 3897), 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.
L. 1950, p. 2068), as amended, particularly by an Act approved April
6, 1981 (Ga. L. 1981, p. 3897), is amended by striking from Section 1
the following:
$27,515.00,
and inserting in lieu thereof the following:
$29,305.00,
so that when so amended Section 1 shall read as follows:
GEORGIA LAWS 1982 SESSION
4477
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 $29,305.00 per annum,
payable monthly by the governing authority out of funds of the
county. All funds collected from any source under color of said office
shall be county funds, except the salary herein named.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
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 28th day of December, 1981.
Rudolph Johnson
The Clayton County
Legislative Delegation
State of Georgia.
County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Publisher
of Clayton News Daily, the official legal organ for the County of
Clayton for the publication of official or legal advertisements for said
4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county, said newspaper published at P.O. 368, Jonesboro, Georgia,
County of Clayton, State of Georgia, who, being duly sworn, state on
oath that the report, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates: 1/5/82;
1/12/82; 1/19/82.
/s/ William L. Wadkins
Publisher
Sworn to and subscribe before me,
this date 2/17/82.
/s/ Brenda M. Morgan
Notary Public, Georgia State at Large.
My Commission Expires June 8, 1982.
(Seal).
Approved April 12, 1982.
CLAYTON COUNTY COMPENSATION OF
SHERIFF AND CLERK OF SUPERIOR COURT.
No. 1121 (House Bill No. 1650).
AN ACT
To amend an Act placing the Sheriff and Clerk of the Superior
Court of Clayton County on an annual salary, approved February 25,
1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act
approved March 25, 1980 (Ga. L. 1980, p. 3887) and by an Act
approved April 6, 1981 (Ga. L. 1981, p. 3902), so as to change the
compensation of said officers; to change the compensation of the
deputy clerk of the superior court; to provide an effective date; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
4479
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff and Clerk of the Superior
Court of Clayton County on an annual salary, approved February 25,
1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act
approved March 25, 1980 (Ga. L. 1980, p. 3887) and by an Act
approved April 6,1981 (Ga. L. 1981, p. 3902), is amended by striking
from Section 1 the following:
$27,515.00,
and inserting in lieu thereof the following:
$29,305.00,
so that when so amended Section 1 shall read as follows:
Section 1. The salaries for the officers herein named shall be
their full and complete salary, and all fees or other emoluments now
allowed, or hereafter allowed by any authority of law, shall, except as
herein otherwise provided, be construed to be county funds and
accountable for as such. The sheriff and the clerk of the superior court
shall each receive a salary of $29,305.00 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. Said Act is further amended by striking from subsec-
tion (b) of Section 1A the following:
$17,500.00,
and inserting in lieu thereof the following:
$21,500.00,
so that when so amended said subsection (b) shall read as follows:
(b) The Deputy Clerk of the Superior Court shall receive as
compensation for his services a salary to be fixed in the discretion of
the Clerk of the Superior Court in an amount not to exceed $21,500.00
4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
per annum, payable in equal monthly installments out of the funds of
Clayton County.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
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 28th day of December, 1981.
Rudolph Johnson
The Clayton County
Legislative Delegation
State of Georgia.
County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Publisher
of Clayton News Daily, the official legal organ for the County of
Clayton for the publication of official or legal advertisements for said
county, said newspaper published at P.O. 368, Jonesboro, Georgia,
County of Clayton, State of Georgia, who, being duly sworn, state on
oath that the report, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates: 1/5/82;
1/12/82; 1/19/82.
GEORGIA LAWS 1982 SESSION
4481
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me,
this date 2/17/82.
/s/ Brenda M. Morgan
Notary Public, Georgia State at Large.
My Commission Expires June 8, 1982.
(Seal).
Approved April 12, 1982.
STATE COURT OF CLAYTON COUNTY
COMPENSATION OF JUDGE AND SOLICITOR.
No. 1122 (House Bill No. 1651).
AN ACT
To amend an Act creating the State Court of Clayton County,
approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended,
particularly by an Act approved March 25,1980 (Ga. L. 1980, p. 3890)
and by an Act approved April 6,1981 (Ga. L. 1981, p. 3894), so as to
change the provisions relating to the compensation of the judges 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 creating the State Court of Clayton County,
approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended,
particularly by an Act approved March 25,1980 (Ga. L. 1980, p. 3890)
and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3894), is
amended by striking from Section 3 the following:
4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$37,430.00,
and inserting in lieu thereof the following:
$39,863.00,
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 $39,863.00 per annum which
shall be paid monthly by the Board of Commissioners of Clayton
County. The Judges of the State Court of Clayton County shall
receive no other compensation for serving as judges of said court, and
they shall not engage in the private practice of law in any capacity
during their tenure as judges of said court, and they shall not be
eligible to hold any other public office while serving as judges of said
court. The salary of each judge shall be paid out of the general funds
of Clayton County.
Section 2. Said Act is further amended by striking from Section
6 the following:
$15,000.00,
and inserting in lieu thereof the following:
$15,975.00,
so that when so amended Section 6 shall read as follows:
Section 6. Salary of Solicitor. The salary of the solicitor of said
court shall be $15,975.00 per annum, and shall be paid monthly by the
Board of Commissioners of Clayton County, Georgia, out of the
general funds of Clayton County. The solicitor of said court shall, as
such, receive no other compensation, and shall not practice criminal
law in any court or courts in Clayton County, Georgia.
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
repealed.
GEORGIA LAWS 1982 SESSION
4483
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the State Court of Clayton County, approved January 28,
1964 (Ga. Laws 1964, p. 2032), as amended; and for other purposes.
This 28th day of December, 1981.
Rudolph Johnson
The Clayton County
Legislative Delegation
State of Georgia.
County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Publisher
of Clayton News Daily, the official legal organ for the County of
Clayton for the publication of official or legal advertisements for said
county, said newspaper published at P.O. 368, Jonesboro, Georgia,
County of Clayton, State of Georgia, who, being duly sworn, state on
oath that the report, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates: 1/5/82;
1/12/82; 1/19/82.
/s/ William L. Wadkins
Publisher
Sworn to and subscribe before me.
this date 2/17/82.
4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Brenda M. Morgan
Notary Public, Georgia State at Large.
My Commission Expires June 8, 1982.
(Seal).
Approved April 12, 1982.
CHEROKEE COUNTY COMPENSATION OF
COUNTY COMMISSIONER.
No. 1123 (House Bill No. 1653).
AN ACT
To amend an Act creating the office of commissioner of Cherokee
County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended,
particularly by an Act approved February 7, 1978 (Ga. L. 1978, p.
3029) and an Act approved March 18,1980 (Ga. L. 1980, p. 3278), so as
to change the compensation of the commissioner of said county; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of commissioner of
Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as
amended, particularly by an Act approved February 7, 1978 (Ga. L.
1978, p. 3029) and an Act approved March 18, 1980 (Ga. L. 1980, p.
3278), is amended by striking Section 5 in its entirety and inserting in
lieu thereof a new Section 5 to read as follows:
Section 5. Compensation of commissioner. The commissioner
shall receive an annual salary equal to the annual salary of the highest
paid elected official in Cherokee County except the county school
superintendent plus $1,200.00 per annum, payable in equal monthly
installments from the funds of Cherokee County. The county shall
furnish the commissioner with an appropriate automobile to be used
by him in carrying out the official duties of his office. The cost of such
GEORGIA LAWS 1982 SESSION
4485
automobile and the replacement cost thereof from time to time, as
well as the costs necessary to maintain and operate such automobile,
shall be paid from the funds of Cherokee County. The commissioner
shall be reimbursed for actual and necessary expenses incurred by
him in carrying out his official duties from the funds of Cherokee
County. The salary and expenses provided for herein shall constitute
the entire compensation from all sources to which the commissioner
shall be entitled to be paid from county funds. The commissioner
shall devote his full time to the duties of his office.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the office of commissioner of Cherokee County, approved
August 9, 1915 (Ga. L. 1915, p. 177), as amended, so as to change the
compensation of the commissioner of said county; and for other
purposes.
This 27th day of January, 1982.
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: Jan.
27, Feb. 3 & 10,1982.
4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Wendell T. Anderson, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF MILNER ELECTIONS, ETC.
No. 1124 (House Bill No. 1661).
AN ACT
To amend an Act creating a new charter for the City of Milner,
approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended, so as to
change certain provisions relative to the time of election of the mayor
and members of the city 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 Milner,
approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended, is
amended by striking in their entirety Sections 8-4 and 8-5 which read,
respectively, as follows:
Section 8-4. Time of Election of Councilmen. On the first
Thursday in January, 1971, and every two (2) years thereafter, three
GEORGIA LAWS 1982 SESSION
4487
(3) councilmen shall be elected, to serve for two-year terms; provided,
however, that at said election in 1971 five (5) councilmen shall be
elected, and the three candidates receiving the highest number of
votes shall be elected for two-year terms, and the next two (2)
candidates shall be elected for one-year terms. On the first Thursday
in January, 1972, and every two (2) years thereafter, two (2) council-
men shall be elected to serve for two-year terms.
Section 8-5. Time of Election of Mayor. A mayor shall be elected
on the first Thursday in January, 1971 and on such day every two (2)
years, to serve for a two-year term.,
and inserting in lieu thereof new Sections 8-4 and 8-5 to read,
respectively, as follows:
Section 8-4. Time of Election of Councilmen. On the first
Thursday in December of every even-numbered year two councilmen
shall be elected to serve for two-year terms. On the first Thursday in
December of every odd-numbered year three councilmen shall be
elected for two-year terms.
Section 8-5. Time of Election of Mayor. A mayor shall be elected
on the first Thursday in December of every odd-numbered year, to
serve a two-year term.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be introduced at the 1982
regular session of the Georgia General Assembly a bill to amend an
act creating a new charter for the City of Milner approved April 25,
1969 (Ga. Law 1969, pg. 3475) as amended, so as to change the
provisions relative to elections for Mayor and Council Members to
repeal conflicting laws and for other purposes.
Mayor & Council
of Milner
4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia.
County of Lamar.
Affidavit of Publisher.
Personally appeared before me, the undersigned officer, duly
authorized to administer oaths in said County and State, Walter B.
Geiger, Jr., who, having been duly sworn, deposes and says on oath
that he is Publisher of The Herald Gazette, that, as such, he is
authorized to make this affidavit, and that the attached notice was
published in The Herald Gazette, a local newspaper of general
circulation in Lamar County, Georgia on Jan. 20 & 27, Feb. 3,1982.
This 15th day of February, 1982.
/s/ Walter B. Geiger, Jr.
Publisher
Sworn to and subscribed before me,
this 15th day of February, 1982.
/s/ Katherine K. Williams
Notary Public.
My Commission Expires 8-3-84.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4489
LAMAR COUNTY CORONER PLACED ON
SALARY BASIS.
No. 1125 (House Bill No. 1662).
AN ACT
To place the coroner of Lamar County on an annual salary in lieu
of a fee system; to provide for matters relative to the foregoing; 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. The coroner of Lamar County shall be compensated
by an annual salary of $2,100.00, which shall be paid in equal monthly
installments from the funds of Lamar County. The annual salary of
the coroner shall be in lieu of all fees, costs, commissions, allowances,
moneys, and all other emoluments and perquisites of whatever kind
which are allowed coroners by law. All such fees, costs, allowances,
moneys, and all other emoluments and perquisites collected by the
coroner shall become funds of the county and shall be paid to the
fiscal officer of the county at least once every month.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval; pro-
vided, however, that if an Act entitled An Act to repeal an Act
entitled An Act to amend Code section 21-105 of the Code of Georgia
of 1933, as amended, relating to the fees paid Coroners, as amended,
so as to change the compensation of Coroners in certain counties; to
repeal conflicting laws; and for other purposes., approved April 28,
1969 (Ga. L. 1969, p. 878), as amended, particularly by an Act
approved April 13, 1973 (Ga. L. 1973, p. 565), an Act approved April
11, 1979 (Ga. L. 1979, p. 529), and an Act approved March 25, 1980
(Ga. L. 1980, p. 1185); to provide an effective date; to provide
conditions for an effective date; to repeal conflicting laws; and for
other purposes. does not pass the 1982 regular 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
repealed.
4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Proposed Change in Local Legislation.
Notice is hereby given that there will be introduced at the 1982
Regular Session of the General Assembly of Georgia a bill to establish
the compensation of the Coroner of Lamar County; to repeal an Act
amending Code Section 21-105, relating to the fees of Coroners, as
amended, approved April 28, 1969 (Ga. Law 1969, pg. 878), as
amended; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
Janice S. Horton
Senator
Bill Jones
Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Jones who, on oath, deposes and
says that he/she is Representative from the 78th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the News Gazette which is the official organ of
Lamar County, on the following dates: Jan. 27,1982 & Feb. 3,10 & 17,
1982.
/s/ Bill Jones
Representative,
78th District
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4491
LAMAR COUNTY COMPENSATION OF TAX
COMMISSIONER.
No. 1126 (House Bill No. 1663).
AN ACT
To amend an Act abolishing the fee system of compensating the
Tax Commissioner of Lamar County and providing for an annual
salary, approved March 27, 1972 (Ga. L. 1972, p. 2639), as amended,
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 fee system of compensating the
Tax Commissioner of Lamar County and providing for an annual
salary, approved March 27,1972 (Ga. L. 1972, p. 2639), as amended, is
amended by striking from Section 2 the following:
$14,000.00,
and inserting in lieu thereof the following:
$15,000.00,
so that when so amended Section 2 shall read as follows:
Section 2. The tax commissioner shall receive an annual salary
of $15,000.00. Said salary shall be paid in equal monthly installments
from the funds of Lamar County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approved.
4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Proposed Change in Local Legislation.
Notice is hereby given that there will be introduced at the 1982
regular Session of the Georgia General Assembly a bill to amend an
Act abolishing the fee system of compensating the Tax Commissioner
of Lamar County, and providing for an annual salary, approved
March 27,1972 (Ga. Law 1972, pg. 2639), as amended, so as to change
the compensation of the Tax Commissioner, to repeal conflicting
laws, and for other purposes.
Janice S. Horton
Senator
Bill Jones
Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Jones who, on oath, deposes and
says that he/she is Representative from the 78th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the News Gazette which is the official organ of
Lamar County, on the following dates: Jan. 27,1982, Feb. 3,10, & 17,
1982.
/s/ Bill Jones
Representative,
78th District
GEORGIA LAWS 1982 SESSION
4493
Sworn to and subscribed before me,
this 18th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
BULLOCH COUNTY COMPENSATION OF CLERKS
OF BOARD OF COMMISSIONERS.
No. 1127 (House Bill No. 1664).
AN ACT
To amend an Act creating a Board of Commissioners of Bulloch
County, approved August 11,1924 (Ga. L. 1924, p. 290), as amended,
particularly by an Act approved March 19, 1981 (Ga. L. 1981, p.
3164), so as to change the provisions relative to the compensation 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. L. 1924, p. 290), as amended,
particularly by an Act approved March 19, 1981 (Ga. L. 1981, p.
3164), is amended by striking subsection (b) of Section 2 of said Act in
its entirety and substituting in lieu thereof the following:
(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 $11,500.00 per annum, and an additional clerical
assistant, who may be compensated in an amount not to exceed
4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$9,630.00 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
repealed.
State of Georgia.
County of Bulloch.
Resolution.
Be it resolved by the Board of Commissioners of Bulloch County,
Georgia, that, whereas, personnel to fill positions in County offices
must be paid in line with prevailing pay for other persons of similar
training and skills and in line with what is being paid by other
enterprise, and
Whereas, the Commissioners have conferred with County officials
and investigated into the question of pay for personnel and the need
for personnel in County offices, and
Whereas, local legislation is needed to provide for personnel and
their pay in behalf of Bulloch County offices,
Be it resolved as follows:
That there be provided personnel in County offices as enumerated
hereinafter and to be paid as set opposite such personnel, to-wit:
Commissioners Office
Assistant Clerk from $10,400.00-to-$ll,500.00
Clerical Assistant from $9,000.00-to-$9,630.00
GEORGIA LAWS 1982 SESSION
4495
Sheriffs Office
Chief Deputy from $12,600.00-to-$14,000.00
Deputy from $11,400.00-to-$12,200.00
Office Clerk from $8,300.00-to-$9,630.00
Probate Judge
Clerical Assistant from $8,300.00-to-$9,630.00
Tax Commissioners Office
First Assistant from $9,000.00-to-$9,630.00
Second Assistant from $8,300.00-to-$8,888.00
Third Assistant from $7,700.00-to-$8,240.00
Clerks Office
Chief Deputy from $9,000.00-to-$9,630.00
Docket Clerk from $8,300.00-to-$8,888.00
Typist from $7,700.00-to-$8,240.00
Be it further resolved, that the State Representatives and State
Senator representing the people of Bulloch County be requested to
introduce and secure passage of local legislation during the current
session of 1982 General Assembly of Georgia, so as to provide in
keeping with the above provisions for personnel and pay, to be
effective on the first day of the calendar month after the calendar
month in which the Governor signs said legislation, approving the
same.
Be it further resolved, that a copy of this Resolution be furnished
to State Representatives, Honorables Robert Emory Lane and John
Godbee and Senator Joseph E. Kennedy, with the request for their
action as stated above.
This January 7, 1982.
4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Board of Commissioners
of Bulloch County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
and says that he/she is Representative from the 82nd 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: Jan. 28,1982
& Feb. 4, & 11,1982.
/s/ John Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 18 day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4497
BULLOCH COUNTY COMPENSATION OF
CLERK OF PROBATE COURT.
No. 1128 (House Bill No. 1665).
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. L. 1960,
p. 2590), as amended, particularly by an Act approved March 19,1981
(Ga. L. 1981, p. 3166), 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.
L. 1960, p. 2590), as amended, particularly by an Act approved March
19, 1981 (Ga. L. 1981, p. 3166), is 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 $9,630.00 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
repealed.
State of Georgia.
County of Bulloch.
Resolution.
Be it resolved by the Board of Commissioners of Bulloch County,
Georgia, that, whereas, personnel to fill positions in County offices
4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
must be paid in line with prevailing pay for other persons of similar
training and skills and in line with what is being paid by other
enterprise, and
Whereas, the Commissioners have conferred with County officials
and investigated into the question of pay for personnel and the need
for personnel in County offices, and
Whereas, local legislation is needed to provide for personnel and
their pay in behalf of Bulloch County offices,
Be it resolved as follov
That there be provided personnel in County offices as enumerated
hereinafter and to be paid as set opposite such personnel, to-wit:
Commissioners Office
Assistant Clerk from $10,400.00-to-$ll,500.00
Clerical Assistant from $9,000.00-to-$9,630.00
Sheriffs Office
Chief Deputy from $12,600.00-to-$14,000.00
Deputy from $11,400.00-to-$12,200.00
Office Clerk from $8,300.00-to-$9,630.00
Probate Judge
Clerical Assistant from $8,300.00-to-$9,630.00
Tax Commissioners Office
First Assistant from $9,000.00-to-$9,630.00
Second Assistant from $8,300.00-to-$8,888.00
Third Assistant from $7,700.00-to-$8,240.00
Clerks Office
Chief Deputy from $9,000.00-to-$9,630.00
Docket Clerk from $8,300.00-to-$8,888.00
Typist from $7,700.00-to-$8,240.00
GEORGIA LAWS 1982 SESSION
4499
Be it further resolved, that the State Representatives and State
Senator representing the people of Bulloch County be requested to
introduce and secure passage of local legislation during the current
session of 1982 General Assembly of Georgia, so as to provide in
keeping with the above provisions for personnel and pay, to be
effective on the first day of the calendar month after the calendar
month in which the Governor signs said legislation, approving the
same.
Be it further resolved, that a copy of this Resolution be furnished
to State Representatives, Honorables Robert Emory Lane and John
Godbee and Senator Joseph E. Kennedy, with the request for their
action as stated above.
This January 7, 1982.
Board of Commissioners
of Bulloch County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
and says that he/she is Representative from the 82nd 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: Jan. 28,1982
&Feb. 4, & 11,1982.
/s/ John Godbee
Representative,
82nd District
4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18 day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
JUDGES OF RECORDERS COURT IN CERTAIN
COUNTIES (180,000 - 190,000).
No. 1129 (House Bill No. 1784).
AN ACT
To amend an Act providing for an additional judge of the
recorders court in any county of this state having a population of not
less than 180,000 nor more than 190,000 according to the United
States decennial census of 1970 or any future such census, approved
April 11, 1979 (Ga. L. 1979, p. 4185), so as to change the population
brackets and census references; to provide 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 an additional judge of the
recorders court in any county of this state having a population of not
less than 180,000 nor more than 190,000 according to the United
States decennial census of 1970 or any future such census, approved
April 11, 1979 (Ga. L. 1979, p. 4185), is amended by striking the first
sentence of subsection (a) of Section 1 of said Act in its entirety and
inserting in lieu thereof a new first sentence to read as follows:
GEORGIA LAWS 1982 SESSION
4501
There shall be one additional judge of the recorders court in any
county of this State having a population of not less than 200,000 nor
more than 250,000 according to the United States decennial census of
1980 or any future such census.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
PICKENS COUNTY COMPENSATION OF
COUNTY COMMISSIONER.
No. 1131 (House Bill No. 1786).
AN ACT
To amend an Act creating the office of Commissioner of Pickens
County, approved August 16,1920 (Ga. L. 1920, p. 598), as amended,
particularly by an Act approved March 13,1978 (Ga. L. 1978, p. 3352),
so as to change the compensation of the 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 Commissioner of Pickens
County, approved August 16,1920 (Ga. L. 1920, p. 598), as amended,
particularly by an Act approved March 13,1978 (Ga. L. 1978, p. 3352),
is amended by striking from Section 6 the words, symbols, and figure
fourteen thousand dollars ($14,000.00) and inserting in lieu thereof
the figure $20,000.00, so that when so amended Section 6 shall read
as follows:
Section 6. The Commissioner of Pickens County shall be com-
pensated in the amount of $20,000.00 per annum, to be paid in equal
monthly installments from the general funds of said county.
4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be introduced at the Regular
Session of the 1982 Georgia General Assembly a bill to change the
compensation of the Pickens County Commissioner, Clerk of Court,
Probate Judge, Sheriff and Tax Commissioner.
Feb. 8,1982.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty 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 Legisla-
tion was published in the Pickens County Progress which is the
official organ of Pickens County, on the following dates: Feb. 10,17 &
24,1982.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4503
PICKENS COUNTY COMPENSATION OF
CLERK OF SUPERIOR COURT.
No. 1132 (House Bill No. 1787).
AN ACT
To amend an Act placing the Clerk of the Superior Court of
Pickens County on an annual salary, approved April 17,1975 (Ga. L.
1975, p. 3697), as amended, 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 the Clerk of the Superior Court of
Pickens County on an annual salary, approved April 17,1975 (Ga. L.
1975, p. 3697), as amended, is amended by striking from Section 2 the
figure $13,500.00 and inserting in lieu thereof the figure
$17,500.00, so that when so amended Section 2 shall read as follows:
Section 2. The Clerk of the Superior Court of Pickens County
shall receive an annual salary of $17,500.00 payable in equal monthly
installments from county funds, as total compensation for all services
rendered by the said clerk.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be introduced at the Regular
Session of the 1982 Georgia General Assembly a bill to change the
compensation of the Pickens County Commissioner, Clerk of Court,
Probate Judge, Sheriff and Tax Commissioner.
4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Feb. 8,1982.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty 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 Legisla-
tion was published in the Pickens County Progress which is the
official organ of Pickens County, on the following dates: Feb. 10,17 &
24,1982.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4505
PICKENS COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 1133 (House Bill No. 1788).
AN ACT
To amend an Act creating the office of Tax Commissioner of
Pickens County, Georgia, approved February 22,1943 (Ga. L. 1943, p.
1094), as amended, particularly by an Act approved March 13, 1978
(Ga. L. 1978, p. 3355), 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 creating the office of Tax Commissioner of
Pickens County, Georgia, approved February 22,1943 (Ga. L. 1943, p.
1094), as amended, particularly by an Act approved March 13, 1978
(Ga. L. 1978, p. 3355), is amended by striking from Section 4 the
figure $12,500.00 and inserting in lieu thereof the figure
$16,500.00, so that when so amended Section 4 shall read as follows:
Section 4. The Tax Commissioner of Pickens County shall
receive an annual salary of $16,500.00 to be paid in equal monthly
installments from the funds of Pickens County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be introduced at the Regular
Session of the 1982 Georgia General Assembly a bill to change the
compensation of the Pickens County Commissioner, Clerk of Court,
Probate Judge, Sheriff and Tax Commissioner.
Feb. 8,1982.
4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty 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 Legisla-
tion was published in the Pickens County Progress which is the
official organ of Pickens County, on the following dates: Feb. 10,17 &
24,1982.
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
PICKENS COUNTY COMPENSATION OF
JUDGE OF PROBATE COURT.
No. 1134 (House Bill No. 1780).
AN ACT
To amend an Act placing the Judge of the Probate Court of
Pickens County on an annual salary in lieu of the fee system of
GEORGIA LAWS 1982 SESSION
4507
compensation, approved April 18, 1967 (Ga. L. 1967, p. 3277), as
amended by an Act approved March 13,1978 (Ga. L. 1978, p. 3353), 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 placing the Judge of the Probate Court of
Pickens County on an annual salary in lieu of the fee system of
compensation, approved April 18, 1967 (Ga. L. 1967, p. 3277), as
amended by an Act approved March 13,1978 (Ga. L. 1978, p. 3353), is
amended by striking from Section 2 the figure $11,500.00 and
inserting in lieu thereof the figure $17,500.00, 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 $17,500.00 payable in equal monthly installments from the
funds of Pickens County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be introduced at the Regular
Session of the 1982 Georgia General Assembly a bill to change the
compensation of the Pickens County Commissioner, Clerk of Court,
Probate Judge, Sheriff and Tax Commissioner.
Feb. 8,1982.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty 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 Legisla-
tion was published in the Pickens County Progress which is the
official organ of Pickens County, on the following dates: Feb. 10,17 &
24,1982.
4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
PICKENS COUNTY COMPENSATION OF
SHERIFF.
No. 1135 (House Bill No. 1790).
AN ACT
To amend an Act placing the Sheriff of Pickens County on an
annual salary in lieu of the fee system of compensation, approved
February 28,1966 (Ga. L. 1966, p. 2138), as amended, particularly by
an Act approved March 16,1978 (Ga. L. 1978, p. 3837), 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 Pickens County on an
annual salary in lieu of the fee system of compensation, approved
February 28,1966 (Ga. L. 1966, p. 2138), as amended, particularly by
an Act approved March 16,1978 (Ga. L. 1978, p. 3837), is amended by
striking from Section 2 the figure $13,500.00 and inserting in lieu
GEORGIA LAWS 1982 SESSION
4509
thereof the figure $18,000.00, so that when so amended Section 2
shall read as follows:
Section 2. The sheriff shall receive an annual salary of $18,000.00
payable in equal monthly installments from the funds of Pickens
County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be introduced at the Regular
Session of the 1982 Georgia General Assembly a bill to change the
compensation of the Pickens County Commissioner, Clerk of Court,
Probate Judge, Sheriff and Tax Commissioner.
Feb. 8,1982.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty 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 Legisla-
tion was published in the Pickens County Progress which is the
official organ of Pickens County, on the following dates: Feb. 10,17 &
24,1982.
/s/ William G. Hasty, Sr.
Representative,
8th District
4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CHATTAHOOCHEE COUNTY COMPENSATION OF
BOARD OF COMMISSIONERS.
No. 1136 (House Bill No. 1792).
AN ACT
To amend an Act creating the Board of Commissioners of
Chattahoochee County, approved March 16, 1937 (Ga. L. 1937, p.
1283), as amended, particularly by an Act approved March 13, 1978
(Ga. L. 1978, p. 3248), so as to change the compensation of the
chairman and members of the Board; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Chattahoochee County, approved March 16, 1937 (Ga. L. 1937, p.
1283), as amended, particularly by an Act approved March 13, 1978
(Ga. L. 1978, p. 3248), is amended by striking Section 5 and inserting
in its place a new section to read as follows:
Section 5. (a) The Commissioners shall elect from among their
number a chairman, who shall preside over the meetings of the Board.
They shall also elect a clerk of said Board, whose duties and compen-
sation are hereinafter defined. Said Board shall meet on the first
GEORGIA LAWS 1982 SESSION
4511
Tuesday of each month, and the election of the chairman of said
Board shall take place on the first Tuesday in January of each year.
(b) The sole compensation paid to the Commissioners shall be
an allowance to cover travel expenses and other ordinary and neces-
sary expenses incurred in the performance of their duties. The
expense allowance of the chairman shall be $100.00 per month and
the expense allowance of each other member shall be $50.00 per
month. Said allowances shall be paid monthly 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Board of Commissioners of Chattahoochee County,
approved March 16,1937 (Ga. L. 1937, p. 1283), as amended; and for
other purposes.
This 9 day of February, 1982.
Don Castleberry
Representative,
111th District
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
District, and that the attached copy of Notice of Intention to Intro-
4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duce Local Legislation was published in the Columbus Enquirer
which is the official organ of Chattahoochee County, on the following
dates: Feb. 12,19 & 26,1982.
/s/ Don Castleberry
Representative,
111th District
Sworn to and subscribed before me,
this 4th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STEWART COUNTY COMPENSATION OF
DEPUTY SHERIFF.
No. 1137 (House Bill No. 1793).
AN ACT
To amend an Act relating to the sheriffs office and sheriff of
Stewart County, approved February 28,1966 (Ga. L. 1966, p. 2573), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3591), so as to change the provisions for compensation of the
deputy sheriff; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4513
Section 1. An Act relating to the sheriffs office and sheriff of
Stewart County, approved February 28,1966 (Ga. L. 1966, p. 2573), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3591), is amended by striking from Section 4 the following:
in the amount of $9,600 per annum,
and inserting in lieu thereof the following:
in an amount fixed by the county governing authority, but not
less than $9,600.00 or more than $13,500.00 per annum,
so that when so amended 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 an amount fixed by the county governing
authority, but not less than $9,600.00 or more than $13,500.00 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 necessary to efficiently and effectively
discharge the official duties of his office. However, the governing
authority of said county shall approve such deputies or other person-
nel 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.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act relating to the Sheriffs Office and Sheriff of Stewart County,
approved Feb. 28, 1966 Ga. L. 1966, P. 2573, as amended particu-
larly by an Act approved April 6,1981 Ga. L. 1981, P. 3591; and for
other purposes.
4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 8th day of February, 1982.
Don Castleberry
Representative,
111th District
Stewart County
Commissioners
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
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:
Feb. 11,18 & 25,1982.
/s/ Don Castleberry
Representative,
111th District
Sworn to and subscribed before me,
this 25th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4515
WARREN COUNTY COMPENSATION OF
BOARD OF COMMISSIONERS.
No. 1138 (House Bill No. 1794).
AN ACT
To amend an Act providing for a board of commissioners of
Warren County, approved March 23,1977 (Ga. L. 1977, p. 3951), so as
to change the provisions relating to meetings of the board; to change
the compensation provisions relating to the chairman and other
members of the board of commissioners; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a board of commissioners of
Warren County, approved March 23, 1977 (Ga. L. 1977, p. 3951), is
amended by striking Section 4 in its entirety and inserting in lieu
thereof a new Section 4 to read as follows:
Section 4. Said board of commissioners shall hold one regular
meeting on the first Tuesday in each month, and the meeting shall be
properly advertised so that the public will be notified and may appear
before the board for any purpose. The board may conduct special
meetings at any time.
Section 2. Said Act is further amended by striking in its entirety
subsection (b) of Section 5 and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) The chairman of the board shall be compensated in the
amount of $16,500.00 per annum to be paid in equal monthly install-
ments from the funds of Warren County. The chairman shall also
receive an expense allowance in the sum of $3,000.00 to defray the
expenses incurred by him in carrying out his official duties. Said
expense allowance shall be paid in equal monthly installments. When
traveling out of the county on official business, the chairman shall be
reimbursed for actual expenses incurred thereby, in addition to the
foregoing, which shall be paid from the funds of Warren County;
provided, however, that expenses incurred while traveling out of the
county shall not be reimbursed without the approval of the board of
commissioners. The members of the board, other than the chairman,
4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall each be compensated in the amount of $1,200.00 per annum to
be paid in equal monthly installments from the funds of Warren
County. In addition to said salary, each such member shall be
reimbursed for actual and necessary expenses incurred by him in
carrying out his official duties from the funds of Warren County. The
salary and expenses provided for herein shall constitute the entire
compensation from all sources to which said members of the board
shall be entitled to be paid from county funds. The salary and
expenses provided for herein are expressly in lieu of the salary
supplement provided by an Act approved March 17, 1967 (Ga. L.
1967, p. 2168), and the commissioners, including the chairman, shall
not be entitled to receive the supplement provided by said Act.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
act establishing the Board of Commissioners of Warren County,
approved March 23, 1977 (Ga. L. 1977, page 3951, et sequor) so as to
amend Section 5 (b) of said act relating to salary and expenses of the
Chairman and members; to provide that the salary of the Chairman
shall be $16,500 per annum and the salary of the members shall be
$1200 per annum; to reduce the expense allowance of the Chairman;
and for other purposes.
This 6th day of February, 1982.
Ben Barron Ross
Representative,
76th District
GEORGIA LAWS 1982 SESSION
4517
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 Warrenton Clipper which is the
official organ of Warren County, on the following dates: February 12,
19, 26,1982.
/s/ Ben Barron Ross
Representative,
76th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
LINCOLN COUNTY COMPENSATION OF
TAX COMMISSIONER.
No. 1139 (House Bill No. 1795).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Lincoln County into the office of tax commissioner of
4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Lincoln County, approved December 17,1953 (Ga. L. 1953, Nov.-Dee.
Sess., p. 2604), as amended, 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 Lincoln County into the office of tax commissioner of
Lincoln County, approved December 17,1953 (Ga. L. 1953, Nov.-Dee.
Sess., p. 2604), as amended, is 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) The tax commissioner shall receive for his services as such
an annual salary of $15,500.00, payable in equal monthly installments
from the funds of Lincoln County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Upon the recommendation of the Grand sitting at the January
Term, 1982, of Lincoln Superior Court, notice is hereby given that
there will be introduced at the regular 1982 session of the General
Assembly of Georgia, a bill to amend an act consolidating the offices
of Tax Receiver and Tax Collector of Lincoln County into the office of
Tax Commissioner, approved December 17,1953 (Ga. L. 1953, Nov.-
Dee. Session, Page 2604), as amended, so as to change Section 4(a) of
said act to provide a salary of $15,500.00 annually in lieu of the fee
system of compensation; and for other purposes.
This 6th day of February, 1982.
GEORGIA LAWS 1982 SESSION
4519
Ben Barron Ross
Representative,
76th District
D. T. Danner, Tax Commissioner,
Lincoln County, Georgia
Lincoln County Board of
Commissioners
By: Walker T. Norman, Chairman
By: Talmadge Reed, Member
By: J. A. Bentley, Member
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: February 11,18, 25,
1982.
/s/ Ben Barron Ross
Representative,
76 th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF TWIN CITY CHARTER AMENDED.
No. 1140 (House Bill No. 1796).
AN ACT
To amend an Act incorporating the City of Twin City in Emanuel
County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended,
particularly by an Act approved March 28,1935 (Ga. L. 1935, p. 1211),
so as to change the provisions relative to the amount of fines which
may be imposed for violations of city ordinances; to change the
provisions relating to the compensation of the commissioners, mayor
pro tempore, and mayor; 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 Twin City in
Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as
amended, particularly by an Act approved March 28, 1935 (Ga. L.
1935, p. 1211), is amended by striking Section 26 in its entirety and
inserting in lieu thereof a new Section 26 to read as follows:
Section 26. The commission shall have the power and authority
to prescribe by ordinance adequate penalties for all offenses against
the laws and ordinances of said city and to punish offenders by a fine
not to exceed $500.00, imprisonment in the county or city jail not to
exceed 30 days, sentences to work on the streets or public works of the
city for a period not to exceed 30 days, or any combination thereof in
the discretion of the recorder or officer trying the offender.
Section 2. Said Act is further amended by inserting between
Section 33 and Section 35 of said Act a new Section 34 to read as
follows:
GEORGIA LAWS 1982 SESSION
4521
Section 34. The commissioners shall be paid a salary of $25.00
per month; the mayor pro tempore shall be paid a salary of $35.00 per
month; and the mayor shall be paid a salary of $50.00 per month. The
salaries for such officers shall be paid from the funds of Twin City.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for
Passage of Local Legislation.
Notice is hereby given that at the regular 1982 Session of the
General Assembly of Georgia an application will be made to amend
the Charter of the City of Twin City, as amended, to change the
amount of fine which may be levied for the violation of a City
Ordinance and to change the compensation for the Mayor and
Commissioners of the City of Twin City, and for other purposes.
This 18th day of January, 1982.
F. Dickson Durden, Mayor
City of Twin City, Georgia
Rountree & Cadle, Attorneys
In Re: Twin City, Georgia.
Georgia, Emanuel County.
Personally before me, the undersigned officer duly authorized to
administer oaths, came William C. Rogers, who on oath deposes and
says that he is the editor and publisher of The Blade, the official
county organ in and for Emanuel County, and that the attached copy
of Notice of Intention to Apply for Local Legislation was published in
The Blade on the following dates: January 20, January 27, and
February 3,1982.
4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ William C. Rogers
Sworn to and Subscribed Before me,
this 8th day of February, 1982.
/s/ Donna L. Keen
N. P., Georgia, Emanuel County.
(Seal).
Approved April 12, 1982.
COMPENSATION OF COUNTY COMMISSIONERS
OF CERTAIN COUNTIES (21,800 - 22,000).
No. 1141 (House Bill No. 1797).
AN ACT
To provide that in certain counties the salary of the county
commissioner shall be the same as that of the sheriff of the county; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Notwithstanding any contrary provision of law, in any
county which has a population of not less than 21,800 and not more
than 22,000 according to the United States decennial census of 1980
or any future such census and which has one county commissioner,
the annual salary of the commissioner shall be in the same amount as
the annual salary of the sheriff of the county and shall be paid in
equal monthly installments from the funds of the county.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
4523
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
HARALSON COUNTY MEMBERS OF BOARD OF
EDUCATION, REFERENDUM.
No. 1143 (House Bill No. 1799).
AN ACT
To provide for the election of the members of the Board of
Education of Haralson County; to provide for education districts; to
provide for filling vacancies; to provide for other matters relative to
the foregoing; to provide for a referendum; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of Haralson County shall be
composed of five members who shall be elected as hereinafter pro-
vided in this Act.
Section 2. (a) For the purpose of electing the members of said
board of education, the Haralson County school districts shall be
divided into five education districts as follows:
Education District No. 1
Haralson
Tract 9902
Block 311
Tract 9903
Blocks 206 through 212, 221
through 227, and 232 through
234
Tract 9904
4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 101 through 136, 140 through
148, and 158 through 176
Those parts of Blocks 199 and 207
outside the City of Tallapoosa
Blocks 208 through 216
Education District No. 2
Haralson
Tract 9901
Blocks 101 through 112 and 115
Tract 9902
Blocks 101 through 175, 183, and
185 through 188
Tract 9903
Blocks 101 through 130, 133 through
143, 184, 199, 201 through 205,
213 through 220, 228 through 231,
235, and 236
Education District No. 3
Haralson
Tract 9902
Blocks 312 through 314
Those parts of Blocks 354 and
355 outside the City of Waco
Blocks 363 and 388 through 391
Tract 9904
Blocks 137 through 139, 149
through 157, and 177 through
198
That part of Block 199 within the
City of Tallapoosa
Blocks 201 through 206
That part of Block 207 within
the City of Tallapoosa
Blocks 217 through 254, 256 through
258, 260 through 265, 267, 298,
and 299
Block Group 3
Education District No. 4
Haralson
Tract 9901
Blocks 113, 114, and 116 through
GEORGIA LAWS 1982 SESSION
4525
161
Tract 9902
Blocks 176 through 182, 184, 189
through 199, 201, 202, 301
through 310, and 318
Tract 9903
Blocks 131, 132, and 144 through
149
Education District No. 5
Haralson
Tract 9901
Blocks 201 through 216 and 301
through 335
Those parts of Blocks 336, 337,
365, 367, and 368 outside the
City of Bremen
Blocks 369 through 376
That part of Block 377 outside
the City of Bremen
Block 378
That part of Block 379 outside
the City of Bremen
Tract 9902
Blocks 315 through 317, 319, and
320
Those parts of Blocks 321 and 322
outside the City of Bremen
Block 323
That part of Block 324
outside the City of Bremen
Blocks 326 and 327
That part of Block 346
outside the City of Bremen
Blocks 347 through 353
Those parts of Blocks 354 and
355 within the City of Waco
Blocks 356 through 360
That part of Block 361 outside
the City of Bremen
Blocks 362, 387, 392, and 393
4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) As used in subsection (a) of this section, the terms Tract,
Block Group, and Block shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia, County of Haralson. Whenever the description of
any education district refers to a named city, it shall mean the
geographical boundaries of that city as shown on the census maps for
the United States decennial census of 1980 for the State of Georgia.
Any part of the Haralson County school district which is not included
in an education district described in subsection (a) of this section
shall be included within that district contiguous to such part which
contains the least population according to the 1980 decennial census.
(c) Each member of the board of education shall be a resident of
the respective education district during the members term of office,
and a candidate for membership on said board shall have been a
resident of the education district for which the candidate offers for
election at least one year prior to the date of election. Each person
offering for election as a member of said board shall specify the
education district for which the person is offering. Each member of
the board shall be elected by a majority vote of the qualified voters
voting within each respective education district. Except for the
special election provided for in subsection (a) of Section 3 of this Act,
all members of said board shall be nominated and elected in accord-
ance with the provisions of Chapter 2 of Title 21 of the Official Code
of Georgia Annotated known as the Georgia Election Code. (Code
Title 34 of the Code of Georgia of 1933 until November 1,1982).
Section 3. (a) The first members of the board elected from
Education Districts 2 and 3 shall be elected at a special election which
shall be held on the same date as the general election of 1982. Such
special election shall be held and conducted in accordance with the
applicable provisions of Chapter 2 of Title 21 of the Official Code of
Georgia Annotated known as the Georgia Election Code. (Code
Title 34 of the Code of Georgia of 1933 until November 1,1982.) The
members elected at such special election shall take office on the first
day of January, 1983, for terms of four years and until their successors
are elected and qualified. Thereafter, their successors shall be elected
at the general election immediately preceding the expiration of the
terms of office and shall take office on the first day of January
immediately following the election for terms of four years and until
their successors are elected and qualified. The member elected from
Education District 2 at the special election provided for in this
GEORGIA LAWS 1982 SESSION
4527
subsection shall be the successor to the incumbent member of the
heretofore existing Board of Education of Haralson County whose
term of office is scheduled to expire on February 1,1983, and the term
of such incumbent member is shortened to expire on December 31,
1982. The member elected from Education District 3 at the special
election provided for in this subsection shall be the successor to the
incumbent member of the heretofore existing Board of Education of
Haralson County whose term of office is scheduled to expire on
February 1, 1984, and the term of such incumbent member is short-
ened to expire on December 31,1982.
(b) For the period beginning January 1, 1983, and ending
December 31,1984, the Board of Education of Haralson County shall
be composed of the two members elected from Education Districts 2
and 3 pursuant to subsection (a) of this section and the three
remaining incumbent members of the heretofore existing Board of
Education of Haralson County.
(c) The first members elected from Education Districts 1 and 4
shall be elected at the general election of 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, their successors
shall be elected at the general election immediately preceding the
expiration of the terms of office and shall take office on the first day
of January immediately following the election for terms of four years
and until their successors are elected and qualified. The member
elected from Education District 1 at the 1984 general election shall be
the successor to the incumbent member of the heretofore existing
Board of Education of Haralson County whose term of office is
scheduled to expire on February 1, 1986, and the term of such
incumbent member is shortened to expire on December 31,1984. The
member elected from Education District 4 at the 1984 general elec-
tion shall be the successor to the incumbent member of the heretofore
existing Board of Education of Haralson County whose term of office
is scheduled to expire on February 1, 1985, and the term of such
incumbent member is shortened to expire on December 31,1984.
(d) For the period beginning January 1, 1985, and ending
December 31,1986, the Board of Education of Haralson County shall
be composed of the four members elected pursuant to subsections (a)
and (c) of this section and the remaining incumbent member of the
heretofore existing Board of Education of Haralson County whose
term of office is scheduled to expire on February 1,1987, and the term
4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of such incumbent member is shortened to expire on December 31,
1986.
(e) The first member of the board elected from Education
District 5 shall be elected at the general election of 1986 and shall take
office on the first day of January, 1987, for a term of four years and
until a successor is elected and qualified. Thereafter, a successor shall
be elected at the general election immediately preceding the expira-
tion 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
and until a successor is elected and qualified.
(f) On and after January 1, 1987, the Board of Education of
Haralson County shall be composed of members elected pursuant to
this section.
Section 4. A vacancy which occurs in the membership of the
board by death, resignation, removal from the education district or
for any other reason shall be filled by the remaining members of the
board electing a successor to serve for the unexpired term. A person
elected by the board to fill a vacancy shall meet the residency
requirements for the education district wherein the vacancy occurred.
Section 5. The Board of Education of Haralson County provided
for by this Act shall be subject to all constitutional and statutory
provisions of this state relative to county boards of education and the
members thereof, except as otherwise provided by this Act.
Section 6. After the approval of this Act by the Governor, or
after it otherwise becomes law, it shall be the duty of the election
superintendent of Haralson County to issue the call for an election for
the purpose of submitting this Act to the electors of the Haralson
County school district for approval or rejection. The superintendent
shall set the date of such election for the same date as the general
primary election of 1982. The superintendent shall issue the call for
said election at least 29 but not more than 45 days prior to the date
thereof. The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Haralson County.
The ballot shall have written or printed thereon the words:
GEORGIA LAWS 1982 SESSION
4529
( ) YES Shall the Act providing for the
( ) NO election of the members of the
Board of Education of Haralson
County from education districts be
approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of 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 Haralson County.
It shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to provide for an
elective Board of Education of Haralson County; to provide for a
referendum; and for other purposes.
This 29th day of January, 1982.
Thomas B. Murphy
4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit.
Georgia.
Haralson County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune, legal organ for Haralson
County. The following dates, to-wit: February 4,11 and 18,1982.
Sworn to on the 18th day of February, 1982.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed to before me,
on the 18th day of February, 1982.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 12, 1982.
ACT CREATING BOARDS OF ELECTIONS IN
CERTAIN COUNTIES AMENDED
(51,000 - 55,110) (60,000 - 67,000).
No. 1144 (House Bill No. 1800).
AN ACT
To amend an Act creating a board of elections in each county
having a population of not less than 51,000 and not more than 55,110
according to the 1970 United States decennial census or any future
such census, so as to change the population requirements of said Act;
GEORGIA LAWS 1982 SESSION
4531
to provide 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 elections in each county
having a population of not less than 51,000 and not more than 55,110
according to the 1970 United States decennial census or any future
such census is amended by striking Section 1 in its entirety and
substituting in lieu thereof a new Section 1 to read as follows:
Section 1. There is created in each county of this state having a
population of not less than 60,000 nor more than 67,000 according to
the United States decennial census of 1980 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. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
HOSPITAL AUTHORITY OF WALKER, DADE AND
CATOOSA COUNTIES VACANCIES.
No. 1145 (House Bill No. 1805).
AN ACT
To change the method of filling vacancies on the board of the
hospital authority of Walker, Dade, and Catoosa counties; to provide
for all related matters; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to the authority of Code Section 88-1803 of
the Code of 1933 and subsection (c) of Code Section 31-7-72 of the
Official Code of Georgia Annotated, the method of filling vacancies
on the board of the hospital authority of Walker, Dade, and Catoosa
counties shall be as provided in this Act. This Act shall apply to
vacancies for unexpired or full terms. The governing authority of the
county from which the member whose seat becomes vacant was
selected shall submit to the board of the hospital authority a list of
three eligible persons. The board at its next regular or special
meeting must select one of those three persons to fill the vacancy.
Section 2. This Act shall become effective April 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to change the
method for filling vacancies on the board of the Hospital Authority of
Walker, Dade and Catoosa Counties pursuant to Section 88-1803 of
the Georgia Code of 1933 and Section 31-7-72 of the Official Code
Ann. of Georgia.
This 18th day of January, 1982.
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,
GEORGIA LAWS 1982 SESSION
4533
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: Jan. 28,
1982 & Feb. 4 & 11,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to change the
method for filling vacancies on the board of the Hospital Authority of
Walker, Dade and Catoosa Counties pursuant to Section 88-1803 of
the Georgia Code of 1933 and Section 31-7-72 of the Official Code
Ann. of Georgia.
This 18th day of January, 1982.
Wayne Snow, Jr.
Representative,
District 1, Post 1
4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Catoosa County News which is the
official organ of Catoosa County, on the following dates: Jan. 28,1982
& Feb. 4 & 11,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to change the
method for filling vacancies on the board of the Hospital Authority of
Walker, Dade and Catoosa Counties pursuant to Section 88-1803 of
the Georgia Code of 1933 and Section 31-7-72 of the Official Code
Ann. of Georgia.
This 18th day of January, 1982.
Wayne Snow, Jr.
Representative,
District 1, Post 1
GEORGIA LAWS 1982 SESSION
4535
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: Jan. 28,1982 &
Feb. 4 & 11,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLERKS OF SUPERIOR COURTS
COMPENSATION IN CERTAIN COUNTIES
(32,300 - 32,800).
No. 1147 (House Bill No. 1801).
AN ACT
To provide certain additional compensation for the clerk of the
superior court of all counties of this state having a population of not
less than 32,300 nor more than 32,800 according to the United States
decennial census of 1980 or any future such census; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In all counties of this state having a population of not
less than 32,300 nor more than 32,800 according to the United States
decennial census of 1980 or any future such census, the clerk of the
superior court shall receive as compensation the amount of $1,200.00
per annum payable in equal monthly installments from the funds of
the county. The compensation provided for herein shall be in
addition to any other compensation authorized for any such clerk by
other general laws or by local law.
Section 2. This Act shall become effective on January 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
4537
STATE COURT OF POLK COUNTY ABOLISHED.
No. 1148 (House Bill No. 1948).
AN ACT
To repeal an Act establishing the State Court of Polk County,
approved November 18,1901 (Ga. L. 1901, p. 156), as amended by an
Act approved July 27, 1906 (Ga. L. 1906, p. 314), an Act approved
August 14, 1906 (Ga. L. 1906, p. 315), an Act approved August 14,
1906 (Ga. L. 1906, p. 317), an Act approved August 18, 1906 (Ga. L.
1906, p. 318), an Act approved August 17, 1918 (Ga. L. 1918, p. 337),
an Act approved August 18, 1919 (Ga. L. 1919, p. 512), an Act
approved August 19, 1919 (Ga. L. 1919, p. 510), an Act approved
August 18,1923 (Ga. L. 1923, p. 179), an Act approved April 11,1927
(Ga. L. 1927, p. 446), an Act approved July 23, 1931 (Ga. L. 1931, p.
362), an Act approved July 23, 1931 (Ga. L. 1931, p. 365), an Act
approved February 26, 1947 (Ga. L. 1947, p. 687), an Act approved
March 28,1947 (Ga. L. 1947, p. 1245), an Act approved February 17,
1950 (Ga. L. 1950, p. 2701), an Act approved February 21,1951 (Ga. L.
1951, p. 3339), an Act approved December 5, 1952 (Ga. L. 1952, p.
2072), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dee.
Sess., p. 2256), an Act approved December 12, 1953 (Ga. L. 1953, p.
2288), an Act approved February 26, 1957 (Ga. L. 1957, p. 2217), an
Act approved March 11,1964 (Ga. L. 1964, p. 2936), an Act approved
April 10, 1971 (Ga. L. 1971, p. 3816), and an Act approved February
28,1974 (Ga. L. 1974, p. 2067), so as to abolish the State Court of Polk
County; to provide for the disposition of all suits, cases, papers,
processes, books, indexes, and all other matters and materials of said
court; to provide for other matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Polk County,
approved November 18,1901 (Ga. L. 1901, p. 156), as amended by an
Act approved July 27, 1906 (Ga. L. 1906, p. 314), an Act approved
August 14, 1906 (Ga. L. 1906, p. 315), an Act approved August 14,
1906 (Ga. L. 1906, p. 317), an Act approved August 18, 1906 (Ga. L.
1906, p. 318), an Act approved August 17,1918 (Ga. L. 1918, p. 337),
an Act approved August 18, 1919 (Ga. L. 1919, p. 512), an Act
approved August 19, 1919 (Ga. L. 1919, p. 510), an Act approved
August 18,1923 (Ga. L. 1923, p. 179), an Act approved April 11,1927
4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. L. 1927, p. 446), an Act approved July 23, 1931 (Ga. L. 1931, p.
362), an Act approved July 23, 1931 (Ga. L. 1931, p. 365), an Act
approved February 26, 1947 (Ga. L. 1947, p. 687), an Act approved
March 28, 1947 (Ga. L. 1947, p. 1245), an Act approved February 17,
1950 (Ga. L. 1950, p. 2701), an Act approved February 21,1951 (Ga. L.
1951, p. 3339), an Act approved December 5, 1952 (Ga. L. 1952, p.
2072), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dee.
Sess., p. 2256), an Act approved December 12, 1953 (Ga. L. 1953, p.
2288), an Act approved February 26, 1957 (Ga. L. 1957, p. 2217), an
Act approved March 11,1964 (Ga. L. 1964, p. 2936), an Act approved
April 10, 1971 (Ga. L. 1971, p. 3816), and an Act approved February
28,1974 (Ga. L. 1974, p. 2067), is repealed in its entirety and the State
Court of Polk County is abolished.
Section 2. All mesne and final processes for the State Court of
Polk County which have not been executed at the time that this Act
takes effect shall be returned to the Superior Court of Polk County,
Georgia. All civil and criminal cases pending in said State Court of
Polk County on the effective date of this Act are hereby transferred to
the Superior Court of Polk County. All books, papers and records
attaching to such civil actions or such criminal actions shall be
transferred to the proper offices of the Superior Court of Polk
County, and in all other respects the Superior Court of Polk County
shall, on and after the effective date of this Act, stand substitute for
the said State Court of Polk County in civil and criminal matters of
every kind and nature, and all subsequent proceedings shall be the
same as if such cases had been originally filed in the Superior Court of
Polk County. All books, records, indexes and property of any nature
whatsoever shall be and become the property of the Superior Court of
Polk County on and after the effective date of this Act. Nothing
contained herein shall be construed to prohibit the Superior Court of
Polk County from transferring any pending cases transferred to it by
the provisions of this Act to the Probate Court of Polk County or any
other court of competent jurisdiction when such cases involve actions
coming within the jurisdiction of the probate court or such other
courts as provided by the Constitution and laws of this state.
Section 3. This Act shall become effective December 31,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4539
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 1982 Session of the General Assembly of Georgia, an Act to
abolish the State Court of Polk County, effective January 1, 1982
(established November 18, 1901, Ga. L. 1901, p. 156, as amended),
and to provide that all cases of every kind and description pending in
said Court as of January 1,1983 be transferred to the Superior Court
of Polk County, Georgia and for other purposes.
This 22nd day of February, 1982.
Gerry M. Brown, Chairman
Board of Commissioners
Polk County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Cummings who, on oath, deposes
and says that he/she is Representative from the 17th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Cedartown Standard which is the
official organ of Polk County, on the following dates: February 25,
March 4,11,1982.
/s/ Bill Cummings
Representative,
17th District
4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
CITY OF ALPHARETTA CORPORATE LIMITS.
No. 1149 (House Bill No. 1969).
AN ACT
To amend an Act consolidating, creating, revising, and supersed-
ing the several Acts incorporating the City of Alpharetta in the
County of Fulton and creating a new charter for said municipal
corporation, approved April 9, 1981 (Ga. L. 1981, p. 4609), so as to
remove certain property from the corporate limits of said city; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating, creating, revising, and super-
seding the several Acts incorporating the City of Alpharetta in the
County of Fulton and creating a new charter for said municipal
corporation, approved April 9,1981 (Ga. L. 1981, p. 4609), is amended
by adding at the end of Section 1.11 a new subsection (c) to read as
follows:
(c) Notwithstanding the provisions of subsection (a) of this
Section, the following described property is hereby removed from the
corporate limits of the City of Alpharetta and said corporate limits
shall not include the following described property:
GEORGIA LAWS 1982 SESSION
4541
All that tract or parcel of land lying and being in Land Lots
522 and 543 of the First District, Second Section of Fulton
County, Georgia along the north right-of-way line of the New
Mansell Road, a public road in Fulton County, Georgia having an
80 foot right-of-way and being more particularly described as
follows:
BEGINNING in the northeast corner of Land Lot 543, said
district and section, the same being the common corner of Land
Lot 543, 544, 559 and 560; thence running in the direction of north
87 degrees 44 minutes 12 seconds west as measured along the
north line of Land Lot 543, the same being the south line of Land
Lot 544 a distance of 73 feet more or less to a point located at the
intersection of the said north line of Land Lot 543 with the former
northeast right-of-way line of Old Mansell Road, said Old Mansell
Road, having been abandoned following the construction of the
New Mansell Road; thence running in the direction of north 84
degrees 44 minutes 12 seconds west a distance of 55.03 feet to a
point located along the former center-line of Old Mansell Road;
thence running along the following courses and distances as
measured along the former center-line of Old Mansell Road, now
abandoned, and following the curvature thereof, to-wit: thence
running in the direction of north 87 degrees 48 minutes 27 seconds
west a distance of 298.77 feet to a point; thence running in the
direction of north 89 degrees 42 minutes 38 seconds west a
distance of 238.21 feet to a point; thence running in the direction
of north 86 degrees 56 minutes 16 seconds west a distance of
175.69 feet to a point; thence running in the direction of south 89
degrees 52 minutes 6 seconds west a distance of 89.37 feet to a
point; thence running in the direction of north 85 degrees 57
minutes 8 seconds west a distance of 94.15 feet to a point; thence
running in the direction of north 85 degrees 52 minutes 37 seconds
west a distance of 92.26 feet to a point; thence running in the
direction of north 86 degrees 32 minutes 23 seconds west a
distance of 435.96 feet to a point located in Land Lot 522; thence
running in the direction of north 86 degrees 54 minutes 50 seconds
west a distance of 27.27 feet to a point where the said former
center-line of Old Mansell Road intersects the present north
right-of-way line of the New Mansell Road; thence running along
the following courses and distances as measured along the north
right-of-way line of New Mansell Road having an 80 foot right-of-
way and following the curvature thereof, to-wit: South 83 degrees
15 minutes 57 seconds east a distance of 43.07 feet to a point;
4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence running south 83 degrees 17 minutes 53 seconds east a
distance of 69.41 feet to a point; thence running south 83 degrees
51 minutes 3 seconds east a distance of 68.14 feet to a point; thence
running south 83 degrees 57 minutes 0 seconds east a distance of
73.55 feet to a point located in Land Lot 543; thence running south
84 degrees 7 minutes 33 seconds east a distance of 45.52 feet to a
point; thence running in the direction of south 84 degrees 30
minutes 58 seconds east a distance of 53.79 feet to a point; thence
running south 84 degrees 20 minutes 27 seconds east a distance of
53.87 feet to a point; thence running in the direction of south 85
degrees 7 minutes 23 seconds east a distance of 51.80 feet to a
point; thence running south 85 degrees 56 minutes 20 seconds east
a distance of 51.64 feet to a point; thence running south 85 degrees
55 minutes 5 seconds east a distance of 51.83 feet to a point; thence
running south 85 degrees 41 minutes 57 seconds east a distance of
48.95 feet to a point; thence running south 86 degrees 21 minutes
30 seconds east a distance of 887.62 feet to a point; thence running
south 84 degrees 35 minutes 58 seconds east a distance of 14.33
feet to a point; thence running in the direction of south 84 degrees
35 minutes 58 seconds east a distance of 32.32 feet to a point;
thence running south 84 degrees 35 minutes 58 seconds east a
distance of 9.91 feet to a point; thence running in the direction of
south 84 degrees 7 minutes 2 seconds east a distance of 15 feet
more or less to a point, said point being the intersection of the
north right-of-way line of the New Mansell Road with the east line
of Land Lot 543; thence running in a northerly direction as
measured along the east line of Land Lot 543 the same being the
west line of Land Lot 560 a distance of 56.1 feet to a point located
in the northeast corner of Land Lot 543 the same being the point
of beginning.
The above described tract being according to a plat of survey
as prepared by Travis N. Pruitt, Sr., R.L.S. 1729, dated April 16,
1981, revised April 24,1981.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4543
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the present
January, 1982 Session of the General Assembly of Georgia a bill to
amend the act creating a new charter for the City of Alpharetta,
Georgia as approved at the 1981 Session of the Georgia General
Assembly and became effective on July 1, 1981 and all acts amenda-
tory thereof by de-annexing all that tract or parcel of land lying and
being in the 1st District, 2nd Section of formerly Milton, now Fulton
County, Georgia, and being in Land Lots 522, 543 and 560 that lies
north of the northerly line of the right-of-way of the relocated
Mansell Road which is now in the City of Alpharetta.
Jimmy Phillips
Mayor,
City of Alpharetta,
Georgia
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: February
9,16 and 23,1982.
/s/ Luther S. Colbert
Representative,
23rd District
Sworn to and subscribed before me,
this 16th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY AIRPORT AUTHORITY
ACT AMENDED.
No. 1150 (Senate Bill No. 636).
AN ACT
To amend an Act creating and establishing an airport authority
for Gwinnett County, approved April 10, 1971 (Ga. L. 1971, p. 3668),
as amended, particularly by an Act approved April 6, 1981 (Ga. L.
1981, p. 3821), so as to change the provisions relating to the proce-
dures for filling vacancies on the authority; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing an airport authority
for Gwinnett County, approved April 10, 1971 (Ga. L. 1971, p. 3668),
as amended, particularly by an Act approved April 6, 1981 (Ga. L.
1981, p. 3821), is amended by striking subsection (c) of Section 29.1 in
its entirety and substituting in lieu thereof a new subsection (c) to
read as follows:
(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. Such advertise-
ment shall also give notice that interested persons may apply to the
Board of Commissioners of Gwinnett County to request that consid-
eration be given to them for appointment to the authority. The Board
of Commissioners of Gwinnett County shall establish procedures for
interested persons to apply for appointment to the authority.
GEORGIA LAWS 1982 SESSION
4545
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill relating to the
Gwinnett County Airport Authority and for other purposes.
This 5th day of January, 1982.
Steve Reynolds
Senator,
District 48
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Reynolds who, on oath, deposes
and says that he/she is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Gwinnett Daily News which is the official organ
of Gwinnett County, on the following dates: January 8, 15 and 22,
1982.
/s/ Steve Reynolds
Senator,
48th District
4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GWINNETT BUILDING AUTHORITY ACT AMENDED.
No. 1151 (Senate Bill No. 637).
AN ACT
To amend an Act changing certain provisions relating to the
Gwinnett Building Authority, approved April 6,1981 (Ga. L. 1981, p.
3831), so as to change the provisions relating to the procedures for
filling vacancies on the authority; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing certain provisions relating to the
Gwinnett Building Authority, approved April 6,1981 (Ga. L. 1981, p.
3831), is amended by striking Section 3 in its entirety and substitut-
ing in lieu thereof a new Section 3 to read as follows:
Section 3. 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
GEORGIA LAWS 1982 SESSION
4547
the authority the name of the member who has vacated his position
on the authority and the date such vacancy occurred. Such advertise-
ment shall also give notice that interested persons may apply to the
Board of Commissioners of Gwinnett County to request that consid-
eration be given to them for appointment to the authority. The Board
of Commissioners of Gwinnett County shall establish procedures for
interested persons to apply for appointment to the authority.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill relating to the
Gwinnett County Industrial Building Authority and for other pur-
poses.
This 5th day of January, 1982.
Steve Reynolds
Senator, District 48
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Reynolds who, on oath, deposes
and says that he/she is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Gwinnett Daily News which is the official organ
of Gwinnett County, on the following dates: January 8, 15 and 22,
1982.
/s/ Steve Reynolds
Senator,
48th District
4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GLYNN COUNTY JUVENILE COURT
JUDGES SALARY.
No. 1152 (Senate Bill No. 651).
AN ACT
To repeal an Act entitled An Act to increase the salary paid to the
Judge of the Juvenile Court of Glynn County, Georgia; to provide for
the payment of said salary; to repeal all laws in conflict with this Act;
and for other purposes, approved February 26,1957 (Ga. L. 1957, p.
2224), as amended by an Act approved February 26, 1962 (Ga. L.
1962, p. 2267), an Act approved April 9, 1968 (Ga. L. 1968, p. 3365),
and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2960); 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 increase the salary paid to
the Judge of the Juvenile Court of Glynn County, Georgia; to provide
for the payment of said salary; to repeal all laws in conflict with this
Act; and for other purposes, approved February 26, 1957 (Ga. L.
1957, p. 2224), as amended by an Act approved February 26,1962 (Ga.
L. 1962, p. 2267), an Act approved April 9,1968 (Ga. L. 1968, p. 3365),
and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2960), is
repealed in its entirety.
GEORGIA LAWS 1982 SESSION
4549
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a Bill to repeal an
Act setting the compensation of the Judge of Juvenile Court of Glynn
County, Georgia; to repeal conflicting laws; and for other purposes.
This 6th day of January, 1982.
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 Brunswick News which is the official organ of
Glynn County, on the following dates: Jan. 8,15 & 22,1982.
/s/ Bill Littlefield
Senator,
6th District
4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 10th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
COBB COUNTY COMMISSIONER DISTRICTS.
No. 1154 (Senate Bill No. 659).
AN ACT
To amend an Act creating the board of commissioners of Cobb
County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as
amended, so as to change the provisions relating to districts for the
election of commissioners; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Cobb
County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as
amended, is amended by striking Section 2 (A) in its entirety and
inserting in lieu thereof a new Section 2 (A) to read as follows:
Section 2 (A). Commissioner Districts, (a) The Commission
established herein shall consist of five members of which four mem-
bers shall be known as Commissioners and one member shall be
known as Chairman. The Chairman shall be elected by the voters of
the entire county. The other four positions of the Commission shall
be designated as Commissioner, Post No. 1, Commissioner, Post No.
2, Commissioner, Post No. 3, Commissioner, Post No. 4. Only those
GEORGIA LAWS 1982 SESSION
4551
persons who possess the qualifications set forth hereinafter and who
reside in the territory of Cobb County known as the Eastern District,
as hereinafter described, shall be eligible to offer for election to
Commissioner Posts No. 1 and 2. Only those persons who possess the
qualifications set forth hereinafter and who reside within that
territory of Cobb County known as the Western District, as herein-
after described, shall be eligible to offer for election to Commissioner
Posts No. 3 and 4. Persons offering for Commissioner Posts No. 1, 2,
3, and 4 shall be elected only by the qualified voters residing within
the respective Eastern or Western District from which such persons
offer as candidates.
(b) (1) The Eastern District shall encompass the following
territory and be described as follows:
Eastern District:
Cobb
Tracts 303.01 through 303.05
Tract 303.06
Block Groups 1 and 2
Block 301
That part of Block 302 outside
the City of Marietta
Blocks 303 through 311
Block Groups 4 through 6 and 9
Tract 304.01
Block Groups 1 and 2
That part of Block 502 outside
the City of Marietta
Blocks 503, 516 through 518, 521, 523,
and 524
Blocks 902 through 904, 909, and 910
That part of Block 911 outside the
City of Marietta
Blocks 912 through 919
That part of Block 920 outside
the City of Marietta
4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 304.02
Tract 304.03
Block Group 3
Blocks 401 through 403
Those parts of Blocks 404 and 405
outside the City of Marietta
Blocks 408 through 410
Those parts of Blocks 411 and 426
outside the City of Marietta
Block 427
That part of Block 428 outside
the City of Marietta
Blocks 503 through 508 and 510
through 513
Blocks 601 and 602
That part of Block 603 outside the
City of Marietta
Blocks 604 through 606
That part of Block 607 outside the
City of Marietta
Blocks 608 and 609
That part of Block 610 outside the
City of Marietta
Those parts of Blocks 701 through 703
outside the City of Marietta
Block Group 9
Tract 305
Block Groups 1 and 2
Blocks 301, 302, 305, and 307 through 310
Those parts of Blocks 311, 313, 316, and
317 outside the City of Marietta
Blocks 318 through 323
Those parts of Blocks 326 through 328
outside the City of Marietta
Blocks 329 through 335
Those parts of Blocks 406 and 413 through
415 outside the City of Marietta
Blocks 419, 420, 502, and 504 through 510
Those parts of Blocks 511, 512, and 525
outside the City of Marietta
Block 526
GEORGIA LAWS 1982 SESSION
4553
Those parts of Blocks 616 and 618
outside the City of Marietta
Block Groups 7 and 8
Tract 310.01
Those parts of Blocks 216 and 228
within the City of Smyrna
That part of Block 901 within
the City of Smyrna
Tract 310.02
That part of Block 120 within the
City of Smyrna
Tract 310.03
That part of Block 110 within the
City of Smyrna
Block 112
Tract 311.01
Tract 311.02
Blocks 101 through 109, 113, and 114
That part of Block 115 outside
the City of Marietta
Blocks 116, 117, and 119 through 123
Block Groups 2 through 4
Tracts 311.03 and 311.05
Tract 311.06
Block 410
Tracts 311.07, 312.01, and 312.02
Tract 313.01
Blocks 234 and 235
Block Groups 4 and 9
(2) The Western District shall encompass the following
territory and be described as follows:
Western District
Cobb
Tracts 301 and 302.01 through 302.03
Tract 303.06
That part of Block 302 within the City of
Marietta
4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 304.01
That part of Block 502 within the City
of Marietta
Those parts of Blocks 911 and 920 within
the City of Marietta
Tract 304.03
Those parts of Blocks 404, 405, and
411 within the City of Marietta
Blocks 412 through 415, 418 through
421, and 423 through 425
Those parts of Blocks 426 and 428
within the City of Marietta
Blocks 429 and 430
Block 501
Those parts of Blocks 603, 607, and
610 within the City of Marietta
Those parts of Blocks 701 through
703 within the City of Marietta
Block 705
Tract 305
Those parts of Blocks 311 and 313 within
the City of Marietta
Blocks 314 and 315
Those parts of Blocks 316 and 317 within
the City of Marietta
Blocks 324 and 325
Those parts of Blocks 326 through 328
within the City of Marietta
Blocks 402 and 403
That part of Block 406 within the
City of Marietta
Blocks 407, 408, 410, and 411
Those parts of Blocks 413 through 415
within the City of Marietta
Blocks 416 and 417
Those parts of Blocks 511 and 512
within the City of Marietta
Blocks 515 through 524
GEORGIA LAWS 1982 SESSION
4555
That part of Block 525
within the City of Marietta
Blocks 601, 605 through 611, and 614
Those parts of Blocks 616 and 618
within the City of Marietta
Blocks 619 through 624
Tracts 306 through 309
Tract 310.01
Block Group 1
Blocks 201 through 207, 209, 210,
and 212 through 215
That part of Block 216 outside the
City of Smyrna
Blocks 217 through 227
That part of Block 228 outside
the City of Smyrna
Blocks 229 through 231
That part of Block 901 outside
the City of Smyrna
Blocks 902 and 903
Tract 310.02
Blocks 101 through 111 and 115 through 119
That part of Block 120 outside the
City of Smyrna
Blocks 122 through 125
Block Group 2
Tract 310.03
Blocks 102 through 105 and 107 through 109
That part of Block 110 outside the
City of Smyrna
Blocks 111 and 113
Block Groups 2 through 8
4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 311.02
That part of Block 115 within
the City of Marietta
Block Group 5
Tract 311.06
Blocks 401 through 409, 411, 412, 414
through 416, 418, and 419
Block Group 5
Tract 313.01
Block Group 1
Blocks 201 through 209, 214 through 217,
and 219 through 233
Block Groups 3 and 5
Tracts 313.02, 313.04, 313.05, 314.01,
314.02, and 315
(c) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any representative district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular
1982 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.
GEORGIA LAWS 1982 SESSION
4557
This 31st day of Dec. 1981.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A1 Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Ken Nix
Mr. 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: Dec. 31,1981 & Jan. 8,
15,22,1982.
/s/ Joe Thompson
Senator,
32nd District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MARIETTA BOARD OF EDUCATION.
No. 1155 (Senate Bill No. 686).
AN ACT
To amend an Act creating a system of public schools for the City of
Marietta, approved December 29, 1890 (Ga. L. 1890, p. 1014), as
amended, particularly by an Act approved April 4,1967 (Ga. L. 1967,
p. 2591), so as to change the time at which members of the board of
education are appointed; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a system of public schools for the City
of Marietta, approved December 29, 1890 (Ga. L. 1890, p. 1014), as
amended, particularly by an Act approved April 4,1967 (Ga. L. 1967,
p. 2591), is amended by striking from Section 2 of said Act the
following:
The board of education of the City of Marietta shall consist of six
(6) members who shall be chosen as follows: two (2) members shall be
chosen by city council at its first regular meeting in May, 1967, whose
terms will begin June 1,1967, and expire December 31,1969. There-
after, beginning in 1968, Council will, at the first regularly scheduled
meeting in September, 1968 and each first regular meeting in
September each year thereafter, cause an advertisement to be pre-
pared and inserted in a newspaper of general circulation in the City of
Marietta, which advertisement will announce that the city council
will select two (2) persons at its first regularly scheduled meeting in
December to serve for three (3) years on the city school board. Said
interested persons shall contact the school superintendent for an
explanation of the qualifications, duties, and responsibilities of pro-
spective members as defined from time to time by city council. At the
first regularly scheduled meeting in December, the city council shall
GEORGIA LAWS 1982 SESSION
4559
elect two (2) persons for a term which shall begin January 1 immedi-
ately following their election and shall continue for a period of three
(3) years or until their successors are chosen.,
and inserting in lieu thereof the following:
The board of education of the City of Marietta shall consist of six
members who shall be chosen as follows: two members shall be
chosen by the city council at its first regular meeting in May, 1967,
whose terms will begin June 1, 1967, and expire December 31, 1969.
Thereafter, beginning in 1968, council will at the first regularly
scheduled meeting in September, 1968, and each first regular meeting
in September each year thereafter cause an advertisement to be
prepared and inserted in a newspaper of general circulation in the
City of Marietta, which advertisement will announce that the city
council will select two persons at its first regularly scheduled meeting
in January to serve for three years on the city school board. Said
interested persons shall contact the school superintendent for an
explanation for the qualifications, duties, and responsibilities of
prospective members as defined from time to time by the city council.
At the first regularly scheduled meeting in January, the city council
shall select two persons for a term which shall begin the first Monday
in January immediately following said meeting and shall continue for
a period of three years or until their successors are chosen.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular
1982 session of the General Assembly of Georgia a bill to amend an act
creating Public Schools for Marietta, Georgia (Ga. L. 1890, p. 1014) as
heretofore amended; and for other purposes.
This 31st day of Dec. 1981.
4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Barnes who, on oath, deposes
and says that he is Senator from the 33rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Marietta Daily Journal which is the official
organ of Cobb County, on the following dates: Dec. 31,1981 & Jan. 1,8
& 15,1982.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4561
CITY OF MARIETTA CHARTER AMENDED.
No. 1156 (Senate Bill No. 687).
AN ACT
To amend an Act reincorporating the City of Marietta in Cobb
County and creating a new charter for said city, approved March 23,
1977 (Ga. L. 1977, p. 3541), as amended, so as to change the date for
holding certain elections; to change the time at which the mayor pro
tem is appointed; to change the time at which one member of the
board of lights and waterworks is appointed; to provide for judges of
the municipal court and a solicitor of the city court; to provide for
qualifications; to provide for additional personnel; to provide for a
municipal court; to provide for personnel of said court; to provide for
the powers, duties, and jurisdiction of said court; to provide for
punishment in said court; to provide for the procedures of said court;
to provide for rules of said court and for appeals from said court; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Marietta in Cobb
County and creating a new charter for said city, approved March 23,
1977 (Ga. L. 1977, p. 3541), as amended, is amended by striking the
first undesignated subsection of Section 2.4 in its entirety and insert-
ing in lieu thereof a new subsection to read as follows:
The present mayor and councilmen in the city shall continue in
office during the terms for which they were elected, and on the first
Tuesday in October, 1985, and every four years on said day thereafter
an election shall be held in said city for a mayor and seven council-
men.
Section 2. Said Act is further amended by striking Section 2.7 in
its entirety and inserting in lieu thereof a new Section 2.7 to read as
follows:
Section 2.7. Mayor pro tem; presiding officer. The mayor pro
tem shall be appointed at the January meeting of each year for a term
of one year from the councilmen by the mayor with the consent of a
majority of the council. The mayor pro tem shall be clothed with all
rights, powers, and duties of the mayor during the absence or disabil-
4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ity of the latter officer. If there shall be a vacancy in the office of the
mayor pro tem, the mayor, with the consent of a majority of the
council, may fill the same at any regular meeting of the council, or in
vacation. In the event of the death or resignation of the mayor or his
removal from office, the mayor pro tem shall discharge the duties of
the mayor or until the vacancy is filled by the selection of a successor
as hereinafter provided. If the mayor should not appoint, with the
consent of council, a mayor pro tem by January 31 of each year, the
council may select the mayor pro tem by majority vote of the council.
Section 3. Said Act is further amended by striking Section 4.11
in its entirety and inserting in lieu thereof a new Section 4.11 to read
as follows:
Section 4.11. Municipal court, (a) (1) There is created the
office of judge of the municipal court or associate judges, as may
be deemed appropriate, who shall be appointed by the mayor, and
such officer is subject to removal by the mayor. The mayor may
serve as judge ex officio. The judge or judges shall preside over the
municipal court for the trial of offenders against the ordinances of
the city. The judge or judges shall have the full power and
authority as provided hereinafter in this charter in Article VI and
in the laws of the state. The compensation of the judges shall be
fixed by ordinance.
(2) A municipal court solicitor or assistant solicitors may be
appointed to serve at the pleasure of and upon the concurrence of
the mayor and a majority of the city council, and such officer is
subject to removal upon the concurrence of the mayor and a
majority of this council. The duties of the solicitors shall be those
hereinafter set forth in Article VI, Section 6.6 of this charter.
Compensation of the solicitors shall be fixed by ordinance.
(b) Notwithstanding any other provision of this charter, no
person shall serve as city solicitor or municipal court judge unless he
or she is a member in good standing of the State Bar of Georgia.
(c) A municipal court clerk and such other personnel as may be
deemed appropriate may be appointed to serve at the pleasure of the
mayor and upon concurrence of the mayor and a majority of the city
council, and such personnel are subject to removal upon the concur-
rence of the mayor and a majority of the council. The duties of said
personnel shall be provided for by ordinance. The compensation of
such personnel shall be fixed by ordinance.
GEORGIA LAWS 1982 SESSION
4563
Section 4. Said Act is further amended by striking Section 5.1 in
its entirety and inserting in lieu thereof a new Section 5.1 to read as
follows:
Section 5.1. Created; membership; terms; etc. The board of
lights and waterworks, hereinafter referred to as board is hereby
declared and created a body corporate, with all the powers incident to
and necessary to its duties and which has the right to sue and be sued
and power to make all contracts and obligations necessary to the
duties that devolve upon it, and which shall consist of the mayor of
the city and a member of the council of the City of Marietta who shall
be appointed by the mayor, with the consent of the majority of
council, each January to be effective on the first Monday in January
following such appointment for a one-year term and of three residents
of Marietta. If a nomination of a member of the council is not made
by the mayor by January 31 of each year, the councilmen may select
the council appointment from the council by majority vote. The clerk
of the city council shall be ex officio clerk of the board of lights and
waterworks, but shall not be a member of the board and shall have
such duties as said board may impose upon him, and he shall be
allowed such compensation as said board of lights and waterworks
may fix previous to entering upon his duties. The resident members
of the board shall be elected by a majority vote of the council and shall
serve for a term of four years and, at the end of said time, or sooner if
there should be a vacancy in any one of said places, their successors
shall be elected by the council for the term of four years from the time
of said election. The members of the board shall be paid such
compensation as is set by the council.
Section 5. Said Act is further amended by striking Article VI in
its entirety and inserting in lieu thereof a new Article VI to read as
follows:
ARTICLE VI
MUNICIPAL COURT
Section 6.1. Creation; jurisdiction. There shall be a court of the
city, to be known as The Municipal Court of Marietta, Georgia,
which shall be vested with all the jurisdiction and powers throughout
the city generally granted to mayors, recorders, police courts, or
municipal courts and particularly as to the abatement of nuisances,
prosecution of traffic violations, and violations of other ordinances of
the city.
4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.2. Chief judge, associate judges; appointments; compen-
sation; oaths; removal, (a) The municipal court shall be presided
over by a chief judge and by such associate judges as shall be provided
by ordinance. All judges shall be appointed by the mayor.
(b) Only persons who are active members of the State Bar of
Georgia and in good standing shall be qualified and eligible to serve as
judge of the municipal court.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Before entering on the duties of the office, each judge shall
take an oath given by the mayor that he or she will honestly and
faithfully discharge the duties of the office to the best of his or her
ability without fear, favor, or partiality. The oath shall be entered
upon the minutes of the council.
(e) The mayor may serve as judge ex officio of the court.
(f) All judges shall serve at the pleasure of the mayor, and any
judge may be removed from office by the mayor.
Section 6.3. Convening; powers; punishments, (a) The municipal
court shall convene in the council room or such other place as the
council may designate.
(b) The municipal court shall have the authority to:
(1) Preserve order, continue cases, and assess bail for the
appearance of the accused party;
(2) Compel the production of evidence in the possession of
any party with the same authority as the superior court and
compel the presence of all parties, residents within or without the
limits of the city, necessary to a proper disposal of each case by the
issuance of subpoenas and warrants which may be served and
executed by an officer as authorized by ordinance or by general
state law;
(3) Administer all oaths and perform all other acts neces-
sary in the conduct of said court; and
GEORGIA LAWS 1982 SESSION
4565
(4) In cases where it is made to appear that state law has
been violated, bind the offender over to the proper court for trial
and to assess bail for his appearance at said court.
(c) The municipal court shall have the power and authority to
impose upon the violator of any law or ordinance of the city for each
violation thereof the following punishments: a fine not to exceed
$500.00, commitment at labor upon the public works and streets of
the city for a period of not more than 60 days, confinement in the jail
or other place of imprisonment in the county for a period of not more
than six months; or any one or all of the foregoing punishments when
the facts of the case justify such punishments. Each contempt of the
municipal court shall be punishable either by imposition of a fine not
exceeding $100.00 or by confinement in the jail or other place of
imprisonment in the county not exceeding 20 days.
(d) The municipal court and the judges thereof shall have such
additional jurisdiction, powers, and authority as may be conferred by
ordinance and the laws of the state.
Section 6.4. Rules of court. The chief 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
court. The rules and regulations made or adopted by said court shall
be filed with the city clerk and shall be made available for public
inspection.
Section 6.5. Certiorari. When any party in any cause in the
municipal court shall be dissatisfied with the decision or judgment in
such cause, such party may apply for and obtain a writ of certiorari by
petition to the superior court, as provided by general law.
Section 6.6. Solicitor, (a) A solicitor and such assistant solicitors
as may be deemed appropriate may be appointed by a concurrence of
the mayor and a majority of the council. All solicitors shall serve at
the pleasure of the mayor and council and may be removed from
office by a concurrence of the mayor and a majority of the council.
(b) Compensation of the solicitors shall be fixed by ordinance.
(c) The duties of the solicitors shall be to:
4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Prosecute persons charged with violating ordinances of
the city;
(2) Aid the police department in the preparation of cases for
trial;
(3) Assist the judges and other officers and personnel of the
courts in achieving justice in all cases and in the efficient and
expeditious performance of their duties; and
(4) Perform such other duties as are or may be required by
law or by ordinance or which necessarily appertain to his office.
Section 6.7. Municipal court clerk. A municipal court clerk may
be appointed by the concurrence of the mayor and a majority of the
council and such clerk shall serve at the pleasure of the mayor and
council and may be removed by the concurrence of the mayor and a
majority of the council. The compensation of the municipal court
clerk shall be fixed by ordinance. The municipal court clerk shall
perform such duties as may be established by the council.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular
1982 session of the General Assembly of Georgia, a bill to amend an
act reincorporating the City of Marietta, Georgia in Cobb County and
creating new charter for said city approved March 23, 1977 (Ga. L.
1977, p. 35-41) and for other purposes.
This 31st day of Dec. 1981.
GEORGIA LAWS 1982 SESSION
4567
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
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: Dec. 31,1981 & Jan. 8,
15,22,1982.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 16th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
OCONEE COUNTY PUBLIC UTILITY AUTHORITY
ACT AMENDED.
No. 1157 (House Bill No. 647).
AN ACT
To amend an Act known as the Oconee County Public Utility
Authority Act, approved March 18,1980 (Ga. Laws 1980, p. 3429), so
as to change the provisions relating to the filling of vacancies in the
membership of the Authority; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Oconee County Public Utility
Authority Act, approved March 18,1980 (Ga. Laws 1980, p. 3429), 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. Vacancies. In the event of a vacancy in the member-
ship of the Authority by reason of completion of term, death, cause,
resignation, or disability, said vacancy shall be filled in the following
manner. A vacancy in Posts 1 and 3 shall be filled by appointment of
the Council of Watkinsville of a person nominated by the Authority.
Posts 2 and 4 shall be filled by appointment of the Board of Commis-
sioners of Oconee County of a person nominated by the Authority. In
the event the Council of Watkinsville or the Board of Commissioners
of Oconee County rejects a nominee of the Authority, the Authority
shall submit another nominee, or nominees, to said Council or Board
of Commissioners until a successor member is appointed. When the
Council or the Board of Commissioners rejects a nominee of the
Authority, the reasons for the rejection shall be stated in writing to
the Authority. The Authority shall submit a nomination to the
respective appointing Authority within six months of the vacancy.
Post 5 shall be filled by the remaining members of the Authority.
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
GEORGIA LAWS 1982 SESSION
4569
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 known as the Oconee County Public Utility Authority Act,
approved March 18, 1980 (Ga. Laws 1980, p. 3429); and for other
purposes.
This 30th day of December, 1980.
James H. Mosbey, Jr.
Attorney for Oconee
County Public Utility
Authority
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 Oconee Enterprise which is the
official organ of Oconee County, on the following dates: January 8,15,
22,1981.
/s/ Louie Max Clark
Representative,
13th District
4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 12, 1982.
GLYNN COUNTY BOARD OF COMMISSIONERS.
No. 1158 (House Bill No. 1854).
AN ACT
To amend an Act creating a Board of Commissioners of Glynn
County, Georgia, approved February 11,1937 (Ga. L. 1937, p. 1336),
as amended, particularly by an Act approved March 18,1976 (Ga. L.
1976, p. 2949), so as to change the number, composition, and method
of election of members of the board of commissioners; to provide for
the election and terms of members of the board of commissioners; to
provide for the preservation of the terms of current members of the
board of commissioners; to provide for matters relative to the forego-
ing; to provide 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, Georgia, approved February 11, 1937 (Ga. L. 1937, p. 1336),
as amended, particularly by an Act approved March 18,1976 (Ga. L.
1976, p. 2949), is amended by striking Section 1 in its entirety and
inserting in lieu thereof a new Section 1 to read as follows:
GEORGIA LAWS 1982 SESSION
4571
Section 1. (a) There is hereby created the Board of Commis-
sioners of Glynn County to be composed of seven members to be
elected as hereinafter provided. For the purpose of electing members
of the board of commissioners, Glynn County shall be divided into
five commissioner districts as follows:
District No. 1
Glynn
Tract 9902
Blocks 101 through 104, 107,
108, 111, and 118 through 123
Block Groups 2 through 4
Tract 9908
Block Groups 1 through 4
Blocks 526 and 527
District No. 2
Glynn
Tract 9901
Tropf QQ09
Blocks 105, 106, 116, and 117
Tract 9908
Blocks 501 through 525, 528
through 536, and 538
District No. 3
Glynn
Tract 9902
Blocks 109 and 110
4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9903
Blocks 101 through 134
Those parts of Blocks 135 and 136
outside the City of Brunswick
Blocks 137 and 139
That part of Block 140 outside the
City of Brunswick
Block 161
Tract 9904
Block Group 1
Blocks 201 through 214 and 220
through 234
Block Groups 3 and 4
Tract 9905
Block 101
Those parts of Blocks 102 and 104
outside the City of Brunswick
District No. 4
Glynn
Tract 9903
Those parts of Blocks 135 and 136
within the City of Brunswick
Block 138
That part of Block 140 within the
City of Brunswick
Blocks 141 through 145 and 147
through 155
Block Groups 2 and 3
Blocks 401 through 408
Tract 9904
Blocks 215 through 219
Tract 9905
That part of Block 102 within the
City of Brunswick
Block 103
That part of Block 104 within the
City of Brunswick
Blocks 105 through 107
Block Groups 2 through 7
Blocks 801 through 821 and 824
through 837
GEORGIA LAWS 1982 SESSION
4573
District No. 5
Glynn
Tract 9902
Block 112
Tract 9903
Blocks 409 through 441
Tract 9905
Blocks 822, 823, and 838
through 846
Tracts 9906, 9907, and 9907.99
(b) For the purposes of subsection (a) of this section, the term
Tract, Block Group, and Block means and shall describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia. Whenever the description of a commissioner
district refers to a named city, it shall mean the geographical bound-
aries of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia. Any part of Glynn
County which is not included in any commissioner district described
in subsection (a) of this section shall be included within that commis-
sioner district contiguous to such part which contains the least
population according to the United States decennial census of 1980
for the State of Georgia.
(c) In addition there shall be two at-large positions on the board
of commissioners which shall be designated at-large post 1 and at-
large post 2.
(d) There shall be elected to the Board of Commissioners of
Glynn County one member from each of the commissioner districts
who shall be elected by the qualified voters of the commissioner
district which he represents. There shall be elected to the Board of
Commissioners of Glynn County two at-large members who shall be
elected by the qualified voters of the entire county. Candidates for
election at-large shall designate the post for which they are candi-
dates; all other candidates shall offer for election to the board from
the commissioner district in which their legal residence lies.
(e) The members of the Board of Commissioners of Glynn
County who are in office on December 31, 1982, and whose terms
expire on December 31, 1984, shall serve out the remainder of their
terms. In order to preserve said terms, the members of the board who
4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
are in office on December 31,1984, and who are residents of commis-
sioner districts 1, 2, and 5 are hereby designated the members from
commissioner districts 1, 2, and 5 respectively. The at-large member
of the board who is in office on December 31, 1984, is hereby
designated the member from at-large post 2. At the 1982 general
election, members of the board from commissioner districts 3 and 4
and at-large post 1 shall be elected. The members elected at said
election from commissioner districts 3 and 4 and the at-large member
elected to at-large post 1 shall serve four-year terms and until their
successors are elected and qualified. Thereafter, members who are
elected to succeed members of the Board of Commissioners of Glynn
County shall be elected at the general election which is conducted in
that year in which the members respective terms of office expire,
shall take office on the first day of January following their election,
and shall serve for a term of four years and until their successors are
duly elected and qualified.
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 sire
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a Board of Commissioners of Glynn County, approved
February 11, 1937 (Ga. L. 1937, p. 1136), so as to change certain
provisions relative to the composition and method of election of
members of the board of commissioners; to provide for other matters
relative to the foregoing; and for other purposes.
This 10th day of February, 1982.
Honorable Dean G. Auten
Representative,
154th District
GEORGIA LAWS 1982 SESSION
4575
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Dean 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: February 15, 22 and
March 1,1982.
/s'/ Dean G. Auten
Representative,
154th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
WALTON COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1160 (House Bill No. 1856).
AN ACT
To amend an Act creating the Small Claims Court of Walton
County, approved April 6,1981 (Ga. L. 1981, p. 3834), so as to require
4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said court to make a contribution from the fees collected to the board
of trustees of the Walton County Law Library; to provide for sever-
ability; to provide 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 Small Claims Court of Walton
County, approved April 6,1981 (Ga. L. 1981, p. 3834), is amended by
striking Section 5 in its entirety and inserting in lieu thereof a new
Section 5 to read as follows:
Section 5. All fees collected by the judge, except those required
to be forwarded to the treasurer of the board of trustees of the Walton
County Law Library, as herein authorized, shall be retained by him as
his sole remuneration.
Section 2. Said Act is further amended by adding at the end of
Section 8 a new subsection (c) to read as follows:
(c) In each claim or proceeding filed in the small claims court,
the sum of $2.00, in addition to all other legal costs herein authorized,
shall be collected for the use and benefit of the Walton County Law
Library in accord with the provisions contained in an Act authorizing
counties to establish and maintain law libraries, approved March 19,
1971 (Ga. L. 1971, p. 180), as amended, or Chapter 15 of Title 36 of the
Official Code of Georgia Annotated. The clerk of the small claims
court shall collect said fees and remit the same to the treasurer of the
board of trustees of the Walton County Law Library on the first day
of each month.
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
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 1982 SESSION
4577
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an act
creating and establishing the Small Claims Court of Walton County,
approved April 6, 1981 (Ga. Laws 1981, p. 3834); and for other
purposes.
This 29th day of January, 1982.
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 4,11,18 & 25.
/s/ James F. Milhous, Jr.
Publisher
Sworn to and subscribed before me,
this 8th day of March, 1982.
4578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Jean F. Head
Notary Public.
My Commission Expires April 20, 1985.
Approved April 12, 1982.
CHEROKEE COUNTY COMPENSATION OF
NAMED OFFICERS.
No. 1162 (House Bill No. 1858).
AN ACT
To amend an Act placing the sheriff, clerk of the superior court,
tax commissioner, and judge of the Probate Court of Cherokee
County on the salary system in lieu of fees, approved March 9, 1959
(Ga. L. 1959, p. 2494), as amended, so as to change the compensation
of the clerk of the superior court, judge of the probate court, and tax
commissioner of Cherokee County; to change the maximum salary for
full-time employees of the elected officers of Cherokee County; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff, clerk of the superior court,
tax commissioner, and judge of the Probate Court of Cherokee
County on the salary system in lieu of fees, approved March 9, 1959
(Ga. L. 1959, p. 2494), as amended, is amended by striking subsection
(a) of Section 3 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) The clerk of the superior court shall be compensated in the
amount of $24,000.00 per annum, to be paid in equal monthly
installments from the funds of Cherokee County. Such compensation
shall be in lieu of all fees, costs, and perquisites of whatever kind
heretofore received by the clerk of the superior court.
GEORGIA LAWS 1982 SESSION
4579
Section 2. Said Act is further 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) The judge of the probate court shall be compensated in the
amount of $22,500.00 per annum, to be paid in equal monthly
installments from the funds of Cherokee County. Such compensation
shall be in lieu of all fees, costs, and perquisites of whatever kind
heretofore received by the judge of the probate court.
Section 3. Said Act is further amended by striking subsection (a)
of Section 5 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) The tax commissioner shall be compensated in the amount
of $24,000.00 per annum to be paid in equal monthly installments
from the funds of Cherokee County. It is specifically provided that
the salary provided herein for the tax commissioner shall be in lieu of
all fees, commissions, costs, fines, emoluments, and perquisites of
whatever kind, including those commissions allowed by Code Section
92-5301 relating to the commission on taxes collected in excess of a
certain percentage of the taxes due according to the tax net digest, as
amended, and including fees provided by an Act relating to services
rendered by tax collectors and tax commissioners as tag agents
designated by the state revenue commissioner, approved March 9,
1955 (Ga. L. 1955, p. 659), as amended.
Section 4. Said Act is further amended by striking Section 6A in
its entirety and inserting in lieu thereof a new Section 6A to read as
follows:
Section 6A. The governing authority of Cherokee County is
hereby authorized to fix the number, salary, compensation, and
expenses of the deputies, clerks, assistants, and other personnel
employed by the sheriff, the clerk of the superior court, the tax
commissioner, and the judge of the Probate Court of Cherokee
County. The minimum salary for said employees shall be $4,200.00
per annum when employed full time. The maximum salary for said
employees shall be $18,000.00 per annum when employed full time.
The governing authority of Cherokee County is authorized to estab-
lish and maintain retirement or pension systems and insurance,
workers compensation, and hospitalization benefits for said employ-
ees. However, it shall be within the sole power and authority of the
4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sheriff, the judge of the probate court, the clerk of the superior court,
and the tax commissioner to employ and prescribe the duties and
assignments and to fire the employees of their respective offices.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
placing the sheriff, clerk of the superior court, tax commissioner, and
judge of the Probate Court of Cherokee County on the salary system
in lieu of fees, approved March 2, 1959 (Ga. L. 1959, p. 2494), as
amended, so as to change the compensation of the probate judge,
clerk of court, and tax commissioner of Cherokee County; to change
the maximum salary for full-time employees of the elected officers of
Cherokee County; and for other purposes.
This 27th day of January, 1982.
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 Cherokee Tribune which is
the official organ of Cherokee County, on the following dates: Jan. 27,
1982 & Feb. 3 & 10,1982.
GEORGIA LAWS 1982 SESSION
4581
/s/ Wendell T. Anderson
Representative,
8th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
PROBATE COURTS DISPOSITION OF FINES,
ETC. IN CERTAIN COUNTIES
(13,700 - 13,900) (15,200 - 15,400).
No. 1163 (House Bill No. 1860).
AN ACT
To amend an Act providing for the disposition and application of
insolvent costs from fines and forfeitures arising from motor vehicle
traffic cases in the probate courts of all counties having a population
of not less than 13,700 and not more then 13,900 according to the
United States decennial census of 1970 or any future such census,
approved March 21, 1974 (Ga. L. 1974, p. 2614), 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 providing for the disposition and application
of insolvent costs from fines and forfeitures arising from motor
4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vehicle traffic cases in the probate courts of all counties having a
population of not less than 13,700 and not more then 13,900 according
to the United States decennial census of 1970 or any future such
census, approved March 21, 1974 (Ga. L. 1974, p. 2614), is amended
by striking Section 1 in its entirety and substituting in lieu thereof a
new Section 1 to read as follows:
Section 1. In all counties of this State having a population of not
less than 15,200 and not more than 15,400, 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 of the State shall be applied, divided and
paid, on the effective date of this Act, with 66 2/3 % of such insolvent
costs being paid into the general funds of the county and 33 1/3 % of
such insolvent costs being paid to the judge of the probate court. All
insolvent costs arising in the probate courts of such counties after the
effective date of this Act from cases involving the violation of any
motor vehicle traffic law of this State shall be applied, divided and
paid on or before the first day of January of each year, with 66 2/3%
of such insolvent costs being paid into the general funds of the county
and 33 1/3% 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 compensation.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
4583
COUNTY CLERKS COMPENSATION IN
CERTAIN COUNTIES (2,000 or less)
(2,100 - 2,300).
No. 1165 (House Bill No. 1863).
AN ACT
To amend an Act providing for the compensation of the county
clerk in all counties of this state having a population of 2,000 or less
according to the United States decennial census of 1970 or any future
such census, approved March 30,1977 (Ga. L. 1977, p. 4263), 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 providing for the compensation of the county
clerk in all counties of this state having a population of 2,000 or less
according to the United States decennial census of 1970 or any future
such census, approved March 30, 1977 (Ga. L. 1977, p. 4263), is
amended by striking Section 1 in its entirety and substituting in lieu
thereof a new Section 1 to read as follows:
Section 1. The county clerk in each county of the State having a
population of not less than 2,100 nor more than 2,300 according to the
United States Decennial Census of 1980 or any future such census
shall receive compensation determined within the discretion of the
governing authority of the county, such compensation to be in an
amount not less than $1,200.00 per annum and not more than
$3,000.00 per annum. The compensation of the county clerk shall be
payable in equal monthly installments from county funds.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BARTOW COUNTY COMPENSATION OF BOARD
OF EDUCATION, REFERENDUM.
No. 1166 (House Bill No. 1864).
AN ACT
To provide that the members of the Bartow County Board of
Education shall be compensated as provided by the general laws of
the State of Georgia; to provide for a referendum; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) Notwithstanding the provisions of an amend-
ment to the Constitution providing for the compensation of the
members of the Bartow County Board of Education, such amendment
being set forth in Ga. L. 1953, Nov.-Dee. Sess., p. 540, the members of
said board shall be compensated as provided in subsection (b).
(b) The members of the Board of Education of Bartow County
shall be compensated as provided by the general laws of the State of
Georgia, relating to compensation for members of county boards of
education, as such laws may now or hereafter be amended.
Section 2. After the date of the approval of this Act by the
Governor or after it otherwise becomes law, it shall be the duty of the
election superintendent of Bartow County to issue the call for an
election for the purpose of submitting this Act to the electors of the
Bartow County School District for approval or rejection. The election
superintendent shall set the date of the election for the same day in
1982 at which the general primary elections are held and shall issue
the call for the election at least 30 days prior to the date thereof. The
election superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Bartow County.
The ballot shall have written or printed thereon the following:
( ) YES Shall an Act providing that the
( ) NO compensation of the members of
the Board of Education of Bartow
County be as provided by general
law be approved?
GEORGIA LAWS 1982 SESSION
4585
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 Bartow County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly a bill providing that the members of
the Board of Education of Bartow County shall be compensated as
provided by general law; and for other purposes.
This, the 29 day of January, 1982.
King Chamblee
Chairman of the Board
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: February 4, 11 and
18,1982.
4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
BARTOW COUNTY SUPERINTENDENT OF
SCHOOLS, REFERENDUM.
No. 1167 (House Bill No. 1865).
AN ACT
To provide that the Superintendent of Schools of the Bartow
County School District shall be elected by the Board of Education of
Bartow County; to provide that the superintendent of schools shall
serve at the pleasure of the board and shall be compensated and
qualified as provided by general 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. Notwithstanding the provisions of an amendment to
the Constitution providing for the Board of Education of Bartow
County and the superintendent of schools, such amendment being set
forth in Ga. L. 1953, Nov.-Dee. Sess., p. 540, the Superintendent of
Schools of the Bartow County School District shall be elected and
serve as provided in this Act.
GEORGIA LAWS 1982 SESSION
4587
Section 2. (a) The Superintendent of Schools of the Bartow
County School District in office on the effective date of this Act shall
serve until the expiration of the term of office for which he was
elected. At the expiration of such term, the Superintendent of
Schools of the Bartow County School District shall be selected as
provided in subsection (b).
(b) The Board of Education of Bartow County shall, by a
majority vote, elect the Superintendent of Schools of the Bartow
County School District. The superintendent of schools shall serve at
the pleasure of the board and shall be compensated and qualified as
provided by general law.
Section 3. 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 Bartow County to issue the call for an
election for the purpose of submitting this Act to the electors of the
Bartow County School District for approval or rejection. The election
superintendent shall set the date of the election for the same day in
1982 at which the general primary elections are held and shall issue
the call for the election at least 30 days prior to the date thereof. The
election superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Bartow County.
The ballot shall have written or printed thereon the following:
( ) YES Shall the Act providing that the
Superintendent of Schools of the
Bartow County School District be
elected by the Board of Education
of Bartow County and serve at the
pleasure of such board and be com-
pensated and qualified as provided
by general law 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.
4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The expense of such election shall be borne by Bartow County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly a bill providing for the election of the
Superintendent of Schools of the Bartow County School District by
the Board of Education and providing for the service, compensation,
and qualifications of the Superintendent; and for other purposes.
This, the 29 day of January, 1982.
King Chamblee
Chairman of the Board
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: February 4, 11 and
18,1982.
/s/ Joe Frank Harris
Representative,
8th District
GEORGIA LAWS 1982 SESSION
4589
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
BARTOW COUNTY BOARD OF EDUCATION,
REFERENDUM.
No. 1168 (House Bill No. 1866).
AN ACT
To provide that the members of the Board of Education of Bartow
County shall serve for a term of four years; to provide for a referen-
dum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Notwithstanding the provisions of an amendment to
the Constitution providing for the Board of Education of Bartow
County and the superintendent of schools, such amendment being set
forth in Ga. L. 1953, Nov.-Dee. Sess., p. 540, the members of the
Board of Education of Bartow County shall serve a term of office as
provided in this Act.
Section 2. (a) Effective with the elections held in 1982 at
which members of the Board of Education of Bartow County are
elected and at each such election thereafter, the members of the
Board of Education of Bartow County shall be elected for terms of
four years and until their successors are elected and qualified.
4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Members of the Board of Education of Bartow County who
are in office on the effective date of this Act shall serve until the
expiration of the term of office for which they were elected. Succes-
sors to such members shall serve for a term of office as provided in
subsection (a) of this section.
Section 3. 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 Bartow County to issue the call for an
election for the purpose of submitting this Act to the electors of the
Bartow County School District for approval or rejection. The election
superintendent shall set the date of the election for the same day in
1982 at which the general primary elections are held and shall issue
the call for the election at least 30 days prior to the date thereof. The
election superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Bartow County.
The ballot shall have written or printed thereon the following:
( ) YES Shall the Act providing that the
( ) NO term of office of members of the
Board of Education of Bartow
County be four years be
approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Bartow County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4591
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly a bill providing for the terms of office
of the Board of Education of Bartow County; and for other purposes.
This, the 29 day of January, 1982.
King Chamblee
Chairman of the Board
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: February 4, 11 and
18,1982.
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved April 12, 1982.
CITY OF EMERSON ALDERMEN.
No. 1169 (House Bill No. 1867).
AN ACT
To amend an Act incorporating the City of Emerson, approved
November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, so as to
provide for filling vacancies in the office of aldermen; 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 incorporating the City of Emerson, approved
November 11,1889 (Ga. L. 1888-89, p. 976), as amended, is amended
by striking Section XI of said Act, which reads as follows:
SEC. XI. Be it further enacted, That if vacancies shall occur in
the board, the same shall be filled by an election ordered by the
remaining members of the board, and the person so elected shall hold
office as long as his predecessor would have held the same if said
vacancy had not occurred.,
and inserting in lieu thereof a new Section XI to read as follows:
XI. And be it further enacted that: (a) Except as provided in
subsection (b), if a vacancy occurs on the council, the remaining
members of the council shall appoint an individual to fill such
vacancy. The individual appointed shall serve for the remainder of
the unexpired term and until his successor is elected and qualified.
(b) If a second vacancy on the council occurs during any period
of time for which a prior vacancy is being filled pursuant to subsection
(a), the council shall call a special election to fill the second such
vacancy. The individual elected at such special election shall serve for
GEORGIA LAWS 1982 SESSION
4593
the remainder of the unexpired term and until his successor is elected
and qualified.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly bills amending an Act incorporating
the City of Emerson, approved November 11,1889 (Ga. L. 1888-89, p.
976), as amended; and for other purposes.
This 5th day of February, 1982.
Gaston Westbrook
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: February 11,18 and
25,1982.
/s/ Joe Frank Harris
Representative,
8th District
4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
CITY OF EMERSON TERMS OF MAYOR
AND ALDERMEN.
No. 1170 (House Bill No. 1868).
AN ACT
To amend an Act incorporating the City of Emerson, approved
November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, so as to
change the terms of office of the mayor and aldermen; to provide for
the election of the mayor and aldermen; 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 incorporating the City of Emerson, approved
November 11,1889 (Ga. L. 1888-89, p. 976), as amended, is amended
by striking Section III of said Act, which reads as follows:
Section III. And be it further enacted that the corporate powers
of said city shall be vested in a mayor and four aldermen, who shall be
elected from the city at large, and who shall be elected on the second
Wednesday of December of each odd numbered year, and shall hold
their offices for two years and until their successors are elected and
qualified; and all persons resident within the corporate limits of said
GEORGIA LAWS 1982 SESSION
4595
city, who are qualified to vote for members of the General Assembly
shall be entitled to vote at said election.,
and inserting in lieu thereof a new Section III to read as follows:
Section III. And be it further enacted that: (a) The corporate
powers of said city shall be vested in a mayor and four aldermen who
shall be elected from the city at large. City elections shall be held on
the second Wednesday of December of each odd-numbered year and
as provided in subsection (b).
(b) At the elections held in 1983, a mayor and four aldermen
shall be elected. The mayor and the two aldermen receiving the
highest number of votes shall serve for terms of four years and until
their successors are elected and qualified. The two aldermen receiv-
ing the next highest number of votes shall serve for an initial term of
two years and until their successors are elected and qualified. There-
after, the mayor and aldermen shall serve for terms of four years and
until their successors are elected and qualified.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introdued at the regular 1982
session of the General Assembly bills amending an Act incorporating
the City of Emerson, approved November 11,1889 (Ga. L. 1888-89, p.
976), as amended; and for other purposes.
This 5th day of February, 1982.
Gaston Westbrook
4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: February 11, 18 and
25,1982.
/s/ Joe Frank Harris
Representative,
8th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
AUGUSTA REDEVELOPMENT AUTHORITY
ACT AMENDED.
No. 1171 (House Bill No. 1869).
AN ACT
To amend an Act creating the Augusta Redevelopment Authority,
approved April 17,1975 (Ga. L. 1975, p. 2941), as amended by an Act
GEORGIA LAWS 1982 SESSION
4597
approved March 24, 1978 (Ga. L. 1978, p. 4159), so as to direct and
authorize the chairman of the authority, on behalf of the authority, to
contract with the Augusta Downtown Development Authority for the
transfer of all assets and liabilities of the redevelopment authority to
the downtown development authority; to provide for the repeal of
said Act upon execution of such a contract; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Augusta Redevelopment Author-
ity, approved April 17,1975 (Ga. L. 1975, p. 2941), as amended by an
Act approved March 24, 1978 (Ga. L. 1978, p. 4159), is amended by
adding a new Section 1.1 to read as follows:
Section 1.1. (a) The chairman of the authority is authorized
and directed, on behalf of the authority, to negotiate and execute a
contract with the Augusta Downtown Development Authority
whereby the Augusta Downtown Development Authority shall suc-
ceed to all rights, assets, and liabilities of the Augusta Redevelopment
Authority. The chairman shall have full authority to negotiate and
execute such contract without the concurrence or action of any other
member of the authority.
(b) If such a contract is agreed to by the Augusta Downtown
Development Authority, upon the execution of the contract the
Augusta Redevelopment Authority shall cease to exist and this Act
shall stand repealed.
(c) A copy of such contract shall be filed with the governing
authority of the City of Augusta and forwarded to the Secretary of
State who is authorized to publish the contract in the Georgia Laws in
the same manner as home rule charter amendments are published.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that at the 1982 Session of the General
Assembly of the State of Georgia legislation will be introduced so as to
4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
abolish the Redevelopment Authority of the City of Augusta and to
transfer certain functions of the Redevelopment Authority of
Augusta to the Downtown Development Authority of Augusta; and
for other purposes.
Stanley G. Jackson
Attorney,
City Council of Augusta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jack Connell who, on oath, deposes
and says that he/she is Representative from the 87th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Augusta Chronicle-Herald which is
the official organ of Richmond County, on the following dates:
February 3,10 and 17,1982.
/s/ Jack Connell
Representative,
87th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4599
RECORDERS COURT OF DeKALB COUNTY
DEPUTY CLERKS.
No. 1172 (House Bill No. 1870).
AN ACT
To amend an Act creating and establishing the Recorders Court
of DeKalb County, Georgia, approved March 17,1959 (Ga. L. 1959, p.
3093), as amended, so as to delete the requirement that deputy clerks
shall be citizens and taxpayers of DeKalb County; 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 the Recorders Court
of DeKalb County, Georgia, approved March 17,1959 (Ga. L. 1959, p.
3093), as amended, is amended by striking Section 9 in its entirety
and substituting in lieu thereof a new Section 9 to read as follows:
Section 9. Qualification and Term of Clerk. Said clerk and all
deputy clerks shall be at least 25 years of age, shall have been a
resident of the State of Georgia for at least five years, and shall be of
good moral character. Said clerk shall be a citizen and taxpayer of
DeKalb County. Said clerk and deputy clerks shall serve at the
pleasure of the Board of Commissioners of DeKalb County.
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
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
repealed.
4600 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
1982 session of the General Assembly of Georgia a bill to amend an act
creating and establishing the Recorders Court of DeKalb County,
approved March 17, 1959 (Georgia Laws 1959, page 3093), as
amended; and for other purposes.
This 11th day of January, 1982.
Betty Aaron
Representative,
District 56-2
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Betty D. Aaron who, on oath, deposes
and says that he/she is Representative from the 56th/2 District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur-DeKalb News which is the
official organ of DeKalb County, on the following dates: January 14,
21 & 28,1982.
/s/ Betty Aaron
Representative,
56th/2 District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4601
CITY OF POULAN CORPORATE LIMITS.
No. 1173 (House Bill No. 1871).
AN ACT
To amend an Act creating a new charter for the City of Poulan,
approved March 7, 1957 (Ga. L. 1957, p. 2702), so as to change the
corporate limits of the city; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Poulan,
approved March 7, 1957 (Ga. L. 1957, p. 2702), is amended by
designating the existing text of Section 2 as subsection (a) and adding
thereafter a new subsection (b) to read as follows:
(b) The corporate limits of the city shall also include all of the
following described territory:
All that tract or parcel of land lying and being 116.50 acres in
original Lots of Land Nos. 309 and 310 in the 7th Land District of
Worth County, Georgia, said tract more particularly described as
follows: Beginning at the point where the northeast margin of the
right-of-way of Georgia State Highway No. 256 (Sylvester-
Norman Park Highway) intersects with the northwest margin of
the right-of-way of public road designated PR 2015 (road leading
from Georgia Highway 256 to Poulan), go thence North 56 degrees
08 minutes West along the northeast margin of the right-of-way of
Georgia Highway 256 a distance of 399.4 feet to a point; thence go
North 22 degrees 07 minutes East a distance of 296.04 feet to a
point; thence go North 56 degrees 08 minutes West a distance of
495.91 feet to a point; thence go South 23 degrees 37 minutes West
a distance of 294.60 feet to the northeast margin of the right-of-
way of Georgia Highway 256; thence go North 56 degrees 08
4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
minutes West along the northeast margin of the right-of-way of
Georgia Highway 256 a distance of 431.6 feet to a point; thence go
North 01 degrees 34 minutes East along a fence line a distance of
178.8 feet to a point; thence go North 55 degrees 58 minutes West
along a fence line a distance of 420.6 feet to a point; thence go
North 02 degrees 17 minutes East along a fence line a distance of
219.3 feet to a point; thence go South 88 degrees 30 minutes East
along a fence line a distance of 336.3 feet to a point; thence go
North 00 degrees 51 minutes East along a fence line a distance of
645.1 feet to a point; thence go South 89 degrees 44 minutes East a
distance of 400 feet to a point; thence go North 00 degrees 21
minutes East a distance of 400 feet to a point; thence go South 89
degrees 10 minutes East along a fence line a distance of 773.4 feet
to a point; thence go South 00 degrees 36 minutes West a distance
of 12.2 feet to a point; thence go South 89 degrees 56 minutes along
a fence line a distance of 508.7 feet to a point; thence go South 00
degrees 03 minutes West a distance of 622.4 feet to a point; thence
go South 89 degrees 15 minutes East 1078.2 feet to a point; thence
go South 01 degrees 10 minutes West a distance of 780.5 feet to a
point; thence go South 08 degrees 18 minutes West a distance of
313.9 feet to a point; thence go South 83 degrees 06 minutes East a
distance of 46.8 feet to a point; thence go South 00 degrees 15
minutes West a distance of 559.7 feet to the north margin of the
right-of-way of State Road designated PR 2015 (extended); thence
go North 89 degrees 08 minutes West along the north margin of
State Road PR 2015 (extended) a distance of 201.4 feet to a point;
thence go North 00 degrees 52 minutes East a distance of 10 feet to
a point; thence go North 89 degrees 08 minutes West along the
north margin of said road designated PR 2015 a distance of 277.9
feet to a point; thence go North 00 degrees 47 minutes West a
distance of 137.9 feet to a point; thence go South 89 degrees 44
minutes West a distance of 542.8 feet to a point; thence go South
00 degrees 47 minutes East a distance of 127.2 feet to the north
margin of the right-of-way of said State Road PR 2015; thence go
North 89 degrees 08 minutes West along the north margin of said
State Road PR 2015 a distance of 163 feet to a point; thence go in a
southwesterly direction along the northwest margin of the right-
of-way of said State Road PR 2015, following a curve, a chord
declination of South 83 degrees 21 minutes West with chord
distance of 214.2 feet to a point; thence go North 88 degrees 41
minutes West a distance of 195 feet to a point; thence go South 00
degrees 36 minutes West a distance of 77.2 feet to the northwest
margin of the right-of-way of said State Road PR 2015; thence go
GEORGIA LAWS 1982 SESSION
4603
South 63 degrees 52 minutes West along the northwest margin of
the right-of-way of said State Road PR 2015 a distance of 59.6 feet
to the point of beginning; all according to plat of survey prepared
by G. E. Warren, Registered Surveyor, on November 16, 1976, a
copy of said plat shown recorded in Plat Book 16, Page 183, in the
office of the Clerk of Superior Court, Worth County, Georgia, and
specific reference is herein made to said plat of survey for a more
complete description of said property.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating and establishing a new charter for the City of Poulan,
approved March 7, 1957 (Ga. L. 1957, p. 2702); and for other pur-
poses.
This 1 day of Feb., 1982.
George A. Lewis
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Earlene 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: Feb. 4,11
& 18,1982.
4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Earlene Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
HARALSON COUNTY SHERIFFS COMPENSATION.
No. 1176 (House Bill No. 1897).
AN ACT
To amend an Act placing the sheriff and the ordinary (now
probate judge) of Haralson County on an annual salary in lieu of the
fee system of compensation, approved February 28,1966 (Ga. L. 1966,
p. 2259), as amended, so as to change the compensation of the sheriff
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 (now
probate judge) of Haralson County on an annual salary in lieu of the
fee system of compensation, approved February 28,1966 (Ga. L. 1966,
p. 2259), as amended, is amended by striking Section 2 in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
GEORGIA LAWS 1982 SESSION
4605
Section 2. The sheriff shall receive an annual salary of $20,600.00
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to change the
compensation of the Sheriff of Haralson County; and for other
purposes.
This 11 day of January, 1982.
W. Scott Roberts, Sr.
Sheriff,
Haralson County
Affidavit.
Georgia, Haralson County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune legal organ for Haralson
County. The following dates, to-wit: January 14,21 and 28,1982.
4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to on the 18th day of February, 1982.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed to before me,
on the 18th day of February, 1982.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 12, 1982.
BOARDS OF COUNTY COMMISSIONERS IN
CERTAIN COUNTIES (9,365 - 9,385),
REFERENDUM.
No. 1177 (House Bill No. 1901).
AN ACT
To provide that in each county of this state having a population of
not less than 9,365 and not more than 9,385 according to the United
States decennial census of 1980 or any future such census, the board
of county commissioners shall be composed of five members; to
provide for commissioner districts; to provide for the procedure,
dates, terms, and other matters relative to the election of the mem-
bers; to provide for a referendum; to provide for other matters relative
thereto; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4607
Section 1. In each county of this state having a population of not
less than 9,365 and not more than 9,385 according to the United
States decennial census of 1980 or any future such census, the board
of county commissioners shall consist of five members. Each such
county shall be divided into four commissioner districts and each
such district shall be represented on the board by a member who
resides in the district. All of said four members, however, shall be
elected by the voters of the entire county. The fifth member may
reside anywhere in the county and shall be elected by the voters of the
entire county. Such member shall be the chairman of the board and
any person offering as a candidate for chairman shall so state. Each
person offering as a candidate as a member from a commissioner
district shall so state and shall designate the number of the district
office for which he is offering. All five members of the board shall be
elected at the general election in 1984 and shall take office on January
1, 1985, for a term of four years and until their successors are elected
and qualified. All future successors shall be elected at the general
election each four years in the same manner as provided herein and
shall take office on the first day of January following their election for
terms of four years and until their successors are elected and quali-
fied.
Section 2. In each county of this state having a population of not
less than 9,365 and not more than 9,385 according to the United
States decennial census of 1980 or any future such census, the board
of county commissioners shall consist of five members. Each such
county shall be divided into four commissioner districts and each
such district shall be represented on the board by a member who
resides in the district. All of said four members shall be elected only
by the voters of their respective districts. The fifth member may
reside anywhere in the county and shall be elected by the voters of the
entire county. Such member shall be the chairman of the board and
any person offering as a candidate for chairman shall so state. Each
person offering as a candidate as a member from a commissioner
district shall so state and shall designate the number of the district
office for which he is offering. All five members of the board shall be
elected at the general election in 1984 and shall take office on January
1,1985, for a term of four years and until their successors are elected
and qualified. All future successors shall be elected at the general
election each four years in the same manner as provided herein and
shall take office on the first day of January following their election for
terms of four years and until their successors are elected and quali-
fied.
4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. For the purpose of electing the four members of the
board of county commissioners who must reside in districts, the
county is divided as follows:
District 1
Bacon
Tract 9901
Those parts of Blocks 334 and 338
inside the City of Alma
Blocks 339 through 399, 401 through
407, 409 through 413, 546 through
550, 601 through 606, 616 through 625,
639 through 641, and 703 through 705
District 2
Bacon
Tract 9901
That part of Block 254 inside the
City of Alma
Blocks 408, 414 through 420, 502 through
509, 525 through 533, 536 through 539,
541, 543 through 545, 607 through 615,
626 through 638, 642 through 650, 701,
702, 706 through 739, 818 through 820,
822, 837 through 839, and 841
Those parts of Blocks 857 and 858
inside the City of Alma
District 3
Bacon
Tract 9901
Blocks 323 through 329, 422 through 433,
439, 441 through 452, 501, 510 through
524, 740 through 755, 757 through 797,
801 through 817, 823 through 836, 840,
842 through 855, 863 through 871, 888,
889, and 899
District 4
Bacon
Tract 9901
Block Group 1
Blocks 201 through 253
GEORGIA LAWS 1982 SESSION
4609
That part of Block 254 outside the
City of Alma
Blocks 255, 257 through 267, 301
through 322, and 330 through 333
That part of Block 334 outside the
City of Alma
Blocks 335 through 337
That part of Block 338 outside the
City of Alma
Blocks 421, 434 through 438, 440,
and 856
Those parts of Blocks 857 and 858
outside the City of Alma
Blocks 859 through 862 and 872
through 874
Section 4. Not less than 30 nor more than 60 days after the date
of the approval of this Act by the Governor, or after it otherwise
becomes law, it shall be the duty of the election superintendent of
each such county to issue the call for an election for the purpose of
submitting this Act to the electors of such county for approval or
rejection. The superintendent shall set the date of such election for
the date of the general primary in 1982. 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 such county. The ballot shall have written or printed thereon
the words:
( ) YES Shall the Act providing for a five-
( ) NO member board of county commis-
sioners be approved?
Those persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
hereinafter provided; otherwise it shall be void and of no force and
effect.
The expense of such election shall be borne by such county. It
shall be the duty of the superintendent to hold and conduct such
4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 5. At the above referendum there shall also be written or
printed on the ballot the following:
No. 1 ( ) The district commissioners shall
be elected by the voters of the
entire county.
No. 2 ( ) The district commissioners shall
be elected only by the voters of
their respective districts.
Those persons desiring that the district commissioners be elected
by a county-wide vote shall vote for No. 1. Those persons desiring
that the district commissioners be elected only by the voters of their
respective districts shall vote for No. 2. In the event No. 1 receives the
most votes, the district commissioners shall be elected by a county-
wide vote, Section 1 of this Act shall become of full force and effect,
and Section 2 of this Act shall be void and of no force and effect. In
the event No. 2 receives the most votes, the district commissioners
shall be elected only by the voters of their respective districts, Section
2 of this Act shall become of full force and effect, and Section 1 of this
Act shall be void and of no force and effect.
Section 6. In the event this Act is approved in the referendum
election, the provisions relating to the election of and the method of
voting for the members of the board shall become effective for the
purpose of electing such members in 1984 who shall take office
January 1, 1985. Otherwise, however, the existing law relative to the
board of county commissioners of Bacon County shall remain in
effect until January 1,1985.
GEORGIA LAWS 1982 SESSION
4611
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
CITY OF WAYCROSS LAND CONVEYANCE
AUTHORIZED, REFERENDUM.
No. 1178 (House Bill No. 1902).
AN ACT
To authorize the governing authority of the City of Waycross to
convey certain park property to the Ware County Hospital Authority;
to provide for all related matters; to provide for a referendum; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The governing authority of the City of Waycross is
hereby granted the power and authority to convey to the Ware
County Hospital Authority the real property described as follows:
All that certain tract or parcel of land situate, lying and being in
the City of Waycross, County of Ware, and State of Georgia, and more
particularly described as beginning at the Southern corner of the
intersection of Tebeau Street and Darling Avenue; thence extending
southwesterly at an angle of 90 degrees along Tebeau Street a
distance of 217 feet to an iron pin; thence in an easterly direction at an
angle of 89 degrees and 42 minutes a distance of 891 feet to an iron pin
on Alice Street; thence in a northeasterly direction at an angle of 90
degrees and 12 minutes along Alice Street a distance of 212 feet to
Darling Avenue; thence in a westerly direction along Darling Avenue
a distance of 891 feet to the point of beginning. For a more complete
and detailed description of this property, reference is made for all
purposes to a plat thereof prepared by T. H. Little, Georgia Regis-
tered Engineer, Number 1314, copy of which plat is of record in Plat
4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Book A, page 397 in the office of the Clerk of the Superior Court of
Ware County, Georgia.
Section 2. Such conveyance shall be upon such terms as may be
agreed to by the governing authority of the City of Waycross and the
Ware County Hospital Authority. Such conveyance shall be free and
unencumbered from any dedication to the general public for park use
or otherwise; and after such conveyance the hospital authority shall
hold said real estate in fee simple unencumbered by any dedication to
public use.
Section 3. After the date of the approval of this Act by the
Governor or after it otherwise becomes law, it shall be the duty of the
election superintendent of the City of Waycross to issue the call for an
election for the purpose of submitting this Act to the electors of the
City of Waycross for approval or rejection. The election superinten-
dent shall set the date of the election for the same day in 1982 when
members of the General Assembly are to be elected and shall issue the
call for that election at least 30 days prior to the date thereof. The
election superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of the City of Way-
cross. The ballot shall have written or printed thereon the following:
( ) YES Shall the Act authorizing the gov-
( ) NO erning authority of the City of
Waycross to convey certain park
property to the Ware County Hos-
pital Authority 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 City of Waycross. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
GEORGIA LAWS 1982 SESSION
4613
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply to the regular 1982
session of the General Assembly of Georgia for passage of a local bill
vesting in the City of Waycross power and authority to convey to the
Hospital Authority of Ware County, Georgia, free and unencumbered
from any dedication to the general public, the following described
tract of land:
All that certain tract or parcel of land situate lying and being in
the City of Waycross, County of Ware, and State of Georgia, and more
particularly described as beginning at the southern corner of the
intersection of Tebeau Street and Darling Avenue; thence extending
southwesterly at an angle of 90 degrees along Tebeau Street a
distance of 217 feet to an iron pin; thence in an easterly direction at an
angle of 89 degrees and 42 minutes a distance of 891 feet to an iron pin
on Alice Street; thence in a northeasterly direction at an angle of 90
degrees and 12 minutes along Alice Street a distance of 212 feet to
Darling Avenue; thence in a westerly direction along Darling Avenue
a distance of 891 feet to the point of beginning. For a more complete
and detailed description of this property, reference is made for all
purposes to a plat thereof prepared by T. H. Little, Georgia Regis-
tered Engineer, Number 1314, copy of which plat is of record in Plat
Book A, page 397 in the office of the Clerk of the Superior Court of
Ware County, Georgia.
This 19th day of February, 1982.
4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
J. Dan Lott
Mayor,
City of Waycross
Bennett, Pedrick & Bennett
Attorneys at Law
415 Remshart Street
P. 0. Box 178
Waycross, Georgia 31501
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
the official organ of Ware County, on the following dates: Feb. 20
27,1982 & March 6,1982.
/s/ Harry D. Dixon
Representative,
151st District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.

GEORGIA LAWS 1982 SESSION
4615
SHERIFFS COMPENSATION IN CERTAIN
COUNTIES (14,000 - 15,000)
(18,000 - 18,100).
No. 1180 (House Bill No. 1904).
AN ACT
To amend an Act providing an annual salary for the sheriff of each
county having a population of not less than 14,000 nor more than
15,000 according to the United States decennial census of 1970 or any
future such census, approved March 21,1974 (Ga. L. 1974, p. 2659), 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 providing an annual salary for the sheriff of
each county having a population of not less than 14,000 nor more than
15,000 according to the United States decennial census of 1970 or any
future such census, approved March 21,1974 (Ga. L. 1974, p. 2659), is
amended by striking from Section 1 and Section 2 the following
language:
having a population of not less than 14,000 nor more than 15,000
according to the United States Decennial Census of 1970, or any
future such census,,
and inserting in lieu of such stricken language in both Section 1 and
Section 2 the following language:
having a population of not less than 18,000 nor more than 18,100
according to the United States decennial census of 1980, or any future
such census,.
Section 2. This Act shall become effective on July 1,1982.
4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
UPSON COUNTY COMPENSATION OF BOARD
OF COMMISSIONERS.
No. 1181 (House Bill No. 1909).
AN ACT
To amend an Act increasing the compensation of the chairman
and other members of the board of commissioners of Upson County,
approved March 26,1964 (Ga. L. 1964, p. 3235), as amended, so as to
provide for the reimbursement of expenses of the chairman and other
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 increasing the compensation of the chairman
and other members of the board of commissioners of Upson County,
approved March 26, 1964 (Ga. L. 1964, p. 3235), as amended, is
amended by adding between Sections 2 and 3 a new section, to be
designated Section 3A, to read as follows:
Section 3A. (a) The chairman of the board of commissioners of
Upson County shall receive as reimbursement for expenses of said
office the sum of $300.00 per month. Said sum shall be paid in
addition to any salary now or hereafter authorized for said office and
in substitution of any sums now paid as reimbursement for expenses.
(b) The other members of the board of commissioners of Upson
County shall each receive as reimbursement for expenses of said
office the sum of $150.00 per month. Said sums shall be paid in
addition to any salary now or hereafter authorized for said office and
GEORGIA LAWS 1982 SESSION
4617
in substitution of any sums now paid as reimbursement for expenses.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
regular session of the General Assembly of Georgia a bill to provide
for the reimbursement for expenses of the chairman and other
members of the Upson County Board of Commissioners; to repeal
conflicting laws; and for other purposes.
This 25 day of January, 1982.
Richard Bridges
Attorney for Upson
County, Georgia
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: Jan. 27,1982 &
Feb. 3 & 10,1982.
/s/ Marvin Adams
Representative,
79th District
4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CATOOSA COUNTY COMPENSATION OF TAX
COMMISSIONERS CLERICAL ASSISTANTS.
No. 1182 (House Bill No. 1910).
AN ACT
To amend an Act creating the office of tax commissioner of
Catoosa County, approved February 10,1937 (Ga. L. 1937, p. 1267), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3697), so as to change the amount payable for clerical help in that
office; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Catoosa County, approved February 10,1937 (Ga. L. 1937, p. 1267), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3697), is amended by striking from Section 5 the following:
$25,800.00,
and inserting in its place the following:
$28,800.00,
GEORGIA LAWS 1982 SESSION
4619
so that when so amended Section 5 shall read as follows:
Section 5. The compensation of the tax commissioner of Catoosa
County, as full compensation for any and all duties performed by him
as receiver and collector of school district and school bond taxes, and
of county taxes for the first 90 percent of the ad valorem net digest,
shall be a fixed salary of $6,000.00 per annum, to be paid in equal
semimonthly installments; and the sum of $28,800.00 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 commis-
sioner shall also be entitled to the fees now allowed tax commissioners
for motor vehicle license tags pursuant to an Act approved March 9,
1955 (Ga. L. 1955, p. 659), as now or hereafter amended, and for
certain motor vehicle title transactions pursuant to an Act approved
March 3, 1961 (Ga. L. 1961, p. 68), as now or hereafter amended. All
commissions due to said tax commissioner for school taxes, school
bond taxes, and any and all other taxes not hereinabove specifically
mentioned shall be paid into the county treasury. All allowances and
salaries paid under this Act shall be paid directly by the county
treasurer to the person or persons performing such clerical help, and
no person performing such clerical help for the tax commissioner shall
be related to said commissioner closer than the fifth degree of
consanguinity or affinity. In no event shall the clerical allowance
provided in this section be used to pay bonuses to employees. In the
event the maximum allowance for clerical help is not needed for such
purpose, then the unused portion thereof shall remain as part of the
general funds of the county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice.
Notice of the intention to introduce to local legislation. Notice is
hereby given that there will be introduced at the regular 1982 session
of the General Assembly of Georgia a bill relative to the office of Tax
Commissioner of Catoosa County for the purpose of changing budget
appropriations for clerical help and for other purposes.
Charles Proctor, Sr.
Tax Commissioner,
Catoosa County
Ringgold, GA. 30736
Proof of Publication.
State of Georgia.
Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which 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 14,1982, January 21,1982, January 28,1982.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 16 day of February, 1982.
/s/ Juanita Caldwell
Notary Public, Georgia, State at Large.
My Commission Expires Apr. 22, 1985.
(Seal).
Approved April 12, 1982.
GEORGIA LAWS 1982 SESSION
4621
TAYLOR COUNTY PROBATE COURT
PERSONNEL.
No. 1183 (House Bill No. 1911).
AN ACT
To amend an Act abolishing the present mode of compensating
the Ordinary of Taylor County, known as the fee system, and provid-
ing in lieu thereof an annual salary, approved April 5, 1971 (Ga. L.
1971, p. 3185), as amended by an Act approved April 19,1973 (Ga. L.
1973, p. 3928), so as to change the provisions relative to the authority
of the judge of the probate court to appoint certain personnel; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the present mode of compensating
the Ordinary of Taylor County, known as the fee system, and provid-
ing in lieu thereof an annual salary, approved April 5, 1971 (Ga. L.
1971, p. 3185), as amended by an Act approved April 19,1973 (Ga. L.
1973, p. 3928), is 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 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, with the approval of the
governing authority of Taylor County. 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 authority of the judge of the probate court, during his
term of office, to designate and name the person or persons who shall
4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act placing the Probate Judge of Taylor County on an annual salary,
approved April 5, 1971 (Georgia Laws 1971), as amended, so as to
change the provisions relative to personnel of the office of the Probate
Judge; to repeal conflicting laws; and for other purposes.
Ward Edwards
Representative,
110th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ward Edwards who, on oath, deposes
and says that he/she is Representative from the 110th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Taylor County News which is the
official organ of Taylor County, on the following dates: Feb. 11,18 &
25,1982.
/s/ Ward Edwards
Representative,
110th District
GEORGIA LAWS 1982 SESSION
4623
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
TAYLOR COUNTY SUPERIOR COURT CLERKS
PERSONNEL.
No. 1184 (House Bill No. 1912).
AN ACT
To amend an Act abolishing the mode of compensating the Clerk
of the Superior Court of Taylor County, known as the fee system, and
providing in lieu thereof an annual salary, approved April 5,1971 (Ga.
L. 1971, p. 3190), as amended by an Act approved April 17,1973 (Ga.
L. 1973, p. 3629), so as to change certain provisions relative to the
authority of the clerk to appoint personnel; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the mode of compensating the
Clerk of the Superior Court of Taylor County, known as the fee
system, and providing in lieu thereof an annual salary, approved April
5, 1971 (Ga. L. 1971, p. 3190), as amended by an Act approved April
17, 1973 (Ga. L. 1973, p. 3629), is amended by striking in its entirety
Section 4 of said Act and inserting in lieu thereof a new Section 4 to
read as follows:
4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 efficiently and effectively
discharge the official duties of his office, with the approval of the
governing authority of Taylor County. 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. The
Clerk of the Superior Court, during his terms of office, shall have the
authority 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.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act placing the clerk of the superior court of Taylor County on an
annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3190), as
amended, so as to change the provisions relative to personnel of the
office of the clerk of the superior court; to repeal conflicting laws; and
for other purposes.
Ward Edwards
Representative,
110th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ward Edwards who, on oath, deposes
and says that he/she is Representative from the 110th District, and
GEORGIA LAWS 1982 SESSION
4625
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: Feb. 11, 18
and 25,1982.
/s/ Ward Edwards
Representative,
110th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
BIBB COUNTY BOARD OF EDUCATION
DISTRICTS, REFERENDUM.
No. 1185 (House Bill No. 1918).
AN ACT
To amend an Act establishing the board of public education and
orphanage of Bibb County, approved October 23,1872 (Ga. L. 1872, p.
388), as amended, particularly by an Act approved October 13, 1971
(Ga. L. 1971, Ex. Sess., p. 2136), so as to change the composition of the
Education Districts from which members of the board are elected; to
provide for a referendum; to provide effective dates; to repeal con-
flicting laws; and for other purposes.
4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the board of public education and
orphanage of Bibb County, approved October 23,1872 (Ga. L. 1872, p.
388), as amended, particularly by an Act approved October 13, 1971
(Ga. L. 1971, Ex. Sess., p. 2136), is amended by striking Section 2E
and inserting in its place a new Section 2E to read as follows:
Section 2E. For the purpose of electing members to the board,
the Bibb County School District shall be divided into the following
Education Districts:
Education District No. 1
Bibb
Tract 106
Blocks 104 through 113
Block Group 2
Blocks 301 through 308, 404, 405,
and 511
Tract 107
Blocks 213, 216 through 243, 246
through 251, 254, and 255
Tract 108
Block 227
Tracts 111 and 112
Tract 113
Blocks 115, 120, and 125
Block Groups 2, 3, and 9
Tract 114
Tract 116
Block Group 1
That part of Block 201 within the
City of Macon
Blocks 202 through 212
Block Group 9
Tracts 117.02, 133.01, and 133.02
Education District No. 2
Bibb
Tract 101
Tract 102
Block Groups 1 and 2
Blocks 311 through 313
Block Group 4
GEORGIA LAWS 1982 SESSION
4627
Tract 103
Tract 104
Block Group 1
Blocks 201 through 205, 207, and 209
through 220
Block Groups 3 through 5
Blocks 601 through 606
Tract 105
Tract 106
Blocks 101 through 103, 309 through
312, 401 through 403, 406 through
409, 501 through 510, and 512
Tract 107
Block Group 1
Blocks 244, 245, 252, and 253
Block Group 3
Tract 108
Block Group 1
Blocks 203 through 208, 210 through
214, 220 through 226, and 228
through 230
Tract 109
Tract 113
Blocks 111, 112, 114, 118, 119, 121
through 124, 126, and 127
Tract 115
Blocks 311 through 315 and 319
through 326
Tract 123
That part of Block 101 within the
City of Macon
Blocks 111 through 116
Block Groups 2 through 5
Blocks 601 and 602
Tract 125
Block Group 1
Blocks 201 through 204, 216, and 219
Education District No. 3
Bibb
Tract 115
Block Groups 1 and 2
Blocks 302, 306 through 310, 327,
331, and 332
4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 116
That part of Block 201 outside the
City of Macon
Blocks 213 through 215
Block Groups 3 and 4
Tract 126
Blocks 219 through 225
Block Groups 3 and 4
Blocks 903 and 904
Tract 127
Block Groups 1 and 2
Blocks 328 and 330 through 332
Tracts 128 through 130, 135.01,
and 135.02
GEORGIA LAWS 1982 SESSION
4629
Education District No. 4
Bibb
Tract 104
Blocks 221 through 224 and 607
through 617
Tract 125
Blocks 205 through 209, 211 through
215, 217, 218, 220 through 222,
and 225 through 229
Tract 126
Block Group 1
Blocks 205, 211 through 214, and
227 through 229
Block Group 5
Block 901
Tract 127
Blocks 301 through 309, 311
through 321, and 323
Tract 131.01 and 131.02
Tract 132.01
That part of Block 101 within
the City of Macon
Blocks 102 through 109, 112,
113, 115 through 118, 120 through
127, 317, and 318
Those parts of Blocks 902 and 907
through 909 within the City of Macon
Tract 132.02
Block Group 2
Blocks 301 through 309
That part of Block 310 within
the City of Macon
Education District No. 5
Bibb
Tract 102
Blocks 301 through 310
Tract 118
Blocks 203 through 216 and 301
through 308
Tract 121
Blocks 217 through 219
Block Group 3
Tract 122
4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 123
That part of Block 101 within
the City of Payne
Blocks 102 through 106, 118, 119,
603 through 617, 619, 620, 622,
and 623
Tract 124
Tract 132.01
That part of Block 101 outside the
City of Macon
Blocks 311 through 316, 319 through
321, and 901
That part of Block 902 outside the
City of Macon
Blocks 903 and 905
Those parts of Blocks 907 through
909 outside the City of Macon
Tract 132.02
That part of Block 310 outside the
City of Macon
Tract 134.02
Block Group 1
Blocks 207 through 252, 901, 902,
904, and 912 through 917
Tracts 136.01 and 136.02
Education District No. 6
Bibb
Tracts 110 and 117.01
Tract 118
Block Group 1
Blocks 201, 202, and 309 through 316
Block Group 4
Tracts 119 and 120
Tract 121
Block Group 1
Blocks 201, 203 through 205, 208,
210 through 216, and 221 through 229
Tract 134.01
Tract 134.02
Blocks 201 through 206 and 906
GEORGIA LAWS 1982 SESSION
4631
For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any Education District
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of the Bibb County School District which is not
included in any district described in this section shall be included
within that district contiguous to such part which contains the
least population according to the United States decennial census
of 1980 for the State of Georgia.
Section 2. Not less than 30 nor more than 60 days before the
date of the November, 1982, general election, it shall be the duty of
the election superintendent of Bibb County to issue the call for an
election for the purpose of submitting this Act to the electors of the
Bibb County School District for approval or rejection. The superin-
tendent shall set the date of such election for the date of the
November, 1982, general election. The superintendent shall cause the
date and purpose of the election to be published once a week for two
weeks immediately preceding the date thereof in the official organ of
Bibb County. The ballot shall have written or printed thereon the
words:
( ) YES Shall the boundaries of the dis-
( ) NO tricts for the election of members
of the Board of Public Education
and Orphanage for Bibb County be
adjusted to reflect population
changes reported in the 1980
Census?
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
4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
are for approval of the Act, then Section 1 of this Act shall become
effective January 1, 1985, except that the provisions which are
necessary for the 1984 primary and general elections for board
members shall become effective immediately.
The expense of such election shall be borne by Bibb 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. The election required by Section 2 of this Act shall not
be held if the enforcement of the provisions of this Act would on
October 1,1982, be prohibited under the federal Voting Rights Act of
1965.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
session of the General Assembly of Georgia a bill to redistrict the
Board of Public Education and Orphanage for Bibb County, for the
election of the six district seats using Census Data of 1980.
This the 9th day of February, 1982.
Frank Pinkston
Representative,
District 100
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-
GEORGIA LAWS 1982 SESSION
4633
duce Local Legislation was published in the Macon Telegraph and
News which is the official organ of Bibb County, on the following
dates: Feb. 12,19 & 26,1982.
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
STATE COURT OF GLYNN COUNTY
COMPENSATION OF PERSONNEL, ETC.
No. 1186 (House Bill No. 1920).
AN ACT
To amend an Act creating the State Court of Glynn County, as
amended, particularly by an Act approved April 17,1973 (Ga. L. 1973,
p. 3158), an Act approved March 24, 1976 (Ga. L. 1976, p. 3159), an
Act approved July 1, 1979 (Ga. L. 1979, p. 4541), an Act approved
April 2,1980 (Ga. L. 1980, p. 4517), and an Act approved April 6,1981
(Ga. L. 1981, p. 3359), so as to change the compensation of certain
officers and personnel of the court; to change the qualifications of the
judge; to provide an effective date; to repeal conflicting laws; and for
other purposes.
4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. L. 1973,
p. 3158), an Act approved March 24, 1976 (Ga. L. 1976, p. 3159), an
Act approved July 1, 1979 (Ga. L. 1979, p. 4541), an Act approved
April 2,1980 (Ga. L. 1980, p. 4517), and an Act approved April 6,1981
(Ga. L. 1981, p. 3359), is amended by striking from Section 4 the
following:
The judge of said court shall receive a salary in the amount of
$20,000.00 per annum, which shall not be diminished during his term
of office, except to apply to the subsequent term, and shall be paid
monthly out of the treasury of Glynn County at the said rate;
provided, that beginning July 1, 1979, the judge of said court shall
receive an annual salary not to exceed sixty-five percent of the annual
salary received from State funds by a superior court judge; that
beginning July 1,1980, the judge of said court shall receive an annual
salary not to exceed seventy percent of the annual salary received
from State funds by a superior court judge; and that beginning July 1,
1981, the judge of said court shall receive an annual salary not to
exceed seventy-five percent of the annual salary received from State
funds by a superior court judge; but the exact amount of the annual
salary of the judge of the State Court of Glynn County shall be fixed
by the governing authority of Glynn County as a percentage of the
annual salary received from State funds by a superior court judge
within the above limitations, which amount shall not be diminished
during his term of office, and which amount shall be payable in equal
monthly installments out of the treasury of Glynn County. 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.,
and inserting in lieu thereof the following:
The judge of said court shall receive an annual salary equal to 85
percent of the annual salary received from state funds by a superior
court judge.
GEORGIA LAWS 1982 SESSION
4635
Section 1.1. Said Act is further amended by adding after the
words twenty-seven years of age in Section 5 the following:
and not more than seventy years of age, so that when so
amended Section 5 shall read as follows:
Section 5. The judge of said Court at the time of his appointment
or election must be at least twenty-seven years of age and not more
than seventy years of age; must have been a resident of the County of
Glynn at least four years immediately preceding his appointment or
election, and must have been a practicing attorney at law for at least
five years immediately before his appointment or election, unless the
holder of another judicial office, or is a member of the armed forces of
the United States or is in the employment of the United States in a
legal capacity, during all or a part of that time. Before entering upon
the discharge of the duties of his office said judge shall take and
subscribe the following oath: I solemnly swear that I will administer
justice as announced by law and not of my personal determination,
without respect to persons, and do equal right to the poor and the
rich, and that I will faithfully and impartially discharge and perform
all the duties which may be required of me as Judge of the City Court
of Brunswick according to the best of my ability and understanding,
agreeably to the laws and Constitution of this State and the Constitu-
tion of the United States, so help me, God, and said oath shall
immediately thereafter be forwarded to the Governor and filed in the
executive department. Said judge shall have authority to issue crimi-
nal warrants, to hold commitment hearings, to bind persons charged
with violations of the criminal laws of Georgia over to the superior
court of the County of Glynn, to dispossess tenants holding over and
intruders, to issue distress warrants, and generally to do and perform
all acts and things which justices of the peace and judges of the
County and City Courts of this State are authorized to do, unless
otherwise provided in this Act.
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 solicitor of the State Court of Glynn County shall
receive an annual salary in an amount fixed by the governing author-
ity of Glynn County, which amount shall not be diminished during his
term of office, and which amount shall be payable in equal monthly
installments from the funds of Glynn County.
4636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking subsection (a)
of Section 11 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) (1) The annual salary of the clerk of the State Court of
Glynn County shall be fixed by the governing authority of Glynn
County.
(2) The clerk of said court shall have the authority to
appoint such deputies, clerks, assistants, or 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 com-
pensation to be paid each employee, but the number of such
personnel and their compensation must be approved by the
county governing authority. However, it shall be within the sole
discretion 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.
Section 4. Said Act is further amended by striking subsection (c)
of Section 11 in its entirety and inserting in lieu thereof a new
subsection (c) to read as follows:
(c) The judge of said court may employ an executive secretary.
The judge shall from time to time fix the secretarys salary in an
amount which is not less than the minimum and not more than the
maximum which may be received by a person employed as an
executive secretary under the personnel plan applicable to employees
of the Glynn County governing authority. Such salary shall be paid in
equal monthly installments from funds of Glynn County.
Section 5. This Act shall become effective on July 1,1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4637
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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. L. 1943, p. 702), as amended, so as to change the compensa-
tion of certain court personnel; to repeal conflicting laws; and for
other purposes.
Dean Auten
Representative,
154th 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 26,
February 2,9,1982.
/s/ James R. Tuten, Jr.
Representative,
153rd District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PULASKI COUNTY SCHOOL DISTRICT
SUPERINTENDENT, REFERENDUM.
No. 1187 (House Bill No. 1927).
AN ACT
To provide for the appointment of the school superintendent of
the Pulaski County School District; 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. Effective January 1,1985, the school superintendent
of the Pulaski County School District shall be appointed by the board
of education of Pulaski County. The superintendent shall be subject
to all constitutional and statutory provisions relating to county school
superintendents which are not in conflict with this Act. No election
for the office of school superintendent of the Pulaski County School
District shall be held in 1984 or thereafter.
Section 2. After the date of the approval of this Act by the
Governor or after it otherwise becomes law, it shall be the duty of the
election superintendent of Pulaski County to issue the call for an
election for the purpose of submitting this Act to the electors of
Pulaski County for approval or rejection. The election superinten-
dent shall set the date of the election for the same day in 1982 when
members of the General Assembly are to be elected and shall issue the
call for that election at least 30 days prior to the date thereof. The
election superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Pulaski County.
The ballot shall have written or printed thereon the following:
GEORGIA LAWS 1982 SESSION
4639
( ) YES Shall the Act providing for the ap-
( ) NO pointment of the school superin-
tendent of the Pulaski County
School District be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Pulaski County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
I intend to introduce legislation at the 82 session of the general
assembly to allow the people to vote on whether they want an elected
or appointed Superintendent of Schools for Pulaski County.
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 and News which is the official
4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
organ of Pulaski County, on the following dates: Feb. 17 & 24,1982 &
March 3,1982.
/s/ Ben Jessup
Representative,
117th District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
MARION COUNTY COMPENSATION OF BOARD
OF COMMISSIONERS.
No. 1188 (House Bill No. 1928).
AN ACT
To amend an Act creating a Board of Commissioners for the
County of Marion, approved February 21,1951 (Ga. L. 1951, p. 2880),
as amended, particularly by an Act approved March 5, 1962 (Ga. L.
1962, p. 2879), so as to change the compensation of the chairman and
the other members of the board; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4641
Section 1. An Act creating a Board of Commissioners for the
County of Marion, approved February 21,1951 (Ga. L. 1951, p. 2880),
as amended, particularly by an Act approved March 5, 1962 (Ga. L.
1962, p. 2879), is amended by striking Section 7 in its entirety and
inserting in lieu thereof a new Section 7 to read as follows:
Section 7. The chairman of said board of commissioners shall
receive the sum of $2,400.00 per annum and the other members of the
board shall receive the sum of $1,800.00 per annum as compensation
for their time, payable in equal monthly installments out of the funds
of Marion County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be a Bill introduced in the
1982 Georgia General Assembly to change the compensation of the
Board of Commissioners of Marion County and for other purposes.
Ward Edwards
State Representative,
District 110
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 Patriot-Citizen which is the official
organ of Marion County, on the following dates: Jan. 28,1982 & Feb. 4
& 11,1982.
4642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Ward Edwards
Representative,
110th District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
APPLING COUNTY BOARD OF COMMISSIONERS,
REFERENDUM.
No. 1189 (House Bill No. 1929).
AN ACT
To amend an Act creating the board of commissioners of Appling
County, approved February 12, 1945 (Ga. L. 1945, p. 650), as
amended, so as to provide two different plans for changing the
composition and manner of selection of members of the board; to
provide a referendum for selection of the plan which shall become
effective; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Appling County, approved February 12,1945 (Ga. L. 1945, p. 650), as
amended, is amended by replacing Section 8 with a new Section 8 to
read as follows:
GEORGIA LAWS 1982 SESSION
4643
Section 8. (a) On and after January 1, 1985, the board of
commissioners of Appling County shall consist either of five members
and a chairman as provided in paragraph (1) of this subsection or of
six members from among whom a chairman shall be elected as
provided in paragraph (2) of this subsection:
(1) The chairman shall be elected from the county at large;
and Appling County is divided into five districts for the purpose of
electing the other commissioners as follows:
District No. 1
Appling County
Tract 9901
Blocks 107 through 134 and 170
through 193
Block Group 2
Blocks 303 through 308 and
311 through 314
Tract 9902
Those parts of Blocks 205 and 206
outside the City of Baxley
Blocks 212 through 221
That part of Block 222 outside the
City of Baxley
Tract 9903
Blocks 801 through 803 and 808
through 810
District No. 2
Appling County
Tfopt QQ01
Blocks 135 through 143, 162
through 169, 301, 302, 309, 310,
and 315 through 343
Tract 9902
Block Group 1
Blocks 201 through 204
Those parts of Blocks 205 and
206 inside the City of Baxley
Blocks 207 through 211
4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 222 inside the
City of Baxley
Blocks 223 through 245
District No. 3
Appling County
Tract 9901
Blocks 101 through 106 and 144
through 161
Tract 9902
Blocks 301 through 304, 332 through
345, 365 through 377, and 379
through 385
Those parts of Blocks 386 and 387
inside the City of Baxley
Blocks 401 through 470, 475 through
477, 488, 492, 494, and 498
Tract 9903
Block Group 1
Blocks 201 through 242, 249, 250,
301 through 305, 502, and 503
District No. 4
Appling County
Tract 9902
Blocks 471 through 474, 478 through
487, 489 through 491, and 493
Tract 9903
Blocks 243 through 248 and 306
through 344
Block Group 4
Blocks 501 and 504 through 527
Block Group 6
GEORGIA LAWS 1982 SESSION
4645
District No. 5
Appling County
Tract 9902
Blocks 305 through 331, 346 through
349, 351 through 364, and 378
Those parts of Blocks 386 and 387
outside the City of Baxley
Blocks 388 through 398 and 495
Tract 9903
Block Group 7
Blocks 804 through 807 and 811
through 836
(2) Appling County is divided into six districts for the
purpose of electing commissioners as follows:
District No. 1
Appling County
Tract 9901
Block Groups 1 and 2
Blocks 303 through 307
Tract 9902
Blocks 213 through 215 and 218
Tract 9903
Blocks 101 through 104, 110, and 111
District No. 2
Appling County
Tract 9901
Blocks 301, 302, and 308 through 343
Tract 9902
Blocks 101 through 106 and 201
through 204
Those parts of Blocks 205 through
209 and 222 within the City
of Baxley
Blocks 223 through 245
District No. 3
Appling County
Tract 9902
Those parts of Blocks 205 through
209 outside the City of Baxley
4646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 210 through 212, 216, 217,
220, and 221
That part of Block 222 outside the
City of Baxley
Blocks 301 through 313, 316 through
355, 360 through 394, 397, and 398
District No. 4
Appling County
Tract 9902
Blocks 108 through 129, 401 through
488, 494, 495, and 498
District No. 5
Appling County
Tract 9902
Blocks 107 and 489 through 493
Tract 9903
Blocks 105 through 109 and 112
through 125
Block Groups 2 through 5
Blocks 653 through 658 and 661
through 681
District No. 6
Appling County
Tract 9902
Blocks 219, 314, 315, 356 through
359, 395, and 396
Tract 9903
Blocks 601 through 652, 659, and 660
Block Groups 7 and 8
(b) For the purposes of this subsection (b):
(1) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any commissioner district
refers to a named city, it shall mean the geographical boundaries
GEORGIA LAWS 1982 SESSION
4647
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(3) Any part of Appling County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(c) The choice between the five-member plan described in para-
graph (1) of subsection (a) and the six-member plan described in
paragraph (2) of subsection (a) shall be made at a referendum held on
the date of the November, 1982, general election. Not less than 30 nor
more than 45 days before the date of said general election, it shall be
the duty of the election superintendent of Appling County to issue
the call for an election for the purpose of selection of which plan shall
apply by the electors of Appling County. The superintendent shall set
the date of such election for the date of the November, 1982, general
election. The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Appling County.
The ballot shall have written or printed thereon the words:
( ) FIVE MEMBERS Shall the five - mem-
( ) SIX MEMBERS ber plan or the six-
member plan for the
election of the board
of commissioners of
Appling County be
approved?
All persons desiring to vote for the five-member plan shall vote
FIVE MEMBERS, and those persons desiring to vote for the six-
member plan shall vote SIX MEMBERS. If more than one-half of
the votes cast on such question are for approval of the five-member
plan, it shall become of full force and effect; otherwise the six-
member plan shall become of full force and effect.
The expense of such election shall be borne by Appling 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.
4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) If the five-member plan becomes effective, then the chair-
man shall not be elected by the board but shall be elected by the
voters of the county at large; and all provisions of this Act which refer
to the board of commissioners being made up of six members shall be
construed to refer to the five-member and chairman board provided
by paragraph (1) of subsection (a). If the six-member plan becomes
effective, then said other provisions of this Act shall not be so
affected.
(e) The first members of the board elected under this section
shall be elected in 1984 for terms beginning January 1, 1985. The
members in office on the effective date of this section shall serve out
the terms for which they were elected. The terms of all members shall
be for four years.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Legislation To Be Introduced.
The Appling County Board of Commissioners will be introducing
legislation pertaining to County Reapportionment in the 1982
Georgia General Assembly. Anyone desiring information pertaining
to the County Reapportionment is encouraged to contact the County
Clerks office.
Kenneth Craven
Chairman,
Appling County Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Lunsford Moody who, on oath,
deposes and says that he/she is Representative from the 138th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in Baxley News-Banner which
GEORGIA LAWS 1982 SESSION
4649
is the official organ of Appling County, on the following dates:
January 21,28 and February 4,1982.
/s/ Lunsford Moody
Representative,
138th District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
PIERCE COUNTY SCHOOL BOARD AND
SUPERINTENDENT, REFERENDUM.
No. 1190 (House Bill No. 1937).
AN ACT
To provide for a referendum election in Pierce County at which
the voters of the Pierce County School District shall be given several
choices relating to the composition and selection of the board of
education and relating to the appointment or election of the county
school superintendent; to provide for education districts; to provide
for qualifications of the members of the board; to provide for the
manner of election in certain cases; to provide for filling vacancies; to
provide for compensation of members of the board and compensation
of the county school superintendent under certain conditions; to
provide procedures for holding the referendum election; to provide
4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the ballot; to provide for clarifications; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
Section 1. (a) The board of education of Pierce County shall be
composed of five members to be elected as hereinafter provided. For
the purpose of electing members of the board, Pierce County shall be
divided into four education districts as follows:
(1) Education District No. 1 shall be composed of the fol-
lowing territory within Pierce County:
Tract 9902
Blocks 233, 235, 264, 265, 268
through 272, 277 through 289, 301,
303 through 309, 311 through 316,
324 through 333, 335 through 372,
and 484
(2) Education District No. 2 shall be composed of the fol-
lowing territory within Pierce County:
Tract 9901
That part of Block 225 inside the
City of Blackshear
Blocks 230 through 236
That part of Block 237 inside the
City of Blackshear
Blocks 238 through 268
That part of Block 271 inside the
City of Blackshear
Blocks 312 through 322, 327 through
330, 340, 356 through 365, and
368 through 380
Block Group 4
Tract 9902
Blocks 224 through 232, 236 through
241, 243 through 263, 273 through
276, 294 through 296, 318 through
323, and 334
GEORGIA LAWS 1982 SESSION
4651
(3) Education District No. 3 shall be composed of the fol-
lowing territory within Pierce County:
Tract 9901
That part of Block 139 inside the
City of Patterson
Blocks 155 through 161, 168 through
178, and 180 through 190
That part of Block 199 inside the
City of Patterson
Blocks 201 through 224
That part of Block 225 outside the
City of Blackshear
Blocks 227 and 228
That part of Block 237 outside the
City of Blackshear
Blocks 269 and 270
That part of Block 271 outside the
City of Blackshear
Blocks 272 through 289, 301 through
311, 323 through 326, 341 through
355, 366, 367, and 381 through 390
(4) Education District No. 4 shall be composed of the fol-
lowing territory within Pierce County:
Tract 9901
Blocks 101 through 115, 117 through
119, 123, 126 through 130, and
134 through 138
That part of Block 139 outside the
City of Patterson
Blocks 140 through 142, 144 through
154, and 162 through 167
That part of Block 199 outside the
City of Patterson
Tract 9902
Block Group 1
Blocks 201 through 223 and 399
(b) For purposes of this section, the terms Tract or Census
Tract, Block Group, and Block shall mean and shall describe
the same geographical boundaries as provided in the report of the
4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Bureau of the Census for the United States decennial census of 1980
for the State of Georgia.
Section 2. (a) There shall be one member of the board elected by
the voters of the entire county who shall be the chairman. Any person
desiring to qualify as a candidate for chairman shall designate that he
is qualifying for the chairman post. A candidate for chairman may
reside anywhere in Pierce County. Any person qualifying for the
chairman post shall not be permitted to qualify as a candidate for
election to the board from any education district as provided in
subsection (b) of this section.
(b) There shall be one member of the board elected from each
education district. Any person qualifying as a candidate shall desig-
nate the education district for which he desires to qualify. A person
may not offer as a candidate for election to the board from any
education district other than from the education district in which he
is a legal resident. The members of the board of education elected
pursuant to this subsection shall be elected by the voters of the entire
county.
Section 3. No person shall be eligible to offer for election to the
board or serve thereon unless he is at least 21 years of age, has been a
resident of the state at least one year, and has been a resident of the
territory embraced within the education district from which he offers
as a candidate for at least six months immediately preceding the date
of the election. In the event a member moves his residence from the
education district he represents, his place on the board shall immedi-
ately become vacant.
Section 4. (a) The members of the board of education of Pierce
County who were appointed by the Pierce County Grand Jury and
members appointed by the grand jury to fill vacancies or terms
expiring prior to January 1, 1983, shall continue in office until
January 1, 1983, and until their successors are duly elected and
qualified as hereinafter provided.
(b) The first members of the board of education of Pierce
County provided for herein shall be elected at the general election of
1982 and shall take office on the first day of January, 1983. Members
elected from Education District No. 1 and Education District No. 3
shall be elected for terms of two years and until their successors are
elected and qualified. Members elected from Education District No.
GEORGIA LAWS 1982 SESSION
4653
2 and Education District No. 4 and the member elected as chairman
shall be elected 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 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 succes-
sors are elected and qualified. All members of said board shall be
nominated and elected in accordance with the provisions of the
Georgia Election Code.
Section 5. Vacancies occurring on the board which occur within
the first two years of a term of office shall be filled by the remaining
members of the board electing a successor to serve until the next
general election, at which time a successor shall be elected to serve out
the unexpired term of office. Vacancies occurring during the last two
years of a term of office shall be filled by the remaining members of
the board electing a successor to serve out the unexpired term of
office.
Section 6. The board of education of Pierce County created by
this Act shall be the successor to all the rights, powers, duties, and
obligations of the old board of education of Pierce County and shall
be subject to all constitutional and statutory provisions relating to
county boards of education not in conflict with this Act. The
members of the board of education created by this Act shall be
compensated in the amount of $100.00 per month for carrying out
their duties.
ARTICLE II
Section 7. Effective January 1,1985, the county school superin-
tendent of Pierce County shall be appointed by the board of educa-
tion of Pierce County. No election for the office of Pierce County
School Superintendent shall be held in 1984 or thereafter. The board
of education of Pierce County shall fix the compensation to be
received by the superintendent, and the superintendent shall be
subject to all constitutional and statutory provisions relating to
county school superintendents not in conflict with this Act.
ARTICLE III
Section 8. Not more than ten days after the approval of this Act
by the Governor or after it otherwise becomes law, it shall be the duty
4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the election superintendent of Pierce County to issue the call for an
election for the purpose of submitting to the electors of the Pierce
County School District, for approval or rejection, the proposals
hereafter provided relative to the board of education of Pierce
County. The superintendent shall set the date of such election for a
day not less than 30 nor more than 40 days after the date of the
issuance of the call. The superintendent shall cause the date and
purpose of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ of Pierce
County. The ballot shall be so prepared that the electors shall have
an opportunity to vote for the following proposals:
Proposal No. 1
( ) Question No. 1. Shall the board of education of Pierce
County continue to be appointed by the grand jury of
Pierce County?
( ) Question No. 2. Shall the board of education of Pierce
County be elected by the voters of Pierce County?
Vote for one.
No voter shall vote for more than one of the above questions. If
Question No. 1 receives more votes or an equal number of votes as
Question No. 2, the board of education shall continue to be appointed
by the grand jury. If Question No. 2 receives more votes, the board of
education shall be elected as provided in this Act.
Proposed No. 2
If the board of education is to be elected:
( ) Question No. 1. Shall the county school superintendent
of Pierce County be appointed by the board of educa-
tion of Pierce County?
( ) Question No. 2. Shall the county school superintendent
continue to be elected by the voters of Pierce County?
GEORGIA LAWS 1982 SESSION
4655
Vote for one.
No voter shall vote for more than one of the above questions. If
Question No. 1 receives more votes or an equal number of votes as
Question No. 2, the county school superintendent shall be appointed
pursuant to Article II of this Act. If Question No. 2 receives more
votes, the county school superintendent shall continue to be elected
as provided by law and Article II shall be void and of no force and
effect; provided, however, if Question No. 1 of Proposal No. 1 receives
one-half or more of the votes cast on Proposal No. 1, Article II of this
Act is void and of no force and effect.
The expense of such election shall be borne by Pierce 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.
ARTICLE IV
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
The Committee appointed by May 1981 Grand Jury submits the
following plan to enact the recommendations made by the December
1980 Grand Jury and the May 1981 Grand Jury concerning the
elections of School Board Members and appointment or election of
School Superintendent.
1. That in submitting this plan the Committee feels that the entire
county should be divided into four (4) school districts or posts, that
each post be designated numerically by number. According to county
map attached hereto. A Chairperson will be elected at large. That
each person qualifying for any particular designated post or district
number shall reside in said district or post and shall qualify for that
said post or district, but that each member shall be elected by the
voters of the entire county. That the salary for members of the Board
shall be $100.00 per month with cost of living adjustment each year.
The members elected from districts or posts number 1 and 3 shall be
elected for an original term of two years and until their successors are
elected and qualified, members from posts 2 and 4 along with the
4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chairperson shall be elected original terms of 4 years. Thereafter, all
members shall be elected for terms of four years and until their
successors are elected and qualified, and shall be elected at the
General Election in the year of expiration of their terms of office. All
members shall take office on the 1st day of January immediately
following their election. In the event a vacancy occurs on the Board
for any reason other than expiration of terms of office the remaining
members of the Board shall elect a person from the district in which
vacancy occurs and such person shall serve for the unexpired term. In
the event a member moves his residence from the district he repre-
sents a vacancy shall exist from such district and shall be filled in the
same manner as other vacancies are filled. A member shall be eligible
to succeed himself as member of the Board and also as Chairperson of
the Board.
2. This referendum shall contain a second question as to whether
the School Superintendent should be elected by the voters or
appointed by the Board of Education.
Ivey Lee
E. D. Hendry, Jr.
E. E. Pritchard
Cleve Henderson
Helen Cason
Mrs. Bruce Hamilton
Mary C. Bennett
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 Blackshear Times which
is the official organ of Pierce County, on the following dates: February
18,25 and March 4,1982.
/s/ James C. Moore
Representative,
152nd District
GEORGIA LAWS 1982 SESSION
4657
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
BRUNSWICK PORT AUTHORITY ACT AMENDED.
No. 1191 (House Bill No. 1939).
AN ACT
To amend an Act creating the Brunswick Port Authority,
approved March 8,1945 (Ga. L. 1945, p. 1023), as amended, so as to
authorize the Authority to borrow money from any source, public or
private, for any of its corporate purposes and make contracts and
execute instruments in connection therewith; 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 Brunswick Port Authority,
approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended, is
amended by striking paragraph (6) of Section 4 in its entirety and
substituting in lieu thereof a new paragraph (6) to read as follows:
(6) to construct, erect, acquire, own, repair, remodel, maintain,
add to, extend, improve, equip, operate and manage projects, as
hereinabove defined, to be located on property owned or leased by the
Authority;.
4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking paragraph (8)
of Section 4 in its entirety and substituting in lieu thereof new
paragraphs (8) and (8) (A) to read as follows:
(8) to borrow money from any source, public or private, for any
of its corporate purposes, and make contracts and execute all instru-
ments necessary or convenient in connection therewith;
(8) (A) to issue negotiable revenue bonds payable from earnings
of projects of the Authority and to provide for the payment of the
same and for the rights of the holders thereof;.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Brunswick Port Authority, approved March 8,1945 (Ga.
L. 1945, p. 1023), as amended; and for other purposes.
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: February
18, 25 and March 4,1982.
/s/ James R. Tuten, Jr.
Representative,
153rd District
GEORGIA LAWS 1982 SESSION
4659
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 12, 1982.
MAGISTRATES COURT OF DOUGLAS COUNTY
CREATED.
No. 1192 (House Bill No. 1944).
AN ACT
To create a court to be known as the Magistrates Court of
Douglas County; to define its jurisdiction and powers; to provide for
the appointment or election, duties, and compensation of the presid-
ing officer, who shall be designated magistrate; to provide for the
appointment, duties, and compensation of deputy magistrates and a
clerk; to provide for the keeping of dockets; to provide for the
reporting of cases; to provide an oath for the magistrate and deputy
magistrates; to provide for 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. There is created a court which shall be known as the
Magistrates Court of Douglas County and which shall have the
powers and duties hereinafter set out.
Section 2. (a) There shall be a presiding officer of such court
who shall be known as the magistrate. The initial magistrate of such
4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
court shall be appointed by the judges of the Superior Court of
Douglas County immediately after the effective date of this Act to
serve for a term of office which will expire December 31, 1982. His
successor shall be elected at the general election held in 1982 and shall
take office on the first day of January, 1983, for a term of four years
and until his successor is elected and qualified. Thereafter, succes-
sors 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 their election for four years and until
their successors are elected and qualified. The elections provided for
herein shall be held and conducted in accordance with the provisions
of the Georgia Election Code, as now or hereafter amended, in the
same manner as elections for county officers.
(b) Any person elected as the magistrate must be a resident of
Douglas County, be at least 21 years of age, be a member of the State
Bar of Georgia, and be a person of outstanding character and integ-
rity.
(c) The magistrate may practice law in other courts of this state
except with respect to cases which have been processed through the
magistrates court. The magistrate may be removed by the Governor
for malfeasance or misfeasance in office. Should a vacancy be caused
by the death, resignation, or removal of any magistrate, such vacancy
shall be filled by appointment of a successor by the grand jury of
Douglas County for the unexpired term. Any magistrate appointed to
fill such vacancy for the unexpired term shall have and exercise all the
powers and duties of the office and shall receive the compensation of
said office during his tenure.
Section 3. The magistrate may appoint not more than three
deputy magistrates with the consent of the judges of the Superior
Court of Douglas County. The deputy magistrates shall serve at the
pleasure of the magistrate and under his supervision and direction.
Section 4. The magistrate of said court may appoint a person to
act as clerk of said court. It shall be the duty of the clerk of this court
to keep all dockets, books, and records required of this court specifi-
cally by this Act and generally by the laws of this state; to make all
reports and account for all costs, fines, and forfeitures required
specifically by this Act and by the laws of this state; to have a seal for
the court; to issue and sign every order, rule, summons, subpoena,
writ, and execution, including, but not limited to, dispossessory
GEORGIA LAWS 1982 SESSION
4661
warrants, distress warrants, attachments, all other statutory proceed-
ings, and process or court paper under the authority of the court,
except criminal warrants, and attach seals thereto when necessary; to
attend all sessions of the court as required by the judge thereof; and
generally to do and perform, insofar as applicable to the Magistrates
Court of Douglas County or as required in this Act, all duties as clerk
which clerks of the superior court may do.
Section 5. An accurate record of all costs, fees, forfeitures, and
charges in this court shall be kept by the clerk of this court; and all
costs, fees, and charges of every kind collected by any of the officers of
this court shall be immediately turned over to the clerk of this court
and entered at once by the clerk on his records on or before the fifth
day of each month. It shall be the duty of the clerk to furnish the
board of commissioners of Douglas County a complete, accurate, and
sworn statement of all such costs, charges, fees, fines, forfeitures, and
collections and to pay over all of the moneys collected to the chief
financial officer of Douglas County.
Section 6. This court and the judge thereof shall have all powers
to do all acts which justices of the peace now are or may hereafter be
authorized to do under the law of Georgia and shall have jurisdiction
as to subject matter to try and to dispose of all cases wherein the law
jurisdiction is conferred upon justices of the peace and justice courts;
and the jurisdiction therein and thereover as to the amount shall
extend to all cases wherein the principal amount shall be $2,000.00 or
less. All proceedings and procedures, including, but not limited to,
those relative to pleadings, issuance of summons and warrants,
committal hearings, trial by the court, trial by jury, and appeal and
certiorari shall be the same as is now or may hereafter be provided for
justices of the peace and justice courts under the laws of this state
except as otherwise provided in this Act.
Section 7. The magistrate of Douglas County and the deputy
magistrates shall have criminal jurisdiction to issue warrants for the
apprehension of any person charged on oath with the violation of any
penal law in Douglas County, returnable to any court in Douglas
County, and are also empowered to issue search warrants and peace
warrants.
Section 8. The magistrate of Douglas County and the deputy
magistrates shall also have jurisdiction to hold courts of inquiry to
examine into an accusation against a person arrested and brought
4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
before them, to accept and approve bonds pending commitment
hearings and bonds pending indictment and trial, and to discharge
any and all other functions which under the laws of this state are
performable by a justice of the peace. The time of such inquiry shall
be determined by the magistrate and shall be held at the courthouse
in Douglas County, Georgia, or at such other public location as
designated by the magistrate.
Section 9. This court and the judge thereof shall also have
jurisdiction and power to conduct trials, receive pleas of guilty or of
nolo contendere, and impose sentence upon defendants charged with
a violation of any ordinance, law, or regulation adopted by the board
of commissioners of Douglas County which constitutes a misde-
meanor.
Section 10. The terms of this court shall commence on the first
Monday in each month. The judge of this court shall have the power
to hold court in session from day to day and to recess the same from
time to time, provided that each term of this court shall be finally
adjourned simultaneously with the commencement of the succeeding
term.
Section 11. In all civil cases filed or brought in this court, the
procedure, pleading, and practice in this court shall be the same as
that now or hereafter prescribed by the laws of this state for justice
courts except as otherwise provided in this Act.
Section 12. In all matters pertaining to service, pleading, and
practice, the laws governing the justice court, where not inconsistent
with this Act and unless otherwise specifically provided by this Act,
shall be applicable to the Magistrates Court of Douglas County.
Section 13. All executions issued from this court shall hear teste
in the name of the judge, be signed by the clerk or by the deputy clerk,
and be directed to the constables of this court and to all and singular
the sheriffs or their deputies of the various counties of Georgia.
Section 14. The costs and fees charged in this court in all cases
shall be the same as are now or hereafter provided by law for justice
courts and constables except as otherwise provided herein. The cost
of criminal arrest warrants shall be $15.00.
GEORGIA LAWS 1982 SESSION
4663
Section 15. Each party filing a civil suit or proceeding in this
court shall deposit with the clerk of this court at the time of the filing
or commencement of the proceedings the sum of $13.00 on cost of
suit; provided, however, this 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 the suit or proceeding, the
amount of the deposit shall be taxed as a part of the cost against the
losing party defendant and shall be refunded to the party depositing
the same after all costs have been paid.
Section 16. The magistrate of said court shall receive a salary of
$12,000.00 per annum, payable in equal monthly installments out of
the treasury of Douglas County. The deputy magistrates shall be
compensated by the magistrate from these funds.
Section 17. The compensation of the clerk and all necessary
expenses of the Magistrates Court of Douglas County shall be paid
from the treasury of Douglas County.
Section 18. Before entering upon the discharge of the duties of
their office, the magistrate and the deputy magistrate shall take and
subscribe before the probate judge of Douglas County the following
oath:
I solemnly swear that I will administer justice as announced by
the law and not of my personal determination, without respect to
persons, and do equal right to all persons and that I will faithfully and
impartially discharge and perform all duties which may be required of
me as magistrate or deputy magistrate of the Magistrates Court of
Douglas County, according to the best of my ability and understand-
ing and in accordance with the laws and Constitution of this state and
the Constitution of the United States, so help me God.
Section 19. In the event of the disqualification, illness, or
absence of the magistrate, the magistrate may appoint any attorney
at law resident in Douglas County or any judge or any duly appointed
juvenile court judge to serve as judge pro tempore of said court; and,
in the event he i3 absent or unable to make such appointment, the
judge of the superior court of that county may so appoint and such
person so appointed shall have the authority to preside in the stead of
said disqualified, ill, or absent magistrate and shall be paid from the
county treasury.
4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 20. 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
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 21. This Act shall become effective on 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 22. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to provide for
the establishment of a magistrates court of Douglas County; to define
its jurisdiction and the powers and all matters relevant thereto; and
for other purposes.
This 22nd day of February, 1982.
Thomas M. Kilgore
Representative,
65th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas Kilgore who, on oath,
deposes and says that he/she is Representative from the 65th District,
GEORGIA LAWS 1982 SESSION
4665
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: Feb. 25,
1982 & March 4 & 11,1982.
/s/ Thomas M. Kilgore
Representative,
65th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
SEMINOLE COUNTY COMPENSATION
OF SHERIFF.
No. 1194 (Senate Bill No. 630).
AN ACT
To amend an Act providing for the compensation of the Sheriff of
Seminole County, approved February 18,1966 (Ga. L. 1966, p. 2058),
as amended by an Act approved March 2,1978 (Ga. L. 1978, p. 3074),
so as to change the authorized compensation of the sheriff; to provide
how the compensation shall be determined; to provide for other
matters relative to the foregoing; to provide for interim compensa-
tion; to provide an effective date; to repeal conflicting laws; and for
other purposes.
4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of the Sheriff
of Seminole County, approved February 18, 1966 (Ga. L. 1966, p.
2058), as amended by an Act approved March 2,1978 (Ga. L. 1978, p.
3074), is amended by striking Section 1 of said Act in its entirety and
inserting in lieu thereof the following:
Section 1. (a) The Sheriff 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 sheriff, and
such salary shall become effective 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 Sheriff 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, 1982, and until such time as the salary of the sheriff is
set by the County Commissioners of Seminole County in accordance
with an Act providing for the compensation of the Sheriff of Seminole
County, approved February 18, 1966 (Ga. L. 1966, p. 2058), as
amended.
Section 3. This Act shall become effective on June 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly a bill to amend an Act providing
for the compensation of the Sheriff of Seminole County, approved
February 18, 1966 (Ga. L. 1966, p. 2058), as amended, particularly by
an Act approved March 2, 1978 (Ga. L. 1978, p. 3074); and for other
purposes.
GEORGIA LAWS 1982 SESSION
4667
This the 11th day of January, 1982.
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: Jan. 14, 21
& 28,1982.
/s/ Jimmy Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 3rd day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
POLK COUNTY DEPUTY SHERIFFS.
No. 1195 (Senate Bill No. 631).
AN ACT
To amend an Act placing certain officers of Polk County on an
annual salary in lieu of a fee system of compensation, approved
March 10,1959 (Ga. L. 1959, p. 2732), as amended, particularly by an
Act approved April 11,1979 (Ga. L. 1979, p. 3707), so as to change the
number of deputies to be employed by the sheriff; 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 Polk County on an
annual salary in lieu of a fee system of compensation, approved
March 10,1959 (Ga. L. 1959, p. 2732), as amended, particularly by an
Act approved April 11, 1979 (Ga. L. 1979, p. 3707), is amended by
striking subsection (c) of Section 2 of said Act in its entirety and
inserting in lieu thereof a new subsection (c) to read as follows:
(c) The sheriff of said county, who is also sheriff of the state
court of said county, shall receive a salary of $14,400.00 per annum.
The sheriff shall employ a chief deputy sheriff, to be paid at the rate
of $11,100.00 per annum and two deputy sheriffs to be paid at the rate
of $11,100.00 per annum.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 1982 Session of the General Assembly of Georgia, a Bill to amend
an Act of the General Assembly of Georgia, approved March 10,1959
(Ga. L. 1959, p. 2732), as amended, particularly by an Act approved
March 25, 1964 (Ga. L. 1964, p. 3155); as further amended by an Act
approved April 25,1969 (Ga. L. 1969, p. 3622); as further amended by
an Act approved April 10, 1971 (Ga. L. 1971, p. 3818); as further
amended by an Act approved February 28,1974 (Ga. L. 1974, p. 2069);
GEORGIA LAWS 1982 SESSION
4669
as further amended by an Act approved April 17,1975 (Ga. L. 1975, p.
3960) and as further amended by an Act approved April 11,1979, (Ga.
L. 1979, p. 3707), so as to change the number of deputies to be
employed by the Sheriff of Polk County, Georgia, and to establish a
salary for such deputies, and for other purposes.
This the 14th day of December, 1981.
Don Williams
Chairman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Nathan Dean who, on oath, deposes
and says that he/she is Senator from the 31st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Cedartown Standard which is the official organ
of Polk County, on the following dates: Dec. 5,29,1981 & Jan. 5,1982.
/s/ Nathan Dean
Senator,
31st District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY WATER AND SEWERAGE
AUTHORITY ACT AMENDED.
No. 1196 (Senate Bill No. 633).
AN ACT
To amend an Act known as the Gwinnett County Water and
Sewerage Authority Act, approved March 13, 1970 (Ga. L. 1970, p.
2827), as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 3818), so as to change the provisions relating to the
procedures for filling vacancies on the authority; 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. L. 1970, p.
2827), as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 3818), is amended by striking subsection (c) of Section 2A
in its entirety and substituting in lieu thereof a new subsection (c) to
read as follows:
(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. Such advertise-
ment shall also give notice that interested persons may apply to the
Board of Commissioners of Gwinnett County to request that consid-
eration be given to them for appointment to the authority. The Board
of Commissioners of Gwinnett County shall establish procedures for
interested persons to apply for appointment to the authority.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4671
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill relating to the
Gwinnett County Water and Sewerage Authority and for other
purposes.
This 5th day of January, 1982.
Steve Reynolds
Senator,
District 48
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Reynolds who, on oath, deposes
and says that he/she is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Gwinnett Daily News which is the official organ
of Gwinnett County, on the following dates: January 8, 15 and 22,
1982.
/s/ Steve Reynolds
Senator,
48th District
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY PUBLIC FACILITIES
AUTHORITY ACT AMENDED.
No. 1197 (Senate Bill No. 634).
AN ACT
To amend an Act creating the Gwinnett County Public Facilities
Authority, approved April 17, 1975 (Ga. L. 1975, p. 4463), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3825), so as to change the provisions relating to the procedures for
filling vacancies on the authority; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Gwinnett County Public Facili-
ties Authority, approved April 17, 1975 (Ga. L. 1975, p. 4463), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3825), is amended by striking subsection (c) of Section 25.1 and
substituting in lieu thereof a new subsection (c) to read as follows:
(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. Such advertise-
ment shall also give notice that interested persons may apply to the
Board of Commissioners of Gwinnett County to request that consid-
eration be given to them for appointment to the authority. The Board
of Commissioners of Gwinnett County shall establish procedures for
interested persons to apply for appointment to the authority.
GEORGIA LAWS 1982 SESSION
4673
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill relating to the
Gwinnett County Public Facilities Authority and for other purposes.
This 5th day of January, 1982.
Steve Reynolds
Senator,
District 48
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Reynolds who, on oath, deposes
and says that he/she is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Gwinnett Daily News which is the official organ
of Gwinnett County, on the following dates: January 8, 15 and 22,
1982.
/s/ Steve Reynolds
Senator,
48th District
4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
GWINNETT COUNTY RECREATION AUTHORITY
ACT AMENDED.
No. 1198 (Senate Bill No. 635).
AN ACT
To amend an Act creating the Gwinnett County Recreation
Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3828), so as to change the provisions relating to the procedures for
filling vacancies on the authority; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Gwinnett County Recreation
Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3828), is amended by striking subsection (c) of Section 25.1 in its
entirety and substituting in lieu thereof a new subsection (c) to read
as follows:
(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
GEORGIA LAWS 1982 SESSION
4675
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. Such advertise-
ment shall also give notice that interested persons may apply to the
Board of Commissioners of Gwinnett County to request that consid-
eration be given to them for appointment to the authority. The Board
of Commissioners of Gwinnett County shall establish procedures for
interested persons to apply for appointment to the authority.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill relating to the
Gwinnett County Recreation Authority and for other purposes.
This 5th day of January, 1982.
Steve Reynolds
Senator,
District 48
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Steve Reynolds who, on oath, deposes
and says that he/she is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Gwinnett Daily News which is the official organ
of Gwinnett County, on the following dates: January 8, 15 and 22,
1982.
4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Steve Reynolds
Senator,
48th District
Sworn to and subscribed before me,
this 1st day of February, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
CITY OF UNION CITY NEW CHARTER.
No. 1275 (House Bill No. 1836).
AN ACT
To provide a new charter for the City of Union City, Georgia; to
provide for the incorporation, boundaries, and powers of such city; to
provide for the governing authority; to provide for the mayor and city
council; to provide for organization and administration; to provide for
the municipal court of the city government; to provide for elections
and vacancies; to provide for the financial and fiscal affairs of the city;
to provide for municipal services and regulatory functions; to provide
for general provisions; to provide for other matters relative thereto; to
provide for specific repeal; to provide for severability; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4677
ARTICLE I
INCORPORATION, POWERS, BOUNDARIES
Section 1-101. Incorporation; name. The City of Union City,
Georgia, and the inhabitants thereof, shall continue to be a body
politic and corporate under the name of the City of Union City
(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; may contract and be contracted with; may
acquire and hold any property, real and personal, as may be devised,
bequeathed, sold, or in any manner conveyed or dedicated to or
otherwise acquired by it, and from time to time may hold or invest,
sell or dispose of any of its property; and may have a common seal and
alter it at will.
(c) In addition to and supplementary of any powers now con-
ferred upon and possessed by any municipality, the city may exercise
the following general powers and provide the following services:
(1) Police and fire protection;
(2) Garbage and solid waste collection and disposal;
(3) Public health facilities and services, including hospi-
tals, ambulance, emergency rescue services, and animal control;
4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Street and road construction and maintenance, includ-
ing curbs, sidewalks, and street lights and devices to control the
flow of traffic on streets and roads;
(5) Parks, recreational areas, programs, and facilities;
(6) Storm water and sewage collection and disposal sys-
tems;
(7) Development, storage, treatment and purification, and
distribution of water;
(8) Public housing;
(9) Urban redevelopment programs;
(10) Public transportation systems;
(11) Libraries;
(12) Terminal and dock facilities and parking facilities;
(13) Building, housing, plumbing, and electrical codes;
(14) Air pollution control; and
(15) Planning and zoning.
Section 1-103. Specific powers; certain powers enumerated.
In addition to and supplementary of any powers now or hereafter
conferred upon and possessed by any municipality, the corporate
powers of the city, to be exercised by the governing authority, shall
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 provide for the collection of license fees and
taxes on privileges, occupations, trades, and professions, not in
conflict with the general laws of this state, and to license and
regulate such privileges, occupations, trades, and professions, and
to provide for the manner and method of payment of such licenses
and taxes;
GEORGIA LAWS 1982 SESSION
4679
(3) To assess, charge, and collect rentals, interests, fees,
penalties, fines, and costs; to assess and collect fees, charges, and
tolls for sewer and water services under such rules and regulations
as prescribed by ordinance; to levy and collect garbage, trash,
refuse, and rubbish collection service charges and sanitary taxes
under such rules and regulations as prescribed by ordinance; to
collect income on investments and to accept funds, services, or
property from other political subdivisions and public agencies,
either local, state, or national, and from private persons, firms, or
corporations;
(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 to provide for pay-
ment of the debts of the city; 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,
provided such bonding authority shall be exercised in accordance
with the laws governing the issuance of bonds by municipalities;
(6) To acquire, dispose of, and hold in trust or otherwise,
any real, personal, or mixed property, or any interest therein,
inside or outside the corporate boundaries of the city, and to
dispose of said property or any interest therein by sale, lease, or
easement;
(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
boundaries of the city, for present or future use, and for any
corporate purpose deemed necessary by the council. In addition,
the city shall be authorized to construct water and sewer utility
lines through private property by condemnation or agreement;
provided, however, that the condemnation of an existing public
use by a condemning authority other than the city shall be denied
unless it can be shown that the specific property to be condemned
4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
is absolutely essential to the condemning authority and the use to
be condemned does not materially impair the existing public use;
(9) To acquire, lease, construct, operate, maintain, regulate,
control, sell, and dispose of public utilities, including but not
limited to a system of waterworks, sewers and drains, sewage
disposal, natural gas systems, electrical power systems, trans-
portation facilities, airports, and any other public utility inside
and outside the corporate limits; to fix the taxes, charges, rates,
fares, fees, assessments, regulations and liens, penalties and with-
drawal of service for refusal or failure to pay same and the manner
in which such remedies shall be enforced, provided liens shall be
enforced in the same manner and with the same remedies as a lien
for city property taxes; to assess the cost or a portion of the cost of
such facilities and services against abutting property under such
rules, procedures, terms, and conditions of payment and enforce-
ment thereof as provided by ordinance, provided the council shall
have no power or authority to sell or in any way alienate the citys
system of waterworks;
(10) To grant franchises or make contracts for public utili-
ties and public services as provided by law, including but not
limited to community antenna television systems, railroads, steam
heat companies, telephone and telegraph companies, and water
companies. The city may prescribe the rates, fares, regulations,
standards, and conditions of service applicable to the service to be
provided by the franchise grantee or contractor, insofar as not in
conflict with such regulations by the Public Service Commission
of the State of Georgia and may grant franchises and rights of way
throughout the streets and roads, and over the bridges and
viaducts, for the use of public utilities; the city may extend, renew,
or amend a franchise at any time by mutual agreement of the
parties and by adoption thereof by the city. In all other cases, the
city shall have no authority or power to grant, consent to, or
permit the extension, removal, or change of the term for which
franchises have been or may be granted, or in any way to extend or
renew the time for which permission has been or may be given to
occupy the streets and public places, except and only during the 12
months immediately preceding the expiration of the term of such
franchises and permits; and all extensions and renewals made in
violation of this section shall be void;
GEORGIA LAWS 1982 SESSION
4681
(11) To lay out, open, extend, widen, narrow, establish, or
change the grade of, vacate, abandon, or close, construct, pave,
repave, curb, gutter, adorn with shade trees, otherwise improve,
maintain, repair, clean, prevent erosion of, and light streets, alleys,
sidewalks, and walkways within the corporate limits of the city; to
acquire land for such improvements and to assess the cost or a
portion of the cost of payment and enforcement thereof against
abutting property under such rules, procedures, terms, and condi-
tions as provided by ordinance;
(12) To undertake and expend tax or nontax funds to foster
mutual understanding, tolerance, respect, and improvement of
human relations among all citizens of the city;
(13) To establish and fix a system of grading and draining of
the streets of the city; and to cause the owners of lots or cellars to
drain or fill the same to the level of the streets or alleys upon which
said lots or cellars are located. After reasonable notice, the city
shall be authorized to have said lots or cellars so drained or filled
and the amount so expended collected by executions against the
owner or occupant thereof;
(14) To accept by gift, acquire, lease, construct, operate,
maintain, regulate, control, sell, and dispose of public ways, parks,
public grounds, cemeteries, markets and market houses, public
buildings, libraries, airports, auditoriums, and charitable, educa-
tional, recreational, conservation, sport, curative, corrective,
detentional, penal, and medical institutions, agencies, and facili-
ties; 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, or
under any power or procedure of eminent domain now or hereafter
provided by the General Assembly of Georgia;
(15) To require 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;
(16) 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
4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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;
(17) To regulate or prohibit junk dealers; to regulate and
control pawn shops; the manufacture, sale, or transportation of
intoxicating liquors and alcoholic, malt, and vinous beverages; the
use and sale of firearms; and to regulate the transportation,
storage, and use of combustible, explosive, and inflammable mate-
rials, 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 for-
tunetelling or palmistry;
(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 city
and to prescribe penalties and punishment for violation of such
ordinances;
(21) To prescribe standards of health, safety, and sanitation
and to provide for the enforcement of such standards; to own,
operate, lease, or contract for ambulance services and other emer-
gency medical services, and to regulate health by adopting the
rules, regulations, and orders of any county board of health;
(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 district limits and from time to
time extend, enlarge, or restrict same; to prescribe fire safety
regulations not inconsistent with general law, relating to both fire
prevention and detection and to fire fighting, and to prescribe
penalties and punishment for violation thereof;
GEORGIA LAWS 1982 SESSION
4683
(24) To provide for the destruction and removal of any
building or other structure which is dangerous or detrimental to
the public;
(25) 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;
(26) 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 and benefiting from such services; to
enforce the payment of such charges, taxes, or fees and to provide
for the manner and method of collecting such service charges,
provided that any such charges, taxes, or fees, if unpaid, shall
constitute a debt which shall be subject to a lien against any
property of persons served, which lien shall be enforceable in the
same manner, and under the same remedies, as a lien for city
property taxes;
(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 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;
(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,
conduct, or use of property which is detrimental, or likely to be
detrimental, to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the
enforcement of such standards;
4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(30) To define a nuisance in the city and to provide for its
abatement; to cause nuisances which are likely to endanger the
health of the city or any neighborhood therein to be abated in a
summary manner at the expense of the party whose act or
negligence caused such nuisance, or of the owner of the property
upon which the same may be located, as the city shall elect. The
city 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 his failure or refusal to
abate the same within ten days after written notice and hearing
from the city to do so, said expense to be a lien upon the property
for which execution may issue as for property taxes;
(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,
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; to
require adequate fire escapes on buildings; to regulate or restrict
smoking in public places, dangerous substances, and weapons;
(33) To provide that persons given jail sentences in the
municipal court shall work out such sentences in any public works
or on the public streets of the city as provided by ordinance; or the
city may provide for the commitment of city prisoners to any
county or other correctional institution, to jail, or to any other
government agency, by agreement with the appropriate county
officers or any other government agencies;
(34) To adopt ordinances and regulations for the prevention
of disorderly conduct, public drunkenness, and disturbing the
peace in the corporate limits of the city and to prohibit the playing
of lotteries therein, and to prohibit or regulate by ordinance such
other conduct and activities within said city which, while not
constituting an offense against the laws of this state, are deemed
by the city to be detrimental and offensive to the peace and good
order of the city or to the welfare of the citizens thereof;
GEORGIA LAWS 1982 SESSION
4685
(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 in violation of any ordinance or lawful
orders; also to provide for their disposition, by sale, gift, or
humane destruction, when not redeemed as provided by ordi-
nance; to provide for the location, use, and cleanliness of private
stables; to forbid the erection of such stables when they are likely
to be injurious to the health of citizens; to provide punishment for
violation of ordinances enacted hereunder;
(36) To regulate and license vehicles operated for hire in the
city; to limit the number of such vehicles; to require the operators
thereof to be licensed; to require public liability insurance on such
vehicles in amounts prescribed by ordinance; to regulate and rent
parking spaces in public ways for the use of such vehicles; to
regulate transportation lines and terminals, pedestrian and vehic-
ular traffic, parking and common carriers;
(37) To regulate the operation of motor vehicles and exer-
cise control over all traffic, including parking, upon or across the
streets, roads, alleys, and walkways of the city;
(38) To provide that upon the conviction of the violation of
any ordinance, rule, regulation, or order such person shall be
punished as provided by ordinance but not exceeding any limita-
tions now or hereafter prescribed by the charter;
(39) To develop for park or recreational purposes land
which is now owned by the city or which may be dedicated or
otherwise acquired by it for such purpose; and to solicit and accept
grants of land and use the same for such purpose; and to abate, in
any manner provided by law, any pollution of the land or adjacent
rivers, creeks, or other streams, caused by deleterious substances
such as sewage of any kind whatsoever, chemicals, excrement or
waste materials of any kinds, brush, logs, or other deleterious
matter or things, any of such pollution constituting a nuisance;
(40) To levy taxes and to make appropriations for the
purpose of advertising the city, its advantages and resources, so as
to bring new capital, commercial, manufacturing, and other enter-
prises into the city, and to also levy taxes and to make payment
from the general revenues and funds of the city for the support of
libraries;
4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(41) To regulate and control public streets, public alleys,
and ways and the uses thereof; and to negotiate and execute leases
over, through, under, or across any city property or the right of
way of any public street, public alley, or way or portion thereof for
bridges, passageways, or any other purpose or use between build-
ings on opposite sides of the street and other bridges, overpasses,
and underpasses for private use at such locations; and to charge a
rental therefor in such manner as may be provided by ordinance;
(42) To regulate land use by the adoption of zoning ordi-
nances, planning ordinances, and other regulatory ordinances; and
said ordinances may be adopted pursuant to any general or special
public act existing at the time of adoption;
(43) The power to establish municipal offices, agencies, and
employments; to define, regulate, and alter the powers, duties,
qualifications, compensation, and tenure of all municipal officers,
agents, and employees, but the members of the municipal govern-
ing body shall not have the right to fix or change their own terms
or the terms of their successors, nor to alter their own salary or
compensation, except pursuant to the authority of the Municipal
Home Rule Act of 1965, as amended, nor to alter such duties or
responsibilities as are specifically given to a particular elective
official by charter. The city may also authorize any of such
officers, agents, and employees of the city to serve in any manner
prescribed by applicable law, any process, summons, notice, or
order on all persons therein named where the paper to be served
arises out of or relates to an activity or condition, other than a
single isolated act or omission, conducted or maintained by such
person within the territorial jurisdiction of the municipality in
violation of an applicable law or ordinance covering the following:
municipal housing, building, electrical, plumbing, heating, venti-
lating, air-conditioning, air and water pollution control, and other
technical or environmental codes; municipal business, occupation,
and professional license or tax ordinances, and municipal privi-
lege, license or permit ordinances; where such originates in or is
issued under the authority of the department or branch of the city
employing such officer, agent, or employee, and only when each
and every day the condition is maintained or the activity is
conducted is made a separate municipal offense by applicable law
or ordinance. Where any such paper names one or more persons
who reside outside the territorial jurisdiction of the city, the
several sheriffs, marshals, and constables of the several counties of
GEORGIA LAWS 1982 SESSION
4687
this state are authorized and directed to serve any such paper and
make appropriate return of such service, as other process is by
them now or hereafter served and returned, on such named
persons residing in their respective jurisdictions upon receipt of
written request to make such service and for the fees allowed for
service of process issued by the superior courts of this state;
(44) The power to establish merit systems, retirement sys-
tems, and insurance plans for all municipal employees and to
provide the method or methods of financing such systems and
plans;
(45) To inspect, weigh, measure, and otherwise regulate any
products grown, mined, manufactured, or otherwise produced or
acquired within the city;
(46) To regulate by licenses, bonds, permits, or otherwise, or
restrict the manufacture, sale, lease, rental, use, or solicitation of
any real or personal property and the presentation of any services
or spectator activities;
(47) To regulate or restrict through permits, fees, codes,
review boards, or otherwise the construction, use, and mainte-
nance of real or personal property and the emission and disposal
thereon or therefrom of any substance that tends to pollute land,
water, or air;
(48) To make contracts with or for and to accept grants-in-
aid and loans from the federal, state, county, and city govern-
ments, their agencies, and other authorities or any other political
subdivision for joint services or the exchange of services; for the
joint use, construction, expansion, improvement, or operation of
facilities, equipment, or projects; and for the performance of any
service or execution of any project which the city may be autho-
rized to provide or perform or in which the city has an interest;
(49) To provide for postentry training, blanket surety
bonds, federal social security, and other employee services;
(50) To establish a civil defense plan for the continuity of
city government in the event of any enemy attack or other
emergency;
4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(51) To grant to city police officers the same power in the
unincorporated areas of Fulton County to make arrests, to execute
and return all criminal warrants and processes and exercise other
powers as peace officers as sheriffs have;
(52) To build, repair, or put in a safe condition a bridge or
the approaches thereto across tracks and roadbeds at the expense,
with interest and cost, of a railroad or railroad company in the case
of the latters failure after reasonable notice to do so when the city
shall have declared the same necessary for the protection of
human life. Execution may issue therefor, as other executions are
issued by the city, and be levied on any property of such railroad
or railroad company; and such execution shall bear interest at the
rate of 12 percent per annum, provided that nothing in this
subsection shall require railroads or railroad companies to build
bridges otherwise than is required by the general laws of this state,
or the charters of such railroad companies, respectively, except in
all cases in which a public street was in existence before the tracks
of any such railroad or railroad companies were laid or placed
across any such public streets;
(53) To provide for life, health, and other insurance benefits
for its officers and employees;
(54) To make, ordain, and establish such bylaws, ordi-
nances, 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;
(55) 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;
(56) To exercise and enjoy all other powers, functions,
rights, privileges, and immunities necessary or desirable to pro-
mote or protect the safety, health, peace, security, good order,
comfort, convenience, morals, and 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; to
GEORGIA LAWS 1982 SESSION
4689
exercise all powers now or in the future authorized to be exercised
by other municipal governments under the Constitution or gen-
eral laws of the State of Georgia, and to do, perform, and render, or
refrain therefrom, all things necessary or convenient to the carry-
ing out of the objects of the powers, duties, and requirements set
forth anywhere in this charter.
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. No enumeration of
particular powers in this charter shall be held to be exclusive of
others, nor restrictive of general words and phrases granting powers;
but shall be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or applicable
laws of the State of Georgia.
Section 1-105. Boundaries; official map. (a) The corporate
boundaries of the city shall be the same as those of the City of Union
City as provided by law and existing immediately prior to the
effective date of this charter, or as hereafter lawfully changed. The
city clerk shall maintain a current map and written legal description
indicating the boundaries of the city. Photographic, typed, or other
copies of the map or description certified by the city clerk shall be
admitted as evidence in all courts and shall have the same force and
effect as with the original map or description.
ARTICLE II
THE MAYOR AND COUNCIL
Chapter 1
General Provisions
Section 2-101. Creation; number; term of office. There shall
be a mayor and council composed of a mayor and four council
members elected as provided in Article III of this charter for four-
year terms of office.
Section 2-102. Qualifications of office. To be eligible for
election as mayor or council member, a person, at the time of
qualification, must:
4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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.
Section 2-103. Compensation and expenses. The mayor and
council members shall receive as compensation for their services an
amount prescribed by ordinance passed by the mayor and council,
provided that salary changes enacted shall not become effective until
the first regular meeting of the mayor and council after the next
general city election. However, in no event shall said compensation
be more than $200.00 per month for the mayor and $100.00 per month
for each council member. The mayor and council members shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties of office. Itemized statements of
expenses must be submitted to the city clerk prior to reimbursement.
Section 2-104. Code of ethics, (a) Declaration of policy.
Elected and appointed officers and employees shall demonstrate by
their example the highest standards of ethical conduct, to the end
that the public may justifiably have trust and confidence in the
integrity of government. They, as agents of public purpose, shall hold
their offices or positions for the benefit of the public, shall recognize
that the public interest is their primary concern, and shall faithfully
discharge the duties of their offices regardless of personal consider-
ations.
(b) Fair and equal treatment. No elected official, appointed
officer or employee shall use that official position to secure or grant
special consideration, treatment, advantage, privilege, or exemption
to any person beyond that which is available to every other person.
(c) Conflict of interest. No elected official, appointed officer, or
employee of the city or any agency or political entity of the city shall
knowingly:
GEORGIA LAWS 1982 SESSION
4691
(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 his independence of judgment or action in
the performance of his official duties;
(3) Disclose confidential information concerning the prop-
erty, government, or affairs of the governmental body by which he
is employed without proper authorization, or use such information
to advance the financial or other private interests 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 employed; 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 private interests in any action or proceedings
against the council by which he is employed; or
(6) As an elected or appointed officer or employee of the
city, vote or otherwise participate in the negotiation or the making
of any contract or agreement with any business or entity in which
he has a financial interest.
(d) Disclosure. Any elected official, appointed officer, or
employee of the city government who shall have any private financial
interest, directly or indirectly, in any contract or matter pending
before or within any department of the city shall disclose such private
interest to the mayor and council. The mayor or any council member
who has a private interest in any matter pending before the mayor
and council shall disclose such private interest and such disclosure
shall be entered on the records of the mayor and council and he shall
disqualify himself from participating in any decision or vote thereto.
4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Any elected official, appointed officer, or employee of any agency or
political entity to which this code of ethics applies who shall have any
private financial interest, directly or indirectly, in any entity shall
disclose such private interest to the governing body of such agency or
entity.
(e) Use of public property. No elected official, appointed officer,
or employee of the city or any agency or any agencies or entity to
which this code of ethics applies shall use property owned by such
governmental body for personal benefit, convenience, or profit except
in accordance with policies promulgated by the mayor and council or
the governing body of such agency or entity.
(f) Contracts voidable and rescindable. Any violation of this
code of ethics which occurs with the knowledge, express or implied, of
another party to a contract or sale shall render said contracts or sale
voidable as to that party, at the option of the mayor and council.
(g) Ineligibility of elected officials. Except where authorized by
law, neither the mayor nor any council member shall hold any other
elective or appointive office in the city or otherwise be employed by
said government or any agency thereof during the term for which he
was elected.
(h) 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.
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, the
general laws of the state, or the Constitution of the State of Georgia.
GEORGIA LAWS 1982 SESSION
4693
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 Fulton County.
Any person who fails or refuses to obey a subpoena issued in the
exercise of this power by the mayor and council may be held in
contempt by the majority vote of all members of the mayor and
council and punished as provided for contempt of the municipal
court. Appeal to the Superior Court of Fulton County from a council
contempt conviction shall be allowed as for any conviction in the
municipal 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.
(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;
4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Keep the council members advised from time to time of
the general condition of the city;
(5) Recommend such measures as he may deem necessary or
expedient for the welfare of the city;
(6) Preside over the meetings of the council and call the
council together at any time when deemed necessary by him;
(7) Vote on all matters when there is an equal division of the
council members;
(8) Act as ex officio member of all administrative commit-
tees, boards, and commissions, unless specifically excluded by
ordinance or operation of law;
(9) Act as official representative and chief advocate of
policy for the city;
(10) Sign, on behalf of the mayor and council, all written
contracts, agreements, ordinances, resolutions, deeds, leases,
notes, and all other legal documents affecting the affairs of the
city; and
(11) Perform such other duties as required by the council.
Section 2-302. Mayor pro tempore; election; term; duties. The
mayor and council shall elect a council member 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. The
mayor pro tempore shall be elected each September at the annual
organizational meeting of the mayor and council and shall serve for a
term of one year or until a successor is elected. The mayor shall be
deemed absent when he is unavailable to carry out the duties and
responsibilities of his office.
Chapter 4
Organization and Procedure
Section 2-401. Annual organizational meeting, (a) The mayor
and council shall hold their annual organizational meeting in
September of each year.
GEORGIA LAWS 1982 SESSION
4695
(b) 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 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 the
ordinances of the city.
(b) A majority of the members of the mayor and council, includ-
ing the mayor, shall constitute a quorum for the transaction of
business. All actions of the mayor and council shall require the
affirmative vote of a majority of the council members present except
in the case of a tie where the mayor shall cast the deciding vote.
(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. The yeas, nays, and abstentions of
each member shall be recorded in the journal for all votes taken by the
mayor and council.
Section 2-403. Meetings; regular and special, (a) The mayor
and council shall establish 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
notice to council members shall not be required if all council members
are present when the special meeting is called. This notice of a special
meeting may be waived by a council member in writing before or after
such a meeting, and attendance at the meeting shall also constitute a
waiver of notice on any business transacted in the council member s
presence or with his prior knowledge. Except by unanimous vote of
all council members, only the business stated in the call may be
transacted at the special meeting, and no action at a special meeting
shall be valid unless the requirements of this section are met.
4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) All meetings of the mayor and council shall be public to the
extent required by the general laws of the state and notice to the
public of special meetings shall be made as 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. No regular form of ordinance shall
be required, but it shall plainly and distinctly set forth the measures
intended. 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
upon unanimous vote of the council to waive any further readings.
The revision of all ordinances, motions, orders, or resolutions may be
passed by the mayor and council on the date of introduction unless
such date coincides with the date of introduction of the original
ordinance, motion, order, or resolution.
(c) Each ordinance and resolution shall show thereon the signa-
ture of the mayor, authentication by the city clerk, and approval as to
form by the city attorney.
(d) The city clerk shall record each ordinance in full in a
properly indexed book maintained by the city clerk for the purpose of
recording all ordinances adopted by the mayor and council.
(e) The mayor and council shall provide for the codification of
all ordinances of the city having the force and effect of law. The
general codification shall be adopted by the mayor and council by
ordinance and shall be published promptly, together with all amend-
ments thereto, this charter and any amendment thereto, and such
codes of technical regulations and other rules and regulations as the
mayor and council may adopt or enact.
Section 2-405. Veto. The mayor shall have four days after
action shall have been taken by the council in which to file in writing
with the city clerk his veto of such ordinances, motions, orders, or
resolutions to which he shall dissent; but the council within 30 days
thereafter shall have the power to pass such ordinances, motions,
GEORGIA LAWS 1982 SESSION
4697
orders, or resolutions, notwithstanding such veto by an affirmative
vote of three of the four members of the council, at a meeting of such
body.
Section 2-406. Codes of technical regulations, (a) The mayor
and council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and
requirements governing the adopting ordinance shall be as prescribed
for ordinances generally.
(b) Any requirement 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 code of technical regulations, as well as the
adopting ordinance, shall be authenticated and recorded by the city
clerk.
ARTICLE III
ELECTION AND VACANCIES
Chapter 1
Conduct of Elections
Section 3-101. Applicability of general laws. All municipal
general or special elections and primaries shall be held and conducted
in accordance with the Georgia Municipal Election Code (Ga. L. 1968,
p. 885), as now or hereafter amended.
Section 3-102. Regular elections; time for holding; terms, (a)
The regular city elections shall be held on the second Monday in
August of every odd-numbered year, at which elections the mayor and
council members shall be elected as provided in this section.
(b) The first mayor under this charter shall be the mayor elected
at the regular city election in 1981 under the previously existing
charter of the city, who shall serve for the term of office to which
elected, which term shall expire at the end of August 31, 1985. His
successor shall be elected at the regular city election in 1985, shall
take office on the first day of September immediately following that
election, and shall serve for four years. Thereafter, successors shall be
elected at the regular city election in the year in which the mayors
term of office expires, shall take office on the first day of September
immediately following that election, and shall serve for four years.
4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Two of the first council members under this charter shall be
those two former council members elected at the regular city election
in 1981 under the previously existing charter of the city, and these
members shall serve for the terms of office to which elected, which
terms shall expire at the end of August 31, 1985. Their successors
shall be elected at the regular city election in 1985, shall take office on
the first day of September immediately following that election, and
shall serve for four years. Thereafter, successors shall be elected at the
regular city election in the year in which these members terms of
office expire, shall take office on the first day of September immedi-
ately following that election, and shall serve for four years.
(d) The other two of the first council members under this
charter shall be those two former council members elected at the
regular city election in 1979 under the previously existing charter of
the city, and these members shall serve for the terms of office to which
elected, which terms shall expire at the end of August 31,1983. Their
successors shall be elected at the regular city election in 1983, shall
take office on the first day of September immediately following that
election, and shall serve for four years. Thereafter, successors shall be
elected at the regular city election held in the year in which these
members terms of office expire, shall take office on the first day of
September immediately following that election, and shall serve for
four years.
(e) The mayor and members of the council shall serve the
respective terms designated in this section and until the election and
qualification of their respective successors.
Section 3-103. Manner of election, (a) The mayor shall be
elected from the city at large.
(b) Each council member shall be elected from the city at large.
(c) All municipal elections shall be nonpartisan and the names of
all candidates shall be listed alphabetically upon the ballot without
party label.
Section 3-104. Induction; oath. New members of the mayor
and council shall be sworn in by the city clerk or any qualified official
and the oath of office shall be administered to the newly elected
members as follows:
GEORGIA LAWS 1982 SESSION
4699
I do solemnly swear that I will faithfully and honestly perform
the duties of (mayor or council member as the case may be) of the City
of Union City, Georgia, without fear, favor or partiality, 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.
Chapter 2
Vacancies
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, or is removed from office, as provided
for by this charter or the general laws of this state. Vacancies shall be
filled as provided in Section 3-202 of this charter.
Section 3-202. Filling of vacancies. In the event the office of
the mayor or of 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 Municipal Election Code.
ARTICLE IV
ORGANIZATION AND ADMINISTRATION
Chapter 1
General Provisions
Section 4-101. City offices, departments, and agencies. Except
as provided by this charter, the offices, departments, and agencies of
the city shall be created and established by ordinance, and the offices
and departments shall be responsible for the performance of the
functions and services enumerated therein. The operations and
responsibilities of city departments and agencies may be distributed
among any divisions or bureaus, and shall consist of any officers and
employees, as may be provided by ordinance or administrative regula-
tions consistent therewith.
Section 4-102. Administrative organization. The mayor and
council may, by ordinance, organize, combine, consolidate, or discon-
4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 recommendations as
to needed ordinances and resolutions and for any other purposes
authorized.
(b) The mayor and council may provide by ordinance, unless
otherwise provided by law, for the manner of appointment, makeup
and composition of boards and commissions, their periods of 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
appropriate annually moneys derived from taxation, contributions, or
otherwise for and to boards and commissions to provide for their
operation, either in whole or in part.
(c) Any vacancy in the office of any member of a board or
commission shall be filled for the unexpired term in the manner
prescribed for original appointment.
(d) Any member of a board or commission may be removed from
office for cause by a majority vote of all of the council members.
Section 4-104. Reimbursement of expenses. The mayor and
council may provide for the reimbursement of expenses actually and
necessarily incurred by the mayor, council members, employees,
appointees, and other officials of the City of Union City in carrying
out their official duties and responsibilities. A reimbursement request
must contain an itemized list of expenses, receipts when possible, and
a verification as to the truth and accuracy of the list by the individual
making the request. Each reimbursement request shall be submitted
to and approved by the mayor and council before reimbursement is
made.
GEORGIA LAWS 1982 SESSION
4701
Chapter 2
City Officers
Section 4-201. City clerk; appointment; duties; compensation,
(a) The mayor and council shall annually appoint a city clerk who
shall hold office for one year, 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 collect all fines, taxes, and other money
due the city; shall attend to the issuance of all licenses and permits;
shall sign and issue all executions and other writs and processes for
the collection of taxes due the city; and shall perform such other
duties as may be required by the mayor and council.
(c) The compensation of the city clerk shall be fixed by the
mayor and council.
Section 4-202. City attorney; appointment; qualifications;
duties; compensation, (a) The mayor and council shall annually
appoint a city attorney, and in their discretion such assistant city
attorneys, 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 have the following duties, responsibil-
ities, and authority:
(1) To act as sole legal counsel to the city;
(2) To advise the mayor, council members, and other offi-
cers and employees of the city regarding legal aspects of the citys
affairs;
(3) To represent and defend the city in litigation in which
the city is a party;
(4) To attend all meetings as directed by the mayor and
council;
4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) To prepare and review for approval as to form, prior to
execution, all contracts, agreements, ordinances, resolutions, local
legislation, local constitutional amendments, charter amend-
ments, and all other legal documents affecting the city as directed
by the mayor and council; and
(6) All other duties and responsibilities as may be required
by the mayor and council or by virtue of his position as city
attorney.
(d) The compensation of the city attorney shall be fixed by the
mayor and council.
Section 4-203. City manager or administrative assistant autho-
rized. At such time as they in their discretion shall see fit, the mayor
and council may by ordinance provide for the employment of and
employ an administrative assistant or a city manager who shall
perform such duties and services as may from time to time be
prescribed by the mayor and council and for such compensation as
the mayor and council may authorize. The revenue of the city from
sources otherwise provided in this charter may be expended for
purposes of paying such salary and expenses as the mayor and council
may provide for the city manager or administrative assistant.
Section 4-204. Other officers; appointments; duties; compensa-
tion. (a) In addition to other appointments, the mayor and council
shall make the following appointments:
(1) City engineer, who shall be a professional engineer regis-
tered and licensed by the State of Georgia;
(2) Chief of police;
(3) Fire chief; and
(4) Public works director.
(b) These officers shall serve at the discretion of the mayor and
council and shall perform such duties and exercise such responsibili-
ties as the mayor and council, by ordinance, may prescribe.
(c) The compensation of these officers shall be fixed by the
mayor and council.
GEORGIA LAWS 1982 SESSION
4703
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, by ordinance, shall adopt 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, retire-
ment and benefits, and other measures that promote the hiring and
retaining of capable, diligent, honest career employees.
ARTICLE V
FINANCE AND FISCAL
Chapter 1
Taxation and Other Revenue
Section 5-101. Ad valorem tax; grant of authority. For the
purpose of raising revenue for the support and maintenance of the
city government and for other corporate purposes, the mayor and
council shall be authorized to assess, levy, and collect an ad valorem
tax on all real and personal property within the corporate limits of the
city that is subject to taxation for state and county purposes under
the laws of this state and to provide for the manner and method in
which such taxes shall be collected.
Section 5-102. Sanitation tax. The mayor and council shall
have power and authority to levy and collect a sanitation tax against
all real estate owned, held, and possessed in the City of Union City.
Said sanitation tax shall be fixed and assessed by the mayor and
council, by resolution or ordinance, and may be collected either
monthly, quarterly, semiannually, or annually, in the discretion of the
mayor and council. When said sanitation tax is levied, it shall be a
lien on the property against which it is assessed and shall be collected
by the issuance of executions against said property and/or the owners
thereof.
Section 5-103. Utility liens. Any water and sewer bill due the
City of Union City for more than 60 days beyond the final payment
4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
date, may by proper resolution or ordinance of the mayor and council,
be declared a lien on the real estate served by the water meter through
which passed the water unpaid for as provided herein, and such liens
shall be entered in a special docket maintained in the office of the city
clerk for that purpose; and further, such liens may be executed, levied
upon, and satisfied the same as otherwise provided in this charter for
executing liens for delinquent taxes and street and sewerage assess-
ments, and shall bear interest at the rate of 12 percent per annum on
the unpaid balance from the date of entry in said lien docket until and
through the date of payment or until such lien is otherwise satisfied as
prescribed by law.
Section 5-104. Occupation and business taxes. The mayor and
council shall have the power and authority to levy and collect any
occupation and business taxes that are not prohibited by the Consti-
tution and general laws of this state. These taxes may be levied on
any person, firm, partnership, company, or corporation who transacts
business in the city or who practices or offers to practice any trade,
business, calling, avocation, or profession within the corporate limits
of the city. For such purpose, these taxes may be levied and imposed
on a fixed rate or gross receipts basis or any combination thereof. The
mayor and council may classify businesses, occupations, professions,
or callings for the purpose of these taxes in any manner as is
reasonable. The mayor and council shall have authority to provide by
ordinance for the return or registration for taxation of any trade,
business, calling, avocation, or profession subject to a tax. Payment
of these taxes may be compelled as provided in Section 5-112 of this
charter.
Section 5-105. Business licenses; permits; fees. The mayor
and council, by ordinance, shall have the individual, person, firm,
partnership, company, or corporation who transacts business in the
city or who practices or offers to practice any trade, business, calling,
avocation, or profession therein to obtain a license or permit for these
activities from the city and to pay a reasonable fee for the license or
permit for the regulation of any activity not prohibited by the general
laws of the state. These fees may reflect the total cost to the city of
regulating the activity and if unpaid shall be collected as provided in
Section 5-112. The mayor and council, by ordinance, may establish
reasonable requirements for obtaining or keeping licenses as the
public health, safety, and welfare necessitates, including but not
limited to denial or revocation for any violation of federal or state law
or city ordinances.
GEORGIA LAWS 1982 SESSION
4705
Section 5-106. Excise taxes; wholesale and retail dealers. The
mayor and council shall have the authority to impose, assess, levy,
and collect an excise tax upon sales, transfers, or exchanges by
wholesale and retail dealers within the city.
Section 5-107. Insurance premiums taxes and licenses. The
mayor and council shall have the power and authority to impose and
collect license fees and taxes on life insurance companies and on fire
and casualty insurance companies, as provided by general law.
Section 5-108. Service charges. The mayor and council, by
ordinance, shall have the authority to assess and collect fees, charges,
and tolls for water, sewer, sanitation, and health services, or any other
services rendered within and without the corporate limits of the city.
If unpaid, these charges or fees shall be collected as provided in
Section 5-112.
Section 5-109. Special assessments, (a) 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 struc-
tures, 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 5-112.
(b) This authority shall include but not be limited to:
(1) Constructing, reconstructing, paving, widening, instal-
ling curbs and gutters, and otherwise building and improving
streets;
(2) Constructing, reconstructing, paving, widening, and
otherwise building or improving sidewalks in any public street;
(3) Constructing, reconstructing, extending, and otherwise
building or improving water systems;
(4) Constructing, reconstructing, extending, and otherwise
building or improving sanitary sewer lines; and
(5) Constructing, reconstructing, extending, and otherwise
building or improving sewage disposal systems.
4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Assessments may be made on the basis of:
(1) The frontage abutting on the project at an equal rate per
foot of frontage; or
(2) The area of land served or subject to being served by the
project at an equal rate per unit of area; or
(3) The value added to the land served by the project or
subject to being served by it, being the difference between the
appraised value of the land without improvements as shown on
the tax records of Fulton County, and the appraised value of the
land with improvements according to the appraisal standards and
rules adopted by the county at its last revaluation, at an equal rate
per dollar of value added; or
(4) The number of lots served or subject to being served
where the project involves extension of an existing system to a
residential or commercial subdivision at an equal rate per lot; or
(5) A combination of two or more of these bases.
Whenever the basis selected for assessment is either area or value
added, the mayor and council may provide for the laying out of
benefit zones according to the distance of benefited property from the
project being undertaken and may establish differing rates of assess-
ment to apply uniformly throughout each benefit zone.
For each project, the mayor and council shall endeavor to estab-
lish 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 mayor
and councils decision as to the method of assessment shall be final
and conclusive and not subject to further review or challenge.
(d) The procedures for execution of the power and authority
granted herein shall be as prescribed by ordinance or resolution of the
mayor and council.
Section 5-110. Installment payments may be authorized. The
mayor and council of Union City shall have power and authority
within its discretion by proper ordinance or resolution to allow the
payment of all taxes to the City of Union City to be paid in install-
GEORGIA LAWS 1982 SESSION
4707
ments on such dates as the mayor and council by ordinance or
resolution may designate and shall further have power and authority
to give such discounts as within its discretion may be proper for the
payment of such taxes on the dates named in the ordinance or
resolution.
Section 5-111. Interpretation; other taxes. The mayor and
council shall be empowered to levy any other tax now or hereafter
authorized by state law and the specific mention of any right, power,
or authority in this chapter shall not be construed as limiting in any
way the general powers of the city to govern its local affairs.
Section 5-112. Collection of delinquent taxes and fees. The
mayor and council, by ordinance, may provide for the collection of
delinquent taxes, fees, or other revenue due the city pursuant to
authority granted by this charter or by the Constitution and general
laws of the state or by any other authority not precluded by said
Constitution and general laws. 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. fa.s; creation and
priority of liens; making delinquent taxes, fees, and other revenue
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 exceptions for hardship;
providing for the assignment or transfer of executions and collection
of transferred executions; providing for the billing and collecting of
principal, interest, and costs of delinquent executions as an addition
to and a part of the annual ad valorem tax bill.
Chapter 2
Borrowing and Indebtedness
Section 5-201. General obligation bonds. The mayor and
council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized by
this charter or by the Constitution and general laws of the state. This
bonding authority shall be exercised in accordance with state laws
governing bond issuances by municipalities in effect at the time the
issue is undertaken.
Section 5-202. Revenue bonds. Revenue bonds may be issued
by the mayor and council as now or hereafter authorized by state law.
4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the 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 mayor and 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 value, and the
proceeds thereof applied to the payment of the costs and expense of
the improvement for which the bonds are issued, or the bonds, in the
amount that shall be necessary for that purpose, may be turned over
and delivered to the contractor, in respect to the improvement at par
value, in payment of the amount due on the contract, and the portion
thereof which shall be necessary to pay other expenses, incident to
and incurred in providing for the improvements, shall be sold or
otherwise disposed of as the mayor and council by ordinance shall
direct.
Chapter 3
Fiscal Control
Section 5-301. Fiscal year; municipal budget preparation and
submission, (a) The mayor and council shall establish a fiscal year for
GEORGIA LAWS 1982 SESSION
4709
the city and all its agencies by ordinance unless otherwise provided by
state or federal law.
(b) The mayor and council shall prescribe by ordinance the
procedure for the preparation and submission of an annual operating
budget and of a capital improvement program and capital budget of
the city.
Section 5-302. Municipal appropriations; ordinance required,
(a) The mayor and council shall annually appropriate by ordinance
the funds necessary to operate all the various agencies and 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 the aggregate, exceed a sum equal to the
amount of unappropriated surplus expected to have accrued in the
city treasury at the beginning of the fiscal year, together with an
amount not greater than the total municipal receipts from existing
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 appropri-
ations 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 appropri-
ation shall be made unless there is an unappropriated surplus in the
city treasury or the revenue necessary to pay the appropriation has
been collected into the general fund of the city treasury.
(b) In no event shall a supplementary appropriations ordinance
continue in force and effect beyond the expiration of the municipal
appropriations ordinance which was adopted and approved.
4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chapter 4
Purchasing, Contracting, and Disposition of Property
Section 5-401. Contracting, agreement procedures. The mayor
and council shall prescribe by ordinance the procedures to be fol-
lowed in the making of contracts and agreements which shall bind the
city. All contracts, agreements, and all ordinances and resolutions
which shall make or authorize contracts and agreements shall be
drawn by the city attorney and indicate thereon approval as to form
by the city attorney. The mayor shall sign and authorize all such
documents. The city clerk shall authenticate all contracts and
agreements. The original of all contracts and agreements 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 and/or best bidder, except as where otherwise provided for by
ordinance. Prior to the making of purchases and contracts, the
availability of adequate funds shall be certified as provided by
ordinance.
ARTICLE VI
MUNICIPAL COURT
Section 6-101. Creation, presiding officer, (a) There is created
a court to be known as the Municipal Court of Union 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. 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 testi-
mony is desired or material in any proceeding before the 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
and other offenses which under state law 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.
GEORGIA LAWS 1982 SESSION
4711
(b) The court shall be presided over by a judge appointed by the
mayor and council and who shall serve at their discretion. In the
absence or disqualification of the judge, a judge pro tempore,
appointed in like manner, shall preside and exercise the same powers
and duties as the judge when so acting.
Section 6-102. Judge, qualifications, compensation, (a) No
person shall be qualified or eligible to serve or act as judge or judge
pro tempore unless he shall have attained the age of 25, be a member
in good standing of the State Bar of Georgia, and have been actively
engaged in the practice of law for at least three years.
(b) Before entering on the duties of his office, the judge and
judge pro tempore shall take the following oath administered by the
city clerk and recorded upon the minutes of the mayor and council:
I do solemnly swear that I will faithfully and honestly perform
the duties of the (judge or judge pro tempore) of the Municipal Court
of Union City without fear, favor, or partiality, 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.
(c) The compensation of the judge and judge pro tempore shall
be as established by ordinance.
Section 6-103. Penalty for violation of laws, ordinances. The
judge of the municipal court may punish for any violation of a city
ordinance or law by fine not exceeding $500.00 and the costs of court;
imprisonment not to exceed 90 days; work on the public streets or on
such public works as the court may decide, for a period not to exceed
30 days; or by any combination of these punishments in the discretion
of the court.
Section 6-104. Authority of judge as justice of the peace. The
judge shall for all intents and purposes be a justice of the peace, so far
as to enable him to issue warrants for offenses committed within the
city, which warrants may be executed by any member of the police
force of the city, and to commit the offenders to jail, or to admit them
to bail, in bailable cases, for their appearance at the next term of the
court of competent jurisdiction to be held in and for Fulton County.
Section 6-105. Sentence for contempt. When the municipal
court is in session, the judge shall have the power to punish for
4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
contempt by fine not exceeding $100.00, by imprisonment not exceed-
ing 30 days, or by both, or any part thereof, in the discretion of the
court.
Section 6-106. Warrants; form, scope, execution; judges
authority to hear evidence, grant bond, (a) The judge shall be
authorized to issue warrants for any offense under any law or ordi-
nance of the City of Union City or this state, and when the offense is
against state laws and not covered by municipal law or ordinance,
may hear evidence and commit to jail or take bond for appearance
before the grand jury or a state court having jurisdiction to try the
same. If the offense charged in the warrant be one against any law or
ordinance of the City of Union City, the arresting officer shall carry
the same before the municipal court, where same shall be disposed of
as other cases of arrest not under warrant.
(b) All warrants issued by the judge shall be directed to the
Chief of Police of the City of Union City, any policeman or marshal
thereof, and to all and singular the sheriffs, deputy sheriffs, and
constables of the State of Georgia and any one of said officers shall
have the authority to execute warrants.
(c) The mayor, mayor pro tempore, or judge pro tempore of the
city shall have the right and the authority to sign all warrants,
summonses, receipts, executions, or other processes which the judge
of the municipal court has authority to sign, when the judge of the
municipal court is absent, incapacitated, or in any way unavailable,
provided such warrants, summonses, receipts, executions, or other
processes are returnable only to the judge of the municipal court.
Section 6-107. Witnesses. The judge, or any officer of the
municipal court authorized by ordinance, shall have power and
authority to subpoena witnesses to attend the municipal court, under
the same rules and regulations that regulate and govern the superior
courts of this state, to compel attendance, and to punish any witness
who has been duly subpoenaed and fails to attend, under the provi-
sions heretofore provided for contempt.
Section 6-108. Ministerial officers of municipal court; atten-
dance, duties. The ministerial officers of the municipal court shall be
the policemen of the city to whom all intermediate and final processes
shall be directed. The officers, or a sufficient number, shall attend the
sessions of the court for the purpose of executing the orders of said
GEORGIA LAWS 1982 SESSION
4713
court, and shall do and perform such duties connected with the court
as may be required of them.
Section 6-109. Certiorari; costs; bond required; failure to give
bond, (a) Any person convicted before the municipal court shall have
the right to petition the Superior Court of Fulton County for issuance
of a writ of certiorari, provided all costs are first paid and bond and
security given in double the amount of the fine imposed, to answer the
final judgment rendered in the case.
(b) Nothing in this section shall prevent the defendant who
desires to obtain a writ of certiorari therefor from the superior court
from doing so; provided, however, that the applicant failing to give
bond and security may, in the discretion of the judge, be placed in jail
to await the final judgment of the appeal. Nothing in this section
shall be construed to prevent any person convicted in the municipal
court of a violation of any ordinance of the city from petitioning for a
writ of certiorari directly to the superior court in accordance with
provisions of state law in such cases.
Section 6-110. Hearing on certiorari; notice; costs; forfeiture of
bond. The judge of the superior court who grants certiorari may hear
the appeal after giving notice to each party, or their attorneys, of the
time and place of hearing; the judge of the municipal court being
required to certify and send up to the superior court a complete and
accurate history of the case, as his answer to the petition for certi-
orari, and the defendant having the right to traverse the answer as
provided by law.
The mayor and council shall pass ordinances regulating the costs
for appeals and certiorari; and for the forfeiture of all bonds.
ARTICLE VII
GENERAL PROVISIONS
Section 7-101. Terms of present officers. All present elected
officers of the city shall hold their offices until the expiration of their
present terms, and until their successors are elected and qualified,
except as herein provided.
Section 7-102. Ordinances and regulations. Existing ordi-
nances, resolutions, rules, and regulations of the city and its agencies
now lawfully in effect not inconsistent with the provisions of this
4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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 on the
effective date of this charter by or against the city or its departments
and agencies shall be abated or otherwise affected by the adoption of
this charter.
(c) The existing agency and departmental organization of the
city shall continue in effect upon the effective date of this charter
until such organization is changed or reorganized as provided by
ordinance of the mayor and council and administrative regulations
consistent therewith.
Section 7-104. Section captions; rules of construction, (a) The
captions of the several sections of this charter are informative only
and are not to be construed as a part thereof.
(b) The word shall in this charter is intended to be mandatory
and the word may is to be permissive.
(c) In the construction of this charter, the following rules shall
be observed, unless such construction would be inconsistent with the
manifest intent of the adopting body:
(1) City. The words the city or this city shall mean the
City of Union City, Georgia.
(2) County. The words the county or this county shall
mean the County of Fulton, Georgia.
(3) Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships,
and corporations as well as to males.
GEORGIA LAWS 1982 SESSION
4715
(4) Governing body or governing authority. The words
governing body or governing authority shall mean the mayor
and council of the City of Union City, Georgia.
(5) Number. Words used in the singular include the plural,
and the plural includes the singular number.
(6) Or, and. Or may be read and, and and may be
read or if the sense requires it.
(7) Other officials or officers, etc. Whenever reference is
made to officials, boards, commissioners, departments, etc., by
title only, i.e., mayor, city council, city clerk, they shall be
deemed to refer to officials, boards, commissioners, departments,
etc. of the City of Union City, Georgia.
(8) Council or city council. The words council or city
council shall mean or refer to council members of the governing
authority, excluding the mayor.
(9) Person. The word person shall extend and be applied
to firms, partnerships, associations, organizations, and bodies
politic and corporate, or any combination thereof, as well as to
individuals.
(10) State. The words the state or this state shall be
construed to mean the State of Georgia.
Section 7-105. City officers and employees. All elected or
appointed officers and employees of the city immediately prior to the
adoption of this charter 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 7-106. Specific repealer. An Act incorporating Union
City and providing a charter therefor, approved August 17,1908 (Ga.
L. 1908, p. 935), as amended, is repealed in its entirety.
Section 7-107. Severability. In the event any section, subsec-
tion, 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
4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
section, subsection, sentence, clause, or phrase so declared or
adjudged invalid or unconstitutional were not originally a part hereof.
The General Assembly declares that it would have passed the remain-
ing parts of this Act if it had known that such part or parts hereof
would be declared or adjudged invalid or unconstitutional.
Section 7-108. Effective date. This Act shall become effective
upon its approval by the Governor or upon its becoming law without
his approval.
Section 7-109. General Repealer. All laws and parts of laws in
conflict with this Act are repealed.
Public Notice.
The City of Union City has submitted a copy of the Citys revised
charter to the State Legislature for their consideration in the 1982
Legislative Session. The copy of the revised Charter is on file for
public view in the Clerks Office, City Hall, 5047 Union Street, Union
City, Georgia. Hours 8:00 to 5:00 P.M. Weekdays.
Sonya Carter
City Clerk
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Barbara Couch 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 Daily Report Company which is the
official organ of Fulton County Daily Report County, on the following
dates: Feb. 16 & 23,1982 & March 2,1982.
/s/ Barbara Couch
Representative,
43rd District
GEORGIA LAWS 1982 SESSION
4717
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
WAYNE COUNTY BOARD OF COMMISSIONERS,
REFERENDUM.
No. 1277 (House Bill No. 1887).
AN ACT
To amend an Act creating the Board of Commissioners of Wayne
County, approved March 16,1962 (Ga. L. 1962, p. 3110), as amended,
so as to change the provisions relative to the election of members of
the Board; to provide for other matters relative thereto; to provide for
a referendum; to provide effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Wayne County, approved March 16, 1962 (Ga. L. 1962, p. 3110), as
amended, is amended by striking Sections 2, 3, 4, and 5 in their
entirety and substituting in lieu thereof new Sections 2, 3, 4, and 5 to
read as follows:
Section 2. Commissioner districts, (a) The board of commis-
sioners shall consist of five members who shall be elected as herein-
after provided. For the purpose of electing the members, Wayne
County is divided into five commissioner districts as follows:
4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 1 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9902
Block Group 1
Blocks 201 through 205, 218
through 234, and 236 through
250
Block Group 3
Blocks 403 through 450
Block Group 5
Commissioner District 2 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9901
Blocks 346 through 350, 412
through 414, and 416
Tract 9902
Blocks 206 through 211
That part of Blocks 216 and 217
outside the City of Jesup
Block 401
Tract 9903
That part of Blocks 144, 221, 234,
and 311 outside the City of Jesup
Blocks 325 through 350
Block Groups 4, 5, and 6
Tract 9904
That part of Blocks 326 through
328 outside the City of Screven
Blocks 329 through 350
Block Groups 4 and 5
GEORGIA LAWS 1982 SESSION
4719
Commissioner District 3 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9901
Blocks 101 through 105
That part of Block 106
outside the City of Jesup
Block 107
That part of Block 108 outside
the City of Jesup
Blocks 109 through 116
That part of Blocks 117 through
through 120, 122, 124, 244, and
245 outside the City of Jesup
Blocks 246 through 250
Blocks 301 through 318 and 320
through 345
Blocks 401 through 411 and 415
Tract 9904
Blocks 137 through 145, 212 through
215, 236 through 239, 307, 316
through 319, and 321
4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 4 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9901
That part of Blocks 106, 108, and
117 through 120 inside the City
of Jesup
Block 121
That part of Block 122 inside
the City of Jesup
Block 123
That part of Block 124 inside
the City of Jesup
Blocks 125 through 150 and 201
through 243
That part of Blocks 244 and 245
inside the City of Jesup
Tract 9902
Block 212 through 215
That part of Blocks 216 and
217 inside the City of Jesup
Tract 9903
Blocks 101 through 137, 141, and
142
Tract 9904
Blocks 101 through 128 and 150
Commissioner District 5 shall be composed of the following por-
tion of Wayne County:
Wayne
Tract 9903
Blocks 138, 139, 140, and 143
That part of Block 144 inside
the City of Jesup
Blocks 145 through 150 and 201
through 220
That part of Block 221 inside
the City of Jesup
Blocks 222 through 233
That part of Block 234 inside
the City of Jesup
Blocks 235 through 250, 260
GEORGIA LAWS 1982 SESSION
4721
through 271, and 301 through
310
That part of Block 311 inside
the City of Jesup
Blocks 312 through 324
Tract 9904
Blocks 129 through 136, 146
through 149, 201 through 211,
216 through 235, 240 through
250, 301 through 306, 308
through 315, 320, 322 through 325
That part of Blocks 326 through
328 inside the City of Jesup
(b) For the purposes of subsection (a) of this section, the term
Tract, Block Group and Block means and shall describe the same
geographical boundaries as provided in the report of the Bureau of
the Census for the United States decennial census of 1980 for the
State of Georgia. Whenever the description of a commissioner
district refers to a named city, it shall mean the geographical bound-
aries of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia. Any part of Wayne
County which is not included in any commissioner district described
in subsection (a) of this section shall be included within that commis-
sioner district contiguous to such part which contains the least
population according to the United States decennial census of 1980
for the State of Georgia.
Section 3. Elections and terms of office, (a) A commissioner shall
be elected from each of the five commissioner districts described in
Section 2 of this Act. A candidate for commissioner must have been a
resident of his or her respective commissioner district for at least two
years prior to the date of election, and each commissioner must
remain a resident of his or her respective commissioner district during
the term of office to which elected. Each commissioner shall be
elected by a majority of the qualified voters voting within each
respective commissioner district.
(b) Each of the five members of the board of commissioners shall
be elected as provided in subsection (a) of this section at the general
election of 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, successors shall be elected at the general
4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election immediately preceding the expiration of terms of office and
shall take office on the first day of January immediately following
their election for terms of four years and until their successors are
elected and qualified.
(c) All members of the board ofcommissioners shall be nomi-
nated and elected in accordance with the provisions of Chapter 2 of
Title 21 of the Official Code of Georgia Annotated known as the
Georgia Election Code.
Section 4. Additional qualifications. In addition to the residency
requirements of Section 3 of this Act, members of the board of
commissioners shall be citizens of Georgia who are at least 25 years of
age on the date of taking office and who are qualified electors of
Wayne County. No member of the board of commissioners shall be
eligible to hold any other office of the county or of the State of
Georgia while holding office as a member of the board.
Section 5. Vacancies, (a) All vacancies in the membership of the
board of commissioners occurring within one year or less of the
expiration of the term of office shall be filled by appointment of the
remaining members of the board. All vacancies occurring in the
membership of the board more than one year shall be filled by special
election within the respective commissioner district wherein the
vacancy occurred. A special election hereunder shall be called by the
election superintendent of Wayne County within 30 days after the
occurrence of the vacancy and shall be held and conducted in accord-
ance with the applicable provisions of Chapter 2 of Title 21 of the
Official Code of Georgia Annotated known as the Georgia Election
Code.
(b) If a commissioner ceases to be a resident of his or her
respective commissioner district during the term of office, a vacancy
shall thereby be created and shall be filled in the same manner as
other vacancies are filled. Any person appointed or elected to fill a
vacancy shall possess the residency and other qualifications necessary
to hold office as a commissioner.
Section 2. After the approval of this Act by the Governor, or
after it otherwise becomes law, it shall be the duty of the election
superintendent of Wayne County to issue the call for an election for
the purpose of submitting this Act to the electors of Wayne County
for approval or rejection. The superintendent shall set the date of
GEORGIA LAWS 1982 SESSION
4723
such election for Tuesday next following the first Monday in Novem-
ber, 1982. The superintendent shall issue the call for such election at
least 30 days but not more than 60 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 Wayne County. The ballot shall have
written or printed thereon the words:
( ) YES Shall the Act providing new dis-
( ) NO tricts for the election of members
of the Board of Commissioners of
Wayne County and providing that
members shall be elected by the
qualified voters voting within the
respective commissioner districts
be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
provided in Section 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 Wayne 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. (a) This Act shall be effective for the purpose of
holding the referendum provided for above in Section 2 upon the
approval of this Act by the Governor or upon its otherwise becoming
law.
(b) The provisions of this Act relating to and necessary for the
election of commissioners at the 1984 general election shall be effec-
tive upon the certification of the results of the referendum provided
for in Section 2 above if this Act is approved at said referendum.
(c) If this Act is approved at the referendum provided for in
Section 2 above, it shall be effective for all purposes on and after
January 1,1985.
4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an act
creating the Board of Commissioners of Wayne County, approved
March 16, 1962 (Ga. L. 1962, p. 3110), as amended; and for other
purposes.
This the 1st day of February, 1982.
Bill Littlefield
State Senator,
6th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Lunsford Moody who, on oath,
deposes and says that he/she is Representative from the 138th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Press Sentinel, Jesup
which is the official organ of Wayne County, on the following dates:
Feb. 3,10 & 17,1982.
/s/ Lunsford Moody
Representative,
138th District
GEORGIA LAWS 1982 SESSION
4725
Sworn to and subscribed before me,
this 25th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CITY OF BAXLEY NEW CHARTER.
No. 1278 (House Bill No. 1888).
AN ACT
To amend an Act providing a new charter for the City of Baxley,
approved August 21,1911 (Ga. L. 1911, p. 700), as amended, so as to
comprehensively revise, restate, modernize, and codify the charter of
the City of Baxley; to carry forward existing charter provisions and to
make new provisions for fiscal management, a court and criminal
procedure, revenue, finance, taxation, and public improvements and
utilities; to provide for a governing body and officers, elections, and
schools; to provide for all related matters; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part A. An Act providing a new charter for the City of Baxley,
approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, is
amended by striking all substantive provisions of said Act and the
several Acts amendatory thereof and inserting in place thereof the
following Articles I through VII which shall constitute the charter of
the City of Baxley:
4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I
IN GENERAL
Section 1.1. Incorporation. The inhabitants of the territory in
the county of Appling, hereinafter described, are hereby continued
incorporated by the name and style of City of Baxley, being hereby
incorporated under same name and under said name shall have
perpetual succession and is hereby invested with all the rights,
powers, and privileges incident to municipal corporations; and said
city may in such name sue and be sued, contract and be contracted
with, plead and be impleaded, have and use a common seal, make,
enact, and enforce through its mayor and council such ordinances,
rules, and regulations for the welfare and proper government of said
city as its officers may deem proper; buy, have, hold, receive or
possess, or rent, lease, sell, or convey such property, real or personal,
as may be necessary or advisable, and do all such acts and things not
prohibited by law as may be necessary or advisable for the proper
conduct and management of the affairs of said municipal corporation.
Section 1.2. Corporate limits, (a) The corporate limits of said
city shall not extend more than one mile in each and every direction
from the point where the Southern railroad depot in said city is now
located, and such less distance and including such territory within
said mile limit as may be fixed by ordinance of the mayor and council
of said city, with the right and privilege on the part of the mayor and
council to at any time by ordinance extend the corporate limits of said
city so as to include all of the territory within the mile limit herein
designated.
(b) Said corporate limits shall include subdivision lots 4, 5, 8, 9,
and 10 of the Owens Survey recorded in book 6, page 4, in the office of
the clerk of the superior court, Appling County, Georgia.
(c) The following described property known as Baxley Munici-
pal Airport, located approximately three miles south of the south city
limits of the city, be and is hereby incorporated and made a part of
the City of Baxley, and the said property is hereby included within
the corporate limits of the city, said property being: All that tract or
parcel of land situate, lying and being in the second land district of
Appling County, Georgia, consisting of 190.59 acres, more or less, of
lot of land no. 192, and 56.78 acres, more or less, of lot of land no. 191,
consisting of tracts nos. 1 and 2 as shown on a plat dated April 12,
1966, made in connection with Baxley Municipal Airport project,
GEORGIA LAWS 1982 SESSION
4727
recorded in office, clerk of superior court, said county, plat book no. 5
page 62. Said tracts of land lie in one body, being bound: North by
lands of Appling County, an established line as shown on said plat
dividing: northeast by a road; southeast by U. S. Highway No. 1; south
by lands known as the Appling Turpentine Company lands; and, west
by lands of Brunswick Pulp and Paper Company.
(d) The corporate limits of the City of Baxley shall also include
the following described territory:
(1) All that tract or parcel of land situate, lying and being in
the Second Land District of Appling County, Georgia, consisting
of 10 acres, more or less, of lot of land No. 388, being described as
follows: Commencing at an established point on the west original
lot line of said lot, which said point is the southeastern corner of
lands of Carson Courson as shown on the hereinafter referred to
plat; thence South 89 degrees 40 East for a distance of 988.12 feet
along the southern boundary line of lands of Carson Courson and
Monroe Courson to the western edge of a fish pond dam; thence
South 29 degrees 20 West for a distance of 303.1 feet; thence South
15 degrees 39 West for a distance of 543.05 feet to a point near the
southern edge of a private road; thence South 89 degrees 02 West
for a distance of 365.43 feet; thence North 10 degrees 03 West for
a distance of 26.65 feet to the southeastern edge of property of the
City of Baxley, known as Omega Cemetery property; thence North
7 degrees 51 West for a distance of 530.55 feet along the eastern
edge of said cemetery property; thence North 63 degrees 12 West
along the northeastern boundary line of said cemetery property
for a distance of 282.67 feet to the west original lot line of said lot;
thence North along the west original lot line of said lot for a
distance of 110.55 feet to the point of beginning. Said tract of land
is more particularly described according to the courses, metes and
bounds of a survey and plat thereof by Denean W. Dixon, Sur-
veyor, dated May 20, 1972, recorded Plat Book 7, page 85, of
records in Office, Clerk of Superior Court, said County;
(2) All that tract or parcel of land lying and being in Land
Lot No. 235 of the Second Land District of Appling County,
Georgia, consisting of 236.12 acres and being more particularly
described as follows: BEGINNING at the Southeast original lot
corner of the said Land Lot No. 235; thence running in a counter-
clockwise fashion, North 0 degrees 06 East along and with the
eastern boundary line of Land Lot No. 235 a distance of 1236.15
4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
feet to a point located at the intersection of the said land lot line
with the midpoint of the run of Sweet Water Creek; thence
northwesterly along and with the run of said creek, as shown on
the hereinafter referred to plat, to the point of intersection of the
run of said creek with the northern boundary line of Land Lot No.
235; thence North 89 degrees 53 West 1181.20 feet to a point;
thence South 28 degrees 27 West 505.93 feet to a point; thence
North 77 degrees 30 West 135 feet to a point located on the
eastern right of way of a county road which is also the eastern right
of way of the Old Baxley and Waycross Public Road; thence 05
degrees 00 East along and with the said right of way 492.70 feet to
a point; thence North 90 degrees 00 East 180 feet to a point;
thence South 23 degrees 30 East 342.50 feet to a point; thence
South 31 degrees 30 West 235 feet to a point; thence North 88
degrees 05 West 77 feet to a point located on the eastern right of
way of the aforesaid road; thence southerly along and with what is
or was formerly the eastern right of way of the Baxley and
Waycross Public Road a distance of 3452.78 feet, as shown on the
hereinafter referred to plat, to a point located at the intersection
of said right of way with the southern boundary line of Land Lot
No. 235; thence North 89 degrees 57 East along and with the said
southern land lot boundary line a distance of 2621.50 feet to the
Point of Beginning.
This description according to a plat of survey by Merlin J.
Tomberlin, Appling County Surveyor, dated April 30, 1979, and
recorded in Plat Book 9A, page 219, Appling County Records,
which plat is incorporated herein for all purposes; and
(3) All that tract or parcel of land situate, lying and being in
the Second Land District of Appling County, Georgia, consisting
of a portion of original land lot No. 235 being described as follows:
Commencing at an established point on the eastern edge of the
right of way of U. S. Highway No. 1, which said point is located by
starting at the point of intersection of the eastern edge of the right
of way of U. S. Highway No. 1 with the North original lot line of
said lot; thence from said point along the eastern edge of the right
of way of U. S. Highway No. 1 South 16 degrees 20 West a
distance of 339.05 feet to the point of beginning; thence from said
point of beginning South 47 degrees 52 15 East a distance of
145.57 feet; thence South 40 degrees 21 15 East a distance of 60
feet; thence North 47 degrees 36 03 West a distance of 169.50
feet to the eastern edge of the right of way of U. S. Highway No. 1;
GEORGIA LAWS 1982 SESSION
4729
thence North 16 degrees 20 East along the eastern edge of the
right of way of said highway a distance of 45 feet to said estab-
lished point of beginning. This is the tract of land designated on a
plat by Merlin J. Tomberlin, Surveyor, dated September 30,1981,
a copy of which is hereto attached and made a part hereof for all
purposes.
Section 1.3. Transition provisions as to property, etc. Said city
in its incorporate name shall have, own, and possess all property of
whatever description now owned by the city as at present incorpo-
rated and shall keep up and maintain and operate the present public
utilities operated in said city until other plants shall have been
provided; that all debts, contracts, and obligations of every descrip-
tion now owing to or by said city as at present incorporated shall inure
to or become chargeable against the city in its corporate name and
capacity under this charter, as under this charter incorporated; that
all bylaws, ordinances, resolutions, rules, and regulations heretofore
passed and enacted by the mayor and council of the city as at present
incorporated not in conflict with this charter and now of force are
hereby made of binding force and effect in the city as hereby
incorporated until the same shall have been repealed or superseded
by ordinances, rules, and regulations adopted by the city council of
said city under this charter; that the city council of the city as
hereunder incorporated shall have full control of all water pipes and
mains laid in the streets and shall have the full right and power to
control the water supply of said city and fix such rules, regulations,
and charges for same as it shall see fit and to fix such rules and
regulations for the government and control of all public utilities of
such city as it may see proper; that neither the Act of the legislature
nor any amendment thereto providing for the establishment of a
public system in and for said city, nor the Act of the legislature, nor
any amendment thereof establishing the Omega Cemetery and
making it a part and putting it under the control of the city shall be
construed to be repealed by this charter, but shall be continued in
force and effect and are hereby made parts hereof.
Section 1.4. Property authority generally. The city in its
corporate name shall be authorized to have, own, and possess such
real and personal property as within the discretion of the city council
may seem proper for it to acquire, including but not limited to real
property located outside the city limits of the city so long as same is
located in Appling County, Georgia. The city shall at all times have
control and jurisdiction of all property owned by it and the right to
4730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sell, dispose of, and lease such property in such manner as within the
discretion of the city council may appear to the best interest of the
city, providing a resolution authorizing the disposition, sale, or lease
of such property shall be adopted by the city council in a regular
meeting and be spread upon the minutes of meetings of the city
council.
ARTICLE II
GOVERNING BODY AND OFFICERS
DIVISION 1
GENERALLY
Section 2.1. Composition of governing body; election day. The
municipal government shall be vested in a mayor and six councilmen.
The six councilmen shall be elected to three-year, staggered terms as
provided in Section 3.4 below. The mayor shall hold a term of office
of two years as hereinafter provided. Said elections shall be held on
the second Tuesday of December, 1971, and each second Tuesday of
December thereafter.
Section 2.2. Organizational meeting; joint with old members;
time, date, notice; oath; report by clerk. On the first Monday in
January after election a joint meeting of the old and new members of
the city council shall be held in the city hall at 10:00 A.M., or at such
other time on said date as the city clerk may designate in the event it
appears that the members cannot be present at 10:00 A.M., all new
members to be given notice of such date and time, and each newly
elected member of the city council shall take the following oath before
some officer authorized to administer oaths: I do solemnly swear
that I will faithfully discharge all of the duties devolving upon me as a
member of the city council of the City of Baxley during my continu-
ance in office and faithfully and diligently enforce the laws of said city
and state and, to the best of my ability, advance the interests of said
city and discharge the duties of my office without partiality or favor,
so help me God. At such meeting the clerk of the city shall give to
the members of the council such information with respect to the
affairs of the city as may be requested including, among other things,
the names of the various officers of the city and the heads of the
several departments of the city.
Section 2.3. Mayor. The mayor of the city shall be elected by
the voters of said city. He shall be so elected for a term of two years
and until his successor is duly elected and qualified. In the case of a
GEORGIA LAWS 1982 SESSION
4731
vacancy in the office of mayor for any reason, said vacancy shall be
filled by election of the city council at any regular meeting if there is
less than one year remaining of the term of office of the mayor whose
office has been vacated. Any person so elected by the city council to
fill a vacancy in the office of mayor shall serve for the unexpired term
of the mayor. If there is more than one year remaining of the
unexpired term of office of the mayor whose office is vacated, the city
council shall call an election to fill the unexpired term of office of the
mayor and such election shall be called and conducted under the
same provisions applicable to an election for the purpose of filling of
vacancies in the office of councilmen, as provided in Section 2.8. The
city council may declare the office of mayor vacant provided that a
written resolution declaring the office of mayor vacant, signed by at
least three members of the city council, is presented to the city
council at a regular meeting and, upon being brought up for vote at
the next regular meeting of the council, receives the favorable vote of
at least four members at such second meeting.
It shall be the duty of the mayor to preside at all meetings of the
city council; to see that all proceedings are conducted in a parlia-
mentary manner; to preserve order and decorum at all meetings of the
council, whether regular or called, and to that end the mayor is hereby
authorized to punish any person guilty of contempt before the city
council by imposing such penalty as may be authorized for the
violation of the municipal ordinances and to require the police of said
city to enforce same. The mayor shall, for and on behalf of the city,
sign any and all deeds and contracts when authorized and directed to
do so by resolution duly adopted by the city council and appearing on
the minutes of meetings of that body. Any and all deeds and
contracts so signed by the mayor shall be binding on the city. The
mayor shall give notice of all public elections held in and for the city,
for any office of the city, by publishing a notice of the time and place
of the election in a newspaper published in said city once in the week
immediately preceding the week in which the election is to be held.
The mayor shall have the authority to convene the council in extra
sessions as he may deem proper for the conduct of business for the
city. The mayor shall be recognized as the head of the city govern-
ment for all ceremonial purposes and by the Governor of the State of
Georgia for purposes of military law. The mayor shall have such other
duties and powers as the city council may provide, in a regular
meeting, by resolution from time to time, so long as such duties and
powers are not inconsistent with the provisions of the city charter.
The mayor shall not vote on questions before the council except in the
4732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
case of ties, in which case the mayor shall cast the deciding vote. The
mayor shall have the right of veto but any veto exercised by the mayor
may be overridden by a two-thirds vote of the city council. The mayor
shall take substantially the same oath of office as that provided in
Section 2.2 for members of the city council.
Section 2.4. Mayor pro tempore. Said city council shall be
authorized to elect a mayor pro tempore from their body who, in the
absence, disqualification, or disability of the mayor, shall have such
authority as is herein vested in and be required to perform such
services as are herein required of the mayor.
Section 2.5. Acting mayor. In the absence or disqualification of
both the mayor and mayor pro tempore, the members of the council
shall appoint some member of their body to act instead of the mayor
during such time, and said person shall have all the authority of the
mayor during such time as he may be thus acting.
Section 2.6. Qualifications of mayor and councilmen. No person
shall be eligible to the office of mayor or councilmen who shall not be
21 years of age and have resided in said city for 12 months immedi-
ately preceding his election and be a qualified voter and entitled to
register in the municipal elections of said city.
Section 2.7. Fixing salaries of mayor and councilmen. The city
council shall have the right to fix such salaries for the mayor and
councilmen as it shall see fit, which salaries shall not be increased or
diminished during their continuance in office, said salaries to be fixed
at the last regular meeting preceding each regular election.
Section 2.8. Filling vacancy on council; quorum during vacancy.
In the event there should be a vacancy in the office of councilman, the
mayor shall immediately and within not less than 30 days after said
vacancy call a special election to be held on a date not less than ten
nor more than 20 days from the date of the call, under the same rules
and regulations as provided for regular elections, notice of such call
setting forth the time and place for holding said election to be
published once in a newspaper published in said city in the week
immediately preceding said election; registration of the last preceding
election shall govern as to who shall be entitled to vote in said special
elections; provided, it shall not be necessary to call an election for the
purpose of filling a vacancy in the office of a councilman where the
office of councilman would expire within six months from the date of
such vacancy.
GEORGIA LAWS 1982 SESSION
4733
Until said election has been held and said vacancy or vacancies
filled, the remaining councilmen shall have full power and authority
to act in the same manner as if there did not exist a vacancy in the
office of councilman, a majority of the councilmen serving in office
constituting a quorum.
Section 2.9. Prescribing times and places of meetings; quorum;
regulations as to effective date of enactments. Meetings of the city
council shall be held at such times and places as may be by the council
determined. Four members, including the mayor, shall constitute a
quorum. The council may provide such rules and regulations with
respect to its ordinances and resolutions becoming effective, not
inconsistent with the provisions hereof, as it sees proper.
Section 2.10. Council dutiesGenerally and specific. It shall be
the duty of the councilmen to faithfully and diligently discharge such
duties as are usual to such office and as provided herein; to attend all
regular and special meetings of the mayor and council, to faithfully
and attentively perform such services as they may be required to do
on committees and otherwise; and with the mayor to see that all laws,
ordinances, rules, and regulations and resolutions of the city are
faithfully and fully executed and enforced; to confirm or deny
appointments of all heads of departments recommended by the city
manager; to appoint all committees; to see that the city manager
performs faithfully and diligently all of the duties required of him by
this charter or by resolution of the mayor and council.
Section 2.11. Accounting, reports, audits. The mayor and
council shall require of the city manager a monthly report of the
financial affairs of the city; to require such other reports as may seem
necessary for use of the mayor and council; to see that all records and
books of account are accurately and properly kept.
The mayor and council shall also provide for an independent
annual audit of all city accounts and may provide for such more
frequent audits as deemed necessary. Such audits shall be made by a
certified public accountant or firm of such 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,
without requiring competitive bids, designate such accountant or
firm annually or for a period not exceeding three years, provided that
the designation for any particular fiscal year shall be made no later
than 30 days before the beginning of such fiscal year.
4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The mayor and council shall adopt a fiscal control resolution
before the 15th day of the first month of each fiscal year, such
resolution to fix the fiscal accounting period of the city, rules and
regulations for the annual budget, and purchasing procedures and
limitations for the city manager.
The annual budget required of the city manager shall reserve not
less than 5 percent of the probable revenue anticipated for said year
as a deficiency appropriation reserve, which reserve shall be allocated
and expended only with the approval of the mayor and council.
Section 2,12. SameFailure to perform; malpractice. If the
mayor or any member of the council shall be guilty of wilful neglect of
duty, or fail to enforce and carry out the charter provisions or
ordinances of said city or shall grossly or wilfully abuse the powers
entrusted to them or otherwise be guilty of malpractice in office, he
shall be subject to indictment and punishment as for a misdemeanor
before any court of Appling County having jurisdiction thereof.
Section 2.13. SameImpeachment. Should the mayor or any
member of the council be guilty of malpractice in office or wilful
neglect of his office or abuse of the power conferred upon him or shall
be guilty of any other conduct unbecoming an officer of the city, he
shall be subject to impeachment by the mayor and council and, on
conviction, shall be removed from office.
Section 2.14 - 2.19. Reserved.
DIVISION 2
OFFICERS
Section 2.20. Prescribing bond and oath. All officers elected by
said city council shall be required to give such bonds and subscribe to
such oaths as may be required by the council.
Section 2.21. City managerAppointment, powers, and duties,
(a) The office of city manager is hereby created. The council shall
appoint a city manager who shall be the chief administrative officer of
the city government. The city manager shall be chosen by majority
action to the council solely on the basis of his executive and adminis-
trative capabilities and qualifications, with special reference to his
actual experience in, or his knowledge of, accepted practices in the
field of municipal management and finance. No member of the
GEORGIA LAWS 1982 SESSION
4735
council shall be appointed city manager during the term for which he
shall have been elected.
(b) The city manager shall be appointed for such term as the
council shall prescribe and shall be eligible to succeed himself. Upon
vacancy in the office of city manager for any cause, the council shall
proceed to fill such vacancy as soon as practicable.
(c) The city manager, during his term of office, may be removed
by a four-sixths vote of the council. At least 30 days before such
removal may become effective, the city manager shall be furnished
with a formal statement from the council stating their intentions to
remove him and the reasons therefor, with reasonable particularity.
The city manager may reply in writing to such notice if he so desires.
The mayor and council may fix a time for a public hearing upon the
question of his removal if they so desire; and if, within five days after
his receipt of notice from the mayor and council of their intention to
remove him, the city manager shall request a public hearing, then the
mayor and council shall fix a time for a public hearing upon the
question of his removal; and if, in either event, a time for a public
hearing upon the question of his removal is fixed by the mayor and
council, the final resolution removing the city manager shall not be
adopted until such public hearing has been held. At the time of
notifying the city manager of their intention to remove him, the
mayor and council may suspend him from duty but his pay shall
continue until his removal shall become effective as herein pre-
scribed. The action of the mayor and council in removing the city
manager shall be final and conclusive and not subject to review.
(d) In case of the absence, disability, or suspension of the city
manager or in case of a vacancy in the office of city manager, the
mayor and council may designate a qualified person to temporarily
perform the duties of the city manager during such absence, disabil-
ity, suspension, or vacancy.
(e) The city manager shall receive such compensation as may be
prescribed by the mayor and council.
(f) The city manager shall devote all of his working time and
attention to the affairs of the city and shall be responsible to the
mayor and council for the efficient administration of all of the affairs
of the city over which he has jurisdiction.
4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) The city manager shall have the following powers and duties:
(1) To see that all laws and ordinances of the city are
enforced;
(2) To recommend to the mayor and council heads of pres-
ent departments of the city and heads of such departments as the
mayor and council from time to time hereinafter may establish.
The city manager shall consult with department heads prior to
hiring and firing any of the personnel of the departments;
(3) To remove department heads only after consultation
with the mayor and council; to remove police officers and other
employees of the city without the consent of the mayor and
council;
(4) To fix salaries and compensation of the department
heads of the various city departments within the minimum and
maximum limits prescribed by council and to fix all salaries and
compensation of all other city employees lawfully employed by
him;
(5) To exercise supervision and control of all departments of
the city that are now or may hereafter be created by the mayor and
council, except as otherwise provided for in this charter;
(6) To attend all meetings of the mayor and council with a
right to take part in the discussion but having no vote. The city
manager shall be entitled to notice of all special meetings of the
mayor and council;
(7) To recommend to the mayor and council the adoption of
such measures, ordinances, and resolutions as he may deem
necessary or expedient;
(8) With the approval of the mayor and council, make and
execute all lawful contracts except as otherwise provided for
herein on behalf of the city as to matters within his jurisdiction,
except such as may be otherwise provided by law or by ordinance
passed by the mayor and council; provided, however, no realty of
any kind or character shall be purchased except when so autho-
rized by the mayor and council nor shall any other property now or
hereafter owned by said city, either real or personal, be sold,
GEORGIA LAWS 1982 SESSION
4737
leased, or otherwise disposed of except in strict accordance with
the provisions of Section 1.4;
(9) The city manager shall, prior to the 15th day in each
fiscal year, submit to the mayor and council for their consideration
a budget of the proposed expenditures of the city for the ensuing
year, the probable revenue for that year, and from what sources it
is expected. Said budget, as submitted by the city manager, shall
be subject to the approval of the mayor and council who shall
make changes therein as they shall deem advisable. Said budget
shall be adopted only after having a public hearing held thereon;
(10) To keep the mayor and council at all times fully advised
as to the financial condition and needs of the city;
(11) To make a full report to the mayor and council each
month, showing the operations and expenditures of each depart-
ment of the city government for the preceding month;
(12) To perform such other duties as may be required by
ordinance or resolution of the mayor and council;
(13) The city manager shall administer and enforce the fiscal
control resolution adopted each year by the mayor and council;
(14) The city manager, before entering upon the discharge of
his duties, shall give such bond conditioned in such manner as the
mayor and council shall require and the city manager shall have
authority to require of all employees under his jurisdiction such
bond under such conditions as he shall require and all of such
bonds shall be payable to the City of Baxley and its successors for
the benefit of the city and all premiums on all such bonds shall be
paid by the city;
(15) Within 30 days after the end of each calendar year, the
city manager shall submit a detailed financial report of the affairs
of the city, which report shall be audited by the city auditor;
(16) To request, at the expense of the city, when needed by
him, the services and advice of the city attorney, provided the
expense of the same shall not exceed $200.00 in any one month in
addition to the retainer of such city attorney without the approval
of the mayor and council; and
4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(17) To request, at the expense of the city, when needed by
him, the services and advice of the city auditor provided the
expense of same shall not exceed $200.00 in any one month in
addition to the prescribed fees of such city auditor, without the
approval of the mayor and council.
(h) During any vacancy in the office of city manager, until the
same shall be filled by the mayor and council as herein provided, the
mayor and council shall have power and authority to perform all of
the functions of the manager.
(i) The mayor shall be the official head of the city and as such
may exercise, in the corporate limits and police limits of said city, all
the powers conferred on a sheriff or constable to keep the peace and
suppress riot and disorder and to that end shall have the power, when
necessary in his opinion, to give such orders through the city manager
to the city police as he shall deem necessary and to call on any and
every male inhabitant of said city over 18 years of age to aid the city in
suppressing riot and disorder and in enforcing the laws of said city.
Section 2.22. SameEmploying or recommending police offi-
cers, clerk and treasurer; chief of police or marshal. The city manager
shall be authorized to employ such police officers as he may see fit for
the proper police protection of said city, one of which officers, with
consent of council, shall be designated as chief of police, and such
officers shall be employed for such term as the council may see fit and
shall receive such compensation as may be fixed by the city manager.
The chief of police shall also be known as marshal and the chief of
police and members of the police force shall be clothed with such
authority as may be conferred upon the marshal and marshals by the
city charter of the city. The chief of police and all members of the
police force shall be directly responsible to the manager of the city
and subject to his orders. In case of a vacancy in office of the city
manager or his absence from the city, during such vacancy or absence
members of the police force shall be responsible to and subject to
orders of the mayor. No costs or fees shall be paid any member of the
police force for any arrest or case made.
The city manager shall further be authorized to recommend to
council a clerk and a treasurer, one person being eligible to fill both
places, and to recommend compensation, term of that office, and
additional duties.
GEORGIA LAWS 1982 SESSION
4739
Section 2.23. City clerks duties. In addition to such duties as
may be prescribed by the council, it shall be the duty of the clerk to
attend all meetings of the council, keep a careful and accurate record
of its proceedings, carefully collect all revenues due said city except
such as the ordinances of said city require to be collected by some
other officer, and to faithfully account for the same, furnish to the
mayor or council such information as may be requested by either,
open his books at any time to any citizen of said city requesting to see
the same, and perform such other duties as may be required of him by
the mayor or by the city council.
Section 2.24. City attorney. The city council may, in their
discretion, elect a city attorney whose duty it shall be to draft such
ordinances as may be required by the council, attend such meetings of
the council as may be required, prosecute offenders before the
mayors court when requested by the mayor or directed by the
council, and perform such other duties as may be required by the
council, the compensation of such attorney to be such as may be fixed
by the council.
Section 2.25. Board of health. The city council shall be
authorized, in its discretion, to elect a board of health consisting of
such number of citizens of said city, one of whom shall be a practicing
physician, as the council shall see proper. Said board of health or any
member thereof shall have the right to inspect the premises of any
citizen, prescribe such regulations for the sanitary protection of said
city as it may see fit, abate nuisances endangering the health of said
city under the same conditions as may obtain for the abatement of
nuisances before the city council, have its orders enforced by the
marshals, and have such other authority and powers as may be
conferred upon it by ordinances of the city council.
Section 2.6 - 2.9. Reserved.
DIVISION 3
GENERAL AND MISCELLANEOUS
SUBJECTS OF LEGISLATION
Section 2.30. Scope of ordinances, etc.; various public purposes.
The city council shall have the right and power to pass all such
ordinances, bylaws, rules, and regulations as may, in their discretion,
be necessary to carry out and enforce the authority granted under this
charter and as they may think necessary for the good, order, peace,
4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
health, prosperity, comfort, and security of said city and the inhabi-
tants thereof; to adopt such rules and regulations for the government
of the city council and officers of said city as may be deemed
advisable; to prohibit the commission of any character of disorderly
conduct within said city; to regulate the speed and running of
locomotives within said city; to provide against obstructions in or on
the streets, sidewalks, alleys, lanes, and such of said city, and to have
full and complete control of all such streets, sidewalks, and such to
prevent trash being thrown thereon or any class of merchandise or
other thing or article being placed therein; to provide for the police
officers or mayor of said city calling upon any citizen of said city to aid
in the enforcement of the laws thereof or in effecting an arrest
therein, and provide for the punishment of any person failing or
refusing to lend such aid; to regulate all classes and species of traffic
and trade, shows, performances, or whatnot within the corporate
limits of said city; to regulate the speed of vehicles, bicycles, automo-
biles, or other means of locomotion; to prohibit the maintenance of
any nuisance; to provide for the trial and punishment in the
recorders or mayors court of said city of persons engaged in gambling
therein; to suppress rowdy and disorderly houses, gambling dens,
houses of ill fame, and to prohibit the sale or exhibition of any
obscene or immoral publications, prints, or illustrations within said
city; to require all residents within said city to keep around their
premises and places of business in a healthy, cleanly, sightly condi-
tion and free from trash; to take such action as may be necessary to
prevent the introduction or spread of contagious diseases; to remove
or cause to be removed all buildings, porches, steps, fences, or other
obstructions in the sidewalks or streets; to regulate and control all
taverns and public houses, tanyards, blacksmith shops, forges, stores,
chimneys, and such in said city; to regulate and control all commercial
and private vehicles owned, kept, or used in said city; to fill up or
cause to be filled up all pits, cellars, wells, or other excavations in said
city; to require the ditching of any place or lot where it may appear
necessary; to provide for the issuance of summonses to parties to
appear for trial before the recorders or mayors court and punish-
ment as for contempt for any such person failing to appear, and to
provide for the issuance of all such other writs, processes, summonses,
and subpoenas as it may see fit, with like penalty; to regulate all
manner of sports and games engaged in within the limits of said city;
to prohibit cruelty to animals within the limits of said city; to
prescribe such rules and regulations with respect to engaging in any
business or calling within said city and with respect to obtaining a
special license as it may see fit; to enact what is commonly known as a
GEORGIA LAWS 1982 SESSION
4741
curfew law in and for said city; to prescribe the duties of the city
manager, clerk, treasurer, marshal, and other officers of said city and
provide a penalty for failure to perform the same; to exercise all the
rights, powers, and privileges that may be exercised by any municipal
government of this state under the general police power of such
municipalities and to provide for the trial and punishment in the
recorders court of said city of persons violating any ordinance, rule,
or bylaw authorized by this charter by the infliction of the punish-
ment hereinbefore authorized to be inflicted by said recorders court.
Section 2.31. Airport. The mayor and council of the city shall
have power to make such rules and regulations for the government of
the said Baxley Municipal Airport as they may deem proper and right
and shall have full power and authority to enforce the same by
penalty; and they are hereby clothed with the same authority over the
said territory that they now have over the city.
Section 2.32. Animals at large. The city council shall have the
right and power to prevent cattle, horses, mules, hogs, goats, dogs, or
other animals from running at large in said city or being confined in
pens therein; to take up, impound, and sell any animal running at
large in violation of any ordinance of said city and to prescribe such
rules and regulations with respect thereto as the council may see
proper.
Section 2.33. Fire limits, construction regulations. The city
council shall have the right and power to fix such limits within said
city as it may see fit which shall be known as the fire limits and may
prescribe what class of buildings shall be erected within such limits
and prohibit any other kind or class of buildings from being erected
and provide for the punishment of any person, firm, or corporation
erecting or attempting to erect any building not coming within the
prescribed classification; to provide for the issuance of building
permits and condemn and destroy at the expense of the owner in the
manner provided for the abatement of nuisances any building within
said city which may be dangerous to life, health, or property, or that
may be dangerous from the standpoint of fire, or likely to cause the
origin or spread of the same.
Section 2.34. Health and sanitation. The city council shall have
the right and authority to provide such rules and regulations and to
provide for the punishment of a violation of the same as shall fully
protect the health and sanitary conditions of said city; to require the
4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
removal of all garbage, filth, dead animals, weeds, undergrowth, and
all and every thing likely to cause sickness from any occupied or
unoccupied lot or place; to cause to be made as often as it may see fit a
thorough inspection of the premises of all citizens of said city; to
regulate all sewers, drains, wells, ditches, privies, and such to pre-
scribe such rules and regulations with respect thereto as it may see fit,
and to provide for a penalty for a violation of the same; to take such
action as may be necessary to put in a sanitary condition the premises
of any citizen or any unoccupied lot or place within said city and
collect the cost of same by execution out of the owner of such lot,
place, or premises; to take such action as may be necessary to prevent
the spread of contagious diseases and to do all such acts and things as
may be necessary for the perfect sanitary protection of said city. The
provisions with reference to filing illegalities to tax executions are
hereby made applicable hereto.
Section 2.35. License revocation. The city council shall have
the right to revoke at any time without notice and without trial any
license that may have been issued by said city by prorating and
returning the unearned portion of the fee charged.
Section 2.36. Nuisances. The city council shall have the right to
declare by resolution or ordinance what shall constitute a nuisance
and provide for the abatement of the same. The mayors court of said
city shall have concurrent jurisdiction with the city council in trying
and determining the question of what shall constitute a nuisance and
in the abatement of all nuisances within said city. When any given
thing has been declared by the city council to constitute a nuisance
the same may be abated by order of the mayor, and the person
maintaining the same may be punished as provided for the violation
of municipal offenses for every day that the same may be maintained
after its abatement has been ordered. Where any given matter has
not been declared by ordinance of the city council to be a nuisance,
the question of whether it amounts to a nuisance may be tried and
determined before the mayors court and its abatement ordered and
the punishment above provided for inflicted. In either event, where
possible to do so, the person or persons or corporations maintaining
the same shall be given at least three days notice of the time and
place of trial and the subject matter of the same before said trial shall
be had.
Section 2.37. Sabbath observance. The city council shall have
the right and authority to prohibit by ordinance any person engaging
GEORGIA LAWS 1982 SESSION
4743
in or carrying on any sort of character of business in said city on the
Sabbath day or keeping open any place of business on said day or
engaging in any game or sport within said city on said day or
congregating in crowds within said city on said day or engaging in any
character of noisy or boisterous conduct or from doing or engaging in
anything tending to desecrate or disturb the Sabbath and to provide
for a penalty for a violation of the same, jurisdiction being hereby
conferred upon the mayors court of said city to punish for the
foregoing offenses.
Section 2.38. Vagrancy. The city council shall have the right
and authority to pass such ordinances and regulations as it shall see
fit preventing idleness, vagrancy, loafing, and loitering on the streets
or within the corporate limits of said city and to prescribe a penalty
for a violation thereof, to try and punish in the mayors court any
person guilty of vagrancy, and to provide a penalty therefor.
Section 2.39. Tramps, vagrants, idle persons, lewd women,
immoral acts. The city council shall have the right and power to
prohibit by ordinance any tramp, streetwalker, vagrant, idle person,
or lewd female from walking the streets and sidewalks of said city and
provide for the punishment of a violation of the same. Said mayor
and council shall have the right to prohibit persons living in a state of
adultery within said city and provide for the punishment of the same,
and jurisdiction is hereby conferred upon the mayors court of said
city to try and punish said offenses. Said city council shall likewise
have the right to prohibit lewd or disorderly houses being run or
maintained within said city and to punish for a violation of the same,
jurisdiction being hereby conferred upon the mayors court for such
purposes, and whenever there is reason to suspect that any character
of immoral practices are being engaged in any house or room in said
city, or that gambling is being carried on therein, the marshals or any
police officer of said city is hereby authorized to enter said house or
room by force or otherwise and arrest the persons therein to be dealt
with before the mayors court as in other cases.
Section 2.40. Authority as to Omega Cemetery. The mayor and
council of the city shall have power to make such rules and regulations
for the government of the Omega Cemetary as they may deem
proper and right and shall have full power and authority to enforce
the same by penalty; and they are hereby clothed with the same
authority over said territory that they now have over the city.
4744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.41 - 2.44. Reserved.
DIVISION 4
ZONING
Section 2.45. Authority. The mayor and councilmen are
authorized to adopt zoning regulations as herein provided.
Section 2.46. Plans; zones and districts. The mayor and
councilmen of the city are hereby authorized in the interest of public
health, safety, order, convenience, comfort, prosperity, and general
welfare to adopt by ordinance a plan or plans for the districting or
zoning of the city for the purpose of regulating the location of trades,
industries, apartment houses, dwellings, or other uses of property or
for the purpose of regulating height of buildings or other structures or
the area or dimensions of lots or of the areas used in connection with
buildings or other structures or for the purpose of regulating align-
ment of buildings or other structures near street frontage. Zoning
regulations may be based upon any one or more of the purposes above
described. The city may be divided into such number of zones or
districts of such shape and areas as the mayor and councilmen shall
deem best suited to accomplish the purpose of zoning regulations. In
determining and establishing districts and regulations, classifications
may be based on the nature or character of trade, industry, profes-
sions, or other activity conducted or to be conducted upon the
premises, the number of persons, families, or other group units to
reside in or use buildings, the public, quasi-public or private nature of
the use of the premises or upon any other basis or bases relative to the
promotion of public health, safety, order, morals, convenience, pros-
perity, or welfare.
Section 2.47. Classification as to residences. The mayor and
councilmen of the city are further authorized in any districts or
zonings proposed to be set aside primarily for residence purposes to
further classify the use thereof and to provide therein the class or
classes of residents to be housed therein and provide such other and
similar regulations and restrictions as shall secure the peace and good
order of the city and the residents thereof.
Section 2.48. OrdinancesSubject to this division. All ordi-
nances or amendments thereto authorized by either of the above
sections of this division shall be adopted, subject to the following
provisions of this division in the same manner provided by law for the
adoption of other ordinances by said mayor and councilmen.
GEORGIA LAWS 1982 SESSION
4745
Section 2.49. SamePrerequisites to passage; comprehensive
plan and hearing. No ordinance adopting zoning regulations as herein
authorized shall be passed by the mayor and councilmen of the city
until after a comprehensive plan for the zoning of the city has been
prepared and submitted to the mayor and councilmen by a zoning
commission of said city as herein provided for. Whenever said zoning
commission shall certify to the mayor and councilmen a plan for the
zoning of the city, the mayor and councilmen shall hold a public
hearing thereon and shall give 30 days notice of the time and place
thereof in a newspaper of general circulation in the city, and during
said 30 days a copy of such plan and proposed ordinance shall be on
file for public examination in the office of the clerk of the city.
Section 2.50. SameAmending, changing. The mayor and
councilmen of the city may from time to time amend or change the
regulations or districts established by zoning ordinances, but no such
amendment or change shall become effective unless the ordinance
proposing the same shall be first submitted to the zoning commission
for approval or disapproval, and said commission shall be allowed a
reasonable time, not less than 30 days, for consideration of such
ordinance and report thereon. The approval of the zoning commis-
sion shall not be necessary before the passage of an ordinance
amending zoning regulations.
Section 2.51. Commission. The zoning commission herein
referred to shall be composed of three citizens, taxpayers and free-
holders of the city, to be named and appointed by the mayor and
councilmen for a term of four years and shall serve without compensa-
tion and until their successors are named and appointed. Their duties
shall be to consider with the mayor and councilmen plans and
regulations for the zoning of the city in the first instance, under the
terms of this division, and to consider and approve or disapprove
proposed amendments to such zoning laws and regulations as may
come before them in the future.
ARTICLE III
ELECTIONS
Section 3.1. Voter qualifications. Every citizen of said city, 18
years of age, who shall have been a resident of this state for 12 months
next preceding said election, and three months within the corporate
limits of said city and shall have paid all taxes due by him to said city
and who is registered according to the laws of said city and qualified
4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to vote for members of the General Assembly of said state shall be
qualified to vote at any election held in and for said city for any
purpose whatever.
Section 3.2. Registration. The city council shall have the right
and authority to provide such rules and regulations for the registra-
tion of voters as it may see proper and prohibit any person voting in
any election in and for said city who may not have complied with the
same, provided such rules and regulations shall not be changed within
three months next preceding any regular election.
Section 3.3. Managers, place, and time for voting. All elections
for municipal officers of said city or for other purposes shall be under
the supervision and conducted by three managers to be designated by
the mayor and council who shall be citizens of said city and entitled to
vote in the elections for officers thereof and before entering upon
their duties shall subscribe to an oath to faithfully and impartially
discharge the duties of such managers and truly declare the result of
such election. Said managers shall keep two lists of such voters and
two tally sheets and at the conclusion of the count shall deposit same
together with the votes cast and a certificate of the result of the
election with the clerk of the council, declaring elected the persons
receiving the highest vote. The place of holding said election shall be
the city hall and the polls shall be kept open from 7:00 A.M. to 7:00
P.M.
Section 3.4. Number of candidates elected; terms. On the
second Tuesday in December, 1971, an election shall be held for the
mayor of the city and two members of the city council. The mayor so
elected shall hold a term of office of two years and until his successor
is duly elected and qualified. The councilmen so elected shall hold a
term of office of three years and until their successors are duly elected
and qualified. Thereafter all members of the city council shall be
elected and shall hold a term of office of three years and until their
respective successors are duly elected and qualified. Nothing con-
tained herein shall affect the term of office of any member of the city
council in office on the effective date of this Act. Said members shall
continue in office until the expiration of their respective terms of
office. The terms of office for the mayor and each of the six members
of the city council shall commence on the first Monday in January
following their election and shall continue until their respective
successors in office have been duly elected and qualified; provided,
however, that the first mayor elected by the voters of the city under
GEORGIA LAWS 1982 SESSION
4747
the provisions of this Act shall take office upon the expiration of the
term of office of the mayor in office on July 1,1971. Two members of
the city council shall be elected at the city election in each year to fill
the positions on said council of the members whose terms of office
expire on the first Monday in January following such election.
ARTICLE IV
COURT AND CRIMINAL PROCEDURE
Section 4.1. Mayors courtGenerally. The mayor of said city
shall have the right and authority to hold a mayors court in and for
said city at such time and place as may be prescribed by ordinances of
the mayor and council, for the trial of offenses committed against the
bylaws, rules, regulations, and ordinances of said city and for such
violations to punish by fine not to exceed $1,000.00, by confinement
in the guardhouse or jail of said city, or the common jail of Appling
County, not exceeding 90 days, or by work on the public works,
streets, or alleys of said city not exceeding 90 days, any one or more of
all three of which penalties may be imposed in the discretion of the
mayor. If in trial of any case before said mayors court it shall appear
that a state offense, other than a violation of any city ordinance or city
law or rules and regulations thereof, and of the Uniform Traffic Code
of the State of Georgia, has been committed by the persons being
tried, it shall be the duty of the mayor to bind said person over to the
state courts to answer for said offense, said commitment to take effect
at the expiration of such term of service as may be imposed by the
mayor for the commission of the city offense. Said court shall have
the power to preserve order, compel the attendance of witnesses,
compel the production of books and papers to be used in evidence, by
punishing as for contempt, and to punish for contempt by imposing
such penalties as the mayor or acting mayor may see fit, not exceeding
the punishment authorized for the violation of municipal offenses.
The mayor shall have the right and authority to issue warrants for
offenses committed against the ordinances of said city and to issue
warrants for state offenses committed in said city. In the absence,
disability, or disqualification of the mayor, the mayor pro tempore,
and in his absence, disability, or disqualification, any member of the
council designated by it shall have the right to preside in said court
and to exercise all of the rights, powers, and functions of the mayor
therein.
Section 4.2. SameRecorder. The city council may at their
discretion by ordinance create the office of recorder of the city and
4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elect a recorder of the city, whose duty it shall be to preside in the
mayors court of said city with as full and ample authority to try and
dispose of all cases within the jurisdiction of the police court as the
mayor has under the provisions of the city charter, it being provided
that in the event and so long as there is a recorder holding this office
in the city, he shall preside in such court instead of the mayor with all
the rights and authority of the mayor, the mayor continuing to be
authorized to preside in such court if office of recorder is not credited,
or is discontinued, in case of a vacancy in the office of recorder, and in
the absence of the recorder. Such recorder shall hold office from the
time of election or appointment by the city council for a period of one
year thereafter unless the office of recorder shall be declared vacant
by vote of the city council. The office of recorder may be declared
vacant by the city council by resolution duly adopted in any regular
meeting. In case of vacancy in the office of recorder for any reason,
the city council may, at its discretion, at any time thereafter, elect and
appoint a successor, the mayor being authorized to preside at mayors
court in the same manner as he now presides and with all authority
and power now provided for him in that office at any time prior to the
creation of the office of recorder, upon and during a vacancy in that
office after the creation of same. Should the city council create the
office of recorder and appoint a recorder, they shall fix the salary to be
paid such recorder. The city council is authorized to appoint the city
manager, if any, of the city as recorder but shall not appoint to this
office the mayor or any member of the council during their term of
office.
Section 4.3. SameSummoning witnesses. The mayor of said
city is hereby authorized to compel the attendance of witnesses upon
the mayors court of said city from any part of Appling County or
other county of this state and to punish as for contempt the failure of
any person to attend after having been subpoenaed so to do.
Section 4.4. Jail, chain gang. The city council shall have the
right to build and keep a guardhouse or paid and to organize a chain
gang and confine at labor therein any person who may be sentenced to
work thereon from the mayors court, said chain gang to be estab-
lished, operated, and conducted under such rules and regulations as
may be prescribed by the city council.
Section 4.5. Fugitives. Should any person violating any of the
ordinances of said city flee from the jurisdiction thereof, he or she
may be apprehended and arrested wherever found in the state, and
GEORGIA LAWS 1982 SESSION
4749
the warrants of the recorder, mayor, mayor pro tempore, or acting
mayor of said city shall be sufficient authority for his or her return
and trial upon charge resting against such person, and should any
person after trial and conviction escape, such person may be appre-
hended or arrested whenever found in this state and the warrant of
either of the officials aforesaid shall be sufficient authority for his or
her arrest and return; and all persons escaping from the custody of
said city or its officers may be tried for such escape and punished
therefor not exceeding penalties hereinbefore provided.
Section 4.6. Arrests. It shall be lawful for the marshals of said
city to arrest without warrant any person or persons within the
corporate limits of said city who shall be guilty of violating any of the
ordinances of said city or any state law, which violations take place in
the presence of said marshals and to hold the person arrested for trial
in the guardhouse of said city or such place as may be by the city
council provided or to take bond for the appearance of such persons
for trial before the mayors court.
Section 4.7. Appearance bonds. The marshals of said city may
take bond for the appearance of any person arrested for any offense to
appear before the mayors court, said bonds to be taken and approved
in such manner as may be provided by the city council. In the event
any person for whom bond may be taken to appear before the mayors
court should fail to appear upon the call of the case in said court at the
time provided for his appearance, the presiding officer shall declare
such bond forfeited and so enter upon the docket and execution shall
be immediately issued against the principals and sureties of said bond
and levied as other executions. The person or persons having
defenses to such executions or desiring to file claims may do so under
the same rules and regulations and subject to the same provisions for
trial as above provided.
ARTICLE V
FINANCE AND TAXATION
Section 5.1. Disbursements. The funds of said city shall be paid
out only upon vouchers drawn by the clerk upon the treasurer and
countersigned by the mayor, and no amount shall be paid out for any
purpose whatever until the voucher or check drawn for such purpose
shall have been so countersigned, the treasurer and his bondsmen
being hereby made responsible for any funds paid out in a manner
other than as herein provided. In the absence, sickness, or disquali-
4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fication of the mayor, the mayor pro tempore, the chairman of the
finance committee, may countersign.
Section 5.2. Executions for claims, demands, taxes, etc. The city
council shall have the right, among other ways, to enforce by execu-
tion the collection of any debt or claim due said city for taxes, licenses,
rents, impounding fees, bond forfeitures, fines, or for any other claim
or demand on account of any matter whatever. Executions herein
authorized shall be issued by the clerk of said city or the person acting
at his direction or at the direction of the council in the absence or
disability of the clerk, bear test in the name of the mayor and directed
to the marshals of said city, and against the person, firm, or corpora-
tion or property by whom said debt or demand is due or against which
it is chargeable, and shall be by said marshals or either of them levied
upon any property, real or personal, within or without the corporate
limits of said city that may be subject to said execution, and may be
sold before the courthouse door of Appling County or before the
council chamber by any marshal of said city for the purpose of
satisfying said execution. When such property is realty, it shall be
sold on the regular sales day for sheriffs sales after advertisement in
some newspaper published in said County of Appling, for four weeks
preceding such sale, giving notice of the time, terms, and place of sale;
when personalty it may be sold after posting advertisements for ten
days at three public places within the corporate limits of said city. All
sales herein provided for shall be at public outcry to the highest
bidder for cash, and deeds made by the marshal of said city making
the sale in pursuance of any such sale shall have all the force and
effect of a sheriffs deed. The levy and sales herein provided for may
be had by any officer acting under appointment of the mayor as well
as the regular marshals. In cases of levy upon land the same notice
shall be given by the marshal as provided for sheriffs in cases of levy
upon land. Persons claiming title to any property levied upon may
file claims thereto under the same rules and regulations as provided
by law for filing claims, such claims when upon personalty, to be
returned to and tried in the City Court of Baxley, and when upon land
to be returned to and tried in the Superior Court of Appling County.
Parties having any such defense as might be set up by illegality in the
state courts may file affidavits of illegality to any executions herein
provided for, upon the same terms and conditions and subject to the
same penalty of illegalities filed in the state courts. Such illegality
shall be returnable to and triable in the mayors court of said city
under the same rules and regulations as relate to the return and trial
of illegalities in the state courts.
GEORGIA LAWS 1982 SESSION
4751
Section 5.3. Authority to levy; maximum. The city shall have
power and authority to levy and collect a tax upon all property, real
and personal, within the limits of said city, upon banks, insurance,
and all other capital employed therein; on stocks or corporations, and
on choses in action; provided that no tax upon real or personal estate
or property shall exceed 2 percent upon the value thereof except such
tax as may be levied to pay bonded indebtedness incurred under the
provisions of the Constitution and evidenced by bonds validated prior
to the effective date of this section.
Section 5.4. ReturnsRequired, scope. It shall be the duty of
the city council to provide blanks for the return of property for
taxation, in which blanks, in addition to other species of property,
every species of property subject to taxation in said city now referred
to in return blanks for state and county purposes shall be referred to,
upon which blank every citizen of said city and every owner of
property therein shall be required to make return under oath at its
full, fair market value to the clerk of council at such time and as of
such dates as may be required by the city council. It shall be the duty
of every person making return to make a full and complete return of
all such property as may be owned or controlled by such person
subject to taxation in said city. In said return all real estate and all
personal property shall be fully described and a valuation placed
thereon.
Section 5.5. SamePenalty for failure to file. All property not
returned for taxation within the time provided by the city council
shall be subject to a penalty not to exceed 10 percent.
Section 5.6. Assessments and tax digest. The city clerk shall use
the approved digest furnished to the city by the county as the tax
digest of the city as provided by state law.
Section 5.7. Occupational licenses. The city council of said city
shall have the right and authority to provide for and collect a special
license tax from any person, firm, or corporation, or the agent thereof,
engaged in carrying on either temporarily or permanently, or who
shall offer to so carry on or engage in, any business, profession, or
calling of any kind or character within the corporate limits of said city
or from itinerant trader or peddler, or from any person engaged in
carrying on or offering to carry on any sort of trade, trick, or device or
show or anything akin thereto within said city, said tax, to fully
regulate and control all kinds and character of trade, business, or
4752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
callings carried on or engaged in within said city, to provide for said
license being paid before engaging in said business or calling, and to
provide for a penalty as for the violation of municipal ordinances
against any person, firm, or corporation violating any such ordinance
or ordinances.
Section 5.8. Reserved.
Section 5.9. Franchises. The mayor and 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
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 35 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 5.10. Service charges. The mayor and council by
ordinance shall have the power to assess and collect fees, charges, and
tolls for sewer, sanitary, health, and any other services rendered
within and without the corporate limits of the city for the city
providing such services. If unpaid, such charges shall be collected as
provided in Section 5.13.
Section 5.11. Special assessments. The mayor and council by
ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way,
street, sidewalk, curbing, gutters, sewers, or other utility mains and
appurtenances from the abutting property owners under such terms
and conditions as are reasonable. If unpaid, such charges shall be
collected as provided in Section 5.13.
Section 5.12. 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.
GEORGIA LAWS 1982 SESSION
4753
Section 5.13. 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 this charter and ordinances of the city by whatever reasonable
means as are not precluded by general state law. This shall include
providing for the dates when the taxes or fees are due; late penalties
or interest; issuance and execution of fi. fas.; creation and priority of
liens; making delinquent taxes and fees personal debts of the persons
required to pay the taxes or fees imposed; revoking city licenses for
failure to pay any city taxes or fees; allowing exceptions for hardship;
and providing for the assignment or transfer or tax education.
Section 5.14. 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 5.15. Revenue bonds. Revenue bonds may be issued by
the mayor and council as state law now or hereafter provides. Such
bonds are to be paid out of any revenue producted by the project,
program, or venture for which they were issued.
Section 5.16. Short-term notes. The city must obtain and repay
any short-term loans within the current fiscal year or as is otherwise
provided by present or future state law.
ARTICLE VI
PUBLIC IMPROVEMENTS AND UTILITIES
DIVISION 1
GENERALLY
Section 6.1. General street powers; eminent domain. The city
council shall have the power and authority to widen, extend,
straighten, or otherwise alter any street, lane, alley, or square therein,
and to this end is hereby given the right to exercise the power of
eminent domain and to condemn the lands of any person, firm, or
corporation, or of any railroad corporation, as may be necessary.
Whenever the authority herein conferred shall be exercised, the
proceedings or procedure shall be the same as in cases where the right
of eminent domain is exercised under the state law, as in the state
laws provided, and subject to all its provisions.
4754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.2. Street etc. maintenance and improvement. It shall
be the duty of the city council of said city to keep the streets and
sidewalks in good condition and to this end shall have full power and
authority in their discretion to grade, macademize, drain, or other-
wise improve the sidewalks and streets of said city, and shall have the
right and power to assess the cost of paving or otherwise improving
the sidewalks or real estate abutting on the sidewalks so improved,
and collect one-half the cost of same by execution, levy, and sale. All
of the provisions hereinbefore provided for with reference to claims
and illegalities in cases of executions issued are hereby made applica-
ble to the foregoing section.
Section 6.3. Lights and waterworks acquisition, etc. powers;
eminent domain. The mayor and council of the city shall have full
power and authority to purchase and hold all real estate necessary for
the construction and operation of a system of light and waterworks, or
either both in and out of the city, and the said mayor and council of
the city shall have the right of eminent domain for the purpose of
constructing and operating, or extending and operating such a system
of waterworks and lights or either; provided, however, that no private
property shall thus be taken by the mayor and council of the city
without compensation first being paid and the method and procedure
for the condemnation of property being the same as now provided by
the laws of Georgia in condemnation proceedings.
Section 6.4. Water and sewer line extensions. The city council
of the city and the city shall have full power and authority to extend
water and sewerage lines, pipes, and services beyond the city limits
within the confines of Appling County, provided the consent of the
owners of the property over and through which said pipes and lines
are extended is obtained, or said property is condemned for that
purpose as provided by law, and the city council and the city shall
have full authority and control and jurisdiction over said pipes and
lines and the right, among other rights, to enter upon the property for
the repair and replacement of same and the right to make such
charges for water and sewer services furnished as within the discre-
tion of the city council may seem proper and just.
Section 6.5. Right of way donations to railroad companies. The
council of said city is hereby authorized to donate rights of way to any
railroad company over any of the streets of said city for the purpose of
constructing lines of railway therein.
GEORGIA LAWS 1982 SESSION
4755
Section 6.6. Sale or lease of water and sewer facilities. The
mayor and council are hereby authorized and empowered by ordi-
nance to contract to sell or to lease and to sell or to lease, upon such
terms and conditions as they may determine, the complete water-
works and sewerage plants and systems, distribution lines, and all
equipment, apparatus, and property whatsoever, both real and per-
sonal, connected therewith and used as a part thereof, belonging to
the city, and to cease operation of such utility and to convey good and
clear title thereto by deed of the city executed by its mayor.
Sections 6.7-6.14. Reserved.
DIVISION 2
CITY AUTHORITY
Section 6.15. Definitions. As used in this division the following
words and terms shall have the following meanings:
(a) The word authority shall mean the city authority created
by Section 616.
(b) The word project shall be deemed to include the following
revenue-producing undertakings or any combination of two or more
of such undertakings, whether now existing or hereafter acquired or
constructed: Systems, plants, works, instrumentalities, and proper-
ties: (i) used or useful in connection with the obtaining of a water
supply and the conservation, treatment, and disposal of water for
public and private uses; (ii) used or useful in connection with the
collection, treatment, and disposal of sewage, waste and storm water;
together with all parts of any such undertaking and all appurtenances
thereto, including lands, easements, rights in land, water rights,
contract rights, franchises, approaches, dams, reservoirs, generating
stations, sewage disposal plants, intercepting sewers, trunk connect-
ing and other sewer and water mains, filtration works, pumping
stations, and equipment.
(c) The term cost of the project shall embrace the cost of
construction, the cost of all lands, properties, rights, easements, and
franchises acquired, the cost of all machinery and equipment, financ-
ing charges, interest prior to and during construction, and for one
year after completion of construction, cost of engineering, architec-
tural and legal expenses, and of plans and specifications, and other
expenses necessary or incident to determining the feasibility or
4756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
practicability of the project, administrative expense, and such other
expenses as may be necessary or incident to the financing herein
authorized, the construction of any project, the placing of the same in
operation, and the condemnation of property necessary for such
construction and operation. Any obligation or expense heretofore
incurred for any of the foregoing purposes shall be regarded as a part
of the cost of the project and shall be paid or reimbursed out of the
proceeds of revenue bonds issued under the provisions of this division
for such project.
(d) Any project shall be deemed self-liquidating if, in the
judgment of the authority, the revenues and earnings thereof will be
sufficient to pay the cost of maintaining, repairing, and operating the
project and to pay the principal and interest of revenue bonds which
may be issued for the cost of such project.
Section 6.16. Created, incorporation, members, organization.
There is hereby created for the city a city authority, which is hereby
constituted a body corporate and politic and by that name and in that
style is authorized and empowered to contract and be contracted
with, sue and be sued, plead and be impleaded, and complain and
defend in all courts of law and equity. Said city authority shall be and
the same is hereby constituted a governmental instrumentality of the
city and made a public corporation of the state. The city authority
shall consist of three members to be appointed by the mayor of the
city, each of whom shall be a resident of the city at the time of his
appointment. The original appointments shall be made in such
manner that the term of one member shall expire on January 1,1940,
the term of another member shall expire on January 1, 1941, and the
term of the remaining member shall expire on January 1,1942. Their
successors shall be appointed for terms of four years from the dates of
expiration of their respective terms of office, except that any person
appointed to fill a vacancy shall serve only for the unexpired term,
and any member of the authority shall be eligible for reappointment.
Immediately after such appointments, the members of the authority
shall enter upon their duties. The authority shall elect one of its
members as chairman and another as vice chairman and shall also
elect a secretary and treasurer who may not necessarily be a member
of the authority. Two members of the authority shall constitute a
quorum. No vacancy in the authority shall impair the right of a
quorum to exercise all the rights and perform all the duties of the
authority. The members of the authority shall not be entitled to
compensation for their services but shall be reimbursed for their
GEORGIA LAWS 1982 SESSION
4757
actual expenses necessarily incurred in the performance of their
duties. The authority shall make necessary rules and regulations for
its own government. The authority may delegate to one or more of its
members, or to its officers, agents, and employees such powers and
duties as it may deem proper.
Section6.17. Powers. The authority shall have power:
(1) To have a seal and alter the same at pleasure;
(2) To acquire, hold, and dispose of personal property for its
corporation 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 and subject to the provisions of
any and all existing laws applicable to the condemnation of
property for public use, real property or rights or easements
therein or franchises necessary or convenient for its corporate
purposes; and to use the same so long as its corporate existence
shall continue and to lease or make contracts with respect to the
use of or dispose of the same in any manner it deems to the best
advantage of the authority, the authority being under no obliga-
tion to accept and pay for any property condemned under this
division except from the funds provided under the authority of
this division, and in any proceedings to condemn, such orders may
be made by the court having jurisdiction of the suit, action, or
proceeding as may be just to the authority and to the owners of the
property to be condemned, and no property shall be acquired
under the provisions of this division 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 such lien or encumbrance in full; and if the authority
shall deem it expedient to construct or reconstruct any project on
lands the title to which shall then be in the city, the mayor is
hereby authorized to convey, for and in behalf of the city, title to
such lands to the authority upon payment to the city treasurer the
reasonable value of such lands, such value to be determined by
three appraisers to be agreed upon by the mayor and the chairman
of the authority;
(4) To appoint and select officers, agents, and employees,
including engineering, architectural, and construction experts and
attorneys, and fix their compensation;
4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) To make contracts and to execute all instruments neces-
sary or convenient, including contracts for construction of projects
and leases of projects or contracts with respect to the use of
projects which it causes to be erected or acquired, and any and all
departments or agencies of the state are authorized to hereby
enter into leases or agreements with the authority upon such
terms and for such purposes as they deem advisable;
(6) To construct, reconstruct, erect, acquire, own, repair,
add to, remodel, maintain, extend, improve, equip, operate, and
manage self-liquidating projects, as hereinabove defined, to be
located on property owned by the authority, the cost of any such
project to be paid 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;
(7) To accept loans and/or grants of money or materials or
property of any kind from the United States of America or any
agency or instrumentality thereof, including the Reconstruction
Finance Corporation, upon such terms and conditions as the
United States of America or such agency or instrumentality,
including the Reconstruction Finance Corporation, may impose;
(8) To borrow money for any of its corporate purposes and
to issue negotiable revenue bonds payable solely from earnings of
such projects, and to provide for the payment of the same and for
the rights of the holders thereof;
(9) To exercise any power usually possessed by private
corporations performing similar functions, which is not in conflict
with the constitution and laws of this state; and
(10) To do all things necessary or convenient to carry out the
powers expressly given in this division.
Section 6.18. Revenue bonds. The authority 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 of the
authority for the purpose of paying all or any part of the cost as
hereinabove defined of any one or more projects. The principal and
interest of such revenue bonds shall be payable solely from the special
fund herein provided for such payment. The bonds of each issue shall
be dated, shall bear interest at such rate or rates not exceeding 6
GEORGIA LAWS 1982 SESSION
4759
percent per annum, payable semiannually, 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 provision for the issuance of the bonds. The
authority shall determine the form of the bonds, including any
interest coupons to be attached thereto, and shall fix the denomi-
nation 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. In case any officer
whose signature shall appear on any bonds or whose facsimile signa-
ture shall appear on any coupons shall cease to be such officer before
the delivery of such bonds, such signature shall nevertheless be valid
and sufficient for all purposes the same as if he had remained in office
until such delivery. All such bonds shall be signed by the chairman of
the authority and the official seal of the authority shall be affixed
thereto and attested by the secretary-treasurer of the authority and
any coupons attached thereto shall bear the facsimile signature of the
chairman of the authority. Any coupon may bear the facsimile
signature of such person and any bond may be signed, sealed, and
attested on behalf of the authority by such persons as at the actual
time of the execution of such bond shall be duly authorized or hold
the proper office, although at the date of such bond such persons may
not have been so authorized and shall not have held such office. All
revenue bonds issued under the provisions of this division shall have
and are hereby declared to have all the qualities and incidents of
negotiable instruments under the negotiable instruments law of the
state. Such bonds and the income thereof shall be exempt from all
taxation within the state. The bonds may be issued in coupon or in
registered form, or both, as the authority may determine, and provi-
sion may be made for the registration of any coupon bond as to
principal alone and also as to both principal and interest. The
authority may sell such bonds in such manner and for such price as it
may determine to be for the best interests of the authority, but no
such sale shall be made at a price so low as to require the payment of
interest on the money received therefor at more than 6 percent per
annum, computed with relation to the absolute maturity of the bonds
in accordance with standard tables of bond values excluding, how-
ever, from such computation the amount of any premium to be paid
on redemption of any bond prior to maturity. The proceeds of such
bonds shall be used solely for the payment of the cost of the project or
4760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
projects, and shall be disbursed upon requisition or order of the
chairman of the authority under such restrictions, if any, as the
resolution authorizing the issuance of the bonds or the trust inden-
ture hereinafter mentioned may provide. If the proceeds of such
bonds, by error of calculation or otherwise, shall be less than the cost
of the project or projects, unless otherwise provided in the resolution
authorizing the issuance of the bonds or in the trust indenture,
additional bonds may in like manner be issued to provide the amount
of such deficit, which unless otherwise provided in the resolution
authorizing the issuance of the bonds or in the trust indenture, shall
be deemed to be of the same issue and shall be entitled to payment
from the same fund without preference or priority of the bonds first
issued for the same purpose. If the proceeds of the bonds of any issue
shall exceed the amount required for the purpose for which such
bonds are issued, the surplus shall be paid into the fund hereinafter
provided for the payment of principal and interest of such bonds.
Prior to the preparation of definitive bonds, the authority may, under
like restrictions, issue interim receipts, interim certificates, or tempo-
rary bonds, with or without coupons, exchangeable for definitive
bonds upon the issuance of the latter. The authority may also provide
for the replacement of any bond which shall become mutilated or be
destroyed or lost. 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 division. In the discretion of the authority, revenue
bonds of a single issue may be issued for the purpose of paying the
cost of any one or more projects. Any resolution providing for the
issuance of revenue bonds under the provisions of this division 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 6.19. Credit of city not pledged. Revenue bonds
issued under the provisions of this division shall not be deemed to
constitute a debt of the city or a pledge of the faith and credit of the
city, but such bonds shall be payable solely from the fund hereinafter
provided therefor from earnings, and the issuance of such revenue
bonds shall not directly or indirectly or contingently obligate the city
to levy or to pledge any form of taxation whatever therefor or to make
any appropriation for their payment. Neither the city nor the
authority shall be obligated to pay the principal of or the interest on
such revenue bonds except from earnings of the project or projects for
GEORGIA LAWS 1982 SESSION
4761
which they shall be issued. All such revenue bonds shall contain
recitals on their face covering the foregoing provisions of this section.
Section 6.20. Trust funds. All moneys received pursuant to
the authority of this division, whether as proceeds from the sale of
revenue bonds, as grants or other contributions, or as revenues and
earnings, shall be deemed to be trust funds, to be held and applied
solely as provided in this division. The authority shall, in the resolu-
tion providing for the issuance of revenue bonds or in the trust
indenture, provide for the payment of the proceeds of the sale of the
bonds and the earnings and revenues to be received to any officer 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 division and such resolution or
trust indenture may provide.
Section 6.21. Trust indenture. In the discretion of the author-
ity, 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 revenues and earnings to be received. Either the
resolution providing for the issuance of revenue bonds or such trust
indenture may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and
proper and not in violation of law, including covenants setting forth
the duties of the authority in relation to the acquisition of property,
the construction of the project, the maintenance, operation, repair,
and insurance of the project, and the custody, safeguarding, and
application of all moneys, and may also provide that any project shall
be constructed and paid for under the supervision and approval of
consulting engineers or architects employed or designated by the
authority and satisfactory to the original purchasers of the bonds
issued therefor, and may also require that the security given by
contractors and by any depositary of the proceeds of the bonds or
revenues or other moneys be satisfactory to such purchasers, and may
also contain provisions concerning the conditions, if any, upon which
additional revenue bonds may be issued. It shall be lawful for any
bank or trust company incorporated under the laws of this state to act
as such depositary and to furnish such indemnifying bonds or pledge
such securities as may be required by the authority. Such indenture
may set forth the rights and remedies of the bondholders and of the
trustee, and may restrict the individual right of action of bondholders
4762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as is customary in trust indentures securing bonds and debentures of
corporations. In addition to the foregoing, such trust identure may
contain such other provisions as the authority may deem reasonable
and proper for the security of the bondholders. All expenses incurred
in carrying out such trust indenture may be treated as a part of the
cost of maintenance, operation, and repair of the project or projects
affected by such indenture.
Section 6.22. Revenues and earnings; operation of projects. The
authority is hereby authorized to fix and to revise from time to time
fees, rentals, and other charges for the use of each project and for the
services and facilities furnished by the same and to charge and collect
the same and to lease and to make contracts with any agency or
department of the state with respect to the use of any project or part
thereof. Such rentals and other charges shall be so fixed and adjusted
in respect of the aggregate thereof from the project or projects for
which a single issue of revenue bonds is issued, as to provide a fund
sufficient with other revenues of such project or projects, if any, to
pay:
(a) The cost of maintaining, repairing, and operating the project
or projects, including reserves for extraordinary repairs and insur-
ance, and other reserves required by the resolution or trust indenture,
unless such cost shall be otherwise provided for, which cost shall be
deemed to include the expenses incurred by the authority on account
of the project or projects; and
(b) The principal of the revenue bonds and the interest thereon
as the same shall become due. The revenues and earnings derived
from the project or projects for which a single issue of bonds is issued,
except such part thereof as may be required to pay the cost of
maintaining, repairing, and operating the project or projects, and to
provide such reserves therefor as may be provided for in the resolu-
tion authorizing the issuance of the revenue bonds or in the trust
indenture, shall be set aside at such regular intervals as may be
provided for in the resolution authorizing the issuance of the revenue
bonds or in the trust indenture in a sinking fund which is hereby
pledged to, and charged with the payment of:
(1) The interest upon such revenue bonds as such interest
shall fall due;
GEORGIA LAWS 1982 SESSION
4763
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying prin-
cipal and interest; and
(4) Any premium upon bonds retired by call or purchase as
hereinabove provided.
The use and disposition of such sinking fund shall be subject to such
regulations as may be provided in the resolution authorizing the
issuance of the revenue bonds or in the trust indenture, but, except as
may otherwise be provided in such resolution or trust indenture, such
sinking fund shall be a fund for the benefit of all revenue bonds
without distinction or priority of one over another. Subject to the
provisions of the resolution authorizing the issuance of the revenue
bonds or of the trust indenture, any moneys in such sinking fund in
excess of an amount equal to one years interest on all revenue bonds
then outstanding may be applied to the purchase or redemption of
bonds. All revenue bonds so purchased or redeemed shall forthwith
be canceled and shall not again be issued.
It shall be the duty of the authority to prescribe rules and
regulations for the operation of each project constructed under the
provisions of this division.
Section 6.23. Remedies. Any holder of revenue bonds issued
under the provisions of this division, or any of the coupons appertain-
ing 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 or granted hereunder or under such resolution or trust
indenture, and may enforce and compel performance of all duties
required by this division 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 and other charges for the
use shall have the right to compel any exercise of the taxing power of
the city to pay any such bond or the interest thereon, or to enforce the
payment thereof against any property of the city, nor shall any such
bond constitute a charge, lien, or encumbrance, legal or equitable,
upon any property of the city.
4764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
In addition to the remedies afforded by this section and otherwise
by this division, the holder of any such bonds shall be entitled to and
may pursue all of the remedies afforded to holders of revenue
certificates issued pursuant to the Act of the General Assembly of
Georgia, approved March 31, 1937, and known as the Revenue
Certificate Law.
Section 6.24. Contributions. The authority, in addition to the
moneys which may be received from the sale of revenue bonds and
from the collection of revenues and earnings derived under the
provisions of this division, shall have authority to accept from any
federal agency grants for or in aid of the construction of any project or
for the payment of bonds, and to receive and accept contributions
from any source of either money or property or other things of value
to be held, used, and applied only for the purposes for which such
grants or contributions may be made.
Section 6.25. Revenue 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 division 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 division insofar as the same may be applicable.
Section 6.26. Legal investment and security for deposits. The
bonds are hereby made securities in which all public officers and
bodies of this state and all municipalities and all municipal subdivi-
sions, all insurance companies and associations and other persons
carrying on an insurance business, all banks, bankers, trust compa-
nies, savings banks and savings associations, including savings and
loan associations, building and loan associations, investment compa-
nies, and other persons carrying on a banking business, all adminis-
trators, guardians, executors, trustees, and other fiduciaries and all
other persons whatsoever who are now or may hereafter be authorized
to invest in bonds or other obligations of the state may properly and
legally invest funds including capital in their control or belonging to
them. The bonds are also hereby made securities which may be
deposited with and shall be received by all public officers and bodies
of this state and all municipalities and municipal subdivisions for any
purpose for which the deposit of the bonds or other obligations of this
state is now or may hereafter be authorized.
GEORGIA LAWS 1982 SESSION
4765
Section 6.27. Governmental function. 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 the city and is a public purpose and that the authority
will be performing an essential governmental function in the exercise
of the power conferred upon it by this division and the city covenants
with the holders of the bonds that the authority shall be required to
pay no taxes or assessments upon any of the property acquired by it or
under its jurisdiction, control, possession, or supervision or upon its
activities in the operation or maintenance of the buildings erected or
acquired by it or any fees, rentals, or other charges for the use of such
buildings or other income received by the authority and that the
bonds of the authority, their transfer, and the income therefrom shall
at all times be exempt from taxation within the said city.
Section 6.28. Validation of revenue bonds. All revenue bonds
issued under this division shall be validated in the superior court in
the manner hereinafter set forth.
Section 6.29. Notice to district attorney or Attorney Gen-
eral. When the city authority, hereby created, desires to issue
revenue bonds under the provisions of this division, the chairman and
secretary of the authority shall within six months after the passage of
the resolution authorizing such bonds notify the district attorney of
the Brunswick Judicial Circuit, in writing, of the fact that such
resolution has been passed by the governing body and of the intention
of said authority to issue said bonds. The service of notice shall be
personal upon the district attorney and shall be accompanied by a
certified copy of the resolution of the city authority authorizing the
bonds. In the event the district attorney is absent from the circuit,
the notice shall be served in person upon the Attorney General.
Section 6.30. Duty of Attorney General or district attorney to
file petition; order of court; answer. Within 20 days from the date of
service of notice, provided for in the preceding section, the district
attorney, or the Attorney General, as the case may be, shall prepare
and file in the office of the clerk of the superior court of Appling
County a petition directed to the superior court of said county in the
name of the state and against the city authority, setting forth service
of such notice, the amount of bonds to be issued, for what purpose to
be issued, what interest they are to bear, how much principal and
interest is to be paid annually, when to be paid in full, and the
security to be pledged to the payment of said bonds; and shall obtain
4766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from the judge of said court an order requiring the city authority by
its proper officers to show cause at such time and place either in term
or chambers within 20 days from the filing of the petition, as the judge
may direct, why the bonds and the security for the payment thereof
should not be confirmed and validated; which petition and order shall
be served in the manner now provided by law for service of petitions
upon counties, municipalities, or political subdivisions; and to such
petition the city authority shall make sworn answer within the time
prescribed herein.
Section 6.31. Notice of hearing. Prior to the hearing of said
cause, the clerk of the superior court of Appling County shall publish
in a newspaper at least twice before the hearing, a notice to the public
that on the day specified in the order providing for the hearing of said
cause that same will be heard.
Section 6.32. Trial of case; parties; judgment, bill of excep-
tions. Within the time prescribed in the order, the judge of said
superior court shall proceed to hear and determine all the questions of
law and of fact in said cause, and shall render judgment thereon, and
in the event his judgment shall be in favor of the issuance of said
bonds, a judgment and order shall be entered to that effect, and any
citizen of this state, resident of the city, may become a party to said
proceedings, and if dissatisfied with the judgment of the court
confirming and validating the issuance of the bonds, and the security
therefor, may except thereto within 20 days from the judgment, as in
the case of injunctions, and upon the hearing in the supreme court
such bill of exceptions shall be heard in accordance with the practice
regulating the hearing of bills of exceptions in criminal cases.
Section 6.33. Judgment validating forever conclusive. In the
event no bill of exceptions shall be filed within the time prescribed
herein, or if filed the judgment shall be affirmed by the supreme
court, the judgment of the superior court, so confirming and validat-
ing the issuance of said bonds and the security therefor, shall be
forever conclusive upon the validity of said bonds and the security
therefor against the city authority and all persons whomsoever.
Section 6.34. How bonds shall be stamped. Bonds, when
issued under provisions of this division shall have stamped or written
thereon, by the proper officers of the city authority issuing the same,
or their agents or servants, the words: Validated and confirmed by
judgment of the Superior Court, specifying also the date when such
GEORGIA LAWS 1982 SESSION
4767
judgment was rendered, and the court in which it was rendered, which
shall be signed by the clerk of the superior court in which the
judgment was rendered, such entry shall be original evidence of the
fact of such judgment and shall be received as original evidence in any
court in this state.
Section 6.35. Costs and fee of district attorney; by whom paid.
The cost of said case shall be paid in any event by the city authority,
and in addition to costs it shall also pay the district attorney the sum
of $25.00 for his entire services in such case.
Section 6.36. Failure of district attorney or Attorney General to
file proceedings; order of court. In the event the district attorney or
the Attorney General shall fail or refuse to present said petition
within the time provided by this division, it shall be competent for the
city authority to present such facts in writing to the court, and to
represent further that such failure has been without fault on the part
of the city authority. In such case it shall be the duty of the court, and
he shall have power and authority to inquire into the facts and, upon
being satisfied that such failure has not arisen from any fault or
neglect on the part of such city authority, to pass an order authorizing
and directing the district attorney or Attorney General, as the case
may be, to proceed within ten days to file the petition authorized by
this division, and thereafter the proceedings shall be heard in the
same manner as would have been followed had such petition been
duly and promptly filed in the first instance.
Where proceedings are had as provided in this section and a
judgment validating such bonds and the security therefor is entered,
the same shall be held and deemed to be as fully and completely
validated to all intents and purposes as though the proceedings had
been originally taken as provided in this division and in such event
the judgment of validation shall be finally and completely conclusive
in like manner as provided by Section 6.33.
Section 6.37. Powers not impaired. 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, departments, agency, or authority will be created which
will compete with the authority to such an extent as to affect
adversely the interests and rights of the holders of such bonds, nor
4768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
will the city itself so compete with the authority. The provisions of
this division shall be for the benefit of the city, 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 6.38. Law liberally construed. This division, being
necessary for the welfare of a subdivision of the state and its inhabi-
tants, shall be liberally construed to effect the purposes hereof.
Section 6.39. Constitutional construction. The provisions of
this division 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 6.40. Alternative method. The foregoing sections of
this division 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.
Sections 6.41 - 6.49. Reserved.
DIVISION 3
STREET IMPROVEMENTS AND ASSESSMENTS
Section 6.50. Power and authority to make improvement;
publication of resolution; time for protest; petition. The mayor and
council of the city shall have the power and authority to improve any
street, sidewalk, alley, or other public place, or any part thereof,
either in length or width, within the limits of said city whenever said
governing body shall deem it necessary and shall have published a
resolution once a week for four weeks in a newspaper having a general
circulation in said municipality, and when, after being so published, if
a majority of the owners of land abutting on said improvement shall
not within 15 days after the last day of publication of such resolution
file with the clerk of said city their protest in writing against such
improvement, the said governing body shall have power to cause said
improvement to be made and to contract therefor and to make
assessments and fix liens as provided for herein.
GEORGIA LAWS 1982 SESSION
4769
Any number of streets, or any part or parts thereof to be so
improved, may be included in one resolution, but any protest or
objection shall be made as to each street or sidewalk separately;
provided, however, that if a majority of the owners of land liable to
assessment for any such improvement shall petition the governing
body for such improvements, citing this division and designating by a
general description the improvement to be undertaken and the street
or sidewalk, or any part thereof, to be improved, it shall thereupon be
the duty of said governing body to proceed as hereinafter provided to
cause said improvement to be made in accordance with the prayers of
said petition and their own best judgment, and in such cases the
resolution hereinbefore mentioned shall not be required. The petition
shall be lodged with the clerk of the municipality, who shall invest-
igate the sufficiency thereof, submit the petition to the governing
body, and certify the result of his or her investigation. The determi-
nation of the governing body upon the sufficiency of the petition shall
be final and conclusive.
Section 6.51. Pro rata front footage charge. Each lot or parcel of
land abutting upon said improvement shall be charged on the basis of
lineal foot frontage at an actual rate per foot of such frontage with its
just pro rata of the entire cost of said improvement, less any amounts
paid by railroads or others as herein provided; provided, however,
that the costs of the sidewalks, curbs, and gutters, and any drainage
thereunder shall be charged entirely to the lots or parcels of land
abutting on that side of the street upon which the same are con-
structed. The frontage of intersecting streets shall be assessed as real
estate abutting upon the improvement, and the municipality, for all
purposes of this division, shall be deemed to be the owner thereof, and
the mayor shall have authority to sign the petition or file objections as
provided for herein, and the governing body of the city shall pay in
cash from the city treasury its just pro rata of the entire costs of said
improvement, unless a majority of the owners of the aforesaid front-
age in the petition hereinbefore provided for shall agree to pay the
entire cost of said improvement, or unless in the resolution hereinbe-
fore provided for it shall be stated that the entire cost of the
improvement is to be paid by the abutting property owners.
Section 6.52. Paving railroad. Any railroad company having
tracks running along the street at the time of the proposed improve-
ment as provided herein shall be required by the governing body to
pave the width of its track and its entire right of way on each side of
said track with the same material and in the same manner as the rest
4770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the street is to be paved, and such work shall be performed under
the supervision and subject to the approval of the city engineer, or
such person as may be designated by the governing body of said city,
and if such railway company shall not within a period of 30 days after
the receipt by such company of the notice to do such work agree in
writing to comply with such order, or if the work is not completed to
the satisfaction of the city engineer or other person designated by the
governing body as aforesaid, within such time as may be determined
by the governing body of the city, said governing body shall have such
work done and charge the cost and expense thereof to such railway
company, to be paid by it in cash, and the same until paid shall
constitute a lien against all of the property of such railway company
located in said municipality, and said lien shall have the same rank
and priority and shall be enforced in the same manner as the liens
provided for in Section 6.56. The governing body may in its discretion
require such paving to be of a different material and manner of
construction.
Section 6.53. Enacting ordinances; establishing rules; water and
sewer alterations. Whenever the petition provided for in Section 6.50
is presented, or when the governing body shall have determined to
improve any street, sidewalk, alley, or other public place, and shall
have passed the resolution provided for in Section 6.50, the governing
body shall then have the power to enact all ordinances and to
establish all such rules and regulations as may be necessary to require
the owners of all property abutting on the improvement to pay the
cost of such improvement, and to cause to be put in and constructed
all drainage, water or sewer pipe connections to connect with any
existing water or sewer pipes in and underneath the streets where
such improvement is to be made, and all cost and expense of making
such connections shall be taxed solely against such property, but shall
be included and made a part of the general assessment to cover the
cost of such improvement.
Section 6.54. Adoption of resolution; contractors bond; bids.
After the expiration of the time for objections or protests on the part
of the property owners, if no sufficient protest is filed, or on receipt of
a petition for such improvement signed by a majority of the owners of
the land to be assessed, if such petition shall be found to be in proper
form and properly executed, the governing body shall adopt a resolu-
tion reciting that no such protest has been filed, or of the filing of such
a petition, as the case may be, and expressing the determination of
said governing body to proceed with the said improvement, stating
GEORGIA LAWS 1982 SESSION
4771
the kind of improvement and defining the extent, character, and
width of the same, and such other matters as may be necessary, to
instruct the engineer or other party as hereinbefore provided,
employed by said municipality, in the performance of his duty in
preparing for such improvement the necessary plans, plots, profiles,
specifications, and estimates. Said resolution shall set forth any and
all such reasonable terms and conditions as said governing body shall
by resolution provide that the contractor shall execute to the city a
good and sufficient bond as provided in an Act entitled Contractors
of Public Work Bonded, approved August 19,1916, and may require
a bond in an amount to be stated in such resolution for the mainte-
nance of good condition of such improvements for a period of not less
than five years from the time of its completion, or both, in the
discretion of said governing body. Said resolution shall also direct the
clerk of said city to advertise for sealed proposals for furnishing the
materials and performing the work necessary in making such
improvements. The notice of such proposals shall be published in two
consecutive issues of a newspaper having a general circulation in the
city, and shall state the street or streets to be improved, the kind of
improvements proposed, what, if any, bond or bonds will be required
to be executed by the contractor aforesaid, and shall state the time
when and the place where such sealed proposals shall be filed and
when and where the same will be considered by said governing body.
At the time and place specified in such notice the governing body
shall examine all bids received and without unnecessary delay award
the contract to the lowest or best bidder, who will perform the work
and furnish the materials which may be selected and perform all the
conditions imposed by the governing body of said city as prescribed in
such resolution and notice for proposals, and the said governing body
shall have the right to reject any and all bids and readvertise for other
bids when the bids submitted are not in its judgment satisfactory.
Section 6.55. Contents of contract; board of appraisers, report;
hearing of appraisal protests; fixing assessment, interest; methods of
paying assessments. After said contract is let and the cost of such
improvement, which shall also include all other expenses incurred by
the city incident to said improvement, in addition to the contract
price for the work and materials, is ascertained, the said governing
body shall by resolution appoint a board of appraisers consisting of
three members to appraise and apportion the cost and expense of the
same to the several tracts of land abutting on said improvement as
hereinbefore provided. Within 30 days from the date of the resolu-
tion appointing said board it shall file with the clerk of the municipal-
4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ity a written report of the appraisal and the assessment and appor-
tionment in the manner and on the basis herein provided for of such
expense and cost upon the several lots and tracts of land abutting on
said street, or upon the property of any railway whose tracks run
along such street where such railway has failed or refused to do the
paving provided herein when and as required by the governing body.
When said report shall have been returned and filed, the governing
body shall appoint a time for the holding of a session or shall
designate a regular meeting of their body for the hearing of any
complaints or objections that may be made concerning said appraise-
ment, apportionment, and assessment as to any such lots or tracts of
land abutting on said improvement, and notice of such session for the
said hearing shall be published by the clerk of the governing body
once a week for four weeks in the paper in which the sheriffs
advertisements for the county are published, and said notice shall
provide for an inspection of such return by any property owner or
other party interested in such return. The time fixed for said hearing
shall not be less than five nor more than ten days from the date of the
last publication. The governing body at said session shall have power,
and it shall be its duty, to review and correct said appraisement,
apportionment, and assessment if it is deemed proper to do so by said
governing body, and to hear objections to the same, and to confirm
the same either as made by said board or as corrected by said
governing body.
The governing body shall by ordinance fix the assessments in
accordance with said appraisement and apportionment as so con-
firmed against the several tracts of land liable therefor; provided,
however, that the rate of interest to be taxed shall not exceed 1
percent over and above the rate of interest stipulated in the bonds
herein provided for.
Assessment in conformity to said appraisement and apportion-
ment as confirmed by said governing body shall be payable to the
treasurer of said municipality in cash, and if paid within 30 days from
the date of the passage of said ordinance without interest, provided,
however, that in the event the owner of the land or of any railway so
assessed shall within 30 days from the passage of the ordinance
making the assessment final, file with the clerk of said municipality
his or its written request asking that the assessment be payable in
installments in accordance with the provisions hereof, the same shall
thereupon be and become payable in ten equal annual installments
and shall bear interest at the rate of not exceeding 7 percent per
GEORGIA LAWS 1982 SESSION
4773
annum until paid, and each installment, together with the interest on
the entire amount remaining unpaid, shall be payable in each year at
such time and place as shall be provided by resolution of the govern-
ing body.
Section 6.56. Lien of assessments. Such special assessment
and each installment thereof, and the interest thereon, and the
expense of collection, are hereby declared to be a lien against the lots
and tracts of land so assessed from the date of the ordinance levying
the same, coequal with the lien of other taxes and prior to and
superior to all other liens against such lots or tracts, and such lien
shall continue until such assessment and interest thereon shall be
fully paid, and shall be enforced in the same manner as are the liens
for city taxes.
Section 6.57. Bond issue. The governing body, after the
expiration of 30 days from the passage of said ordinance confirming
and levying said assessment, shall by resolution provide for the
issuance of bonds in the aggregate amount of such assessment
remaining unpaid, bearing date 15 days after the passage of the
ordinance fixing said assessments and of such denominations as the
governing body shall determine, which bond or bonds shall in no
event become a liability of the city or of the governing body of said
city. One-tenth in amount of any such series of bonds, with the
interest upon the whole series to date, shall be payable on such day
and at such place as may be determined by the governing body, and
one-tenth thereof with the yearly interest upon the whole amount
remaining unpaid shall be payable on the same day in each succeed-
ing year until all shall be paid. Such bonds shall bear interest at a rate
not exceeding 6 percent per annum from their date until maturity,
payable annually, and shall be designated as street improvement
bonds, and shall on the face thereof recite the street or streets, part
of street or streets, or other public places for the improvement of
which they have been issued, and that they are payable solely from
assessments which have been fixed upon the lots and tracts Oi land
benefited by said improvement under authority of this division. Said
bonds shall be signed by the mayor of said city and attested by the
clerk of the governing body of said city and shall have the impression
of the corporate seal of such municipality thereon, and shall have
interest coupons attached, and all bonds issued by authority of this
division shall be payable at such place either within or without the
state as shall be designated by said governing body.
4774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Said bonds shall be sold by said governing body at not less than
par and the proceeds thereof applied to the payment of the contract
price and other expenses incurred pursuant to the provisions of this
division, or such bonds in the amount that shall be necessary for that
purpose may be turned over and delivered to the contractor at par
value in payment of the amount due him on his contract, and the
portion thereof which shall be necessary to pay other expenses
incident to and incurred in providing for said improvements shall be
sold or otherwise disposed of as the said governing body shall direct.
Any proceeds from the sale of said bonds remaining in the hands of
the treasurer after the payments hereinbefore provided for shall go
into the treasury of the municipality as compensation for the services
to be rendered by it as contemplated herein.
Said bonds shall be registered by the clerk of the city, in a book
provided for that purpose, and certificates of registration by said
clerk shall be enforced upon each of said bonds.
Section 6.58. Payment of assessment to treasurer; disposition of
proceeds; treasurers bond; collection, executions. The assessment
provided for and levied under the provisions of this division shall be
payable as the several installments become due, together with inter-
est thereon, to the treasurer of said city, who shall keep an accurate
account of all such collections by him made, and such collections shall
be kept in a special fund to be used and applied for the payment of
such bonds and interest thereon and expenses incurred incident
therein, and for no other purpose, until all of said bonds are paid in
full, and said treasurer shall give such bond, if any, as may be required
by the governing body of said city, conditioned upon the faithful
performance by him of the duties imposed herein.
It shall be the duty of said treasurer, not less than 30 days and not
more than 50 days before the maturity of any installment of such
assessments, to publish at least one time in a newspaper having a
general circulation in said city a notice advising the owner of the
property affected by such assessment of the date when such install-
ment and interest will be due, and designating the street or streets or
other public places for the improvement of which such assessments
have been levied, and that, unless the same shall be promptly paid,
proceedings will be taken to collect said installment and interest, or in
lieu thereof to mail such notice within the time limits aforesaid to the
owners of record of the property affected at their last known address.
It shall be the duty of said treasurer promptly within 15 days after the
GEORGIA LAWS 1982 SESSION
4775
date of the maturity of any such installment or assessment or interest,
upon default of payment of such installment or assessment or interest
to issue an execution against the lot or tract of land assessed for such
improvement, or against the party or person owning the same, for the
amount of such assessment or interest, or both, as the case may be,
and he shall turn over the same to the marshal or chief of police of the
municipality or his deputy, who shall levy the same upon the abutting
real estate liable for such assessment and previously assessed for such
improvements, and, after advertisement and other proceedings as in
case of sales for city taxes, the same shall be sold at public outcry to
the highest bidder for cash, and such sales shall vest an absolute title
in the purchaser, subject to the lien of the remaining unpaid install-
ments with interest, and also subject to the right of redemption as
provided in Sections 880, 1169, 1170, 1171, and 1172 of the Code of
Georgia of 1910, provided that the defendant shall have the right to
file an affidavit denying that the whole or any part of the amount for
which said execution issued is due, and stating what amount he
admits to be due, which amount so admitted to be due shall be paid
and collected before the affidavit is received, and the affidavit
received for the balance. All affidavits (and the foregoing and
following provisions shall apply to any railroad or railway within said
city against whom execution shall be issued for the cost and expense
of paving) shall set out in detail the reasons why the affidavit claims
the amount is not due, and when received by the city marshal or chief
of police of said city shall be by him returned to the Superior Court of
Appling County, Georgia, and there be tried and the issue determined
as in cases of illegality, subject to all the pains and penalties provided
for in cases of illegality for delay under the Code of Georgia.
The failure of the said treasurer or clerk to publish or mail said
notice of maturity of any installment of said assessment and interest
shall in nowise effect the validity of the assessment and interest and
the execution issued therefor.
Section 6.59. Suits to set aside assessments. No suit shall be
sustained to set aside any such assessment or to enjoin the said
governing body from making or fixing or collecting the same or issuing
or levying executions therefor, or issuing such bonds or providing for
their payment as herein authorized, or contesting the validity thereof,
on any ground or for any reason other than for the failure of the
governing body to adopt and publish the preliminary resolution
provided for in Section 6.50 in cases requiring such resolution and its
publication, or to give the notice of the hearing of the return of the
4776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appraisers as herein provided for, unless such suit shall be com-
menced within 30 days after the passage of the ordinance making
such assessment final, provided that in the event any special assess-
ment shall be found to be invalid or insufficient in whole or in part for
any reason whatsoever, the said governing body may at any time, in
the manner provided for the making of an original assessment,
proceed to cause a new assessment to be made and fixed, which shall
have like force and effect as an original assessment.
Section 6.60. Assessments adjacent to county property. When-
ever the abutting land owners of any street of said city petition the
said governing body as herein set out, or said governing body pass the
resolution provided for in Section 6.50 for the improvement of any
street where the county is the owner of property on said street, and
the governing body of such county has assented to the proposed
improvement and has provided funds to pay in cash its proportionate
part of the cost of said improvement, the frontage so owned is to be
counted as if owned by an individual, for all the purposes of this
division, and the chairman of the board of commissioners of the
County of Appling is authorized to sign the aforesaid petition or file
objections in behalf of said County of Appling.
Section 6.61. Laws not repealed. This division shall not be
construed to repeal any special or local law or affect any proceedings
under such for the making of improvements hereby authorized, or for
the raising of funds therefor, but shall be deemed to be additional and
independent legislation for such purposes and to provide an alterna-
tive method of procedure for such purposes, and to be a complete act
not subject to any limitation or restriction contained in any other
public or private law or laws except as herein otherwise provided.
Section 6.62. Payment of cost by city. Where the municipality
desires to pay any portion of the cost of the improvements contem-
plated herein in addition to the amounts hereinbefore provided for,
the balance may be assessed against the abutting property or the
owners thereof or the owners of any railway therein as hereinbefore
provided for.
Section 6.63. Validation suit. After the assessments are finally
determined and fixed as hereinbefore provide for, suit may be insti-
tuted by the municipality in the Superior Court of Appling County
against the respective owners of the lots or parcels of land abutting
upon said improvement. In such suit said city shall allege the passage
GEORGIA LAWS 1982 SESSION
4777
and approval of the ordinance or ordinances, providing for the
improvement and the approximate estimate of the cost of said
improvement; and shall define and set forth the limits of the street or
streets to be improved. The prayer of the petition shall be that the
court find and determine the validity of said ordinance or ordinances,
and the question of whether or not the respective lots or parcels of
land abutting upon said improvement shall be charged with the lien
of said work in the manner provided in this division.
Service of process in such suit may be had upon the owners of said
lots or parcels of land abutting on said improvement or of said street
or railway running along said street by publication, once a week for
four weeks, in the paper in which the sheriffs advertisements for
Appling County are published, of a notice to that effect, directed to
the owners in general of the property abutting on said improvement
or of the railway running along the same, without naming such owners
individually, provided said notice defines the limits of said improve-
ment.
In such suit, the city shall have the right to offer evidence tending
to prove the validity of said ordinance and said proposed lien against
the respective lots and parcels of land sought to be charged with such
lien; and the respective owners of the lots and parcels of land abutting
upon said improvement shall have the right to introduce evidence
tending to show the invalidity or lack of legality of said ordinance, and
said proposed lien against the respective lots and parcels of land
owned by such respective defendant; and the court shall have the
right to determine the question of whether or not the said lots and
parcels of land owned by each defendant should be charged with such
lien.
The trial of such suit shall be in accordance with the Constitution
and the laws of the state, and the courts shall render judgment either
validating such ordinances and proposed lien against the lots and
parcels of land abutting upon said improvement or against such lots
and parcels of land abutting upon said improvement as the court may
find legally chargeable with the same; or the court may render
judgment that such ordinance or proposed lien is, in whole or in part,
invalid and illegal.
Any appeal or writ of error from such judgment must be taken
within ten days after the rendition of such judgment, or, if a motion
for a new trial be filed therein, then within ten days after such motion
may be overruled or otherwise disposed of.
4778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII
SCHOOLS
Section 7.1. Board of educationAppointment, powers, duties.
The mayor and council shall have the authority to establish a free
school system and to appoint a board of education, which shall consist
of five persons, residents of said place, who shall make such rules and
regulations necessary for the proper government of said free school
system; to fix the length of the school term, which shall not exceed ten
months in each year, the compensation which shall be paid to the
teacher, and the charges against nonresident pupils who attend said
school for tuition. They shall elect a principal and such assistants
necessary for the proper instruction of the pupils who may attend said
school and, with the consent of the council, to fix the rate of the salary
paid to them for services rendered to said school. The board of
education shall make such rules and regulations necessary for the
proper government of said free school, not inconsistent with the laws
of this state relative to the school system. The board of education
shall receive all donations of property, money, or other valuables, and
pay the same to the town (city) treasurer, who shall be the treasurer of
said board, and shall pay out on the order of said board of education
all funds which may be in his hands for the purpose of education; to
purchase such material or apparatus necessary for the proper equip-
ment of said free school.
Section 7.2. SameAppointment of two additional members.
Two additional members of the board of education hereby provided
for shall be appointed by the Governor for a term beginning with their
appointment and continuing until the next regular election of mem-
bers of the board of education by the mayor and council of the city
next after the regular election of a mayor and council of said city on
the second Wednesday in December, 1941, at which time a board of
education of five members shall be elected by the mayor and council
to serve and continue in office as at present, instead of a board of
three members.
Section 7.3. SameAuthority to erect buildings. The board of
education shall have the right to erect such buildings necessary and
equip them with such material necessary for the instruction of all
pupils within the school age who live in said corporate limits, and
keep in repair all buildings used for school purposes, or which may be
hereafter erected or purchased for such purpose.
GEORGIA LAWS 1982 SESSION
4779
Section 7.4. Referendum necessary. Before a free school system
be adopted by said city, the mayor shall order an election to be held in
said town (city) under the same laws governing elections in our state;
that all the qualified voters in said corporate limits shall have the
right to vote for or against the free school of said city. The mayor
shall advertise the same 30 days calling for an election, in which every
citizen legally qualified to vote shall have the right to vote for or
against the free school. The polls shall be opened and closed the same
as in the election of city officers, and it shall take a two-thirds vote of
all the votes cast in said election before the mayor and council shall
organize a free school system for said city; provided, there shall not be
another election held within six months for school purposes, if at the
holding of said election for school purposes, if it fails to receive the
necessary two-thirds vote, as required by law.
Section 7.5. FinanceTax levy. The mayor and council shall
have authority to levy and tax for school purposes on all property, real
and personal, not to exceed one-half of one percent, which share may
be used for school purposes, and shall be collected when the other
taxes of said place are collected by the town (city) tax collector.
Section 7.6. SamePayment by county. The county school
commissioner shall pay to the treasurer of said town (city) all money
due for educational purposes. He shall furnish the commissioner with
a list of all the pupils attending said free school, who are entitled to
the school fund, and shall receive the same from him, and pay the
same out on order of the board of education, with the consent of the
council, only for educational purposes.
Section 7.7. SameDirect payment of pro rata school fund by
state. The state school superintendent of education is authorized and
empowered to pay the pro rata of the state school fund for the city
direct to the clerk and treasurer of the city.
Part B. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend an act
4780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
providing for a new charter for the City of Baxley, approved August
21,1911 (GA. Laws 1911, p. 700 as amended).
S. W. Dunn
City Manager,
City of Baxley
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Lunsford Moody who, on oath,
deposes and says that he/she is Representative from the 138th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Baxley News Banner
which is the official organ of Appling County, on the following dates:
Jan. 21 & 28,1982 & Feb. 4,1982.
/s/ Lunsford Moody
Representative,
138th District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4781
CITY OF MACON CORPORATE LIMITS.
No. 1279 (House Bill No. 1898).
AN ACT
To amend an Act creating a new charter for the City of Macon in
the County of Bibb, approved March 23, 1977 (Ga. L. 1977, p. 3776),
as amended, so as to extend and increase the corporate limits of the
City of Macon; 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 Macon,
in the County of Bibb, approved March 23, 1977 (Ga. L. 1977, p.
3776), as amended, is amended by adding at the end of Section 1-105,
relating to boundaries and corporate limits of the City of Macon, Bibb
County, Georgia, a new subsection (c) to read as follows:
(c) The corporate limits of the city shall also include the
following described property:
TRACT ONE
All that certain tract or parcel of land lying and being in Land
Lot 111, Fourth District, Bibb County, Georgia, containing 23.0
acres, more or less, and being within the following boundaries lines
to-wit: Beginning at the northeast corner of the Mrs. W. F. Crute
property as shown on a plat recorded in Book 44, Page 35, Clerks
Office, Bibb Superior Court, said corner also being on the western
right-of-way line of Log Cabin Drive; then traveling South 6441
30 West a distance of 115.5 feet to a point; thence angling right
and traveling North 88 25 West a distance of 84.5 feet to a point;
thence angling left and traveling South 19 23 30 East a distance
of 175.0 feet, more or less, to the point of intersection of said line
and the northern right-of-way line of Eisenhower Parkway; thence
angling right and traveling along the northern right-of-way line a
distance of 733 feet, more or less, to the southeasterly corner of the
property shown on a plat prepared for Sandy Hills, Inc. by
Gordon-Dye Surveying Company, dated January 16,1968; thence
angling left and traveling South 02 03 East a distance of 751.3
feet, more or less, crossing Eisenhower Parkway to the point of
intersection of said line and the line dividing Land Lots 110 and
4782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
111; thence angling left and traveling in an easterly direction along
the line dividing Land Lots 110 and 111 a distance of 1,361 feet,
more or less, to the point of intersection of said line and the
westerly right-of-way line of Log Cabin Drive; thence angling left
and traveling in a northerly direction along the westerly right-of-
way line of Log Cabin Drive a distance of 1,182 feet, more or less,
crossing Eisenhower Parkway, to the point of beginning.
TRACT TWO
All that certain tract or parcel of land lying and being in Land
Lot 111, Fourth District, Bibb County, Georgia, containing 22.1
acres, more or less, and being within the following boundary lines
to-wit: Beginning at the point of intersection of the line dividing
Land Lots 111 and 112 and the westerly right-of-way line of Log
Cabin Drive; thence traveling in a southerly direction along the
westerly right-of-way line of Log Cabin Drive a distance of 1,467.4
feet, more or less, to the southeasterly corner of the Trucking
Equipment Company property as shown on a plat recorded in
Book 43, Page 5, Clerks Office, Bibb Superior Court; thence
angling right and traveling North 89 20 East a distance of 682.2
feet to a point; thence angling right and traveling in a northerly
direction a distance of 1,486.7 feet, more or less, to the point of
intersection of said line and the line dividing Land Lots 111 and
112; thence angling right and traveling in an easterly direction
along the line dividing Land Lots 111 and 112 a distance of 657.25
feet to the point of beginning.
TRACT THREE
All that certain tract or parcel of land lying and being in Land
Lot 72, Fourth District, Bibb County, Georgia containing 2.6
acres, more or less, and being within the following boundary lines
to-wit: Beginning at the point of intersection of the easterly right-
of-way line of Romeiser Drive and the northerly right-of-way line
of Eisenhower Parkway, thence traveling in a northerly direction
along the easterly right-of-way line of Romeiser Drive a distance
of 60 feet, more or less, to the southwesterly corner of the
Standard Oil Company property; thence angling right and travel-
ing in an easterly direction along the southerly boundary line of
the Standard Oil Company property a distance of 150 feet, more or
less, to the southeasterly corner of said property; thence angling
left and traveling in a northerly direction along the easterly
GEORGIA LAWS 1982 SESSION
4783
boundary line of the Standard Oil Company property a distance of
150 feet, more or less, to the northeasterly corner of said property;
thence angling left and traveling in a westerly direction along the
northerly boundary line of the Standard Oil Company property a
distance of 150 feet, more or less, to the point of intersection of
said line and the easterly right-of-way of Romeiser Drive; thence
angling right and traveling in a northerly direction along the
easterly right-of-way line of Romeiser Drive a distance of 290 feet,
more or less, to the point of intersection of said line and the
southerly right-of-way line of Raley Road; thence angling left and
traveling in a westerly direction along the southerly right-of-way
line of Raley Road a distance of 100 feet, more or less, to the point
of intersection of said line and the westerly right-of-way line of
Romeiser Drive; thence angling left and traveling in a southerly
direction along the westerly right-of-way line of Romeiser Drive a
distance of 289.2 feet, more or less, to the northeasterly corner of
the Shell Oil Company property; thence angling right and travel-
ing in a westerly direction along the northerly boundary line of the
Shell Oil Company property a distance of 200 feet, more or less, to
the northwesterly corner of said property; thence angling left and
traveling in a southerly direction along the westerly boundary line
of the Shell Oil Company property a distance of 200 feet, more or
less, to the point of intersection of said line and the northerly
right-of-way line of Eisenhower Parkway; thence angling left and
traveling in an easterly direction along the northerly right-of-way
line of Eisenhower Parkway a distance of 300 feet, more or less,
crossing Romeiser Drive, to the point of beginning.
TRACTFOUR
All of the 55 feet or right-of-way of Nesbit Drive easterly of
and adjacent to Lots 14, 15, 16, 17, 18 and 19, Section Five,
Londonderry Subdivision.
TRACT FIVE
All that certain tract or parcel of land lying and being in Land
Lot 347, Thirteenth District, Bibb County, Georgia containing
1.71 acres, more or less, and being within the following boundary
lines to-wit: Beginning at the point of intersection of the southerly
right-of-way line of Northside Drive, the line dividing Land Lots
347 and 358 and the southeasterly right-of-way line of the access
road to the City of Macon Recreation Complex; thence traveling
4784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
South 31 58 30 West along the southeasterly right-of-way line
of the access road a distance of 401.1 feet to a point; thence angling
left and traveling South 36 56 East a distance of 389.4 feet, more
or less, to the point of intersection of said line and the line dividing
Land Lots 347 and 358; thence angling left and traveling in a
northerly direction along the line dividing Land Lots 347 and 358
a distance of 651.8 feet, more or less, to the point of beginning.
TRACT SIX
All that certain tract or parcel of land lying and being in Land
Lot 348, Thirteenth District, Bibb County, Georgia as shown on a
plat recorded in Book 37, Page 18, Clerks Office, Bibb Superior
Court, containing 3.7 acres, more or less, and being within the
following boundary lines, to-wit: Beginning at a point on the line
dividing Land Lots 348 and 357 located 139.3 feet north of the
point of intersection of said line and the northerly right-of-way
line of Wimbish Road; thence traveling in a northerly direction
along the line dividing Land Lots 348 and 357 a distance of 481.5
feet to a point; thence angling left and traveling North 89 52
West a distance of 240.4 feet to a point on the westerly right-of-
way of a 60 foot street; thence angling left and traveling South 0
35 East along the westerly right-of-way of the 60 foot street to the
northeasterly corner of Parcel Z as shown on said plat; thence
angling right and traveling North 89 52 West a distance of 210
feet to a point; then angling left and traveling South 0 08 East a
distance of 210 feet to a point; then angling left and traveling
South 89 52 East a distance of 453.1 feet, more or less, crossing
the 60 foot street, to the point of beginning.
TRACT SEVEN
All of the width of the right-of-way of Eisenhower Parkway
(U.S. 80) from the present corporate limits of the City of Macon
near Log Cabin Drive and extending in a westerly direction 2,460
feet, more or less, to its intersection with the present corporate
limits of the City of Macon located near Macon Junior College.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4785
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that the City of Macon intends to apply for
local legislation to be enacted by the 1982 General Assembly so as to
amend the Charter of the City of Macon by amending the corporate
limits of the City of Macon so as to include certain parcels of land
adjacent to or located within the current boundaries of the City of
Macon.
A copy of the parcels to be annexed into the City of Macon are on
file in the City Clerks Office and are available for public inspection
during regular City of Macon business hours.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Billy Randall who, on oath, deposes
and says that he/she is Representative from the 101st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Macon News which is the official
organ of Bibb County, on the following dates: Jan. 12,22 & 29,1982.
/s/ William C. Randall
Representative,
101st District
Sworn to and subscribed before me,
this 15th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
4786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOUGLAS COUNTY BOARD OF EDUCATION
DISTRICTS, REFERENDUM.
No. 1281 (House Bill No. 1943).
AN ACT
To provide for election districts for election to the Board of
Education of Douglas County; to provide for other matters relative to
the foregoing; to provide for a referendum; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) For the purpose of electing members of the Board
of Education of Douglas County, the Douglas County school district
shall be divided into five education districts as follows:
District No. 1
Tract 803
Tract 804
That part of Block 110 within the City of
Douglasville
Tract 805.02
Block 116
Tract 806
Blocks 306 through 318 and 401 through 408
District No. 2
Tract 801
Tract 802
Block Groups 1 through 3
Blocks 401, 402, 404, 405, 408, and 409
District No. 3
Tract 802
Blocks 403, 406, and 407
Block Group 5
Tract 805.02
Blocks 114, 115, 117 through 126, 136, 201
through 204, 209 through 211, and 401
through 403
GEORGIA LAWS 1982 SESSION
4787
Tract 806
Block Groups 1 and 2
Blocks 301 through 305, 409, and 420
through 442
District No. 4
Tract 804
Blocks 101 through 109
That part of Block 110 outside the City of
Douglasville
Blocks 111 through 133
Block Groups 2 and 3
Tract 805.01
Blocks 101 through 112 and 125
Block Group 2
Tract 805.02
Blocks 101 through 113, 137, and 205 through
208
District No. 5
Tract 804
Block Groups 4 through 6
Tract 805.01
Blocks 113 through 118
Block Groups 3 through 6
Tract 805.02
Blocks 212 through 215
Block Group 3
Blocks 404 through 410
(b) For the purposes of this section:
(1) The terms Tract or Census Tract, Block Group,
and Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(2) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
4788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Any part of Douglas County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(c) The members of the Board of Education of Douglas County
on the effective date of this Act shall serve until the expiration of the
term of office for which they were elected and until their successors
are elected and qualified. Such members shall be deemed to represent
the education district provided for in subsection (a) which number
corresponds to the education district which they were elected to
represent. Thereafter members shall represent education districts as
provided in subsection (a).
Section 2. After the date of the approval of this Act by the
Governor, or after it otherwise becomes law, it shall be the duty of the
election superintendent of Douglas County to issue the call for an
election for the purpose of submitting this Act to the electors of
Douglas County for approval or rejection. The election superinten-
dent shall set the date of such election to coincide with the date of the
general primary election in 1982. The election superintendent shall
issue the call for such election at least 30 days prior to the date
thereof. The election superintendent shall cause the date and purpose
of the election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Douglas County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act providing for election
( ) NO districts for the election to the
Board of Education of Douglas
County be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
GEORGIA LAWS 1982 SESSION
4789
The expense of such election shall be borne by Douglas County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly a bill to provide for election districts
from which members of the Board of Education of Douglas County
shall be elected; to provide for other matters relative to the foregoing;
and for other purposes.
This the 4th day of February, 1982.
Thomas M. Kilgore
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas 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: Feb. 11,
18 & 25,1982.
/s/ Thomas M. Kilgore
Representative,
65th District
4790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
BUTTS COUNTY TERMS OF BOARD OF
COMMISSIONERS.
No. 1282 (House Bill No. 1945).
AN ACT
To amend an Act creating the board of commissioners of Butts
County, approved February 24, 1941 (Ga. L. 1941, p. 793), as
amended, particularly by an Act approved March 11, 1977 (Ga. L.
1977, p. 3065), so as to provide for staggered terms of members of the
board; to provide for all related matters; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Butts
County, approved February 24, 1941 (Ga. L. 1941, p. 793), as
amended, particularly by an Act approved March 11, 1977 (Ga. L.
1977, p. 3065), is amended by adding a new subsection (d) of Section 3
to read as follows:
(d) The member elected to Post 3 in 1984 shall serve for a term
of two years and until his successor is elected and qualified. A
member shall be elected to Post 3 in 1986 and quadrennially there-
after; and the terms of all such members shall be for four years and
until their successors are elected and qualified.
GEORGIA LAWS 1982 SESSION
4791
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating a Board of Commissioners Butts County, approved February
24, 1941 (Ga. Laws 1941, Page 793), as amended, so as to change
future terms of certain members of the Board, and for other purposes.
This 16th day of February, 1982.
Bill Jones
Representative,
District 78
Janice Horton
Senator,
District 18
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: Feb. 24,1982 & March
3 & 10,1982.
/s/ Bill Jones
Representative,
78th District
4792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
FORSYTH COUNTY PURCHASES BY
COUNTY AUTHORITIES.
No. 1283 (House Bill No. 1946).
AN ACT
To amend an Act creating a board of commissioners for Forsyth
County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as
amended, so as to change the dollar amount of purchases which can be
made without the necessity of receiving bids; 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 Forsyth
County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as
amended, is amended by striking the first paragraph of Section 14 of
said Act in its entirety and inserting in lieu thereof a new first
paragraph to read as follows:
The board of commissioners of roads and revenues of Forsyth
County is hereby designated as the purchasing agent for Forsyth
County. Before purchasing any material, supplies, or equipment in
excess of an estimated value of $2,000.00, the board shall be required
to receive bids and accept the purchase of the material, supplies, or
GEORGIA LAWS 1982 SESSION
4793
equipment of the lowest and best bidder. Provided, however, in the
event of the breakdown of equipment, repair parts therefor may be
purchased without the necessity of receiving bids.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating the Forsyth County-Board of Commissioners of Roads
and Revenues. Approved March 24,1965 (Ga. Laws 1965, p. 2419) as
amended so as to change the amount necessary for purchasing any
material, supplies or equipment to the lowest and best bidder.
This 12th day of February, 1982.
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 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 Monroe County Reporter which is
the official organ of Forsyth County, on the following dates: Feb. 24,
1982 & March 3 & 10,1982.
4794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Jerry D. Jackson
Representative,
9th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
EMANUEL COUNTY CLERK OF SUPERIOR
COURT PLACED ON SALARY BASIS.
No. 1284 (House Bill No. 1949).
AN ACT
To abolish the present mode of compensating the Clerk of the
Superior Court of Emanuel County, known as the fee system; to
provide in lieu thereof an annual salary and to provide for the
increase and decrease thereof; to provide that all fees, costs, or other
emoluments of said officer shall become the property of the county; to
provide for the collection of all such fees, costs, and emoluments; to
provide for periodic statements; to provide for the payment of the
operating expenses of said office; to provide for the employment of
necessary personnel by said officer; to provide for the compensation
for such personnel; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4795
Section 1. The present mode of compensating the Clerk of the
Superior Court of Emanuel County, known as the fee system, is
abolished and, in lieu thereof, an annual salary for such officer is
prescribed as hereinafter provided.
Section 2. The Clerk of the Superior Court shall receive an
annual salary of $25,000.00, payable in equal monthly installments
from county funds. This salary may be increased at any time during
the clerks term of office but such increase shall be at the sole
discretion of the Board of Commissioners of Emanuel County. This
salary may be decreased by the Board of Commissioners of Emanuel
County only upon the expiration of the clerks term of office, except
that decreases during the clerks term of office may be made if
approved by that clerk.
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,
except that state court fines and forfeitures shall be paid into the
county treasury on a quarterly basis, and superior court fines and
forfeitures shall be paid into the county treasury on an annual basis.
The quarterly and annual dates upon which fines and forfeitures of
the state and superior courts, respectively, shall be paid into the
county treasury shall be fixed by the Board of Commissioners of
Emanuel County. 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, except that this sworn
statement regarding fines and forfeitures of the state and superior
courts shall be made at the time these funds are paid into the county
treasury and shall cover those funds received during the immediately
preceding quarter or year, respectively. 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
4796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
county available for such purpose. The determination of such
requirements shall be at the sole discretion of the governing authority
of Emanuel 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. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
The public is hereby notified that there will be introduced in the
current session of the legislature of the State of Georgia a bill to
change the Office of the Clerk of the Superior Court of Emanuel
County from a fee system to a salaried office and for other purposes.
GEORGIA LAWS 1982 SESSION
4797
Emanuel County Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Randolph C. Karrh who, on oath,
deposes and says that he/she is Representative from the 106th
District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Blade which is the official
organ of Emanuel County, on the following dates: Feb. 24, 1982 &
March 3 & 10,1982.
/s/ Randolph C. Karrh
Representative,
106th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
4798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MANCHESTER CORPORATE LIMITS.
No. 1285 (House Bill No. 1950).
AN ACT
To amend an Act incorporating the City of Manchester, approved
August 16,1909 (Ga. L. 1909, p. 1071), as amended, particularly by an
Act approved March 21, 1974 (Ga. L. 1974, p. 2236), and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3564), so as to change the
corporate limits of the city; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Manchester,
approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended,
particularly by an Act approved March 21,1974 (Ga. L. 1974, p. 2236),
and an Act approved March 18, 1980 (Ga. L. 1980, p. 3564), is
amended by adding at the end of Section 3 the following:
Also, all that tract or parcel of land lying and being in Land Lot
235, 2nd (Gill) Land District, Meriwether County, Georgia, contain-
ing 17.158 acres as shown upon a plat of survey prepared by Robert A.
Moreland, Registered Surveyor #1891 dated July 12, 1980 and
recorded in Plat Book 9, Page 30, Meriwether County, Georgia
Records, said Plat of Survey is by reference incorporated herein and
made a part hereof to further supplement the following description to
wit: BEGINNING at an iron pin located at the point where the east
right of way of Georgia Highway 41 intersects the south Land Lot
Line of Land Lot 235, 2nd Land District of Meriwether County,
thence South 88 degrees 36 minutes 10 seconds East 868.40 feet;
thence North 1 degree 03 minutes 45 seconds East 814.20 feet; thence
South 80 degrees 24 minutes 12 seconds West 404.65 feet; thence
South 78 degrees 35 minutes 01 seconds West 866.43 feet to the east
right of way of State Highway 41; thence South 34 degrees 12 minutes
12 seconds East 292.28 feet (Arc. 292.31 feet); South 32 degrees 44
minutes 28 seconds East 371.17 feet to an iron pin, said iron pin being
a point of beginning. Said property being bounded, now or formerly
as follows: North by lands of Paul Bulloch and lands of Stanley
Bradshaw; East by lands of Marguerite Anderson; South by lands of
Eugene Brown, Inc. being the city limits of Manchester; West by right
of way of Georgia Highway 41.
GEORGIA LAWS 1982 SESSION
4799
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to amend an
Act incorporating the City of Manchester, approved August 16,1909,
(Ga. L. 1909, p. 1071), as amended; and for other purposes.
This 16th day of February, 1982.
Claude Bray, Jr.
Representative,
70th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Claude A. Bray, Jr. who, on oath,
deposes and says that he/she is Representative from the 70th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Talbotton New Era which is the
official organ of Talbot County, on the following dates: Feb. 25,1982
& March 4 & 11,1982.
/s/ Claude A. Bray, Jr.
Representative,
70th District
4800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to amend an
Act incorporating the City of Manchester, approved August 16,1909,
(Ga. L. 1909, p. 1071), as amended; and for other purposes.
This 16th day of February, 1982.
Claude Bray, Jr.
Representative,
70th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Claude A. Bray, Jr. who, on oath,
deposes and says that he/she is Representative from the 70th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Meriwether Vindictor, Greenville
which is the official organ of Meriwether County, on the following
dates: Feb. 26,1982 & March 5 & 12,1982.
/s/ Claude A. Bray, Jr.
Representative,
70th District
GEORGIA LAWS 1982 SESSION
4801
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CITY OF HEPHZIBAH NEW CHARTER.
No. 1286 (House Bill No. 1970).
AN ACT
To provide a new charter for the City of Hephzibah in the County
of Richmond; to provide for the incorporation, corporate limits, and
powers of such City; to provide for a governing body; to provide for
elections; to provide for a judicial body; to provide for municipal
administration and services; to provide for the financial and fiscal
affairs of the City; to provide general provisions; to provide for other
matters relative to the foregoing; to provide for penalties; to repeal
specific Acts; to provide for severability; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Incorporation. The City of Hephzibah in
Richmond County, Georgia, heretofore created as a town corporate by
authority of the General Assembly, shall continue as a body corporate
and politic under the name of the City of Hephzibah (hereinafter
also referred to as the city) and by that name shall have perpetual
succession, may contract and be contracted with, may sue and .
sued, plead and be impleaded, in all courts of law and equity, and in
all actions whatsoever.
4802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Corporate limits, (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 combination thereof,
to be retained permanently in the office of the City Clerk and to be
designated: Official Map (or Description) of the Corporate Limits of
the City of Hephzibah, Georgia. Photographic, typed, or other copies
of such map or description certified by the City Clerk may be
admitted as evidence in any court and shall have the same force and
effect as the original map or description.
(b) The Board of Commissioners for the City of Hephzibah may
provide for the redrawing of any such map, description, or combina-
tion thereof 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 3. 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. No specific mention or failure to mention 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.
(c) The corporate powers of this city 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
provide for the collection of license fees and taxes on privileges,
occupations, trades and professions; to license and regulate the
GEORGIA LAWS 1982 SESSION
4803
same; to provide for the manner and method of payment of such
licenses and taxes; and to revoke such licenses after due process
for failure to pay any city taxes or fees;
(4) Appropriations and Expenditures. To make appropriations
for the support of the government of the city, to authorize the
expenditure of money for any purposes authorized by this charter
and for any purpose for which a municipality is or may be
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 now
or in the future;
(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 any 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
4804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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;
(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 on city-
owned property, 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 any applicable public acts, as are or may be
enacted.
(13) Sidewalk Maintenance. To require real estate owners to
repair and maintain in a safe condition the sidewalks adjoining
their lots or lands; and to enact ordinances establishing the terms
and conditions under which such repairs and maintenance shall be
effected, including the penalties to be imposed for failure to do so;
(14) Building Regulation. To regulate the erection and 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 Board of Commissions for the City of
GEORGIA LAWS 1982 SESSION
4805
Hephzibah 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 drunkeness, riots, and public disturbances;
(17) Special Areas of Public Regulation. To regulate or
prohibit junk dealers; pawn shops; the manufacture, sale or trans-
portation of spirituous or fermented liquors in any quantity; 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 fortune telling, palmistry, adult bookstores, and mas-
sage 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
and to
to both fire prevention and detection and to tire ligntm
prescribe penalties and punishment for violation thereof,
4806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(22) 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;
(23) 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;
(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, 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;
(26) Nuisance. To define a nuisance and provide for its
abatement whether on public or private property;
(27) Municipal Property Protection. To provide for the
preservation and protection of property and equipment of the city
and the administration and use of same by the public, and to
prescribe penalties and punishment for violations thereof;
(28) Jail Sentences. To provide that persons given jail
sentences in the 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
GEORGIA LAWS 1982 SESSION
4807
work camp or jail by agreement with the appropriate county
officials;
(29) Animal Regulations. To regulate and license, or pro-
hibit the keeping or running at large of animals and fowl and to
provide for the impoundment of same, if in violation of any
ordinance or lawful order; also to provide for their disposition by
sale, gift, or humane destruction, when not redeemed as provided
by ordinance; to provide punishment for violation of ordinance
enacted hereunder;
(30) 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 pen-
sions 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 authorities, departments; boards, offices, commis-
sions and agencies of the city; to hire such employees as the Board
of Commissioners for the City of Hephzibah deems necessary for
the operation of its creations, and to provide reasonable compen-
sation for any such employees; and to confer upon such agencies or
persons the necessary and appropriate authority for carrying out
all the powers conferred upon or delegated to them;
4808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(36) Penalties. To provide penalties for violations of any
ordinance adopted pursuant to the authority of this charter and
the laws of the State of Georgia;
(37) Police and Fire Protection. To exercise the power of
arrest through duly appointed policemen and to organize and
operate a fire fighting agency;
(38) Emergencies. To establish procedures for determining
and proclaiming that an emergency situation exists 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; in case of extraordinary emergency, the Board of Commis-
sioners for the City of Hephzibah shall have power and authority
to increase the tax rate one-half of 1 per cent ad valorem, but not
more than once during any twelve-month period;
(39) Urban redevelopment. To organize and operate an
urban redevelopment program;
(40) Planning and Zoning. To pass and enforce zoning laws
or districts, and planning laws; to regulate the use for which said
zones or districts may be set apart, fixed, and established;
(41) Public Transportation. To organize and operate such
public transportation systems as are deemed beneficial;
(42) City Manager. To appoint a qualified voter of said city
to manage its financial and other affairs under the supervision of
the Board of Commissioners for the City of Hephzibah, should it
deem same necessary, and the compensation paid for such service,
if any, shall be determined by said Board of Commissioners for the
City of Hephzibah;
(43) 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 and to provide for the
enforcement of such standards;
(44) Other Powers. To exercise and enjoy all other powers,
functions, rights, privileges and immunities necessary or desirable
GEORGIA LAWS 1982 SESSION
4809
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 for the good
government and order of said town, and for regulating the
common affairs of the same 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.
Section 4. Board of Commissioners for the City of
Hephzibah. (a) All powers of government in the City of Hephzibah,
except as otherwise specifically provided in this charter, shall be
vested in the Board of Commissioners for the City of Hephzibah, to be
composed of five persons elected or appointed as provided in this
charter.
(b) Said commissioners, or a majority of them, shall have
power to appoint a clerk, marshal and such other officers as they may
deem necessary to carry into effect all ordinances, rules, bylaws and
regulations which they may adopt under this Act.
Section 5. Terms; Qualifications for Office; Oath, (a)
Each member of the Board of Commissioners for the City of
Hephzibah shall serve for a term of three years and until his or her
successor is elected and qualified and has taken the oath provided for
in this section.
(b) No person shall be eligible to serve as commissioner unless he
or she shall have been a resident of the city immediately prior to the
date of the election. Each commissioner shall continue to reside
therein during the period of service and shall be registered and
qualified to vote in municipal elections of the City of Hephzibah.
(c) Those five persons serving as Commissioners at the time of
approval of this charter shall continue to serve until their respective
terms have expired and their successors have been elected and
qualified and sworn, so that the terms shall be staggered: two terms
ending in each of two years and one term ending in the next successive
year, such that a continuing body is created.
(d) A term shall begin on the first day of January following a
Commissioners election, or as soon thereafter as practicable, with the
4810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
administration of the following oath by the city clerk, or in the clerks
absence, by another person designated by the Board of Commis-
sioners for the City of Hephzibah:
...I do solemnly swear that I will faithfully perform the duties of
Commissioner of the City of Hephzibah 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 6. Vacancies, (a) Vacancies. The office of Commis-
sioner 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. In case of any vacancy in the Board of
Commissioners for the City of Hephzibah, a majority of the original
number elected at the last election shall have power to fill said
vacancy by appointment until the next regular election; but if more
than two vacancies shall occur in any twelve-month period, then a
special election shall be held according to the laws of the State of
Georgia to fill the vacancies, and those persons elected shall hold for
the balance of the unexpired terms.
Section 7. Compensation and Expenses. The Board of
Commissioners for the City of Hephzibah may receive compensation
for their services in an amount set by ordinance. The commissioners
shall be entitled to receive their actual and necessary expenses
incurred in the performance of their duties of office.
Section 8. Holding Other Office; Voting When Person-
ally Interested, (a) Except as authorized by general state law, no
commissioner shall hold any other city office or city employment
during the term for which he or she was elected.
(b) No commissioner shall vote upon or sign or veto any question
in which he or she is personally interested.
(c) Penalties for Violation.
(1) Any commissioner who knowingly conceals such per-
sonal interest or knowingly violates any of the requirements of this
section shall be guilty of malfeasance in office and shall be deemed
to have forfeited the office.
GEORGIA LAWS 1982 SESSION
4811
(2) Any commissioner who shall forfeit the office as
described in this section shall be ineligible for appointment or
election to a position in the city government for a period of three
years thereafter.
Section 9. Inquiries and Investigations. The Board of
Commissioners for the City of Hephzibah may make inquiries and
investigations into the affairs of the city and the conduct of any
department, officer or agency thereof and for this purpose may
subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a
lawful order issued in the exercise of these powers by the Board of
Commissioners for the City of Hephzibah shall be punished as
provided by ordinance.
Section 10. Regular and Special Meetings, (a) The Board
of Commissioners for the City of Hephzibah shall hold regular
meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the Board of Commissioners for the City
of Hephzibah may be held on call of any commissioner. Notice of
such special meetings shall be served on all other commissioners
personally, or by telephone personally, at least 48 hours in advance of
the meeting. Such notice to commissioners shall not be required if all
commissioners are present when the special meeting is called. Such
notice of any special meeting may be waived by a commissioner 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 commissioners presence. Only the business stated in the call
may be transacted at the special meeting.
(c) All meetings of the Board of Commissioners for the City of
Hephzibah 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 two days prior to such meetings.
Section 11. Rules of Procedure. The Board of Commis-
sioners for the City of Hephzibah 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.
4812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 12. Quorum; Voting. Four Commissioners shall
constitute a quorum and shall be authorized to transact business of
the Board of Commissioners for the City of Hephzibah. 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 commissioner shall have
the right to request a roll call vote. The affirmative vote of a majority
of the commissioners present shall be required for the adoption of any
ordinance, resolution, or motion except as otherwise provided in this
charter.
Section 13. Ordinance Form; Procedure, (a) Every pro-
posed ordinance shall be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject
which is not expressed in its title. The enacting clause shall be The
Board of Commissioners for the City of Hephzibah hereby ordains. .
. and every ordinance shall so begin.
(b) An ordinance may be introduced by any commissioner and
read at a regular or special meeting of the Board of Commissioners for
the City of Hephzibah. Ordinances shall be considered and adopted
or rejected by the Board of Commissioners for the City of Hephzibah
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 as provided in this
charter. Upon introduction of any ordinance, the clerk shall as soon
as possible distribute a copy of each commissioner and shall file a
reasonable number of copies in the office of the clerk and at such
other public places as the Board of Commissioners for the City of
Hephzibah may designate.
Section 14. Action Requiring an Ordinance. In addition to
other acts required by general state law or by specific provisions of
this charter to be done by ordinance, acts of the Board of Commis-
sioners for the City of Hephzibah which have the force and effect of
law shall be done by ordinance.
Section 15. Emergencies. To meet a public emergency
affecting life, health, property or public peace, the Board of Commis-
sioners for the City of Hephzibah may convene on call of any
commissioner and promptly adopt an emergency ordinance, but such
ordinance may not levy taxes, except as provided in Section 3(c)(38)
of this charter, grant, renew or extend a franchise, regulate the rate
charged by any public utility for its services, or authorize the borrow-
GEORGIA LAWS 1982 SESSION
4813
ing 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 intro-
duced, but the affirmative vote of at least four commissioners 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 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 16. Codes of Technical Regulations, (a) The
Board of Commissioners for the City of Hephzibah may adopt any
standard code of technical regulations by reference thereto in an
adopting ordinance. The procedure and requirements governing such
adopting ordinance shall be as prescribed for ordinances generally
except that (1) the requirements for distribution and filing of copies
of the ordinance shall be construed to include copies of any code of
technical regulations, as well as the adopting ordinance; and (2) a
copy of each adopted code of technical regulations, as well as the
adopting ordinance, shall be authenticated and recorded by the clerk.
(b) Copies of any adopted code of technical regulations shall be
made available by the clerk for distribution or for purchase at a
reasonable price.
Section 17. Signing; Authenticating; Recording; Codifi-
cation; Printing, (a) The clerk shall authenticate by his or her
signature and record in full in a properly indexed book kept for the
purpose all ordinances adopted by the Board of Commissioners for
the City of Hephzibah.
(b) The Board of Commissioners for the City of Hephzibah shall
provide for the preparation of a general codification of all of the
ordinances of the city having the force and effect of law. The general
codification shall be adopted by the Board of Commissioners for the
City of Hephzibah by ordinance and shall be published promptly,
4814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
together with all amendments thereto and such codes of technical
regulations and other rules and regulations as the Board of Commis-
sioners for the City of Hephzibah may specify. This compilation shall
be known and cited officially as The Code of the City of Hephzibah,
Georgia. Copies of the code shall be furnished to all officers,
departments and agencies of the city, and made available for pur-
chase by the public at a reasonable price as fixed by the Board of
Commissioners for the City of Hephzibah.
(c) The Board of Commissioners for the City of Hephzibah shall
cause each ordinance and each amendment to this charter to be
printed promptly following its adoption, and the printed ordinances
and charter amendments shall be made available for purchase by the
public at reasonable prices to be fixed by the Board of Commissioners
for the City of Hephzibah. 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 Board of Commissioners for the City of
Hephzibah shall make such further arrangements as deemed desir-
able 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 18. Elections, (a) Except as otherwise provided by
this charter, the election of all officials of the City of Hephzibah,
where provision is made for the election thereof, shall be held and
conducted in accordance with provisions of the Georgia Municipal
Election Code, as now or hereafter amended, and by ordinance, rules,
or regulations which may be prescribed by the Board of Commis-
sioners for the City of Hephzibah.
(b) On the first Saturday in November of each year, there shall
be an election for the positions held by those commissioners who are
then in the third year of their terms.
(c) 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.
(d) Election by Plurality. The person receiving a plurality of the
votes cast for any city office shall be elected.
GEORGIA LAWS 1982 SESSION
4815
Section 19. Grounds for Removal, (a) The commissioners
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 violation of any express prohibition of this
chapter;
(5) abandonment of office or neglect to perform the duties
thereof; or
(6) failure for any other cause to perform the duties of office
as required by this charter or by state law.
(b) Procedure for Removal. Removal of a commissioner
may be accomplished by one of the following methods:
(1) By the vote of four commissioners after an investigative
hearing. Such commissioner 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 commissioner sought to be removed from office as
herein provided shall have the right to appeal from the decision of
the Board of Commissioners for the City of Hephzibah to the
Superior Court of Richmond County. Such appeal shall be
governed by the same rules as govern appeals to the superior court
from the probate court.
(2) By information filed in the Superior court of Richmond
County as provided by state law.
Section 20. Municipal Court of the City of Hephzibah. (a)
There shall be established the Municipal Court of the City of
Hephzibah, which shall have exclusive jurisdiction to try and punish
any violation of the ordinances of the City of Hephzibah. The
Municipal Court is specifically vested with all of the jurisdiction and
powers throughout the entire area of this city granted by general state
4816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
laws to mayors, recorders and police courts, and particularly by such
laws as authorize the abatement of nuisances and prosecution of
traffic violations.
(b) The Municipal Court shall have authority to punish those in
its presence for contempt, provided that such punishment shall not
exceed $500.00 or 30 days in jail.
(c) The Municipal Court may fix punishment for offenses within
its jurisdiction not exceeding a fine of $999.00 or imprisonment for 90
days 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 the courts for violations of state law.
(e) The Municipal Court shall have the authority to establish
bonds, returnable to the Municipal Court, and recognizances to
insure the presence of those charged with violations before the
Municipal Court, and shall have discretionary authority to accept
cash or personal or real property as surety for the appearance of
person charged with violations. Whenever any person shall give bail
for his or her appearance and shall fail to appear at the time fixed for
trial, the bond shall be forfeited by the judge presiding at such time,
and an execution issued thereon by serving the defendant and the
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 placed fixed for trial, the
cash so deposited on order of the judge shall be declared forfeited to
the City of Hephzibah, 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 prison-
ers over to the appropriate court when it appears by probable cause
that a state law has been violated or when a defendant makes an
election authorized by the law of the State of Georgia to be tried in a
state court rather than in the Municipal Court.
GEORGIA LAWS 1982 SESSION
4817
(g) 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 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 as executed
by any officer as authorized by this charter or by general state law.
(i) The Municipal Court shall have the authority to perform all
other acts necessary or proper to the conduct of the court.
Section 21. Chief Judge, Associate Judge, (a) The
Municipal Court shall be presided over by a chief judge and such part
time, full time, or stand-by associate judges as may be provided by
ordinance, all to be appointed by the Board of Commissioners for the
City of Hephzibah.
(b) Compensation of the judges may be fixed by ordinance.
(c) Judges may be removed for cause by a vote of four members
of the Board of Commissioners for the City of Hephzibah.
(d) Before entering on duties of the office, each judge shall take
an oath given by a commissioner that he or she will discharge honestly
and faithfully the duties of the office to the best of his or her ability
without fear, favor, or partiality. The oath shall be entered upon the
minutes of the journal.
Section 22. Convening. The Municipal Court shall be con-
vened at regular intervals as designated by ordinance.
Section 23. Rules of Court. With the approval of the Board of
Commissioners for the City of Hephzibah, 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 Board of Com-
missioners for the City of Hephzibah 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
4818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
defendants in Municipal Court proceedings at least 48 hours prior to
said proceedings.
Section 24. Appeal. The right of appeal and any bond as may
be required to secure the costs on appeal to the Superior Court of
Richmond County or any other court designated by the General
Assembly 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 an appeal within ten days of the date of conviction shall be
deemed to have waived any such right. An appeal shall be a de novo
proceeding.
Section 25. Administrative and Service Departments.
(a) Except as otherwise provided in this charter, the Board of
Commissioners for the City of Hephzibah, by ordinance, may pre-
scribe the functions or duties and establish, abolish, or alter all non-
elective 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 the
city shall be appointed solely on the basis of their respective adminis-
trative and professional qualifications.
(c) All appointive officers and directors of departments shall
receive such compensation set in the discretion of the Board of
Commissioners for the City of Hephzibah.
(d) There shall be a director of each department or agency who
shall be its principal officer. Each director shall, subject to the
direction and supervision of the city manager, be responsible for the
administration and direction of the affairs and operations of the
department or agency.
Section 26. Board, Commissions and Authorities, (a)
The Board of Commissioners for the City of Hephzibah shall create
by ordinance such boards, commissions and authorities to fulfill any
investigative, quasijudicial or quasilegislative function the Board of
Commissioners for the City of Hephzibah deems necessary and shall
by ordinance establish the composition, period of existence, duties
and powers thereof.
GEORGIA LAWS 1982 SESSION
4819
(b) All members of boards, commissions and authorities of the
city shall be appointed by the Board of Commissioners for the City of
Hephzibah 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 Board of Commissioners for the City of Hephzibah, by
ordinance, may provide for the compensation and reimbursement for
actual and necessary expenses of the members of any board, commis-
sion, or authority.
(d) No member of any board, commission or authority shall hold
any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city
shall be filled for the unexpired term in the manner prescribed herein
for original appointment, except as otherwise provided by this charter
or general state law.
(f) No member of a board, commission or authority shall assume
office until he or she has executed and filed with the clerk of the city
an oath to faithfully and impartially perform the duties of the office,
such oath to be prescribed by ordinance and administered by a
commissioner.
(g) Any member of a board, commission or authority may be
removed from office for cause by a vote of four members of the Board
of Commissioners for the City of Hephzibah.
(h) Except as otherwise provided by this charter or by general
state law, each board, commission or authority of the city shall elect
one of its members as chairman and one member as vice-chairman
and may elect as its secretary one of its own members or may appoint
as secretary an employee of the city. Each board, commission, or
authority of the city government may establish such bylaws, rules and
regulations, not inconsistent with this charter, ordinances of the city,
or general state law, as it deems appropriate and necessary for the
fulfillment of its duties or the conduct of its affairs, copies of which
shall be filed with the clerk of the city.
Section 27. Position Classification and Pay Plans. The
city manager shall be responsible for the preparation of a position
4820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
classification and pay plan which shall be submitted to the Board of
Commissioners for the City of Hephzibah for approval. Said plans
may apply to all employees of the city and any of its agencies,
departments, boards, commissions or authorities. When a pay plan
has been adopted, the Board of Commissioners for the City of
Hephzibah shall not increase or decrease the salaries of individual
employees except by amendments of said pay plan. For purposes of
this section, all elected and appointed city officials are not city
employees.
Section 28. Personnel Policies. The Board of Commis-
sioners for the City of Hephzibah shall 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; (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.
Section 29. Property Tax. The Board of Commissioners for
the City of Hephzibah 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 as of
January 1 of each year. 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 Board of Commissioners for the City of Hephzibah in its
discretion.
Section 30. Millage Rate, Due Dates, Payment Methods.
The Board of Commissioners for the City of Hephzibah, by ordi-
nance, 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 Board
of Commissioners for the City of Hephzibah, 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.
GEORGIA LAWS 1982 SESSION
4821
Section 31. Occupation and Business Taxes. The Board of
Commissioners for the City of Hephzibah 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 Board of Commissioners for the City of Hephzibah 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 37.
Section 32. Licenses, Permits, Fees. The Board of Commis-
sioners for the City of Hephzibah by ordinance shall have the power
to require any individuals or corporations who transact business in
this city or who practice or offer to practice any profession or calling
therein to obtain a license or permit for such activity from the city
and pay a reasonable fee for such license or permit where such
activities are not now regulated by general state law in such a way as
to preclude city regulation. Such fees may reflect the total cost to the
city of regulating the activity and if unpaid shall be collected as
provided in Section 37. The Board of Commissioners by ordinance
may establish reasonable requirements for obtaining or keeping such
licenses as the public health, safety, and welfare necessitates.
Section 33. Franchises. The Board of Commissioners for the
City of Hephzibah 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 companies and other similar organiza-
tions. The Board of Commissioners of the City of Hephzibah shall
determine the duration, provisions, terms, whether the same shall be
exclusive or non-exclusive, and the consideration for such franchises;
provided, however, no franchise shall be granted for a period in excess
of 35 years and no franchise shall be granted unless the city receives
just and adequate compensation therefor. The Board of Commis-
sioners for the City of Hephzibah shall provide for the registration of
all franchises with the city clerk in a registration book to be kept by
him. The Board of Commissioners for the City of Hephzibah may
provide by ordinance for the registration within a reasonable time of
all franchises previously granted.
4822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 34. Service Charges. The Board of Commissioners
for the City of Hephzibah by ordinance shall have the power to assess
and collect fees, charges, and tolls for sewer, sanitary, health services,
or any other services rendered within and without the corporate
limits of the city for the total cost to the city of providing such
services. If unpaid, such charges shall be collected as provided in
Section 37.
Section 35. Special Assessments. The Board of Commis-
sioners for the City of Hephzibah by ordinance shall have the power
to assess and collect the cost of constructing, reconstructing, widening
or improving any public way, street, sidewalk, curbing, gutters,
sewers, or other utility mains and appurtenances under such terms
and conditions as are reasonable. If unpaid, such charges shall be
collected as provided in Section 37.
Section 36. 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 37. Collection of Delinquent Taxes and Fees, (a)
The Board of Commissioners for the City of Hephzibah by ordinance
may provide generally for the collection of delinquent taxes, fees, or
other revenue due the city under sections 29 through 36 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 of
liens against all property upon which taxes or fees 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; making delinquent taxes and fees personal
debts of the persons required to pay the taxes or fees imposed; and
revoking city licenses for failure to pay any city taxes or fees. In cases
of hardship, the Board of Commissioners for the City of Hephzibah
shall have discretionary authority to waive any and all penalties
imposed by this charter on delinquent taxes, fees, assessments or on
other amounts due to the city.
(b) Transfer of Execution. The Board of Commissioners for the
City of Hephzibah may assign or transfer any fi.fa. or execution issued
for any tax, fee, or for any street, sewer or other assessment in the
GEORGIA LAWS 1982 SESSION
4823
same manner and to the same extent as provided by Georgia law
governing sales and transfers of tax fi.fa.s. Such transfer or assign-
ment, 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.fa.s: provided, however, that upon levy of execu-
tion and sale of property pursuant to such fi.fa.s, whether assigned,
transferred or executed by the city, the owner of such property in fee
simple or lesser interest shall not lose the right to redeem the property
in accordance with the requirements of redemption of property sold
under State or county ad valorem tax fi.fa.s., as said requirements
now exist or as may be hereinafter provided by law.
Section 38. Fiscal Year. The Board of Commissioners for the
City of Hephzibah 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 39. Preparation of Budgets. The Board of Commis-
sioners for the City of Hephzibah may provide by ordinance for
procedures and requirements for the preparation and execution of an
annual operating budget and a capital improvement program and a
capital budget including requirements as to the scope, content and
form of such budgets and programs.
Section 40. Submission of Budget to Board of Commis-
sioners for the City of Hephzibah. On or before a date fixed by
the Board of Commissioners for the City of Hephzibah but not later
than sixty days prior to the beginning of each fiscal year, the city
manager shall submit to the Board of Commissioners for the City of
Hephzibah a proposed operating budget for the ensuing fiscal year.
The budget may be accompanied by a message from the city manager
containing a statement of the general fiscal policies of the city, the
important features of the budget, explanations of major changes
recommended for the next fiscal year, a general summary of the
budget and such other comments and information as deemed perti-
nent. The operating budget and the capital improvements budget
hereinafter provided for, the budget message, and all supporting
documents shall be filed in the office of the city clerk and shall be
open to public inspection.
4824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 41. Action by Board of Commissioners for the
City of Hephzibah on Budget, (a) The Board of Commissioners
for the City of Hephzibah may amend the operating budget proposed
by the city manager; except, that the budget as finally amended and
adopted must provide for all expenditures required by state law or by
other provisions of this charter and for all debt service requirements
for the ensuing fiscal year and the total appropriations from any fund
shall not exceed the estimated fund balance, reserves and revenues.
(b) The Board of Commissioners for the City of Hephzibah shall
adopt the final operating budget for the ensuing fiscal year not later
than the last day of each fiscal year. If the Board of Commissioners
for the City of Hephzibah 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. Such adoption shall
take the form of an appropriations ordinance setting out the esti-
mated revenues in detail by sources and making appropriations
according to fund and by organizational unit, purpose or activity as
set out in the budget preparation ordinance.
(c) The amount set out in the adopted operating budget for each
organizational unit shall constitute the annual appropriation for
such, and no expenditure shall be made or encumbrance created in
excess of the otherwise unencumbered balance of the appropriations,
or allotment thereof, to which it is chargeable.
Section 42. Tax Levies. As the next order of business
following adoption of the operating budget, the Board of Commis-
sioners for the City of Hephzibah 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 appropri-
ated 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 43. Changes in Appropriations. The Board of
Commissioners for the City of Hephzibah by ordinance may make
changes in the appropriations contained in the current operating
budget, at any regular meeting, special or emergency meeting called
for such purpose, but any additional appropriations may be made
only from an existing unappropriated surplus in the fund to which it
applies or on a revised estimate of revenue.
GEORGIA LAWS 1982 SESSION
4825
Section 44. Capital Improvements Budget, (a) On or
before the date fixed by the Board of Commissioners for the City of
Hephzibah but not later than sixty days prior to the beginning of each
fiscal year, the city manager shall submit to the Board of Commis-
sioners for the City of Hephzibah a proposed capital improvements
budget with recommendations as to the means of financing the
improvements proposed for the ensuing fiscal year. The Board of
Commissioners for the City of Hephzibah shall have power to accept,
with or without amendments, or reject the proposed program and
proposed means of financing. The Board of Commissioners for the
City of Hephzibah shall not authorize an expenditure for the con-
struction of any building, structure, work or improvement, unless the
appropriations for such project are included in the capital improve-
ments budget, except to meet a public emergency.
(b) The Board of Commissioners for the City of Hephzibah shall
adopt by ordinance the final capital improvements budget for the
ensuing fiscal year not later than the last day of each fiscal year. No
appropriation provided for in a prior capital improvements budget
shall lapse until the purpose for which the appropriation was made
shall have been accomplished or abandoned; provided the city man-
ager may submit amendments to the capital improvements budget at
any time during the fiscal year, accompanied by recommendations.
Any such amendments to the capital improvements budget shall
become effective only upon adoption by ordinance.
Section 45. Independent Audit. There shall be an annual
independent audit of all city accounts, funds and financial trans-
actions by a certified public accountant selected by the Board of
Commissioners for the City of Hephzibah. The audit shall be
conducted according to generally accepted accounting principles.
Any audit of any funds by the state or federal governments may be
accepted as satisfying the requirements of this charter. Copies of all
audit reports shall be available at printing cost to the public.
Section 46. Contracting Procedures. All contracts shall be
made or authorized by the Board of Commissioners for the City of
Hephzibah and no contracts shall bind the city unless reduced to
writing and approved by the Board of Commissioners for the City of
Hephzibah.
Section 47. Sale of City Property, (a) The Board of
Commissioners for the City of Hephzibah may sell and convey any
4826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
real or personal property owned or held by the city for governmental
or other purposes as provided by general state law as now or hereafter
amended.
(b) The Board of Commissioners for the City of Hephzibah, may
quitclaim any rights it may have in property not needed for public
purposes upon report by the city manager and adoption of a resolu-
tion, both finding that the property is not needed for public or other
purposes and 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 Board of Commissioners for the City of
Hephzibah may authorize the city manager to execute and deliver in
the name of the city a deed conveying said cut off or separated parcel
or tract of land to an abutting or adjoining property owner or owners
in exchange for rights of way of said street, avenue, alley or public
place 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 48. Eminent Domain. The Board of Commissioners
for the City of Hephzibah 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, air-
ports, hospitals, and charitable, educational, recreational, sport, cur-
ative, 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 general law relative to condemnation of
property, subject to such amendments as shall be enacted, or any
other Georgia law applicable now or provided in the future.
Section 49. 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 Board of Commissioners for the City of
Hephzibah.
GEORGIA LAWS 1982 SESSION
4827
Section 50. 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 Board of Commis-
sioners for the City of Hephzibah.
Section 51. Penalties. The violation of any provisions of this
charter, for which penalty is not specifically provided for herein, is
hereby declared to be punishable as provided by general law of the
State of Georgia.
Section 52. 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 53. Specific Repealer. This Act shall constitute the
entire charter of the City of Hephzibah, repealing and replacing the
charter approved October 24,1870 (Ga. L. 1870, p. 204), as amended,
particularly by the following Acts, as well as any other charters or
amendments or other Acts, and the same are hereby repealed: Ga. L.
1872, p. 209; Ga. L. 1886, p. 254; Ga. L. 1887, p. 856; Ga. L. 1925, p.
1090; Ga. L. 1950, p. 2140; and Ga. L. 1951, p. 2853.
Section 54. Repealer. All laws and parts of laws in conflict
with this Act be, and the same are hereby repealed.
Notice.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to provide a
new charter for the City of Hephzibah and the County of Richmond;
to provide for a governing body; to provide for municipal administra-
tion and services; to provide for the financial and fiscal affairs of the
City; to provide general provisions; to provide for other matters
4828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relative to the foregoing; to provide for penalties; to repeal specific
Acts; to provide for severability; to repeal conflicting laws; and for
other purposes.
This 9th day of February, 1982.
Chris G. Nicholson
City Attorney
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: Feb. 13, 20 & 27,
1982.
/s/ Sam G. Nicholson
Representative,
88th District
Sworn to and subscribed before me,
this 16th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4829
FULTON COUNTY PENSION SYSTEM ACT
AMENDED.
No. 1308 (House Bill No. 1303).
AN ACT
To amend an Act authorizing the Board of Commissioners of
Fulton County to establish rules and regulations governing the pay-
ment of pensions to county employees of said county, approved
March 3, 1939 (Ga. L. 1939, p. 571), as amended, particularly by an
Act approved February 17,1949 (Ga. L. 1949, p. 850), so as to provide
that individuals employed by the Fulton County Department of
Family and Children Services after a certain date shall not be
authorized to participate in the pension fund established by said Act;
to authorize individuals who were employed prior to the effective date
of this Act to continue to participate in the pension fund established
by said Act; to describe the procedure in connection therewith; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the Board of Commissioners of
Fulton County to establish rules and regulations governing the pay-
ment of pensions to county employees of said county, approved
March 3, 1939 (Ga. L. 1939, p. 571), as amended, particularly by an
Act approved February 17, 1949 (Ga. L. 1949, p. 850), is further
amended by inserting following Section 34 thereof, as added by said
amendatory Act of 1949, a new section, which shall be known as
Section 34(a), to read as follows:
Section 34(a). Notwithstanding any other provision of this Act,
as amended, no person who is employed by the Fulton County
Department of Family and Children Services (formerly the County
Welfare Department of Fulton County) after the effective date of this
section shall be permitted to participate in the pension fund estab-
lished by this Act, or any other pension fund established for the
benefit of employees of Fulton 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.
4830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply to the January, 1982,
session of the General Assembly of Georgia for local legislation to
amend the Act approved March 3, 1939, (Ga. L. 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.
This 22nd day of December, 1981.
John Tye Ferguson
Associate County
Attorney,
Fulton County
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: Dec. 23,
30,1981 & Jan. 6,1982.
/s/ John W. Greer
Representative,
43rd District
GEORGIA LAWS 1982 SESSION
4831
Sworn to and subscribed before me,
this 19th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CORONERS COMPENSATION IN CERTAIN
COUNTIES (55,110 - 58,000)
(66,000 - 74,000).
No. 1310 (House Bill No. 1823).
AN ACT
To amend an Act changing the compensation of the coroner in
certain counties of this state, approved March 29, 1973 (Ga. L. 1973,
p. 2524), as amended, so as to change the population brackets from
not less than 55,110 and not more than 58,000 according to the
United States decennial census of 1970 to not less than 66,000 and
not more than 74,000 according to the 1980 United States decennial
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 changing the compensation of the coroner in
certain counties of this state, approved March 29, 1973 (Ga. L. 1973,
p. 2524), as amended, is amended by striking Section 1 in its entirety
and inserting in lieu thereof a new Section 1 to read as follows:
Section 1. The coroners of all counties of this State having a
population of not less than 66,000 and not more than 74,000 according
4832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the 1980 United States decennial census or any future such census
shall receive an annual salary of thirty-six hundred ($3,600.00) dollars
to be paid in equal monthly installments from the funds of such
counties. Said salary shall be in lieu of all fees or other emoluments or
compensation.
Section 2. This Act shall become effective July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
BULLOCH COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1311 (House Bill No. 1826).
AN ACT
To amend an Act creating the Small Claims Court of Bulloch
County, approved March 13, 1978 (Ga. L. 1978, p. 3161), so as to
change provisions relating to the jurisdiction of the court and the
compensation of the judge; 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 Bulloch
County, approved March 13, 1978 (Ga. L. 1978, p. 3161), is amended
by replacing Section 1 with a new Section 1 to read as follows:
Section 1. There is hereby created and established a Small
Claims Court in and for Bulloch 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
GEORGIA LAWS 1982 SESSION
4833
hereafter established in said county. Said jurisdiction shall include
the power to issue writs of garnishment and attachment and, in
addition to the powers herein specifically granted, all the powers
granted to justices of the peace by the laws of the State of Georgia.
Section 2. Said Act is further amended by adding a new Section
5.1 to read as follows:
Section 5.1. If any court of competent jurisdiction prohibits the
fee system of compensating the judge, the county governing authority
shall from time to time fix the salary of the judge and clerk. The total
amount of salaries shall not exceed the total amount of fees collected
by the court in the last full calendar year prior to such prohibition;
and in such event all fees collected by the court shall be paid into the
general fund of the county treasury. Any such salaries shall be paid
from general county funds.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia, a bill to amend an
Act creating the Small Claims Court of Bulloch County, approved
March 13,1978 (Ga. Laws 1978, p. 3161); and for other purposes.
This 29th day of January, 1982.
John F. Godbee
Representative,
82nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Godbee who, on oath, deposes
4834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he/she is Representative from the 82nd 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: Feb. 4, 11 &
18,1982.
/s/ John Godbee
Representative,
82nd District
Sworn to and subscribed before me,
this 4th day of March, 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
CITY OF AUGUSTA PUNISHMENT FOR
VIOLATING ORDINANCES.
No. 1312 (House Bill No. 1829).
AN ACT
To amend an Act relating to punishment of violators of ordinances
of the City of Augusta, approved December 15, 1898 (Ga. L. 1898, p.
130), so as to change the maximum amount of fines which may be
imposed; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
4835
Section 1. An Act relating to punishment of violators of ordi-
nances of the City of Augusta, approved December 15, 1898 (Ga. L.
1898, p. 130), is amended by striking from Section II the following:
three hundred ($300.00) dollars,
and inserting in lieu thereof the following:
five hundred ($500.00) dollars,
so that when so amended Section II shall read as follows:
Section II. Be it further enacted that said punishments may be
by fines and imprisonment and labor on the public works of said city,
or by fines or imprisonment or labor on the public works of said city,
any or all; but such fines shall not exceed five hundred ($500.00)
dollars and such imprisonment or labor on the public works shall not
exceed ninety (90) days.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that legislation is intended to be introduced
during the 1982 session of the General Assembly of the State of
Georgia to amend the Municipal Charter of the City of Augusta so as
to increase the maximum fine which may be imposed as punishment
for violation of any rules, laws, and ordinances established by the City
Council of Augusta, from $300 to $500.
Stanley G. Jackson
Attorney for The City
Council of Augusta
4836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit of Publisher.
State of Georgia.
Richmond County.
Personally appeared before the undersigned attesting officer, W.
S. Morris, III, who is the President and a duly authorized officer of
Southeastern Newspapers, Inc., a corporation incorporated under the
laws of the State of Georgia, which corporation is the publisher of The
Augusta Chronicle-Herald, the official gazette in Augusta, Richmond
County, Georgia, who under oath deposes and says that the following
copy of an advertisement was published in said newspapers in three
(3) separate calendar weeks on these following dates; January 20th,
27th and February 3rd, 1982.
Southeastern Newspapers, Inc.
By:/s/ W. S. Morris, III
As its President
Sworn to and subscribed before me,
this 3rd day of February, 1982.
/s/ Marie B. Marriott
Notary Public, Richmond County, Georgia.
My Commission Expires June 24, 1985.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4837
ROCKDALE COUNTY TAX COMMISSIONERS
COMPENSATION.
No. 1313 (House Bill No. 1830).
AN ACT
To amend an Act creating the office of tax commissioner of
Rockdale County, approved February 26,1943 (Ga. L. 1943, p. 1106),
as amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3492), so as to change 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
Rockdale County, approved February 26,1943 (Ga. L. 1943, p. 1106),
as amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3492), is 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 Rockdale County shall
receive a salary of $21,913.00 per annum, payable in equal monthly
installments from the funds of Rockdale County. The tax commis-
sioner shall be authorized to appoint a chief deputy and four full-time
deputies to assist him in the discharge of his official duties. The tax
commissioner shall also be authorized to participate in the Group
Retirement Program and the Group Hospitalization Benefit Program
on the same basis as other officers and employees of Rockdale County
if he meets the normal eligibility requirements of the programs.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating the office of tax commissioner of Rockdale County,
approved February 26,1943 (Ga. Laws 1943, p. 1106), as amended, so
as to change the compensation of the tax commissioner; and for other
purposes.
4838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of January, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Jan. 22, 29,1982 &
Feb. 5,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4839
ROCKDALE COUNTY PROBATE COURT
JUDGES COMPENSATION.
No. 1314 (House Bill No. 1831).
AN ACT
To amend an Act providing an annual salary for the judge of the
Probate Court of Rockdale County in lieu of the fee system of
compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3482), so as to change the salary 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 providing an annual salary for the judge of the
Probate Court of Rockdale County in lieu of the fee system of
compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3482), is amended by striking Section 2 in its entirety and
inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The judge of the probate court shall receive a salary of
$21,913.00 per annum, payable in equal monthly installments from
the funds of Rockdale County. The judge of the probate court shall
also be authorized to participate in the Group Retirement Program
and the Group Hospitalization Benefit Program on the same basis as
other officers and employees of Rockdale County if he meets the
normal eligibility requirements of the programs.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act providing an annual salary for the judge of the Probate Court of
Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2173),
as amended, so as to change the compensation of the judge of the
Probate Court; and for other purposes.
4840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of January, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Jan. 22, 29,1982 &
Feb. 5,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4841
ROCKDALE COUNTY SHERIFFS
COMPENSATION.
No. 1315 (House Bill No. 1832).
AN ACT
To amend an Act placing the sheriff of Rockdale County upon an
annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3494), 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 Rockdale County upon
an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039),
as amended, particularly by an Act approved March 18,1980 (Ga. L.
1980, p. 3494), is amended by striking Section 2 in its entirety and
inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The sheriff shall receive a salary of $23,112.00 per
annum, payable in equal monthly installments from the funds of
Rockdale County. The sheriff shall also be authorized to participate
in the Group Retirement Program and the Group Hospitalization
Benefit Program on the same basis as other officers and employees of
Rockdale County if he meets the normal eligibility requirements of
the programs.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act placing the sheriff of Rockdale County on an annual salary,
approved February 18,1966 (Ga. Laws 1966, p. 2039), as amended, so
as to change the compensation of the sheriff; and for other purposes.
4842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of January, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Jan. 22, 29,1982 &
Feb. 5,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4843
ROCKDALE COUNTY CORONERS
COMPENSATION.
No. 1316 (House Bill No. 1833).
AN ACT
To amend an Act providing an annual salary for the coroner of
Rockdale County in lieu of the fee system of compensation, approved
April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an
Act approved March 18, 1980 (Ga. L. 1980, p. 3490), so as to change
the automobile expense allowance of the coroner; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the coroner of
Rockdale County in lieu of the fee system of compensation, approved
April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an
Act approved March 18, 1980 (Ga. L. 1980, p. 3490), is amended by
striking Section 2 in its entirety and inserting in lieu thereof a new
Section 2 to read as follows:
Section 2. The coroner shall receive a salary of $241.55 per
month from the funds of Rockdale County. In addition to said salary,
the coroner shall receive an automobile expense allowance of $150.00
per month, payable from the funds of Rockdale County. The coroner
shall also be authorized to participate in the Group Retirement
Program and the Group Hospitalization Benefit Program on the same
basis as other officers and employees of Rockdale County if he meets
the normal eligibility requirements of the programs.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act providing an annual salary for the coroner of Rockdale County,
approved April 4,1967, (Ga. Laws 1967, p. 2505), as amended, so as to
change the compensation of the coroner; and for other purposes.
4844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This I9th day of January, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Jan. 22, 29,1982 &
Feb. 5,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4845
ROCKDALE COUNTY COMPENSATION OF
BOARD OF COMMISSIONERS.
No. 1317 (House Bill No. 1834).
AN ACT
To amend an Act creating a board of commissioners for Rockdale
County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended,
particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3496),
so as to change the compensation of the chairman and the other
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
Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as
amended, particularly by an Act approved March 18, 1980 (Ga. L.
1980, p. 3496), is amended by striking subsection (a) of Section 7 in its
entirety and inserting in lieu thereof a new subsection (a) Section 7 to
read as follows:
(a) Commissioners, other than the chairman, shall be paid as
their entire compensation for services as same, the sum of $4,472.00
per annum, payable monthly, to be paid out of the county treasury
upon warrants drawn upon the county treasury. The chairman shall
receive as his entire compensation for services as same the sum of
$24,224.00 per annum, payable monthly, also to be paid out of the
county treasury upon warrants drawn upon the county treasury.
Except as otherwise provided by subsections (b) and (c) hereof, the
salary so fixed shall constitute the entire compensation from all
public sources to which said chairman or either commissioner shall be
entitled. The chairman and other commissioners shall not be entitled
to any further compensation for serving on any other boards or
authorities by virtue of their office.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
4846 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
1982 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, so as
to change the compensation of the chairman and other members of
the board; and for other purposes.
This 19th day of January, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Jan. 22, 29,1982 &
Feb. 5,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
GEORGIA LAWS 1982 SESSION
4847
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
ROCKDALE COUNTY COMPENSATION OF
CLERK OF SUPERIOR COURT.
No. 1318 (House Bill No. 1835).
AN ACT
To amend an Act fixing the compensation of the clerk of the
Superior Court of Rockdale County, approved March 4,1969 (Ga. L.
1969, p. 2176), as amended, particularly by an Act approved March
18,1980 (Ga. L. 1980, p. 3484), so as to change the salary of the clerk;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the compensation of the clerk of the
Superior Court of Rockdale County, approved March 4,1969 (Ga. L.
1969, p. 2176), as amended, particularly by an Act approved March
18,1980 (Ga. L. 1980, p. 3484), is amended by striking Section 2 in its
entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. The clerk of the Superior Court of Rockdale County
shall receive a salary of $21,913.00 per annum, payable in equal
monthly installments from the funds of Rockdale County. The clerk
shall also be authorized to participate in the Group Retirement
4848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Program and the Group Hospitalization Benefit Program on the same
basis as other officers and employees of Rockdale County if he meets
the normal eligibility requirements of the programs.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act fixing the compensation of the clerk of the Superior Court of
Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176),
as amended, so as to change the compensation of the clerk; and for
other purposes.
This 19th day of January, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Jan. 22, 29,1982 &
Feb. 5,1982.
/s/ Clarence R. Vaughn
Representative,
57th District
GEORGIA LAWS 1982 SESSION
4849
Sworn to and subscribed before me,
this 11th day of Feb., 1982.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved April 13, 1982.
CITY OF BREMEN CORPORATE LIMITS.
No. 1319 (House Bill No. 1837).
AN ACT
To amend an Act creating a new charter for the City of Bremen,
approved December 30,1898 (Ga. L. 1898, p. 136), as amended, so as
to change the corporate limits of the City of Bremen; 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. L. 1898, p. 136), as amended, is
amended by adding a new section, to be known as Section ID, to read
as follows:
Section ID. In addition to the territory embraced within the
present corporate limits of the City of Bremen the following described
property, including any property in said description which might
presently be within the corporate limits of the City of Bremen, shall
likewise be embraced within the corporate limits of the City of
Bremen:
4850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) All that tract or parcel of land lying and being in Land
Lot 244, of the 7th District and 5th Section of Haralson County,
Georgia, and being more particularly described as follows, to-wit:
To find the point of beginning, begin at the common corner
between Land Lots 229, 230, 243 and 244 of said district and
section and from said point run South 1 degree 6 minutes 34
seconds East a distance of 167.92 feet; thence from said point run
in a Southeasterly direction along the existing corporate limits of
the City of Bremen to the point where said City Limits intersects
the East property line of property now owned by the estate of
A. M. Lambert, Sr., said point is more particularly located by
running a chord having a bearing of South 62 degrees 55 minutes
11 seconds East and a chord distance of 2134.07 feet; thence from
said point South 1 degree 38 minutes 33 seconds East a distance of
467.57 feet; thence South 89 degrees 20 minutes 21 seconds West a
distance of 1885.34 feet to a point located on the West original line
of Land Lot No. 244; thence from said point run North 1 degree 6
minutes 34 seconds West along the West original line of Land Lot
No. 244 a distance of 1460.92 feet to the point of beginning.
The above description is made in accordance with a plat
prepared for the City of Bremen, Georgia, by David E. Rowell,
Haralson County Surveyor, dated August 29,1980, a copy of which
plat is recorded in Plat Book 10, page 57, in the office of the clerk
of Superior Court of Haralson County, Georgia, and which plat is
by leave of reference incorporated into and made a part of this
description.
(2) All tract or parcel of land lying and being in Land Lot
No. 293, 276, 277 and 260 of Carroll County, Georgia, and Land
Lot 260 and Land Lot 245 of the 7th District and 5th Section of
Haralson County, Georgia, being more particularly described as
follows, to wit: All of the right-of-way of U.S. Highway 27 also
known as Georgia Highway 1 lying in said land lots beginning at
Mile Post 21 plus 501 feet according to the Carroll County
marking systems maintained by the Department of Trans-
portation of the State of Georgia and running in a Northerly
direction from said point to Mile Post 0 plus 2,082 feet according
to the Haralson County marking system maintained by the
Department of Transportation of the State of Georgia, said point
being where the original City Limits of the City of Bremen would
have intersected said Highway.
GEORGIA LAWS 1982 SESSION
4851
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to amend the
corporate charter so as to change the corporate limits of the City of
Bremen and for other purposes.
This the 22nd day of January, 1982.
Richard H. Wheeler
Mayor,
The City of Bremen
Affidavit.
Georgia, Haralson County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune legal organ for Haralson
County. The following dates, to wit: January 28, February 4 & 11,
1982.
Sworn to on the 18th day of
February, 1982.
/s/ Stanley Parkman
Publisher
4852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed to before me,
on the 18th day of February, 1982.
/s/ Linda Spence
Notary Public.
(Seal).
Approved April 13, 1982.
BOARDS OF COUNTY COMMISSIONERS
COMPENSATION IN CERTAIN COUNTIES
(8,335 - 8,725) (10,200 - 10,350).
No. 1320 (House Bill No. 1839).
AN ACT
To amend an Act providing for the compensation of members of
the board of county commissioners in each county having a popula-
tion of not less than 8,335 and not more than 8,725 according to the
United States decennial census of 1970 or any future such census,
approved April 11, 1979 (Ga. L. 1979, p. 3456), so as to change the
provisions relative to population; to change the salaries of the chair-
man and members of the board of county commissioners 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. An Act providing for the compensation of members of
the board of county commissioners in each county having a popula-
tion of not less than 8,335 and not more than 8,725 according to the
United States decennial census of 1970 or any future such census,
approved April 11,1979 (Ga. L. 1979, p. 3456), is amended by striking
Section 1 in its entirety and substituting in lieu thereof a new Section
1 to read as follows:
GEORGIA LAWS 1982 SESSION
4853
Section 1. Any other provision of law to the contrary notwith-
standing, in each county in this State having a population of not less
than 10,200 and not more than 10,350 according to the United States
Decennial Census of 1980 or any future such census, the chairman of
the board of county commissioners shall receive a salary of $600.00
per month and the other members of said board shall receive a salary
of $500.00 per month. Such salary shall be paid from the funds of the
county.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CITY OF CLIMAX CHARTER AMENDED.
No. 1321 (House Bill No. 1848).
AN ACT
To amend an Act creating a new charter for the City of Climax,
approved April 17, 1975 (Ga. L. 1975, p. 3421), as amended, so as to
change the terms of office of the mayor and council; to provide for the
election of said officials; to establish a 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 Climax,
approved April 17, 1975 (Ga. L. 1975, p. 3421), as amended, is
amended by striking Section 2.11 in its entirety and inserting in lieu
thereof a new Section 2.11 to read as follows:
Section 2.11. Terms and Qualifications of Office. Except as
otherwise provided in Section 5.10 (specifically the 1983 election), as
4854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, the mayor shall serve for a term of three (3) years and until
his respective successor is elected and qualified and the council-
persons 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 mayor or councilperson unless: (1) he has been a resident of
the city for a period of one (1) year immediately prior to the date of
the election of mayor or councilperson; (2) he continues to reside
therein during his period of service; (3) he is registered and qualified
to vote in municipal elections of the City of Climax; and (4) he meets
the qualification standards required for members of the Georgia
House of Representatives as are now or may in the future be pre-
scribed by the Georgia Constitution.
Section 2. Said Act is further amended by striking Sections 4.10,
4.11, 4.12, 4.13, 4.14, and 4.15 in their entirety and inserting in lieu
thereof new Sections 4.10, 4.11, 4.12, 4.13, 4.14, and 4.15 to read as
follows:
Section 4.10. Recorders Court. There is hereby established a
court to be known as the Recorders Court of the City of Climax which
shall have jurisdiction and authority to try offenses against the laws
and ordinances of said city and to punish for a violation of the same.
Such court shall have the power and authority to enforce its
judgments by the imposition of such penalties as may be provided by
law; to punish witnesses for nonattendance; to punish any person who
may counsel, advise, aid, encourage, or persuade another whose
testimony is desired or material in any proceeding before said court to
go or move beyond the reach of the process of the court; and to try all
offenses within the territorial limits of the city constituting traffic
cases which under the laws of Georgia are placed within the jurisdic-
tion of municipal or police courts to the extent of and in accordance
with the provisions of such laws and all laws subsequently enacted
amendatory thereof. Said court shall be presided over by the judge of
said court. In the absence or disqualification of the judge, the judge
pro tern shall preside and shall exercise the same powers and duties as
the judge when so acting.
Section 4.11. Judge, (a) No person shall be qualified or eligible to
serve as judge unless he shall have attained the age of twenty-one (21)
years. The judge shall be appointed by and serve at the discretion of
the council.
GEORGIA LAWS 1982 SESSION
4855
(b) The judge pro tem shall serve in the absence of the judge,
shall be appointed by the council, and shall take the same oath as the
judge.
(c) Before entering on the duties of his office, the judge shall
take an oath before an officer duly authorized to administer oaths in
this state that he will truly, honestly, and faithfully discharge the
duties of his office to the best of his ability without fear, favor, or
partiality. The oath shall be entered upon the minutes of the council.
Section 4.12. Convening. Said court shall be convened at such
time as designated by ordinance or at such times as deemed necessary
to keep current the dockets thereof.
Section 4.13. Jurisdiction; Powers, (a) The recorders court shall
try and punish for crimes against the City of Climax 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 five hundred dollars ($500.00) or thirty (30) days in
jail. The recorders court may fix punishment for offenses within its
jurisdiction not exceeding a fine of five hundred dollars ($500.00) or
imprisonment for thirty (30) days, or both. As an alternative to fine
or imprisonment, the recorders court may sentence any offender
upon conviction to labor in a city work gang or on the streets,
sidewalks, squares, or other public works for a period not exceeding
thirty (30) days.
(b) The recorders court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
reimbursement of the cost of meals, transportation, and caretaking of
prisoners bound over to superior courts for violations of state law.
(c) The recorders court shall have authority to establish bail
and recognizances to ensure the presence of those charged with
violations before said court and shall have discretionary authority to
accept cash or personal or real property as surety for appearance of
persons charged with violations. Whenever any person gives bail for
his appearance and fails to appear at the time fixed for trial, his bond
shall be forfeited by the judge presiding at such time and an execution
shall be issued thereon by serving the defendant and his sureties with
a rule nisi at least two (2) days before a hearing on the rule nisi. If
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
4856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
at the time and place fixed for trial, the cash so deposited shall have a
lien against it for the value forfeited, which lien shall be enforceable in
the same manner and to the same extent as a lien for city property
taxes.
(d) The recorders 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.
(e) The recorders 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 recorders 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 recorders court is specifically vested with all of the
jurisdiction and powers throughout the entire area of the City of
Climax granted by state law generally to recorders and police courts,
and particularly by such laws as authorize the abatement of nui-
sances.
Section 4.14. 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.
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
relative to the procedure of the operation of the superior court under
the general laws of the State of Georgia. The rules and regulations
made or adopted for said court shall be filed with the city clerk, shall
be available for public inspection, and, upon request, a copy shall be
furnished to all defendants in recorders court proceedings at least
forty-eight (48) hours prior to said proceedings.
Section 3. 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:
GEORGIA LAWS 1982 SESSION
4857
Section 5.10. Regular Elections, (a) Those persons in office on
the effective date of this Act shall continue to serve until their
successors are duly elected and qualified as provided by law.
(b) On the first Monday in January, 1983, an election shall be
held for mayor and all four (4) councilpersons. The mayor then
elected shall serve for a term of three (3) years; two (2) of the
councilpersons then elected shall serve for two (2) years and two (2) of
the councilpersons then elected shall serve for one (1) year. The
candidate for the office of councilperson receiving the most votes and
the candidate receiving the second highest number of votes at said
election shall serve for a two (2)-year term and the two (2) candidates
for the office of councilperson receiving the third and fourth highest
number of votes at said election shall serve a one (l)-year term. In the
event of a tie for the second and third positions, it shall be determined
by lot which candidate serves a two (2)-year term and which serves a
one (l)-yearterm.
(c) On the first Monday in January, 1984 (or the first Tuesday in
January, 1984, if the first Monday falls on a holiday), and on the first
Monday in January (or the first Tuesday if the first Monday falls on a
holiday) of every even-numbered year thereafter, there shall be an
election held for those two (2) seats on the council which are elected to
one (l)-year terms in the election of 1983 and for the mayor whenever
said date marks the third anniversary of his next previous election.
On the first Monday in January, 1985 (or the first Tuesday in
January, 1985, if the first Monday falls on a holiday), and on the first
Monday in January (or the first Tuesday if the first Monday falls on a
holiday) of every odd-numbered year thereafter, there shall be an
election held for those two (2) seats on the council which are elected to
two (2)-year terms in the election of 1983 and for the mayor whenever
said date marks the third anniversary of his next previous election.
Except as otherwise provided herein with regard to the 1983 elections,
all councilpersons shall serve for two (2)-year terms and the mayor
shall serve for a three (3)-year term.
(d) The terms of office of members of the council shall begin at
the day and hour of the taking of the oath of office as provided in
Article II, Section 2.30 of this charter and shall continue until their
successors in office shall be elected and qualified.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
4858 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 1982
Regular Session of the General Assembly of Georgia a bill to amend
an Act providing a new charter for the City of Climax approved April
17,1975 (Ga. Laws 1975, Page 3421); and for other purposes.
Walter E. Cox
State Representative,
District 141
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter E. Cox who, on oath, deposes
and says that he/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: Feb. 17
& 24,1982 & March 3,1982.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4859
FITZGERALD AND BEN HILL COUNTY
DEVELOPMENT AUTHORITY ACT AMENDED.
No. 1322 (House Bill No. 1850).
AN ACT
To amend an Act creating the Fitzgerald and Ben Hill County
Development Authority, approved February 26,1963 (Ga. L. 1963, p.
2003), as amended, so as to change the provisions relating to the
powers of the Authority; to affirm existing notes and other obligations
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 Fitzgerald and Ben Hill County
Development Authority, approved February 26,1963 (Ga. L. 1963, p.
2003), as amended, is amended by adding at the end of Section 6 two
new subsections, to be designated subsections (m) and (n), to read as
follows:
(m) 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 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.
(n) 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.
Section 2. It was the intention of the Act creating the Fitzgerald
and Ben Hill County Development Authority (Ga. L. 1963, p. 2003) to
grant said Authority all of the powers set forth in new subsections (m)
and (n) of Section 6 as above set forth, and it is the purpose of this
4860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amendment to said Act to affirm, clarify, and enumerate in more
detail the powers of the Authority, and any existing notes and other
obligations of the Authority are hereby declared to have been issued
within the powers of the 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
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,
1982, 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 affirm, clarify and
enumerate in more detail the powers of the authority to borrow
money to carry out its public purposes and to execute such instru-
ments as may be necessary or desirable to evidence and provide
security for such borrowings and to issue revenue bonds, notes or
other obligations and use the proceeds thereof for paying or loaning
the proceeds thereof to pay the cost of any project; to affirm existing
notes and other obligations of the authority; to repeal conflicting
laws, and for other purposes.
This 30th day of January, 1982.
/ Gerald H. Thompson, Chairman
Fitzgerald and Ben Hill
County Development Authority
GEORGIA LAWS 1982 SESSION
4861
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 Herald and
Leader, the newspaper in which Sheriffs advertisements for Ben Hill
County are published, and that the attached copy of notice of
intention to introduce local legislation was published in the Herald
and Leader on the following dates: February 18, 1982, February 25,
1982, March 4,1982.
/s/ Gerald W. Pryor
Sworn to and subscribed before me,
this 4th day of March, 1982.
/s/ Betty S. Bailey
Notary Public.
Ben Hill County, Georgia.
(Seal).
Approved April 13, 1982.
EMANUEL COUNTY DEVELOPMENT AUTHORITY
ACT AMENDED.
No. 1323 (House Bill No. 1851).
AN ACT
To amend an Act known as the Emanuel County Development
Authority Act, approved March 27,1965 (Ga. L. 1965, p. 2770), so as
to change the limitation on the amount of interest which may be paid
by said authority; to repeal conflicting laws; and for other purposes.
4862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Emanuel County Development
Authority Act, approved March 27, 1965 (Ga. L. 1965, p. 2770), is
amended by striking Section 12 in its entirety and inserting in lieu
thereof a new Section 12 to read as follows:
Section 12. The acquisition, construction, improvement, bet-
terment, expansion, or extension of any undertaking or project of the
Authority, and the issuance in anticipation of the collection of
revenues of such undertaking or project, of bonds to provide funds to
pay the whole or a part of the cost thereof may be authorized by
resolution or resolutions of the Authority which may be adopted at a
regular or special meeting by a majority of the members of the
Authority. Unless otherwise provided therein, such resolution or
resolutions shall take effect immediately and need not be laid over or
published or posted. The Authority in determining the cost of any
undertaking or project for which revenue bonds are to be issued may
include all costs as hereinbefore defined. 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 as
established by the Authority, and may be in such denominations and
may carry such registration privileges and be subject to redemption
and may contain such terms, covenants, assignments, and conditions
as the resolution or resolutions authorizing the issuance of such bonds
may provide. Except as herein provided to the contrary, such bonds
shall be issued and validated in the Superior Court of Emanuel
County, Georgia, in the same manner as revenue bonds of municipali-
ties are issued and validated under the Revenue Bond Law (Ga. L.
1937, p. 761; Article 3 of Chapter 82 of Title 36 of the Official Code of
Georgia Annotated) as the same is now or may hereafter be amended.
In the proceedings to validate such bonds, the County of Emanuel
and the Emanuel County Development Authority shall be named as
party defendant. In the event no bill of exceptions is filed within the
time prescribed by law, or if filed, the judgment validating the bonds
shall be affirmed by the Supreme Court of Georgia, such judgment
shall be forever conclusive as to the validity of such bonds and the
security therefor against said Authority.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
4863
Notice of Intention to Apply for Passage
of Local Legislation.
Notice is hereby given that at the regular 1982 Session of the
General Assembly of Georgia an application will be made to amend
the Act establishing the Emanuel County Development Authority to
remove the limitation on the rate of interest which may be paid by the
Authority, and for other purposes.
This 18th day of January, 1982.
G. W. Johnson, Jr.
Vice Chairman,
Emanuel County Development
Authority
Rountree & Cadle, Attorneys
In Re: Emanuel County Development Authority.
Georgia, Emanuel County.
Personally before me, the undersigned officer duly authorized to
administer oaths, came William C. Rogers, who on oath deposes and
says that he is the editor and publisher of The Blade, the official
county organ in and for Emanuel County, and that the attached copy
of Notice of Intention to Apply for Local Legislation was published in
The Blade on the following dates: January 20, January 27, and
February 3,1982.
/s/ William C. Rogers, Sr.
Sworn to and subscribed before me,
this 8th day of February, 1982.
4864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Donna L. Keen
N. P., Georgia, Emanuel County.
(Seal).
Approved April 13, 1982.
SPALDING COUNTY SMALL CLAIMS COURT
ACT AMENDED.
No. 1324 (House Bill No. 1852).
AN ACT
To amend an Act creating a small claims court for Spalding
County, approved April 28,1969 (Ga. L. 1969, p. 3687), as amended by
an Act approved March 5, 1976 (Ga. L. 1976, p. 2903), an Act
approved March 13,1978 (Ga. L. 1978, p. 3506), and an Act approved
March 18,1980 (Ga. L. 1980, p. 3475), so as to change the jurisdiction
of said court; to change the compensation of the judge of said court
from a fee system to an annual salary; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a small claims court for Spalding
County, approved April 28,1969 (Ga. L. 1969, p. 3687), as amended by
an Act approved March 5, 1976 (Ga. L. 1976, p. 2903), an Act
approved March 13,1978 (Ga. L. 1978, p. 3506), and an Act approved
March 18, 1980 (Ga. L. 1980, p. 3475), is amended by striking from
Section 1 the following:
$1,800.00,
and inserting in lieu thereof the following:
$2,500.00,
GEORGIA LAWS 1982 SESSION
4865
so that when so amended Section 1 shall read as follows:
Section 1. There is hereby created and established a small
claims court for Spalding County, Georgia, to be known as the Small
Claims Court of Spalding 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.
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 judge of the small claims court shall receive
an annual salary of not less than $22,000.00 per annum, the exact
amount of which shall be fixed by the governing authority of Spalding
County.
(b) The judge shall appoint a clerk and one or more deputy
clerks who shall be or become certified within twelve months after
their appointment according to the same rules and procedures as a
certified justice of the peace and who shall have the same criminal
jurisdiction as granted to justices of the peace under the laws of this
state, including the power to issue warrants. The judge shall have the
power to appoint one or more marshals. The governing authority of
Spalding County shall fix the compensation of such clerks and
marshals.
(c) All fees collected by the small claims court of Spalding
County as authorized in this Act shall be accounted for and paid into
the county treasury.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4866 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
1982 session of the General Assembly of Georgia, a bill to amend an
Act creating a Small Claims Court for Spalding County, approved
April 28,1969 (Ga. L. 1969, page 3687), so as to increase the jurisdic-
tion of the court; to change said compensation of the judge from fee to
a salary system; and for other purposes.
This 31st day of December, 1981.
James R. Fortune, Jr.
State Representative,
Post 1, District 71
John 0. Mostiler
State Representative,
Post 2, District 71
Kyle T. Cobb
State Senator,
District 28
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James R. 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: Jan. 9,16 &
23,1982.
/s/ James Fortune
Representative,
71st District
GEORGIA LAWS 1982 SESSION
4867
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
ROCKDALE COUNTY COMPENSATION OF
PUBLIC DEFENDER.
No. 1325 (House Bill No. 1853).
AN ACT
To amend an Act providing for a Public Defender for Rockdale
County, approved March 12,1975 (Ga. L. 1975, p. 2685), as amended,
by an Act approved March 4, 1977 (Ga. L. 1977, p. 2846), so as to
change the compensation of the public defender; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a Public Defender for Rockdale
County, approved March 12,1975 (Ga. L. 1975, p. 2685), as amended,
by an Act approved March 4,1977 (Ga. L. 1977, p. 2846), is amended
by striking subsection (a) of Section 2 in its entirety and substituting
in lieu thereof the following:
(a) The Public Defender for Rockdale County shall be compen-
sated in the amount of $8,400.00 per annum which shall be payable
monthly from the funds of Rockdale County. The public defender
shall not be authorized to receive any fees provided by law for the
defense of indigent defendants in addition to the compensation
provided for herein.
4868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend an
Act providing for a public defender of Rockdale County, approved
March 12,1975 (Ga. Laws 1975, p. 2685), as amended, so as to change
the compensation of the public defender; and for other purposes.
This 11th day of February, 1982.
Clarence R. Vaughn, Jr.
Representative,
57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Clarence R. Vaughn 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: Feb. 16 & 23,1982
& March 3,1982.
/s/ Clarence R. Vaughn, Jr.
Representative,
57th District
GEORGIA LAWS 1982 SESSION
4869
Sworn to and subscribed before me,
this 9th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CITY OF BOGART NEW CHARTER.
No. 1340 (House Bill No. 1486).
AN ACT
To reincorporate and provide a new charter for the City of Bogart;
to provide the territory, powers, form of government, judicial system,
revenue and budgeting procedures, and general structure and opera-
tion of the city; to provide for all related matters; to provide for
severability; to provide for a referendum; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Article I
Creation, Incorporation, Powers
Section 1.1. Name. This city and the inhabitants thereof are
hereby constituted and declared a body politic and corporate under
the name and style of Bogart, Georgia, and by that name shall have
perpetual succession.
Section 1.2. 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
4870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
manner provided by general state law. The boundaries of this city at
all times shall be shown on a map, a written description, or any
combination thereof, to be retained permanently in the office of the
city clerk and to be designated, as the case may be: Official Map of
the Corporate Limits of the City of Bogart, Georgia. Photographic,
typed, or other copies of such map or description certified by the clerk
shall be admitted as evidence in all courts and shall have the same
force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such
map by ordinance to reflect lawful changes in the corporate bound-
aries. 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) 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 1.4. 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 appropri-
ations for the support of the government of the city, to authorize
the expenditure of money for any purposes authorized by this
GEORGIA LAWS 1982 SESSION
4871
charter and for any purpose for which a municipality is authorized
by the laws of the State of Georgia, and to provide for the payment
of expenses of the city;
(5) Municipal debts. To appropriate and borrow money for
the payment of debts of the city and to issue bonds for the purpose
of raising revenue to carry out any project, program, or venture
authorized by this charter or the laws of the State of Georgia;
(6) Municipal property ownership. To acquire, dispose of,
and hold in trust or otherwise, any real, personal, or mixed
property, in fee simple or lesser interest, inside or outside the
property limits of the city;
(7) Gifts. To accept or refuse gifts, donations, bequests, or
grants from any source for any purpose related to the powers and
duties of the city and the general welfare of its citizens on such
terms and conditions as the donor or grantor may impose;
(8) Condemnation. To condemn property, inside or outside
the corporate limits of the city for present or future use, and for
any corporate purpose deemed necessary by the governing author-
ity, under Section 36-202 of the Code of Georgia of 1933, or under
such other applicable laws 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, 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 and
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;
(11) Roadways. To lay out, open, extend, widen, narrow,
establish, or change the grade of, abandon, close, construct, pave,
4872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, playhouses, public buildings, libraries, public hous-
ing, airports, hospitals, terminals, docks, parking facilities, or
charitable, cultural, educational, recreational, conservation, sport,
curative, corrective, detentional, penal, and medical institutions,
agencies, and facilities; and any other public improvements, inside
or outside the corporate limits of the city; and to regulate the use
thereof, and for such purposes property may be acquired by
condemnation under Section 36-202 of the Code of Georgia of
1933 or such other applicable laws 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-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
ensure a safe, healthy, and aesthetically pleasing community;
(15) Public peace. To provide for the prevention and punish-
ment of drunkenness, 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 and the use and sale of firearms;
to regulate the transportation, storage, and use of combustible,
explosive, and inflammable materials, the use of lighting and
heating equipment, and any other business or situation which may
be dangerous to persons or property; to regulate and control the
conduct of peddlers and itinerant traders, theatrical 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;
GEORGIA LAWS 1982 SESSION
4873
(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 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 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 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;
4874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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; to provide for the manner and method of collecting
such service charges and for enforcing payment of same; and to
charge, impose, and collect a sewer connection fee or fees and to
change 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) Animal regulations. To regulate and license or prohibit
the keeping or running at large of animals and fowl and to provide
for the impounding 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 ordi-
nance; to provide punishment for violation of ordinance enacted
hereunder;
(28) 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;
(29) 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;
(30) Pensions. To provide and maintain a system of pensions
and retirement for officers and employees of the city;
(31) Special assessments. To levy and provide for the collec-
tion of special asessments to cover the costs for any public
improvements;
GEORGIA LAWS 1982 SESSION
4875
(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
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 and operate such
public transportation 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 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; to exercise all implied powers necessary to carry into
execution all powers granted in this charter as fully and com-
4876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pletely 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 1.5. Exercise of powers. All powers, functions, rights,
privileges, and immunities of the city and its officers, agencies, or
employees shall be carried into execution as provided by this charter.
If this charter makes no provision such shall be carried into execution
as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
Article II
Government Structure
Section 2.1. City council creation; composition; number; elec-
tion. The legislative authority of the government of this city except as
otherwise specifically provided in this charter shall be vested in a city
council to be composed of a mayor and four council members. The
mayor and council members shall be elected in the manner provided
by Article V of this charter.
Section 2.2. City council terms and qualifications for office. The
mayor and members of the city council shall serve for terms of two
years and until their respective successors are elected and qualified.
No person shall be eligible to serve as mayor of the City of Bogart
unless he shall have attained the age of 25 years, is a citizen of the
United States, and shall have resided in the limits of said city one year
immediately preceding his election; and no person shall be eligible to
be councilman of said City of Bogart unless he shall have attained the
age of 21 years, is a citizen of the United States, and shall have resided
in the City of Bogart six months immediately preceding his election.
Section 2.3. Vacancy; filling of vacancies, (a) Vacancies. The
office of mayor or council member shall become vacant upon the
incumbents death, resignation, forfeiture of office, or removal from
office in a manner authorized by this charter or the general laws of the
State of Georgia.
GEORGIA LAWS 1982 SESSION
4877
(b) Filling of vacancies. A vacancy in the office of mayor or
council member shall be filled for the remainder of the unexpired
term, if any, as provided in Article V.
Section 2.4. Compensation and expenses. The mayor and
council members shall receive compensation for their services in an
amount set by ordinance. The mayor and council members shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties of office.
Section 2.5. Conflict of interest, (a) No elected official,
appointed officer, or employee of the city or any agency or political
entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial
or other personal interest, direct or indirect, which is incompatible
with the proper discharge of his 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 official 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 informa-
tion 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. However, 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, or
4878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Vote or otherwise participate in the negotiation or the
making of any contract with any business or entity in which he has
a financial interest.
(b) Disclosure. Any elected official, appointed officer, or
employee who shall have any private financial interest, directly or
indirectly, in any contract or matter pending before or within any
department of the city shall disclose such private interest to the city
council. The mayor or any council member who has a private interest
in any matter pending before the city council shall disclose such
private interest and such disclosure shall be entered on the records of
the city council and he shall disqualify himself from participating in
any decision or vote relating thereto. Any elected official, appointed
officer, or employee of any agency or political entity to which this
charter applies who shall have any private financial interest, directly
or indirectly, in any contract or matter pending before or within such
entity shall disclose such private interest to the governing body of
such agency or entity.
(c) Use of public property. No elected official, appointed officer,
or employee of the city or any agency or entity to which this charter
applies shall use property owned by such government for personal
benefit, convenience, or profit except in accordance with policies
promulgated by the city council or the governing body of such agency
or entity.
(d) Contracts voidable and rescindable. Any violation of this
section which occurs with the knowledge, express or implied, of
another party to a contract or sale shall render said contract or sale
voidable as to that party, at the option of the city council.
(e) Ineligibility of elected officials. Except where authorized by
law, neither the mayor nor any council member shall hold any other
elective or compensated appointive office in the city or otherwise be
employed by said government or any agency thereof during the term
for which he was elected. No former mayor or former council member
shall hold any compensated appointive office in the city until one year
after the expiration of the term for which he was elected.
(f) 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.
GEORGIA LAWS 1982 SESSION
4879
(g) Penalties for violation. (1) Any city officer or employee who
knowingly conceals such financial interest or knowingly violates
any of the requirements of this section shall be guilty of malfea-
sance in office or position and shall be deemed to have forfeited
his office or position.
(2) Any officer or employee of the city who shall forfeit his
office or position as described in paragraph (1) above shall be
ineligible for appointment or election to or employment in a
position in the city government for a period of three years there-
after.
Section 2.6. Inquiries and investigations. The city council may
make inquiries and investigations into the affairs of the city and the
conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the city council shall be punished as provided by ordinance.
Section 2.7. General power and authority of the city council.
Except as otherwise provided by this charter, the city council shall be
vested with all the powers of government of this city as provided by
Article I.
Section 2.8. Organization meeting. The city council shall meet
for organization on the night following the election. The meeting
shall be called to order by the city clerk and the oath of office shall be
administered to the newly elected members as follows:
I do solemnly swear that I will well and truly perform the duties
of mayor (or councilman, as the case may be,) of the City of Bogart by
adopting and enforcing such methods as may in my judgment be
calculated to promote the general welfare of the City of Bogart and I
do further swear that I have not practiced any unlawful means, direct
or indirect, to procure my election and that I have not given or offered
or promised or caused to be given or offered or promised to any person
any money, treat, or anything of value with any intent to affect any
vote or prevent any person voting at the election at which I was
elected, so help me God.
Section 2.9. Regular and special meetings, (a) The city council
shall hold regular meetings at such times and places as prescribed by
ordinance.
4880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, by
the city clerk. Such notice to council members shall not be required if
the mayor and all council members are present when the special
meeting is called. Such notice of any special meeting may be waived
by a council member in writing before or after such a meeting, and
attendance at the meeting shall also constitute a waiver of notice on
any business transacted in such council members presence. Only the
business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent
required by general state law and notice to the public of special
meetings shall be made as fully as is reasonably possible five days
prior to such meetings.
Section 2.10. Rules of procedure. The city council shall adopt
its rules of procedure and order of business consistent with the
provisions of this charter and shall provide for keeping a journal of its
proceedings, which shall be a public record.
Section 2.11. Quorum; voting. Three council members shall
constitute a quorum and shall be authorized to transact business of
the city council. Voting on the adoption of ordinances shall be taken
by voice vote and the ayes and nays shall be recorded in the journal,
but any member of the city council shall have the right to request a
roll-call vote. The affirmative vote of three council members shall be
required for the adoption of any ordinance, resolution, or motion
except as otherwise provided in this charter.
Section 2.12. Ordinance form; procedure, (a) Every proposed
ordinance shall be introduced in writing 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 Bogart hereby ordains ... and every ordinance shall so begin.
(b) An ordinance may be introduced by any council member and
read at a regular or special meeting of the city council. Ordinances
shall be considered and adopted or rejected by the city council in
accordance with the rules which it shall establish; provided, however,
an ordinance shall not be adopted the same day it is introduced,
except for emergency ordinances provided in Section 2.14. Upon
GEORGIA LAWS 1982 SESSION
4881
introduction of any ordinance, the clerk shall as soon as possible
distribute a copy to the mayor and to each council member and shall
file a reasonable number of copies in the office of the clerk and at such
other public places as the city council may designate.
Section 2.13. Action requiring an ordinance. In addition to
other acts required by general state law or by specific provisions of
this charter to be done by ordinance, acts of the city council which
have the force and effect of law shall be done by ordinance.
Section 2.14. Emergencies. To meet a public emergency
affecting life, health, property, or public peace, the city council may
convene on call of the mayor or three council members and promptly
adopt an emergency ordinance, but such ordinance may not levy
taxes, grant, renew, or extend a franchise, regulate the rate charged by
any public utility for its services, or authorize the borrowing of money
except for loans to be repaid within 30 days. An emergency ordinance
shall be introduced in the form prescribed for ordinances generally
except that it shall be plainly designated as an emergency ordinance
and shall contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms. An
emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the affirmative
vote of at least three council members shall be required for adoption.
It shall become effective upon adoption or at such later time as it may
specify. Every emergency ordinance shall automatically stand
repealed 30 days following the date upon which it was adopted, but
this shall not prevent reenactment of the ordinance in the manner
specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emer-
gency ordinances.
Section 2.15. Codes of technical regulations, (a) The city
council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and
requirements governing such adopting ordinance shall be as pre-
scribed for ordinances generally except that (1) the requirements of
Section 2.9(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 2.16.
4882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Copies of any adopted code of technical regulations shall be
made available by the clerk for distribution or for purchase at a
reasonable price.
Section 2.16. Signing; authenticating; recording; codification;
printing, (a) The clerk shall authenticate by his signature and record
in full in a properly indexed book kept for the purpose all ordinances
adopted by the council.
(b) The city council shall provide for the preparation of a general
codification of all of the ordinances of the city having the force and
effect of law. The general codification shall be adopted by the city
council by ordinance and shall be published promptly, together with
all amendments thereto and such codes of technical regulations and
other rules and regulations as the city council may specify. This
compilation shall be known and cited officially as the Code of the
City of Bogart, 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 amend-
ment 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 amend-
ments 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 2.17. Election of mayor; forfeiture; compensation. The
mayor shall be elected and serve for a term of two years and until his
successor is elected and qualified. He shall be a qualified elector of
this city and shall have been a resident of this city for one year
preceding his election. He shall continue to reside in this city during
the period of his service. He shall forfeit his office on the same
grounds and under the same procedure as for council members. The
compensation of the mayor shall be established in the same manner
as for council members.
GEORGIA LAWS 1982 SESSION
4883
Section 2.18. Mayor pro tempore. The city 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 declaration by
the city council of the mayors disability or absence.
Section 2.19. Powers and duties of the mayor. The mayor shall:
(1) Preside at all meetings of the city for service of process
and ceremonial purposes;
(2) Be the official head and spokesman for the city for
service of process and ceremonial purposes;
(3) Sign as a matter of course all written contracts, ordi-
nances, and other instruments executed by the city which by law
are required to be in writing;
(4) Vote on matters before the city council and be counted
toward a quorum as any other council member;
(5) Prepare and submit to the city council a recommended
annual operating budget and recommended capital budget; and
(6) Fulfill such other executive and administrative duties as
the city council shall by ordinance establish.
Article III
Administrative Affairs
Section 3.1. Administrative and service departments, (a)
Except as otherwise provided in this charter, the city council, by
ordinance, shall prescribe the functions or duties of and establish,
abolish, or alter all nonelective offices, positions of employment,
departments and agencies of the city as necessary for the proper
administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or general state
law, the directors of departments and other appointed officers of the
city shall be appointed solely on the basis of their respective adminis-
trative and professional qualifications.
Section 3.2. City attorney. The city council shall appoint a city
attorney, together with such assistant city attorneys as may be
4884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the city. The city attorney shall be
responsible for representing and defending the city in all litigation in
which the city is a party; may be the prosecuting officer in the
municipal court; shall attend the meetings of the council as directed;
shall advise the city council, mayor, and other officers and employees
of the city concerning legal aspects of the citys affairs; and shall
perform such other duties as may be required of him by virtue of his
position as city attorney.
Section 3.3. City clerk. It shall be the duty of the clerk of council
to attend all meetings of said council and such meetings as are called
by the mayor, to notify the several council members of the said called
meetings, to keep a fair and regular minute of all proceedings of the
council, to receive and collect all the city taxes and disburse the same
under the direction of the council, and to have such other duties and
powers as the mayor and council may impose. The clerk of council
shall give a bond of good security for the faithful performance of all
the duties, payable to the mayor and his successors in office, who are
hereby authorized to bring suit thereon, in such sum as council may
direct.
Section 3.4. Personnel policies. Personnel policies for the City
of Bogart shall be those outlined in the personnel handbook as
adopted by the city council by ordinance.
Article IV
Judicial Branch
Section 4.1. Creation; name. There shall be a court to be known
as the Municipal Court of the City of Bogart.
Section 4.2. Chief judge; associate judge, (a) The municipal
court shall be presided over by a chief judge and such part-time, full-
time, or standby associate judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on
the municipal court unless he shall have attained the age of 21 years
and shall be a member of the State Bar of Georgia. All judges shall be
appointed by the city council.
(c) Compensation of the judges shall be fixed by ordinance.
GEORGIA LAWS 1982 SESSION
4885
(d) Judges may be removed for cause by a vote of three members
of the city council.
(e) Before entering on duties of his office, each judge shall take
an oath or affirmation given by the mayor or clerk 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 4.3. 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 $50.00 or five days in jail.
(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 violations of state law.
(d) The municipal court shall have authority to establish bail
and recognizances to ensure the presence of those charged with
violations before said court and shall have discretionary authority to
accept cash or personal or real property as surety for the appearance
of persons charged with violations. Whenever any person shall give
bail for his appearance and shall fail to appear at the time fixed for
trial, his bond shall be forfeited by the judge presiding at such time
and an execution issued thereon by serving the defendant and his
sureties with a rule nisi at least two days before a hearing on the rule
nisi. In the event that cash or property is accepted in lieu of bond or
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.
(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.
4886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 4.4. Appeal. The right of appeal and any bond as may
be required to secure the costs on appeal to the superior courts of
Oconee or Clarke 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 4.5. Rules for court. With the approval of the city
council, the judge shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court. How-
ever, 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 inspec-
tion, and, upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to said proceed-
ings.
Article V
Elections and Removal
Section 5.1. Applicability of general law. All primaries and
elections shall be held and conducted in accordance with the Georgia
Municipal Election Code, Title 34A of the Code of Georgia of 1933
GEORGIA LAWS 1982 SESSION
4887
(Ga. L. 1968, p. 885), as now or hereafter amended, and other general
laws.
Section 5.2. Special elections; vacancies. In the event that the
office of mayor or council member shall become vacant for any cause
whatsoever, the city council or those remaining shall order a special
election to fill the balance of the unexpired term of such office.
However, if such vacancy occurs within five months of the expiration
of the term of that office, the city council or those remaining shall
appoint a successor for the remainder of the term. In all other
respects, the special election shall be held and conducted in accord-
ance with the Georgia Municipal Election Code, Title 34A of the
Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter
amended, and other general laws.
Section 5.3. Other provisions. Except as otherwise provided by
this charter, the city council shall by ordinance prescribe such rules
and regulations it deems appropriate to fulfill any options and duties
under the Georgia Municipal Election Code, Title 34A of the Code
of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended,
and other general laws.
Section 5.4. Election of the city council and mayor. There shall
be a municipal general election annually on the first Tuesday in
December. There shall be elected the mayor and two council members
in one election and every other election thereafter. The remaining
two city council seats shall be filled at the election alternating with
the first group such that a continuing body is created.
Section 5.5. 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 5.6. Election by plurality. The person receiving a
plurality of the votes cast for any city office shall be elected.
Section 5.7. Grounds for removal. The mayor, council members,
or others provided for in this charter shall be removed from office for
any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
4888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this
charter;
(5) Abandonment of office or neglect to perform the duties
thereof; or
(6) Failure for any other cause to perform the duties of
office as required by this charter or by state law.
Section 5.8. Procedure for removal. Removal of an above-
described officer may be accomplished by one of the following meth-
ods:
(1) By information filed in the Superior Court of Oconee
County as provided by state law; or
(2) By any other method as allowed by state law as enacted
or as hereafter amended.
Article VI
Property Tax
Section 6.1. Property tax. The city council may assess, levy, and
collect an ad valorem tax on all real and personal property within the
corporate limits of the city that is subject to such taxation by the state
and county. This tax is for the purpose of raising revenues to defray
the costs of operating the city government; providing governmental
services; the repayment of principal and interest on general obliga-
tions; and any other public purpose as determined by the city council
in its discretion.
Section 6.2. Millage rate, due dates, payment methods. The city
council, by ordinance, shall establish a millage rate for the city
property tax; a due date; and in what length of time these taxes must
be paid. The city council, by ordinance, may provide for the payment
of these taxes by installments or in one lump sum as well as authorize
the voluntary payment of taxes prior to the time when due.
GEORGIA LAWS 1982 SESSION
4889
Section 6.3. Occupation and business taxes. The city council by
ordinance shall have the power to levy such occupation or business
taxes as are not denied by general state law. Such taxes may be levied
on both individuals and corporations who transact business in this
city or who practice or offer to practice any profession or calling
therein to the extent such persons 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 6.9.
Section 6.4. 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 6.9. The city
council by ordinance may establish reasonable requirements for
obtaining or keeping such licenses as the public health, safety, and
welfare necessitates.
Section 6.5. Franchises. The city 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 city council shall deter-
mine the duration, provisions, terms, whether the same shall be
exclusive or nonexclusive, and the consideration for such franchises;
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-
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 6.6. Service charges. The city council by ordinance shall
have the power to assess and collect fees, charges, and tolls for sewer,
sanitary, health services, or any other services rendered within and
without the corporate limits of the city for the total cost to the city of
4890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
providing such services. If unpaid, such charges shall be collected as
provided in Section 6.9.
Section 6.7. Special assessments. The city council by ordinance
shall have the power to assess and collect the cost of constructing,
reconstructing, widening, or improving any public way, street, side-
walk, 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 6.9.
Section 6.8. 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 6.9. Collection of delinquent taxes and fees. The city
council by ordinance may provide generally for the collection of
delinquent taxes, fees, or other revenue due the city under Sections
6.1 thru 6.8 by whatever reasonable means as are not precluded by
general state law. This shall include providing for the dates when the
taxes or fees are due; late penalties or interest; issuance and execution
of fi. fas.; creation and priority of liens; making delinquent taxes and
fees personal debts of the persons required to pay the taxes or fees
imposed; revoking city licenses for failure to pay any city taxes or fees;
allowing exceptions for hardship; and providing for the assignment or
transfer of tax executions.
Section 6.10. General obligation bonds. The city council shall
have the power to issue bonds for the purpose of raising revenue to
carry out any project, program, or venture authorized under this
charter or the general laws of the state. Such bonding authority shall
be exercised in accordance with the laws governing bond issuances by
municipalities in effect at the time said issue is undertaken.
Section 6.11. Revenue bonds. Revenue bonds may be issued by
the city council as state law now or hereafter provides. Such bonds
are to be paid out of any revenue produced by the project, program, or
venture for which they were issued.
Section 6.12. Short-term notes. The city must obtain and repay
any short-term loans between January 1 and December 31 of each
year or as is otherwise provided by present or future state law.
GEORGIA LAWS 1982 SESSION
4891
Section 6.13. Fiscal year. The city council shall set the fiscal
year by ordinance. This fiscal year shall constitute the budget year
and the year for financial accounting and reporting of each and every
office, department, agency, and activity of the city government,
unless otherwise provided by general state or federal law.
Section 6.14. Preparation of budgets. The city council shall
provide an ordinance on the procedures and requirements for the
preparation and execution of an annual operating budget and a
capital improvement program and a capital budget including require-
ments as to the scope, content, and form of such budgets and
programs.
Section 6.15. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 30 days
prior to the beginning of each fiscal year, the mayor shall submit to
the city council a proposed operating budget for the ensuing fiscal
year. The budget shall be accompanied by a message from the mayor
containing a statement of the general fiscal policies of the city, the
important features of the budget, explanations of major changes
recommended for the next fiscal year, a general summary of the
budget, and such other comments and information as he may deem
pertinent. The operating budget and the capital improvements
budget hereinafter provided for, the budget message, and all support-
ing documents shall be filed in the office of the city clerk and shall be
open to public inspection.
Section 6.16. Action by city council on budget, (a) The city
council may amend the operating budget proposed by the mayor,
except that the budget as finally amended and adopted must provide
for all expenditures required by state law or by other provisions of
this charter and for all debt service requirements for the ensuing
fiscal year, and the total appropriations from any fund shall not
exceed the estimated fund balance, reserves, and revenues.
(b) The city council by ordinance shall adopt the final operating
budget for the ensuing fiscal year not later than the first day of the
new 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
4892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
out the estimated revenues in detail by sources and making appropri-
ations according to fund and by organizational unit, purpose, or
activity as set out in the budget preparation ordinance under Section
6.14.
(c) The amount set out in the adopted operating budget for each
organizational unit shall constitute the annual appropriation for
such, and no expenditure shall be made or encumbrance created in
excess of the otherwise unencumbered balance of the appropriations,
or allotment thereof, to which it is chargeable.
Section 6.17. Tax levies. 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 at least be sufficient, together with other antici-
pated revenues, fund balances, and applicable reserves, to equal the
total amount appropriated for each of the several funds set forth in
the annual operating budget for defraying the expenses of the general
government of this city.
Section 6.18. Changes in appropriations. The city council by
ordinance may make changes in the appropriations contained in the
current operating budget, at any regular meeting or special or emer-
gency meeting called for such purpose, but any additional appropri-
ations may be made only from an existing unappropriated surplus in
the fund to which it applies or on a revised estimate of revenue.
Section 6.19. Capital improvements budget. On or before the
date fixed by the city council but not later than 30 days prior to the
beginning of each fiscal year, the mayor shall submit to the city
council a proposed capital improvements budget with his recommen-
dations as to the means of financing the improvements proposed for
the ensuing fiscal year.
Section 6.20. Independent audit. There shall be an annual
independent audit of all city accounts, funds, and financial trans-
actions by a certified public accountant selected by the city council.
The audit shall be conducted according to generally accepted
accounting principles. Any audit of any funds by the state or federal
governments may be accepted as satisfying the requirements of this
charter. Copies of all audit reports shall be available at printing cost
to the public.
GEORGIA LAWS 1982 SESSION
4893
Article VII
General Provisions
Section 7.1. Eminent domain. The city council is hereby
empowered to acquire, construct, operate, and maintain public ways,
parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, 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 Chapter
36-202 of the Georgia Code, subject to such amendments as shall be
enacted, or any other Georgia law applicable now or provided in the
future.
Section 7.2. Official bonds. The officers and employees of this
city, both elective and appointive, shall execute such official bonds in
such amounts and upon such terms and conditions as the city council
shall from time to time require by ordinance or as may be provided by
state law.
Section 7.3. Prior ordinances. All ordinances, bylaws, rules, and
regulations now in force in the city not inconsistent with this charter
are hereby declared valid and of full effect and force until amended or
repealed by the city council.
Section 7.4. Pending matters. Except as specifically provided
otherwise by this charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings shall continue and 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 7.5. 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.
4894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.6. 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 7.7. Not less than 30 nor more than 45 days before the
date of the December, 1982, municipal election, it shall be the duty of
the election superintendent of the City of Bogart to issue the call for
an election for the purpose of submitting this Act to the electors of the
City of Bogart for approval or rejection. The superintendent shall set
the date of such election for the date of the December, 1982, munici-
pal 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 Oconee County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act creating a new char-
( ) NO ter for the City of Bogart 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, then all sections of this Act other than this
Section 7.7 shall become effective on January 1, 1983; otherwise the
other provisions of this Act shall be void and of no force and effect.
The expense of such election shall be borne by the City of Bogart.
It shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 7.8. Repealer. An Act incorporating the City of Bogart
in the County of Oconee, approved August 23, 1905 (Ga. L. 1905, p.
670), is repealed in its entirety and all amendatory Acts thereto are
likewise repealed in their entirety. All other laws and parts of laws in
conflict with this charter are repealed.
GEORGIA LAWS 1982 SESSION
4895
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be requested to be intro-
duced at the regular 1982 Session of the General Assembly of Georgia
a bill to provide a new charter for the City of Bogart, Georgia, and to
repeal the old charter; and for other purposes.
This 21st day of December, 1981.
By Order of the
Mayor and Council
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 Oconee Enterprise which is the
official organ of Oconee County, on the following dates: Dec. 31,1981
& January 7, & 14,1982.
/s/ John Russell
Representative,
64th District
Sworn to and subscribed before me,
this 9th day of Feb., 1982.
/s/
Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
4896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY PERSONNEL BOARD
AND MERIT SYSTEM OF PERSONNEL
ADMINISTRATION.
No. 1341 (House Bill No. 1501).
AN ACT
To completely and exhaustively revise, supersede, consolidate,
and replace all of the laws and amendments thereto pertaining to the
Fulton County Personnel Board and the Fulton County Merit System
of Personnel Administration (Civil Service); to provide for the
appointment, removal, and compensation of members of the person-
nel board; to specify the powers, duties, and responsibilities of the
personnel board; to provide for the appointment, removal, and com-
pensation of the personnel director; to delineate the powers, duties,
and responsibilities of the personnel director; to authorize the person-
nel board to devise, promulgate, and amend or rescind implementing
personnel regulations, subject to approval by the county manager and
board of commissioners, designed to carry out the purposes and
intent of this Act; to authorize the establishment of a classified
service and an unclassified service; to affirm and continue the present
status of incumbents; to provide for the certification of payrolls; to
specify penalties and to provide criteria for employee appeals; to
authorize fidelity bonds for certain employees; to provide for sever-
ability; to provide an effective date; to provide a specific repealer; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. General purpose. The general purpose of this Act is to
completely and exhaustively revise, amend, reestablish, and continue
for Fulton County a high quality merit system of personnel adminis-
tration based upon accepted merit principles and recognized methods
governing the appointment, promotion, transfer, layoff, removal,
discipline, and well-being of employees who are governed by this Act,
GEORGIA LAWS 1982 SESSION
4897
and for related personnel actions associated with Fulton County
employment. All appointments and promotions to positions in the
Fulton County Civil Service shall be made on the basis of merit and
fitness to be ascertained by competitive examinations, unless exempt
by personnel regulations. No appointment to or separation from any
position shall be affected by or influenced in any manner by consider-
ation of race, religion, color, sex, age, or national origin unless
otherwise mandated by law. Equal opportunities for employment,
promotion, and other personnel transactions shall be offered on a
nondiscriminatory basis. Discrimination in employment with Fulton
County on account of race, color, religion, sex, national origin, age,
political affiliation, or handicap is specifically prohibited. This Act
encourages reasonable practices and procedures, consistent with
merit principles, that will assist all persons to be placed in positions
that are appropriate to their training, education, skills, experience,
knowledge, and abilities.
Section 2. Appointment, removal, and compensation of the
personnel board, (a) The Fulton County Personnel Board shall
consist of three members of known sympathy with the application of
merit principles to public employment who are current residents of
Fulton County and who shall have been such residents for a minimum
of two continuous years immediately preceding their appointments.
The current members of the personnel board shall continue to serve
until the expiration of their present terms and until their successors
are appointed and qualified. Thereafter, all appointments to the
personnel board shall be made as follows:
(1) The board of commissioners shall nominate members of
the personnel board subject to confirmation by a majority vote of
the board of commissioners; and
(2) All appointments shall be for a term of six years and the
members shall serve until their successors have been appointed
and qualified, except that a person appointed to fill a vacancy
created by death or resignation or otherwise occurring prior to the
expiration of such term shall be appointed on an interim basis for
the remainder of that term.
(b) A member of the personnel board may be removed by the
board of commissioners for cause only, after being given a copy of
charges against him or her and an opportunity to be heard publicly on
such charges by the board of commissioners. A copy of the charges
4898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and a transcript of the record of the hearing shall be filed with the
Secretary of State as a public record.
(c) The members of the personnel board shall be paid at a rate
established and approved by the Fulton County Commission for the
time actually devoted to the business of the personnel board.
(d) The personnel board shall annually in January elect one of
its members as chairman and one of its members as vice-chairman.
The personnel board shall meet in a Fulton County building at such
times as shall be specified by call of the chairman or by the personnel
director acting on behalf of the personnel board. At least one meeting
shall be held in each month. All meetings shall be open to the public,
except that hearings on employee appeals shall be conducted in
accordance with the provisions of Chapter 14 of Title 50 of the
Official Code of Georgia Annotated (Ga. L. 1972, p. 575, until
November 1,1982). Notice of each meeting shall be given in writing to
each member by the personnel director at least three days in advance
of the meeting. Two members shall constitute a quorum for the
transaction of business. In the absence of the chairman, the vice-
chairman shall preside.
(e) The personnel board office shall be located at the seat of
Fulton County government. All official books and records of the
board shall remain in the custody of the personnel director.
(f) Adequate annual appropriations shall be made to enable the
personnel board to carry out effectively the provisions of this Act.
The board of commissioners shall authorize and allow the reasonable
use of office space and necessary logistical support to facilitate the
work of the personnel board.
Section 3. Powers, duties, and responsibilities of the personnel
board. The personnel board acting as a body shall have the following
delegated powers, duties, and responsibilities:
(1) To devise, publish, and amend or rescind detailed imple-
menting personnel regulations as necessary to accomplish the
purposes and intent of this Act, subject to approval by the county
manager and board of commissioners. Said personnel regulations
or amendments shall become effective and have the force and
effect of law upon their being approved and the personnel director
shall then have the authority to carry out their provisions. In the
GEORGIA LAWS 1982 SESSION
4899
administration of this Act, appointing authorities and employees
are enjoined to comply with the provisions of such personnel
regulations;
(2) To be responsible for the oversight and policy direction
of a county-wide merit system of public employment and adminis-
tration, conducted and directed by a personnel director who is
supervised by the county manager;
(3) To recommend personnel policies and to require the
enforcement, implementation, and observance of this Act, as set
forth more fully in the detailed personnel regulations promulgated
under the authority provided herein;
(4) To conduct hearings and investigations, render deci-
sions, and order execution of those decisions on proper cases
brought before the personnel board;
(5) To submit appropriate recommendations to the county
manager and the board of commissioners concerning new or
revised position classifications, salary ranges, salary rates and
schedules, compensation plans, and other similar documents,
policies, and procedures relating to the business of the board;
(6) To represent the public interest in the improvement of
personnel administration in the county service;
(7) To advise the county manager and the board of commis-
sioners concerning personnel matters;
(8) To publish an annual report as of December 31 each year
covering county personnel administration and operations; and
(9) To take other necessary lawful actions consistent with
the purposes and intent of this Act.
Section 4. Appointment, removal, and compensation of the
personnel director, (a) The department head (appointing authority)
in charge of the personnel department shall be designated as the
personnel director, who shall have been found through prior invest-
igation to be competent, honest, trained and experienced in personnel
administration and management, and who shall possess the pre-
scribed education and experience required for this position as deter-
4900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mined by the personnel board and county manager. The personnel
director shall be in known sympathy with the application of merit
principles and sound business practices in public employment. The
personnel director shall also serve as the executive agent for the
personnel board, in addition to other duties as the department head.
(b) The personnel director shall be nominated by the personnel
board, subject to approval by the county manager and confirmation
by a majority vote of the board of commissioners. The personnel
director shall take the same oath of office as the county commis-
sioners and shall give bond in a penal sum to be fixed by the board of
commissioners for faithful performance.
(c) The personnel director shall hold office during good behavior
and may be removed by the personnel board for cause only, after
being notified in writing stating the reasons for such removal. If
removed, the personnel director shall be given an opportunity to
appeal such removal to the county manager and the board of commis-
sioners and to answer any charges. The personnel director shall have
not less than 15 working days following the personnel boards action
to make such appeal. The statement of reasons and answer or
transcript of hearing shall be filed with the Secretary of State as a
public record.
(d) The term of office for the personnel director shall be four
years and until a successor is appointed and qualified. The incum-
bent personnel director shall be eligible for reappointment.
(e) The personnel director shall be paid a reasonable salary as
may be fixed by the board of commissioners.
Section 5. Powers, duties, and responsibilities of the personnel
director, (a) There shall be in the Fulton County government a
county personnel department, the executive head of which shall be a
personnel director. The personnel director shall direct and supervise
all of the administrative and technical activities of the personnel
department.
(b) In addition to the general duties imposed elsewhere in this
Act, it shall be the specific duty of the personnel director:
(1) To apply and carry out this Act and the personnel
regulations or amendments promulgated thereunder;
GEORGIA LAWS 1982 SESSION
4901
(2) To attend meetings of the personnel board, to carry out
its instructions as its executive agent, and to keep minutes of its
proceedings;
(3) To appoint and supervise such employees of the depart-
ment as may be authorized and necessary to carry out effectively
the provisions of this Act. Such employees shall be in the
classified service;
(4) To establish and maintain appropriate and pertinent
rosters, records, and documents for all employees in the county,
except for contract and fee-basis employees, in which there shall
be set forth as to each employee the class title, appointment and
termination data, pay and status, attendance, and other pertinent
data as may be deemed necessary;
(5) To prepare, recommend, and administer the Fulton
County Merit System including personnel regulations, position
classification plan, annual pay schedule and compensation plan,
and all other similar relevant materials following county policies
and regulations established and approved from time to time for
the proper administration and execution of this Act;
(6) To incur necessary expenses for the administration of
this Act, as appropriated by the board of commissioners;
(7) To conduct recruitment activities including examina-
tion and certification of eligible applicants;
(8) To encourage appropriate and reasonable actions con-
sistent with merit principles and this Act; in coordination with the
county manager and other appointing authorities, to achieve and
maintain an equitable balance of placement of all racial minorities
and females into county positions so that such persons are reason-
ably proportionate to the working-age population of Fulton
County as determined by the latest decennial United States
census figures;
(9) To implement approved personnel transactions such as
appointments, promotions, transfers, demotions, suspensions, dis-
missals, resignations, leaves of absence, and all other related
activities pertaining to the proper administration of the county
merit system and this Act;
4902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) To check and certify all payrolls and exceptions relating
to the pay of all Fulton County employees, as provided in Section
8 of this Act;
(11) To recommend to the personnel board and to the board
of commissioners the proper classes and salary ranges for all new
and reclassified positions;
(12) To require the attendance of witnesses and the produc-
tion of books, papers, public records, and other documentary
evidence pertinent to any investigation in connection with the
administration of this Act. The personnel director shall have the
power, as executive agent of the personnel board, to issue subpoe-
nas, receive relevant evidence, administer oaths, and question
witnesses;
(13) To assist the personnel board in hearing employee
appeals and in other business of the personnel board;
(14) To prepare an annual report as of December 31 of each
year covering the detailed activities and operations of the person-
nel department;
(15) To prepare an annual salary budget forecast pertaining
to the numbers and classes of personnel, positions, salaries, length
of service, increments, distribution of employees by department,
and other pertinent information needed for budgeting salaries for
the ensuing budget year;
(16) To enhance employee relations and encourage the main-
tenance of a loyal and contented work force; and
(17) To perform any and all other lawful acts as required to
implement the purposes and intent of this Act.
Section 6. Classified and unclassified services, (a) The classi-
fied service to which this Act applies shall comprise all tenured
classes and positions in the Fulton County Merit System now existing
or that may hereafter be established except for those specifically
designated as being in the unclassified service enumerated in (b)
below.
GEORGIA LAWS 1982 SESSION
4903
(b) The unclassified service shall comprise all of the following
categories, classes, and positions:
(1) The Fulton County Board of Commissioners and all
other officers who are elected by popular vote and persons
appointed to fill vacancies in elective offices;
(2) All judges, members of boards, commissions, regulatory
agencies, and other elected or appointed heads of departments,
provided that the term head of department as used in this
section shall mean the executive head of a department who is
directly responsible for formulating and executing policies and
who is vested with discretion as to acts, being solely responsible for
the administration of the department concerned. An employee
performing purely functional or administrative duties shall not be
classified as the head of a department;
(3) Official court reporters in any Fulton County court of
record;
(4) All classes and positions now existing or that may here-
after be created and established as unclassified on range in pay
schedules and compensation plans;
(5) All classes and positions now existing or that may here-
after be created and established as unclassified set rate posi-
tions by the county manager or county commissioners;
(6) All classes and positions now existing or that may here-
after be created and established as unclassified under any
federal or state-funded program;
(7) Persons temporarily appointed or designated to make or
conduct a special inquiry, investigation, examination or special
duties where such appointment or designation is approved by the
county manager or board of commissioners;
(8) Members of the legal department of Fulton County and
secretaries assigned to such department but not to include any
secretary presently serving in such department in the classified
service;
4904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) Individuals who perform services on a contract or fee
basis.
(c) Provided further that the unclassified employees of any
department of Fulton County may be integrated into the classified
service and be governed by all of the provisions of this Act and the
personnel regulations promulgated hereunder at any time in the
future that a majority of the unclassified employees in the said
department shall sign a petition requesting to be so classified to be
effective on a date certain and shall file said petition with the
personnel board. Upon approval and certification of the accuracy and
propriety of such petition by the personnel board, all such employees
shall be admitted into the classified service and shall thereafter be
governed by all laws, rules, regulations, and policies applicable
thereto.
Section 7. Status of incumbents. All permanent employees in
the classified service prior to the enactment of this Act shall retain
their current status with no loss of rights, privileges, and obligations.
All classified employees in other than permanent status shall retain
their relative positions and status under this Act. The enactment of
this statute shall in no way change the salary, pay increment date, or
any other benefit, emolument, or privilege to which an employee was
entitled on the effective date of this Act.
Section 8. Certification of payrolls, (a) Payment shall not be
made to any classified or unclassified employee unless the payroll
bears the certification of the personnel director or of his authorized
agent that the persons named therein have been appointed and
employed in accordance with the provisions of this Act and the
personnel regulations promulgated thereunder. The personnel direc-
tor may, for proper cause, withhold certification from an entire
payroll or from any specific item or items thereon.
(b) There shall be a single omnibus certificate prepared covering
the payrolls for each department and all employees therein when all
pending transactions have been completed. Such certificate shall be
worded as follows:
CERTIFICATE
I hereby certify that the records of the personnel department
indicate that the employees listed on this payroll were appointed
GEORGIA LAWS 1982 SESSION
4905
within the provisions of the Civil Service Act; that the positions listed
were approved by the county manager and board of commissioners;
and that the salaries are in accordance with the pay schedule and
compensation plan.
Personnel director
(c) The personnel director may authorize the release of payrolls
before final certification in order to avoid undue delays involving
pending personnel transactions.
(d) Any person appointed or employed in contravention to any
provision of this Act or of the personnel regulations thereunder who
performs service for which he is not paid may maintain an action at
law to recover the agreed pay for such service. If the personnel
director wrongfully withholds certification of the payroll voucher or
account of any employee, such employee may maintain an action at
law to compel such certification.
(e) Practices and procedures not in accordance with this Act or
the personnel regulations thereunder shall be forwarded as payroll
exceptions to the director of finance who shall treat such exceptions
in the same manner as all other audit exceptions.
Section 9. Penalties and appeals, (a) An appointing authority
(department head) may dismiss, demote, suspend, or otherwise disci-
pline any Fulton County employee for sufficient, just, and proper
cause as defined and specified by the personnel board, including but
not limited to the willful violation of any provision of this Act or the
personnel regulations thereunder.
(b) Any penalties or disciplinary actions that may be imposed
shall be stated in writing to the employee prior to the effective date of
such action. An employee who is so penalized or disciplined shall have
an opportunity to respond to the action and shall have the right to
appeal as set forth below and in applicable personnel regulations.
(c) Any permanent Fulton County employee in the classified
service who is dismissed, suspended, demoted, or otherwise disci-
plined for cause, whereby he suffers any loss in salary, grade, or
classification, shall have the right to appeal such action to the
personnel board. Such appeal shall be made in writing within ten
4906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
working days from the date of his being notified of the action. The
grounds for such appeals to the personnel board are limited to those
cases wherein personal, political, or religious reasons are alleged by
the appellant. Unclassified employees, temporary employees, and
other nonpermanent employees do not have the right to appeal
disciplinary actions taken against them to the personnel board, but
such employees may file grievances through supervisory channels.
Detailed procedures for the conduct of all appeals shall be set forth in
the personnel regulations as provided by this Act.
(d) The personnel board, after arriving at a final decision on an
appeal, shall cause an order to be prepared within 30 calendar days
setting forth their decision and directing appropriate remedies, if any,
to resolve the appeal. The decision of the personnel board in such
cases shall be final and conclusive, in the absence, of an appellate
review in the courts. Copies of the board order shall be made a matter
of official record and shall be furnished to all parties at interest in the
matter.
(e) The personnel board may, within 30 days from the date of a
board order, on its own motion or on the motion of any party at
interest, reopen an appeal case and vacate, modify, or revise its
former order so as to lessen but not increase the penalty imposed; but
after the end of such 30 days, the personnel board shall not have
authority to reopen a case for any reason.
Section 10. Bonding, (a) As a condition of employment, any
employee who is or may be placed in any position of trust requiring or
involving any type of fiduciary relationship in the performance of
assigned duties may, at the option of the appointing authority
(department head) in charge of the department concerned, be
required to be indemnified by a fidelity bond for the faithful perfor-
mance of assigned duties. The amount of such bond shall be fixed in a
reasonable penal sum not to exceed the total estimated value of any
and all goods, valuables, and assets of any type or description for
which such employees are liable, including but not limited to cash,
checks, negotiable instruments, or properties.
(b) Such a bond may also be required for appointed and elected
officials, at the discretion of the board of commissioners, acting as a
body.
GEORGIA LAWS 1982 SESSION
4907
(c) The premium for said bonds shall be paid from county funds
by the director of finance.
Section 11. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly declares that it would have passed the remaining parts of
this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional.
Section 12. Specific repealer. An Act authorizing the establish-
ment of a Civil Service Board and a Fulton County Civil Service merit
system of employment, approved March 15, 1943 (Ga. L. 1943, p.
971), as amended by an Act approved March 6,1945 (Ga. L. 1945, p.
850), an Act approved January 31,1946 (Ga. L. 1946, p. 245), an Act
approved February 25, 1949 (Ga. L. 1949, p. 1784), an Act approved
February 4, 1952 (Ga. L. 1952, p. 2009), an Act approved March 2,
1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2813), an Act approved
December 21, 1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 2716), an Act
approved December 21,1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 2775),
an Act approved February 8, 1955 (Ga. L. 1955, p. 2076), an Act
approved March 21, 1958 (Ga. L. 1958, p. 2760), an Act approved
March 10, 1959 (Ga. L. 1959, p. 3035), an Act approved March 17,
1960 (Ga. L. 1960, p. 3194), an Act approved March 28,1969 (Ga. L.
1969, p. 2435), an Act approved March 21,1970 (Ga. L. 1970, p. 3283),
an Act approved March 31, 1972 (Ga. L. 1972, p. 3282), an Act
approved April 10,1978 (Ga. L. 1978, p. 4669), and an Act approved
April 23,1978 (Ga. L. 1978, p. 4346), is repealed in its entirety.
Section 13. Effective date. This Act shall become effective on
July 1,1982.
Section 14. General repealer. All laws and parts of laws in
conflict with this Act are repealed.
4908 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
1982 Session of the General Assembly of Georgia, a bill completely
and exhaustively revising, superseding, consolidating and replacing
all of the laws and amendments pertaining to the Fulton County
Personnel Board and the Fulton County Merit System of Personnel
Administration (Civil Service) and for other purposes.
This 23rd day of December, 1981.
John Tye Ferguson
Associate County
Attorney,
Fulton County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Cynthia Fuller who, on oath, deposes
and says that he/she is Representative from the 27th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fulton County Daily News which is
the official organ of Fulton County, on the following dates: Dec. 24,
31,1981 & Jan. 7,1982.
/s/ Cynthia Fuller
Representative,
27th District
GEORGIA LAWS 1982 SESSION
4909
Sworn to and subscribed before me,
this 22nd day of January, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
DOWNTOWN MARIETTA DEVELOPMENT
AUTHORITY ACT AMENDED.
No. 1343 (House Bill No. 1725).
AN ACT
To amend an Act creating the Downtown Marietta Development
Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as
amended, so as to enlarge the Downtown Marietta District; to provide
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. L. 1971, p. 3459), as
amended, is amended by adding at the end of Section 3 the following:
Also, all that tract or parcel of land lying and being in Land Lot
1290 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at the intersection of the South side of Reynolds
Street and the West side of Powder Springs Road, and running
thence southerly along Powder Springs Road 222 feet, more or
less, to the center line of the abandoned right of way of West Goss
4910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Street; running thence westerly along the center line of the
abandoned right of way of West Goss Street 495 feet, more or less,
to an alley; running thence northerly along said alley 214 feet to
the South side of Reynolds Street; running thence easterly along
the South side of Reynolds Street 505 feet, more or less, to the
West side of Powder Springs Road and the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1290 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at the intersection of the center line of the aban-
doned right of way of West Goss Street with the West side of the
right of way of Powder Springs Road, and running thence south-
erly along the West side of Powder Springs Road 124 feet to a
point and corner; running thence westerly 294.3 feet to a point and
corner; running thence northerly 124 feet to a point and corner on
the center line of the abandoned right of way of West Goss Street;
running thence easterly along the center line of the abandoned
right of way of West Goss Street 289 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1291 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at the Northeast corner of Land Lot 1291 where
the East line of said Land Lot intersects the South side of
Trammell Street, and running thence South 0 08 22 West along
property owned by Philip L. Secrist and along the West line of the
Downtown Marietta District 245.44 feet to the North side of
Reynolds Street; running thence westerly along the North side of
Reynolds Street 180 feet, more or less, to the property now or
formerly owned by Bassler; running thence northerly along said
Bassler property 250 feet, more or less, to the South side of
Trammell Street; running thence easterly along the South side of
Trammell Street 180 feet, more or less, to the point of beginning,
and being known as Nos. 143-145 Trammell Street, Marietta,
Georgia.
Also included are those portions of the rights of way of Powder
Spring Road and Reynolds Street bounded on both sides by property
within the District and annexed property, and bounded on both sides
by annexed property.
GEORGIA LAWS 1982 SESSION
4911
Also, all that tract or parcel of land lying and being in Land Lots
1218, 1219, 1230 and 1231 of the 16th District, 2nd Section, City of
Marietta, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING at a point on the South side of Whitlock
Avenue at the intersection thereof with the West side of Powder
Springs Street, and running thence westerly along the South side
of Whitlock Avenue 95 feet to property of the City of Marietta
known as the Dosser House, and running thence southerly along
said Marietta property 267 feet to a point and corner; running
thence easterly along property of the YWCA 178 feet to a point
and corner on the West side of Powder Springs Street; running
thence northerly along the West side of Powder Springs Street 253
feet to a point and corner; running thence northwesterly along
Powder Springs Street 54 feet to its point of intersection with the
South side of Whitlock Avenue and the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lots
1219 and 1230 of the 16th District, 2nd Section, City of Marietta,
Cobb County, Georgia, and being more particularly described as
follows:
BEGINNING at a concrete marker located on the southerly
right of way of Whitlock Avenue 97 feet East of the intersection
thereof with the East side of Wright Street, and running thence
easterly along the southerly right of way of Whitlock Avenue 90
feet to a point and corner; running thence southerly 320.7 feet to
an iron pin and corner; running thence westerly for a distance of
96.3 feet to an iron pin and corner; running thence northerly for a
distance of 328.9 feet to the concrete marker at the point of
beginning.
Also, all that tract or parcel of land lying and being in Land Lots
1219 and 1230 of the 16th District, 2nd Section, City of Marietta,
Cobb County, Georgia, and being more particularly described as
follows:
BEGINNING at the intersection of the South side of
Whitlock Avenue and the East side of Wright Street, and running
thence easterly along Whitlock Avenue 97 feet to a concrete
marker; running thence southerly 325 feet to a point and corner;
running thence westerly 97 feet along the South side of a ten-foot
4912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
easement to the East side of Wright Street; running thence
northerly along the East side of Wright Street 335 feet to the point
of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1159 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the North side of the sidewalk
of Lemon Street 75.5 feet East of the intersection thereof with the
East side of Church Street at the Southeast corner of property
belonging to the City of Marietta (formerly known as the Clarke
Library); and running thence East along the North side of Lemon
Street 93 feet to an iron pin at the Southwest corner of property
now or formerly belonging to Cogburn 133.5 feet West of the West
side of Cherokee Street; running thence North 100 feet to an iron
pin and corner; running thence West 91.6 feet to an iron pin and
corner; running thence South along City of Marietta property 98.8
feet to the iron pin at the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1159 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at a point on the West side of Cherokee Street
91 feet North of the intersection thereof with the North side of
Lemon Street, and running thence West 131 feet to an iron pin
and corner; running thence North 92 feet to a corner; running
thence East 131 feet to the West side of Cherokee Street; running
thence South along the West side of Cherokee Street for a distance
of 91 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1159 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at the intersection of the East side of Church
Street and the South side of Ardis Street, and running thence
easterly along the South side of Ardis Street 310 feet to the West
side of Cherokee Street; running thence southerly along Cherokee
Street 100 feet to a point and corner; running thence westerly 310
feet to a point and corner on the East side of Church Street;
running thence northerly along the East side of Church Street 100
feet to the point of beginning.
GEORGIA LAWS 1982 SESSION
4913
Also, all that tract or parcel of land lying and being in Land Lot
1159 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the Southeast corner of the
intersection of Cherokee Street and Forest Avenue, and running
thence easterly along the South side of Forest Avenue 65 feet to an
iron pin and corner; running thence southerly 164.53 feet to a
point and corner on the South side of an ingress and egress
easement; running thence westerly 65 feet along the South side of
said easement to a point and corner on the East side of Cherokee
Street; running thence northerly along the East side of Cherokee
Street 164.53 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1159 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the East side of Cherokee
Street 53.5 feet North of the intersection thereof with the North
side of Lemon Street, and running thence northerly along the East
side of Cherokee Street 94 feet to an iron pin and corner on the
South side of an ingress and egress easement; running thence
easterly 273 feet to an iron pin and corner; running thence
southerly 94 feet to an iron pin and corner; running thence
westerly 273 feet to an iron pin and corner on the East side of
Cherokee Street and the point of beginning.
Also, all that tract or parcel of land lying and being in the City of
Marietta, Cobb County, Georgia, and being known as No. 301 Wash-
ington Avenue, and being more particularly described as follows:
BEGINNING at the intersection of the North side of Wash-
ington Avenue with the East side of Cole Street, and running
thence in an easterly direction 108.18 feet along the North side of
Washington Avenue to an iron pin; running thence in a northerly
direction a distance of 135.53 feet to an iron pin; running thence
West a distance of 108.77 feet to an iron pin located on the East
side of Cole Street; running thence South and along the East side
of Cole Street a distance of 141.35 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.
4914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 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 3450) as heretofore
amended, and for other purposes.
This 31st day of December 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: Jan. 8,15 & 22,
1982.
/s/ Joe Mack Wilson
Representative,
19th District
GEORGIA LAWS 1982 SESSION
4915
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CITY OF KENNESAW CORPORATE LIMITS.
No. 1344 (House Bill No. 1728).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw,
approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to
change the corporate limits of the city; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as
amended, is amended by adding at the end of Section 1.02 the
following:
The corporate limits of the City of Kennesaw shall also include
the following described parcels and tracts of land:
(1) TRACT ONE. All that tract or parcel of land lying and
being in Land Lots 139,165,166, and 178 of the 20th District, 2nd
Section, Cobb County, Georgia, and being a portion of the right of
way of Pine Mountain Road and being more particularly
described as follows:
4916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEGINNING at a point formed by the intersection of the
southeasterly right of way line of Pine Mountain Road and the
southwesterly right of way line of Kennesaw Drive, running thence
in a general southwesterly direction along the southeasterly right
of way line of Pine Mountain Road (said right of way line at some
points also being a boundary line of the City Limits of Kennesaw,
Georgia) and following the curvatures thereof to a point on the
southeasterly right of way line of Pine Mountain Road due south
of a point formed by the intersection of the northwesterly right of
way line of Pine Mountain Road and the southerly right of way
line of Ellis Road; running thence due north across the right of
way of Pine Mountain Road to the point formed by the inter-
section of the southerly right of way line of Ellis Road and the
northwesterly right of way line of Pine Mountain Road; running
thence in a general northeasterly direction along the northwest-
erly right of way line of Pine Mountain Road and following the
curvature thereof to a point on the northwesterly right of way line
of Pine Mountain Road which is due north of the intersection of
the southwesterly right of way line of Kennesaw Drive and the
southeasterly right of way line of Pine Mountain Road; running
thence due south across the right of way of Pine Mountain Road to
the point formed by the intersection of the southwesterly right of
way line of Kennesaw Drive and the southeasterly right of way line
of Pine Mountain Road, said point being the point of beginning.
(2) TRACT TWO. All that tract or parcel of land lying and
being in Land Lot 128 of the 20th District, 2nd Section, Cobb
County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the northeasterly right of way line
of State Route 293 (Old U. S. Highway 41 a/k/a Old Dixie
Highway), said iron pin being 110.0 feet southeasterly as measured
along the northeasterly right of way line of State Route 293 from
the intersection formed by the northeasterly right of way line of
State Route 293 and the west line of Land Lot 128 of the 20th
District, 2nd Section, Cobb County, Georgia; running thence
south 43 degrees 49 48 east along the northeasterly right of way
line of said highway 150.92 feet to an iron pin; running thence
south 44 degrees 19 22 east along the northeasterly right of way
line of State Route 293 58.14 feet to an iron pin; running thence
north 24 degrees 17 03 east 708.52 feet to an iron pin; running
thence north 72 degrees 33 49 west 454.37 feet to an iron pin;
running thence south 0 degrees 16 31 west 631.52 feet to an iron
GEORGIA LAWS 1982 SESSION
4917
pin on the northeasterly right of way line of State Route 293, said
iron pin being the point of beginning.
(3) TRACT THREE. All that tract or parcel of land lying
and being in Land Lots 165 and 178 of the 20th District, 2nd
Section, Cobb County, Georgia, being more particularly described
as follows:
BEGINNING at a point on the northwesterly side of the right
of way of Pine Mountain Road as measured a distance of 163.2 feet
southwesterly from the intersection of said side of said road and
the north original line of Land Lot 178; thence north 74 degrees 45
west a distance of 432 feet to an iron pin; thence north 56 degrees
10 west a distance of 425 feet to an iron pin; thence due west 619
feet to a point and corner; thence south 01 degrees 0 west along
the east side of an easement a distance of 175 feet to a point;
thence southerly along the easterly side of the right of way of Ellis
Road and following the curvature thereof a distance of 346 feet to
an iron pin; thence north 78 degrees 0 east a distance of 412.4 feet
to an iron pin; thence south 59 degrees 30 east a distance of 716.3
feet to a point and corner; thence southerly a distance of 40 feet to
the northwesterly right of way of Pine Mountain Road; thence
northeasterly along the northwesterly side of Pine Mountain Road
right of way a distance of sixty feet to a point and corner; thence
north 59 degrees 30 west a distance of 418 feet to an iron pin;
thence northeasterly at an exterior angle of 88 degrees 0 a
distance of 418 feet to an iron pin; thence southeasterly at an
exterior angle of 105 degrees 0 a distance of 428 feet to the
northwesterly side of Pine Mountain Road and an iron pin; thence
northeasterly along said side of Pine Mountain Road a distance of
26.5 feet to an iron pin and the point of beginning, said tract
containing 10.35 acres, more or less.
(4) TRACT FOUR. All that tract or parcel of land lying and
being in Land Lot 141 of the 20th District, 2nd Section, Cobb
County, Georgia, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at
the southeast corner of Land Lot 141 of the aforesaid district and
section, running thence north 0 degrees 39 42 west along the east
line of said land lot, 1438.1 feet to an iron pin; running thence
north 13 degrees 03 18 west 389.1 feet to an iron pin, said iron pin
being the point of beginning. FROM SAID POINT OF BEGIN-
4918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NING THUS ESTABLISHED, running thence north 13 degrees
03 18 west 197.6 feet to a concrete monument; running thence
north 14 degrees 30 west 52.9 feet to a concrete monument on the
southeasterly right of way line of U. S. Highway 41 (a 200 foot
right of way); running thence northwesterly along the southwest-
erly right of way line of said highway and following the curvature
thereof an arc distance of 549.9 feet to an iron pin (the chord
subtending said arc being north 67 degrees 34 21 west 549.6 feet);
running thence south 0 degrees 30 25 east 215.6 feet to an iron
pin; running thence southeasterly an arc distance of 622.36 feet to
an iron pin (the chord subtending said arc being south 66 degrees
22 35 east 622.03 feet), said point being the point of beginning.
(5) TRACT FIVE. All that tract or parcel of land lying and
being in Land Lots 167,168, 175 and 206 of the 20th District, 2nd
Section, Cobb County, Georgia, and being a portion of the right of
way of State Route 293 (also known as Old U. S. Highway 41, also
known as Old Dixie Highway), and being more particularly
described as follows:
BEGINNING at a point formed by the intersection of the
southeasterly right of way line of McCollum Parkway and the
northeasterly right of way line of State Route 293; running thence
in a general southeasterly direction along the northeasterly right
of way line of State Route 293 to a point formed by the inter-
section of the northeasterly right of way line of State Route 293
and the northeasterly right of way line of U. S. Highway Number
41 (also known as Cobb Parkway); running thence northwesterly
along the northeasterly right of way line of U. S. Highway
Number 41 to the point formed by the intersection of the north-
easterly right of way line of U. S. Highway Number 41 and the
southwesterly right of way line of State Route 293; running thence
northwesterly along the southwesterly right of way line of State
Route 293 and following the curvatures thereof to a point formed
by the intersection of the southeasterly right of way line of
McCollum Parkway and the southwesterly right of way line of
State Route 293; running thence northeasterly along the south-
easterly right of way line of McCollum Parkway to a point formed
by the intersection of the southeasterly right of way line of
McCollum Parkway and the northeasterly right of way line of
State Route 293, said point being the point of beginning.
GEORGIA LAWS 1982 SESSION
4919
(6) TRACT SIX. All that tract or parcel of land lying and
being in Land Lots 90, 101, and 128 of the 20th District, 2nd
Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING at an iron pin at the intersection of the west-
erly right of way line of Moon Station Road (60 foot right of way)
and the south line of Land Lot 90 of the aforesaid district and
section; running thence south 88 degrees 39 42 west along the
south line of said land lot 1125.62 feet to an iron pin; running
thence south 0 degrees 04 32 west 527.73 feet to an iron pin;
running thence north 88 degrees 37 22 east 522.80 feet to an iron
pin; running thence north 88 degrees 43 11 east 216.69 feet to an
iron pin; running thence south 0 degrees 01 38 east 550.80 feet to
an iron pin; running thence north 89 degrees 06 22 east 398.66
feet to an iron pin on the westerly right of way line of Moon
Station Road; running thence south 0 degrees 33 48 west 544.82
feet to an iron pin; running thence southwesterly along the right of
way line of Moon Station Road an arc distance of 693.71 feet (the
chord subtending said arc being south 1 degree 32 50 west 691.36
feet); running thence south 1 degree 57 38 east 85.82 feet to an
iron pin; running thence south 5 degrees 50 09 east 212.40 feet to
an iron pin on the south line of Land Lot 101 of the aforesaid
district and section; running thence south 89 degrees 32 west
along the south line of said land lot 215.32 feet to an iron pin;
running thence south 19 degrees 39 03 west 807.34 feet to an iron
pin; running thence south 89 degrees 28 30 west 231.00 feet to a
point at the center line of a branch; running thence in a general
southwesterly direction along the center line of said branch and
following the meanderings thereof to a point, the traverses along
said branch being as follows: south 3 degrees 10 east 61.21 feet;
south 58 degrees 07 west 94.87 feet; south 28 degrees 27 45 west
80.10 feet; south 14 degrees 33 40 west 104.13 feet; south 43
degrees 51 25 west 154.91 feet; south 36 degrees 50 50 west
59.18 feet; south 23 degrees 48 55 west 148.22 feet; south 23
degrees 42 west 17.99 feet; running thence south 57 degrees 34
west 121.7 feet to an iron pin; running thence north 52 degrees 07
west 175.1 feet to an iron pin; running thence north 40 degrees 52
west 51.0 feet to an iron pin; running thence north 52 degrees 46
west 118.0 feet to an iron pin; running thence north 1 degree 31
east 394.8 feet to an iron pin; running thence north 1 degree 41
52 west 795.99 feet to an iron pin; running thence south 89
degrees 22 west 510.85 feet to an iron pin; running thence south 1
4920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
degree 23 12 east 826.06 feet to an iron pin; running thence south
12 degrees 56 west 56.2 feet to an iron pin; running thence north
88 degrees 19 west 189.8 feet to an iron pin; running thence south
1 degree 06 west 172.0 feet to an iron pin; running thence south 36
degrees 40 west 61.37 feet to an iron pin; running thence south 2
degrees 20 west 145.0 feet to an iron pin; running thence south 87
degrees 28 east 174.0 feet to an iron pin; running thence south 67
degrees 14 east 274.5 feet to an iron pin; running thence south 57
degrees 14 east 94.9 feet to an iron pin; running thence south 43
degrees 41 east 80.9 feet to an iron pin; running thence south 40
degrees 53 east 81.6 feet to an iron pin; running thence south 54
degrees 41 east 107.3 feet to an iron pin; running thence south 44
degrees 33 west 106.6 feet to an iron pinjrunning thence south 53
degrees 16 west 102.1 feet to an iron pin; running thence south 77
degrees 55 west 138.0 feet to an iron pin; running thence south 83
degrees 45 west 139.9 feet to an iron pin; running thence south 2
degrees 36 east 11.0 feet to an iron pin; running thence south 70
degrees 00 west 228.4 feet to an iron pin; running thence south 22
degrees 20 west 466.00 feet to an iron pin; running thence north 45
degrees 35 west 53.94 feet to an iron pin; running thence north 22
degrees 20 east 709.40 feet to an iron pin; running thence north 74
degrees 03 02 west 454.67 feet to an iron pin; running thence
north 01 degrees 12 42 west 1459.49 feet to an iron pin on the
south line of Land Lot 101 of the aforesaid district and section;
running thence north 88 degrees 46 18 east along the south line
of said land lot 399.74 feet to an iron pin; running thence north 0
degrees 11 54 east 2591.40 feet to an iron pin on the north line of
Land Lot 101; running thence north 88 degrees 44 02 east along
the north line of said land lot 501.91 feet to an iron pin; running
thence north 00 degrees 38 50 west 1592.09 feet to an iron pin;
running thence north 77 degrees 06 11 west 256.81 feet to an iron
pin; running thence north 36 degrees 25 14 west 753.74 feet to an
iron pin on the southeasterly right of way line of Giles Road (50
foot right of way); running thence northeasterly along the south-
easterly right of way line of Giles Road an arc distance of 305.75
feet to an iron pin (the chord subtending said arc being north 38
degrees 08 31 east 300.24 feet); running thence south 36 degrees
26 16 east 755.41 feet to an iron pin; running thence north 83
degrees 33 26 east 62.64 feet to an iron pin; running thence north
89 degrees 32 east 1618.50 feet to an iron pin on the westerly right
of way line of Moon Station Road; running thence south 1 degree
02 11 east along the westerly right of way line of said road 789.48
feet to an iron pin; running thence southerly along the westerly
GEORGIA LAWS 1982 SESSION
4921
right of way line of Moon Station Road and following the cur-
vature thereof an arc distance of 196.35 feet to an iron pin (the
chord subtending said arc being south 0 degrees 51 23 east 196.20
feet); running thence south 0 degrees 22 54 east along the
westerly right of way line of Moon Station Road 883.05 feet to an
iron pin; said iron pin being the point of beginning.
(7) TRACT SEVEN. All that tract or parcel of land lying
and being in Land Lots 140 and 141 of the 20th District, 2nd
Section, Cobb County, Georgia, and being a portion of the right of
way of U. S. Highway No. 41 (also known as Cobb Parkway), and
being more particularly described as follows:
BEGINNING at a point formed by the intersection of the
northeasterly right of way line of U. S. Highway No. 41 and the
southerly right of way line of Rutledge Road, running thence in a
general southeasterly direction along the northeasterly right of
way line of U. S. Highway No. 41 and following the curvatures
thereof to a point formed by the intersection of said right of way
and the existing limits of the City of Kennesaw in Land Lot 140 of
the aforesaid district and section; running thence southwesterly
and crossing the right of way of said highway and following the
existing limits of the City of Kennesaw to a point on the south-
westerly right of way line of U. S. Highway No. 41; running thence
northwesterly along the southwesterly right of way line of U. S.
Highway No. 41, a portion of said right of way also being the
existing limits of the City of Kennesaw, and following the cur-
vatures thereof to a point on the southwesterly right of way line of
U. S. Highway No. 41, said point being due south of the inter-
section of the northeasterly right of way line of U. S. Highway No.
41 and the southerly right of way line of Rutledge Road; running
thence due north across the right of way of U. S. Highway No. 41
to the point formed by the intersection of the northeasterly right
of way line of said highway and the southerly right of way line of
Rutledge, said point being the point of beginning, said right of way
being 200 feet in width.
(8) TRACT EIGHT. All that tract or parcel of land lying
and being in Land Lots 167,176,175, 206, 207 and 208 of the 20th
District, 2nd Section, Cobb County, Georgia, and being a portion
of the right of way of U. S. Highway No. 41 (also known as Cobb
Parkway) and being more particularly described as follows:
4922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEGINNING at a point on the northeasterly right of way line
of U. S. Highway No. 41 at the intersection of the northeasterly
right of way line of said highway and the southeasterly right of way
line of Kennesaw Due West Road, running thence southeasterly
along the northeasterly right of way line of U. S. Highway No. 41
and following the curvatures thereof to a point formed by the
intersection of the northeasterly right of way line of U. S. High-
way No. 41 and the northwesterly right of way line of New Roberts
Road; running thence due south across the right of way of U. S.
Highway No. 41 to a point on the southwesterly right of way line of
U. S. Highway No. 41; running thence northwesterly along the
southwesterly right of way line of said highway and following the
curvatures thereof to a point formed by the intersection of the
southwesterly right of way line of U. S. Highway No. 41 and the
southeasterly right of way line of Kennesaw Due West Road;
running thence northeasterly across the right of way of U. S.
Highway No. 41 to a point formed by the intersection of the
northeasterly right of way line of said highway and the southeast-
erly right of way line of Kennesaw Due West Road, said point
being the point of beginning, said right of way being 200 feet in
width.
(9) TRACT NINE. All that tract or parcel of land lying and
being in Land Lots 90, 91, 100, 101, 128 and 129 of the 20th
District, 2nd Section, Cobb County, Georgia, and being a portion
of the right of way of Harris Street, also known as Moon Station
Road (a 60 foot right of way) and being more particularly
described as follows:
BEGINNING at a point on the northeasterly right of way line
of Harris Street also known as Moon Station Road where said
right of way line intersects the existing boundary of the City of
Kennesaw, running thence northwesterly and northerly along the
east right of way line of said road and following the curvatures
thereof to a point in Land Lot 91 of the aforesaid district and
section, said point being 1868.88 feet northerly as measured along
the easterly right of way line of said road from the intersection of
the easterly right of way line of said road the south line of Land
Lot 91 of the aforesaid district and section; running thence
westerly across the right of way of said road to an iron pin on the
westerly right of way line of said road in Land Lot 90 of the
aforesaid district and section; running thence southerly along the
westerly right of way line of said road and following the curvatures
GEORGIA LAWS 1982 SESSION
4923
thereof to a point in Land Lot 129 of the aforesaid district and
section where the said right of way line of said road intersects the
existing boundaries of the City of Kennesaw; running thence
easterly across the right of way of said road and following the
existing boundaries of the City of Kennesaw to a point on the
easterly right of way line of said road, said point being the point of
beginning.
Also, All that tract or parcel of land lying and being in Land
Lots 90 and 101 of the 20th District, 2nd Section, Cobb County,
Georgia, and being the right of way of Moon Station Court (a 50
foot right of way) and being more particularly described as follows:
BEGINNING at a point in Land Lot 101 of the aforesaid
district and section formed by the intersection of the southwest-
erly right of way line of Moon Station Court and the westerly right
of way line of Moon Station Road; running thence northwesterly,
northerly, northeasterly and easterly along the southwesterly,
westerly, northwesterly and northerly right of way line of Moon
Station Court and following the curvatures thereof to a point in
Land Lot 90 of the aforesaid district and section formed by the
intersection of the northerly right of way line of Moon Station
Court and the westerly right of way line of Moon Station Road;
running thence southerly along the westerly right of way line of
Moon Station Road to a point formed by the intersection of the
westerly right of way line of Moon Station Road and the southerly
right of way line of Moon Station Court (said point being in Land
Lot 90 of the aforesaid district and section); running thence
westerly, southwesterly, southerly and southeasterly along the
southerly, southeasterly, easterly and northeasterly right of way
line of Moon Station Court and following the curvature thereof to
a point in Land Lot 101 of the aforesaid district and section
formed by the intersection of the northeasterly right of way line of
Moon Station Court and the westerly right of way line of Moon
Station Road; running thence southerly along the westerly right of
way line of Moon Station Road to a point formed by the inter-
section of the westerly right of way line of Moon Station Road and
the southwesterly right of way line of Moon Station Court, said
point being the point of beginning.
(10) TRACT TEN. All that tract or parcel of land lying and
being in Land Lots 178 and 179 of the 20th District, 2nd Section,
Cobb County, Georgia, and being a portion of the right of way of
4924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Ellis Road (a 50 foot right of way) and being more particularly
described as follows:
BEGINNING at a point formed by the intersection of the
northwesterly right of way line of Pine Mountain Road and the
northerly right of way line of Ellis Road, running thence westerly,
northwesterly, northerly, northeasterly, northerly and northwest-
erly along the northerly, northeasterly, easterly, southeasterly,
easterly and northweasterly right of way line of Ellis Road and
following the curvatures thereof to a point formed by the inter-
section of the northeasterly right of way line of Ellis Road and the
north line of Land Lot 178 of the aforesaid district and section;
running thence southwesterly across the right of way of said Ellis
Road to a point formed by the intersection of the southwesterly
right of way line of said road and the west line of Land Lot 178 of
the aforesaid district and section; running thence southeasterly,
southerly, southwesterly, southerly, and southeasterly along the
southwesterly, westerly, northwesterly, westerly and southwest-
erly right of way line of Ellis Road and following the curvatures
thereof to a point formed by the intersection of the southwesterly
right of way line of Ellis Road and the northwesterly right of way
line of Pine Mountain Road; running thence northeasterly along
the northwesterly right of way line of Pine Mountain Road and
crossing the right of way of Ellis Road to a point formed by the
intersection of the northwesterly right of way line of Pine Moun-
tain Road and the northerly right of way line of Ellis Road, said
point being the point of beginning.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend the
Charter of the City of Kennesaw (Ga. L. 1950, p. 2506) as amended to
create a new charter (Ga. L. 1971, p. 3620) as heretofore amended; and
for other purposes.
GEORGIA LAWS 1982 SESSION
4925
This 31st day of Dec. 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: Dec. 31,1981 &
Jan. 8,15 & 22,1982.
/s/ George W. Darden
Representative,
19th District
Sworn to and subscribed before me,
this 23rd day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
4926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WALKER COUNTY SMALL CLAIMS
COURT CREATED.
No. 1345 (House Bill No. 1812).
AN ACT
To create and establish a Small Claims Court of Walker County;
to prescribe the jurisdiction of said court; to prescribe the pleading
and practice in said court; to provide for the selection, 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 created and established a Small Claims
Court of Walker County. Said court shall have civil jurisdiction in
cases ex contractu in which the demand or value of the property
involved does not exceed $1,000.00, said jurisdiction to be concurrent
with the jurisdiction of any other court or courts now or hereafter
established in said county. Said jurisdiction shall include the power
to issue writs of garnishment and attachment and, in addition to the
powers herein specifically granted, all the powers granted to justices
of the peace by the laws of the State of Georgia.
GEORGIA LAWS 1982 SESSION
4927
Section 2. (a) In order to serve as judge of the small claims court
created by this Act, a person must meet the qualifications required
for justices of the peace.
(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
Walker 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
constable of a justice court, by a duly qualified bailiff of the small
claims court, or by any person not a party to, or otherwise interested
4928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 or the cost of service
received by the sheriff if served by him or his deputy. 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 $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 deter-
mined 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 illegal-
GEORGIA LAWS 1982 SESSION
4929
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
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.
4930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. The chief judge of the Superior Court of Walker
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 constables of any justice of the peace
court or other eligible persons as 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
15-17-8 of the Official Code of Georgia Annotated and give the bond
prescribed in Code Section 15-7-9 of the Official Code of Georgia
Annotated. Such bailiffs shall be subject to removal from office for
failure of duty or malfeasance in office, as are other lawful constables
of this state. The sheriff of said county and his deputies shall also
have the power and authority to serve summons, make levies and
sales, and serve as ex officio bailiffs of said court.
Section 15. A judgment of said small claims court shall become a
lien on both the real and personal property of a defendant, regardless
of where such property is situated within the state. Said judgment
shall become a lien at the time an execution based upon such
judgment is filed in the office of the clerk of the superior court for said
county and the entry thereof is made by the clerk in the general
execution docket for said county.
Section 16. Appeals may be had from judgments returned in the
small claims court to the superior court and the same provisions now
provided for by general law for appeals, contained in Chapter 5-3 of
the Official Code of Georgia Annotated, 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.
GEORGIA LAWS 1982 SESSION
4931
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 Walker 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
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
4932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notary Public
(or Attesting Official)
TO:
Notice.
Defendant
Home Address
or
Business Address
You are 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 Walker County
(Seal).
GEORGIA LAWS 1982 SESSION
4933
Section 18. The judge of the small claims court shall be the
elected justice of the peace in the county who is elected from the
Georgia Militia District in which the county seat is located.
Section 19. All office space, courtroom facilities, forms, docket
books, file jackets, filing cabinets, materials, equipment, and supplies
required by this Act, or necessary for the efficient operation of said
court, shall be furnished by the governing authority of the county.
They shall also provide a suitable room in the courthouse for the
holding of said court.
Section 20. Said small claims court shall have no designated
terms at stated periods. The judge thereof shall, in each instance, set
dates for all hearings and trials in each type of case. He shall also
designate the time or times for the return of attachments and
executions. A garnishee shall be required to file his answer not sooner
than 30 days and not later than 45 days after he is served with
summons. Whenever a garnishee shall fail or refuse to answer as
provided above, the judge may render a default judgment as provided
by law; 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
4934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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 repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to create the
Small Claims Court of Walker County; and for other purposes.
This 18th day of January, 1982.
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,
GEORGIA LAWS 1982 SESSION
4935
LaFayette which is the official organ of Walker County, on the
following dates: Feb. 3,10 & 27,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 26th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CITY OF MOLENA NEW CHARTER.
No. 1346 (House Bill No. 1908).
AN ACT
To amend, consolidate and supersede the several Acts of the
General Assembly of the State of Georgia pertaining to the City of
Molena in the County of Pike; to provide a new charter therefor; 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
prescribe the corporate powers and authority; to regulate the
appointment, qualifications, duties, authority 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
4936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
certain boards, commissions and departments 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 appointment of a recorder as presiding officer thereof; to
establish the jurisdiction, powers and duties of the recorder; 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, and the levy of assessments 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 collec-
tion 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; to repeal an Act creating a new charter for the City of Molena
in the County of Pike, approved August 23, 1905 (Ga. Laws 1905, p.
1018), as amended; to repeal certain other Acts affecting said city; to
repeal conflicting laws; 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 Molena, in Pike County, heretofore made a body
politic and corporate by Acts of the General Assembly of said State
shall continue a body politic and corporate, known by the corporate
name of the City of Molena, hereinafter also referred to as the
city.
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 bylaws 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, plead and be impleaded in all courts, have and use a
GEORGIA LAWS 1982 SESSION
4937
corporate 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 pur-
poses of said city. Said corporation, through its mayor and council-
men, shall have all of the powers and privileges incident to municipal
corporations under the laws of the State, and all other powers
necessary and proper to make, regulate, maintain and preserve a
proper and legal government for said city.
Section 1.3. Corporate Limits Designated. The corporate
limits of said city shall be a circle extending for a radius of three-
fourths of one mile from the intersection of the centerlines of Georgia
State Routes 109 and 18.
Section 1.4. Conveyance of Property Sold Under Pro-
cess 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 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 1.5. Interest in Contracts, Purchases, Sales
Prohibited. 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.
ARTICLE II. MAYOR AND COUNCIL
Section 2.1. Mayor, Five Councilmen, Elective Officers
of the City. The elective officers of the city shall consist of a mayor
and five (5) councilmen, who at the time of their election, must be
qualified and registered voters of said city. The mayor and council-
men now in office shall serve out the remainder of their terms after
the adoption of this charter, and until their successors are elected
and qualified. The five offices of councilmen shall be designated as
Post 1, Post 2, Post 3, Post 4, and Post 5. Any person desiring to offer
as candidate for councilman shall designate the post for which he is
offering for election.
4938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.2. Terms of Councilmen. Each councilman shall be
elected for a term of two (2) years, said election to be held on the first
Monday in November immediately preceding the expiration of his
term of office and shall take office on the first Monday in January of
the year following the election.
Section 2.3. Term of Mayor. The present mayor shall
conclude the term of his office. Any person elected mayor shall serve
a two (2) year term of office. The election of mayor shall be on the
first Monday in November immediately preceding the expiration of
his term of office and the newly elected mayor shall take office on the
first Monday in January of the year following the election.
Section 2.4. Residence Requirements: Effect of Change
of Residence. Should a councilman or the mayor remove his resi-
dence 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
Sections 2.5 and 2.6, whichever is applicable.
Section 2.5. Vacancy in Office of Mayor. In the event the
office of the mayor shall become vacant by death, resignation,
removal or otherwise, the mayor pro tem shall act as mayor during the
balance of said term and exercise all the rights and powers of the
mayor during said term; provided, that at the time of such vacancy,
there shall be not more than six (6) months before the expiration of
said mayors term of office. If said unexpired term is longer than six
(6) months 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 hereinafter
provided for city elections, and at which special election a successor
for the unexpired term caused by said vacancy shall be elected.
Section 2.6. Vacancy in Council. A vacancy occurring among
the members of council shall be filled for the unexpired term at an
election by the mayor and remaining members of council; provided, at
the time of such vacancy there shall be not more than six (6) months
before the expiration of said councilmans term of office. If said
unexpired term is longer than six (6) months 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 hereinafter provided for city elections and at which
special election a successor for the unexpired term caused by said
vacancy shall be elected.
GEORGIA LAWS 1982 SESSION
4939
Section 2.7. Oath of Office. The mayor and council shall,
before entering upon the discharge of their duties, each take and
subscribe before some officer authorized by law to administer same,
the following oath:
I do solemnly swear that I will faithfully and uprightly demean
myself as mayor (or member of council) of the City of Molena during
my continuance in office; that I will to the utmost of my skill and
ability promote the interest and prosperity of said city; that I will not
wilfully and knowingly use or be the cause of using tyrannical means
towards any citizen or portions of the citizens thereof, so help me
God.
Section 2.8. Salary of Mayor. The mayor shall receive a
salary not exceeding one thousand dollars ($1,000.00) per year, as the
council may fix by ordinance or resolution; 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 2.9. Salaries of Councilmen. Each councilman shall
receive a salary not exceeding five hundred dollars ($500.00) per year,
as the council may fix by ordinance or resolution; provided, however,
that any salaries so designated for councilmen shall not be effective
during the term of office of the councilmen then in office.
Section 2.10. Mayor and Council Constituted Governing
Body of City. The mayor and council shall constitute the legislative
and governing body of the city, and shall enact all ordinances and
resolutions, and adopt all regulations with all the power and authority
granted by this charter.
Section 2.11. Appointment, Authority of Mayor Pro
Tem. The council shall appoint a mayor pro tern from the members of
the council who shall in the absence of the mayor have all the power
vested in the mayor by this charter.
Section 2.12. Meetings: Quorum Fixed. The mayor and
council shall meet once each month at such place as fixed by them by
resolution or ordinance. The mayor may call special meetings of the
council at any time deemed advisable by him. Three (3) members
shall constitute a quorum.
4940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.13. Duty, 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 it seems 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.
Section 2.14. Mayor as Presiding Officer of Council. The
mayor of the city 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 mayor and council shall be in public, except such
executive sessions as may be provided by ordinance.
Section 2.16. Rules and Order of Business. The mayor and
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
mayor and council shall keep minutes of its proceedings in a special
minute book kept for that purpose.
Section 2.18. Access to Minutes, Records of Meetings.
Any citizen shall have access to the minutes and records of meetings
of the mayor and council at all reasonable times, at the office of the
city clerk.
Section 2.19. Approval of Ordinances by Mayor: Effect
of Lack of Approval. All ordinances adopted by the mayor and
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
his written veto thereof.
Section 2.20. Veto Power of Mayor. The mayor shall have
the veto power and may veto any ordinance or resolution of the
council, in which event the same shall not become a law unless
subsequently passed over his veto by the veto of at least four (4)
councilmen 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
GEORGIA LAWS 1982 SESSION
4941
clerk his veto of any measure passed by that body with reasons which
impel him to withhold his assent within four (4) days of its passage,
the same shall become a law just as if approved and signed by the
mayor.
ARTICLE III. CITY OFFICERS AND EMPLOYEES
Section 3.1. Designation, Term Generally. At the first
regular meeting of the mayor and council after its qualification, or as
soon thereafter as practicable, the following municipal officers of the
city shall be elected by the mayor and council and shall hold their
office for a term of one (1) year and until their successors are elected
and qualified, to wit: An attorney, a clerk of council, a city treasurer, a
police force, and such other officers, heads of departments and their
assistants as are deemed necessary and appropriate; provided, how-
ever, that the offices of clerk of council and city treasurer can be com-
bined and filled by one person. Elections hereunder for said officers
shall be held at the first meeting of the mayor and council after their
qualification, or as soon thereafter as practicable.
Section 3.2. Selection of Officers, Prescribing Duties
Fixing Compensation. The mayor and council of the city shall
have the right to elect such municipal officers besides those specified
in this Article, as to them seem necessary and proper therefor when
necessary, by ordinance, and in the same manner prescribing their
duties and fix their compensation.
Section 3.3. Qualifications for Appointive Office. Any
person who has attained the age of eighteen (18) years shall be eligible
to hold any appointive office.
Section 3.4. Oath of Office, Bond. All officers and employees
of said city shall be required to take such oath to properly perform
their duties, and to give bond, payable to the mayor and his 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, malfeasance, nonfea-
sance or negligence, as the mayor and council may by ordinance
prescribe.
4942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.5. Compensation. Each of the officers of the city
shall receive such compensation as the mayor and council may by
resolution or ordinance prescribe; provided, however, that the salaries
of all city officers, when fixed and determined by the mayor and
council in the manner prescribed in this Act, 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 3.6. Duties. In addition to the duties prescribed in this
Article, each of the officers of the city shall perform such other duties
as may be provided by the mayor and council by ordinance.
Section 3.7. 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 mayor and council, an election to fill the
unexpired term shall be held by the mayor and council within fifteen
(15) days thereafter, or at such other time as the mayor and council
shall designate.
Section 3.8. Suspension by Mayor. Each of the officers
provided for herein shall at all times be subject to suspension for
cause, by the mayor, in his discretion but such suspension shall be
reported within ten (10) days to the council for action on their part,
under the provisions of this charter.
Section 3.9. Suspension, Fine, Removal From Office;
Authority of Mayor and Council. All officers elected by the
mayor and council shall at all times be subject to the jurisdiction of
the council and amenable to its discipline, and said mayor and 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, after a fair notice and opportunity to
be heard.
Section 3.10. Duties of City Clerk, (a) Designation as clerk
of council, ex officio clerk. The city clerk shall be the clerical officer of
the council and shall be the keeper of the seal of the city; he shall also
be ex officio clerk of the police court of the city, and attend its
sessions; he shall be ex officio tax collector of said city; and he shall be
ex officio clerk or secretary of any other board of said city created
under the provisions of this charter or that may be created and
established under the laws and ordinances of the city.
GEORGIA LAWS 1982 SESSION
4943
(b) Duties as clerk, ex officio clerk. The duties of the city clerk
as clerk of the council and 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 as shall be prescribed under and by the laws and ordinances of
the city and by the mayor and council. In addition, the mayor and
council may provide by ordinance that the city clerk perform the
duties as the city treasurer.
Section 3.11. Duties of City Treasurer. In the event the
mayor and council deem it necessary and advisable to provide for and
appoint a 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 his hands from every source; to keep separate accounts of same as
may be provided or required under and by the laws and ordinances of
the city; and he shall only pay out said funds in the way and manner
as may be 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 mayor and council shall
prescribe and enact; and he shall perform any and all further duties as
city treasurer and as city tax receiver as the mayor and council shall
by ordinance prescribe.
Section 3.12. Authority, Duties of City Attorney, (a)
Authority. The city attorney shall be the legal representative of the
city and the legal advisor thereof, and 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
required by the ordinances and laws of the city and by the direction of
the mayor and council.
(c) Additional counsel. Whenever in the judgment of the mayor
and council it shall be advisable to employ additional counsel to assist
the city attorney, authority to do so is hereby conferred upon the
mayor and council.
Section 3.13. City Tax Assessors. The mayor and council
shall have the authority, should it be deemed necessary and advisable
to appoint a tax assessor or assessors and to prescribe the duties
thereof.
4944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.14. Police, (a) Selection. At its first regular meeting
after qualification, or as soon thereafter as practicable, the mayor and
council shall elect one (1) chief of police, one (1) assistant chief of
police and as many additional policemen or detective force as in the
judgment of the said mayor and council may seem proper and
necessary.
(b) Term of office. Said officers shall be elected for a term of one
(1) year and until their successors have been appointed and qualified.
(c) Oath of office. Said officers shall take and subscribe such
oaths as the mayor and council may prescribe.
(d) Bond. Said officers shall give bond with good and sufficient
security to be approved by the mayor and council of the city in such
amount as may be determined upon by the mayor and council for the
faithful performance of their duties and to account for all monies that
may come into their hands as such officers of the city.
(e) Compensation. Said officers shall be paid such compensa-
tion as may be prescribed by the laws and ordinances of the city;
provided, however, that said officers shall receive, in addition to such
salaries as may be fixed and prescribed by the mayor and council,
such fees and commissions as may be prescribed by the laws and
ordinances of the city, and by the mayor and council.
(f) Suspension, removal. The mayor and council of the city shall
have the right at any time, without trial, to suspend or remove any of
said officers for breach of duty, failure to perform his duty, insubordi-
nation, incapacity, conduct unbecoming an officer or a gentleman, for
other good and sufficient cause or reason, to be adjudged by the
mayor and council. The mayor may at any time during a recess of
council suspend any of the said officers for any of the above enumer-
ated reasons for a period not to exceed thirty (30) days, without pay,
and appoint a substitute therefor.
(g) Duties. Said officers shall perform such duties as are pro-
vided for in this Act and as may be prescribed and required of them
by the laws and ordinances of the city and by the mayor and council.
In addition, said officers by virtue of their office shall be and are
hereby constituted ex officio firemen.
GEORGIA LAWS 1982 SESSION
4945
Section 3.15. Fire Department: Establishment, Mainte-
nance. The mayor and council shall have the power and authority, by
ordinance, to create and establish a fire department in said city; to
provide for the personnel therefor and equipment thereof; to pur-
chase any necessary apparatus; and to make any needful rules and
regulations for its proper maintenance.
Section 3.16. Deputies for Principal Officers. The mayor
and council may appoint such deputies as they may see fit. Each
deputy so appointed shall have and may exercise all powers, duties,
functions and authority as shall be vested in the principal officer for
whom he is deputy, including all powers, duties, functions vested in
the principal officer ex officio. All deputies shall serve at the pleasure
of the mayor and council, shall receive such compensation, and shall
give such bond as the mayor and council shall provide.
Section 3.17. Restriction Upon Contracts for Personal
Services. No contract shall be made which binds the city to pay for
personal services to be rendered for any stated period of time, but all
appointive officers and employees shall be subject to peremptory
discharge as herein provided.
ARTICLE IV. POWERS OF CITY
Section 4.1. Adoption of Ordinances, Resolutions, Gen-
erally. Reading Required. All ordinances and resolutions, before
they shall pass, shall be read at two separate regular or special
meetings.
(b) Signature, countersignature required. All ordinances 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 have endorsed
thereon the name of the councilman introducing same and date of its
readings. Such ordinances and resolutions shall be numbered and
filed and properly preserved. There shall be kept by the clerk of
council a regular ordinance and resolution book in which all ordi-
nances 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
4946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 said mayor and council
from adopting such rules and regulations governing the passage and
adoption of ordinances and resolutions which do not conflict here-
with; provided further, that nothing contained in this and the previ-
ous paragraphs hereof shall affect in any manner any valid existing
ordinance of said city, not in conflict herewith.
Section 4.2. Scope of Police, Legislative Power of City.
The mayor and council of the city 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
preserve and enforce the good government, order, security and
dignity of the city and its inhabitants; and to enact and enforce
ordinances of any and all subjects, provided that no ordinance shall
be enacted inconsistent with the provisions of this charter or of the
general laws or Constitution of the State of Georgia.
Section 4.3. Scope of Ordinances, Rules, Bylaws. Author-
ity to carry out and effectuate by ordinance each and every power
granted to the city in this Act is hereby expressly conferred on the
mayor and council of the city.
Section 4.4. 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 appropriated to the exercise thereof, the city shall
have and may exercise all other powers which under the Constitution
and laws of the State of Georgia, it would be competent for this
charter specifically to enumerate, it being the intention hereof that
the powers of the city shall extend to all matters of local and
municipal government.
Section 4.5. Corporate Powers Enumerated. The mayor
and council shall have the following powers:
(a) 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 leases with privilege to
purchase for any municipal purpose, and may sell, lease, hold,
manage, and control such property as specified and provided for;
GEORGIA LAWS 1982 SESSION
4947
(b) Furnishing public services. To furnish all local public ser-
vices as herein specified and provided for;
(c) Public utility franchise. To grant local public utility fran-
chises and regulate the exercise thereof;
(d) Taxation. To assess, levy and collect taxes for general and
special purposes on all subjects or objects which the city may lawfully
tax;
(e) Bonds, notes. To borrow money on the faith and credit of the
city by the issue and sale of bonds or notes of the city;
(f) Appropriations. To appropriate the money of the city for all
lawful purposes;
(g) Public works and improvements. To create, provide for,
construct, regulate and maintain all things in the nature of public
works and improvements;
(h) Assessments for local improvements. To levy and collect
assessments for local improvements on property benefited thereby;
(i) Licensing, regulating businesses, trades, etc. To license and
regulate persons, corporations and associations engaged in any busi-
ness, occupation, profession or trade;
(j) 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 the causes thereof, and all things detrimental to the health,
morals, safety, convenience and welfare of its inhabitants;
(k) 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;
(l) Preservation of public health. To do all things necessary or
desirable to secure and promote the public health;
(m) Construction, size, use of building. To regulate the con-
struction, reconstruction, material, location, height, maintenance and
occupancy of buildings, signs and signboards and other structures;
4948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(n) Use of streets, public places. To regulate and control the use,
for whatever purpose, of the streets and other public places of the
city, and to open and close streets;
(o) Offices, departments, personnel. To create, establish, orga-
nize and abolish departments and offices, and fix the salaries and
compensation of all officers and employees;
(p) Police, sanitary, similar regulations. To make and enforce
local police, sanitary and other similar regulations;
(q) Ordinances for benefit of city. To pass such other 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 functions thereof;
(r) 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 5.7;
(s) Additional powers. To exercise, in addition to the powers
enumerated in this Section, all powers that are, or hereafter may be,
granted to municipalities by the Constitution or laws of the State of
Georgia; 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 ordinance or resolution of the council.
Section 4.6. Code of Ordinances, Resolutions, Rules:
Adoption, Modification, Repeal. The mayor and council shall
have the power and authority to adopt, maintain and declare of force
a code of the ordinances, resolutions and rules of said city, which code
may consist of and contain such ordinances, resolutions 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, and may contain such of either as said mayor and council deem
appropriate to include therein. Said code shall be subject to amend-
ment 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 4.1.
Section 4.7. Designation, Abatement of Nuisances. The
mayor and council of the city may by ordinance declare what shall be
GEORGIA LAWS 1982 SESSION
4949
a nuisance, and by ordinance prohibit the same within the city and
outside the city limits for a distance of five thousand (5,000) feet, and
provide for the abatement of same.
Section 4.8. Regulation, Maintenance of Public Health
and Sanitation. The mayor and council 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, night soil, refuse and insanitary or offensive
vegetation; 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 said city and its inhabi-
tants.
Section 4.9. Policing Public Places, Protecting Water
Supply. The mayor and council of the city shall have the power to
police all parks, public grounds, streets, avenues, alleys and other
public places owned by said city, within or without the city limits, to
prohibit the pollution of all sources of water supply of said city; and to
provide for the protection of watersheds.
Section 4.10. Ordinances, Rules and Regulations to Pro-
tect Against Fire, (a) Enactment, scope. The mayor and council
of the city may enact any and all ordinances, rules and regulations
necessary to lay out and prescribe a fire district or fire districts
thereof 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 walls, chimneys, stove pipes 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 the mayor and council
may deem necessary in order to protect said city as far as possible
from dangers from fire and to prevent the spread of fire from one
building structure to another, and for the protection and safety of the
people.
(b) Changing, removing construction. The mayor and council
shall have the authority to order any changes in the construction or
arrangement of buildings and other structures, chimneys, stove pipes
or flues, and to order the removal thereof when in their judgment the
same are dangerous or likely to become so, and to make the owner of
the affected premises pay expense of such change or removal, which
expense may be collected as taxes are collected.
4950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Removal, alteration of building. If any person, firm or
corporation shall erect or maintain any building or other structure
that is not in accordance with the laws and ordinances of the city, the
mayor and council may order such person, firm or corporation to
remove or alter the same within the time limit specified therefor, and
if such person, firm or corporation shall not remove or alter such
building or other structure after such notice to do so is given, then
said mayor and 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.
Section 4.11. Authority to Regulate Building, Repairing,
Removing of Buildings, Other Structures, (a) Scope of
authority. The mayor and council of the city shall have full power and
authority to regulate the building or the repairing of any buildings or
other structures within the corporate limits of said city or the removal
thereof; to require persons desiring to build, repair or remove build-
ings or other structures in said city to first obtain a permit from the
mayor and 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 said city when satisfied that said buildings or other structures or
additions thereto, or repair thereof, or removal of the same, will be
manifestly against the best interest of the city or will endanger the
safety or health of the citizens or be likely to become a nuisance and
offensive to the property owners or residents of said 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 such mayor and
council for the building, repairing or removing of buildings or other
structures in said city.
(b) Inspections. The mayor and 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 mayor and council of
said city are hereby authorized and empowered to enact all ordi-
nances to accomplish the provisions of this Section, and to provide a
penalty for the violation of such ordinances.
GEORGIA LAWS 1982 SESSION
4951
Section 4.12. Regulating Safety of Buildings and Other
Structures. The mayor and council shall have the power and
authority to enact and enforce all ordinances and resolutions neces-
sary to regulate the safety of all buildings and other structures.
Section 4.13. Exits, Fire Escapes: Construction and
Sufficiency. The mayor and council shall have the power and
authority 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 4.14. Authority to Grant Franchise, Permits,
Easements and Rights-of-Way. (a) Scope of Authority. The
mayor and council of the city shall have the power and authority to
grant franchises, permits, easements, and rights-of-way in, on, under
and over the streets, alleys, lanes, squares, sidewalks, parks, and other
property of said city, upon such terms, conditions, reservations,
restrictions and limitations and for such compensation as the mayor
and council may fix and prescribe.
(b) Application, notice, granting. The mayor and council shall
have the power and authority by ordinance to prescribe the method of
making application for any such franchise, easement, permit and
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 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 mayor and council may deem necessary or
advisable.
(c) Ordinances to implement Section. The mayor and council
shall have the right and power to pass such ordinances as may be
necessary to accomplish the provisions of this Section and to pre-
scribe penalties for the violation of said ordinances.
Section 4.15. Erection of Structure in Street, Sidewalk,
Public Place. The mayor and council shall have full power and
authority to grant to any person, firm or corporation the right to erect
or maintain a structure or obstruction in a public street, sidewalk or
other public place, upon such terms and conditions and subject to
such restrictions as the mayor and council shall deem appropriate.
4952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.16. Control of City 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 4.17. Regulation of Streets, Avenues, Alleys,
Obstruction Thereof. The city shall have the power to control,
regulate and remove all obstructions, encroachments and encum-
brances on any public street, avenue, 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 4.18. Condemnation of Property for Streets,
Sidewalks, Public Places, (a) Scope of authority. The mayor
and council of the city shall have full power and authority to condemn
property for the purpose of laying out and opening new streets,
sidewalks, alleys, squares and parks in the city, and for the purpose of
widening, straightening, grading or in any way changing the streets,
lanes and sidewalks of the city.
(b) Exercise of power. Whenever the said mayor and 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.
Section 4.19. Streets, Sidewalks and Public Places
Opening, Widening, Changing, Closing, (a) Scope of authority.
The mayor and council of the city 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 said 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
GEORGIA LAWS 1982 SESSION
4953
them for public use or to lay wires, lines or pipes, throughout the
streets, squares, lanes, alleys, parks and public places of said city,
upon such terms and conditions as the mayor and council may by
ordinance provide.
(b) Assessment of cost. The mayor and 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, according to the proportion
that such abutting property bears 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.
(c) Equalizing assessments. The mayor and 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 the owners thereof, according to the propor-
tion 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 providing for
the improvement of work and making assessment.
(e) Collection of assessment. The mayor and 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
4954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of purchase by the city and redemption by the owners as is now
provided for tax sales by said city; provided, that all advertisements
may be made in the official organ of said 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 common law 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
why 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 Pike County, Georgia,
and there tried and the issues determined as in other cases of
illegality, subject to all the pains and penalties provided for in cases of
illegalities filed for delay only.
(g) Priority of assessment. The lien of such assessments and the
executions issued thereon on abutting property, including that of
railroads and railways, and the owners thereof, for any such improve-
ment 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 mayor and council
shall have full power and authority to prescribe by ordinance such
rules as they may in their 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 cost 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 said mayor and council may see fit and proper.
(i) Publication required. One (1) publication of such ordinance,
or ordinances, for any of the work and improvements contemplated
by this Section, in the newspaper designated as the official organ for
GEORGIA LAWS 1982 SESSION
4955
said city shall be sufficient notice to the abutting property owner or
the owners of any railroad or railway having property or tracks
abutting on such streets, sidewalks, avenues, lanes, alleys, or other
public places in said city, of the contents and provisions of such
ordinance or ordinances, and of the fact that such improvements are
to be made.
(j) Service of notices. Any other notice or notices deemed
necessary or desirable to be made on abutting property owners by
said city may be made in person or by leaving at'the residence of the
person to be notified if a resident of said city, but if such person is not
a resident of said city then such notice may be served by publishing it
for such time as may be prescribed by ordinance, and such publi-
cation in the official organ of said 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 legal disability and his 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 author-
ity hereby vested in the mayor and council of said city to issue
executions for such improvements as are herein provided, covering
the assessments in question, the said mayor and 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 mayor and
council, and shall bear such legal rate of interest as may be fixed by
council, interest to be payable annually or semi-annually, and the
principal and interest to be paid at such place or places as may be
fixed by said mayor and 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 mayor and council shall have
authority to negotiate such certificates when issued to contractors for
4956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 street or sidewalk improvement.
(m) Payment of certificates. The mayor and council shall have
the authority to collect assessments for such street or sidewalk
improvement under such execution as may be issued by authority of
said city, and use the money to pay for such improvement certificates
thus issued, and to prescribe the terms, the rate of interest and the
time and place of payment of such executions and of such improve-
ment certificates.
(n) Additional powers. The city, through its mayor and council,
shall have all other necessary authority to accomplish such street or
sidewalk improvements, in a manner to be provided by proper
ordinance or ordinances to be adopted by said city.
Section 4.20. SameMaintenance, Drainage, Repair.
(a) Scope of authority. The mayor and council of the city 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 said 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, as provided in Section 4.18, whenever
in the judgment of the said mayor and council, the same becomes
necessary or advisable.
(b) Manner of payment. The said mayor and council shall have
the right and authority to provide, by ordinance, how said paving,
grading, 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 Section 4.18.
Section 4.21. Right-of-Way of Railroad, Maintenance,
Repair. The mayor and 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 said city, which have been
improved, to macadamize or otherwise pave and improve as the
GEORGIA LAWS 1982 SESSION
4957
mayor and council may direct, the width of their tracks, and two (2)
feet on each side thereof, and to require said companies to repair or
repave their aforesaid portions as the mayor and council may direct;
and the mayor and council shall have the power and authority to
enforce the provisions of this Section by appropriate ordinances.
Section 4.22. Construction, Paving, Repair of Streets,
Pavements by Abutting Owners, (a) Authority of city to
require work. The mayor and council of the city shall have full and
complete power and right to direct the mode, manner and style in
which all street crossings, sidewalks, and pavements shall be con-
structed, paved, or unpaved, 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 said city in reference to the
construction, paving or repairing of the sidewalks, pavements or
street crossings, the mayor and council of said city are hereby
authorized and empowered to prescribe that said owners be fined in a
sum not exceeding two hundred fifty dollars ($250.00) and to collect
the same by execution.
(b) City may do work. The mayor and council may also direct
their officers or employees to carry out and execute the provisions of
said ordinance in reference to sidewalks, pavements and street cross-
ings at the expense of the owner so refusing or failing to comply with
said ordinance.
(c) Execution for expenses. The mayor and 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 4.23. Supervision, Regulation of Public Work.
The mayor and council may prescribe by ordinance or resolution any
and all public work to be performed in the city and the method of
doing the same, and shall have charge of the performance of all such
public work.
Section 4.24. 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 mayor and 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 mayor and council by said
4958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
department, and there shall be separate accounting as to each work or
improvement so executed.
Section 4.25. Water Systems, Sanitary Sewer System:
Establishment, Maintenance, Use. (a) Authority. The mayor
and council of the city shall have power and authority to provide for a
water system and for a sanitary sewer system and for the maintenance
thereof; to require property owners to make connection from their
premises to such system or 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 said owner and make it a
personal liability; and to fix penalties for failure to make such
connections.
(b) Places to be filled in. The mayor and council of said city
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, and should
the owner fail or refuse to fill the same within a reasonable time as the
mayor and 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 mayor and council
are hereby authorized and empowered to enact such ordinances as
may be necessary to fully accomplish the provisions of this Section.
Section 4.26. Authority to Extend Water, Sewerage
System: Assessment of Cost, (a) The mayor and 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 said 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
mayor and council. The mayor and 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.
(b) The exercise of this provision shall be optional, however,
with said owners and shall in no way affect the right of the mayor and
council to extend the water system and the sewerage system when the
same shall have been established, by the expenditure of funds from
GEORGIA LAWS 1982 SESSION
4959
the treasury, but where there are no such funds they may comply with
this provision at the instance of owners who desire such services
under this provision.
Section 4.27. Water, Sewerage, Electric and Natural
Gas Systems: Maintenance, Repair, Extension, (a) Authority
of city. The mayor and council of the city shall have the power and
authority to establish, maintain, equip, repair, extend, enlarge, and in
any way improve the present system of waterworks in the city, for the
purpose of supplying its inhabitants and the city and consumers,
generally, with water; and the mayor and council shall have the power
to do any and all things necessary for such purpose, to contract with
any person or persons, firms or corporations, for the purchase of land
or premises to be used in connection therewith, whether within or
without the city, and to contract for the purchase of easements over
lands and premises to be used in connection therewith, whether the
lands and premises over which easements are desired are within or
without the limits of said city, and if necessary for any or all of such
purposes to condemn the same as hereinafter provided.
(b) Purchases, construction. Said mayor and council in the
name of the city shall have full power and authority to make pur-
chases of plants, machinery and any 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 plant; 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 improvements 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 purposes, shall be exercised by the mayor and council.
(c) Application to new systems. The mayor and council of the
city shall have the full power and authority to establish and maintain
new systems of waterworks, electricity, sewerage, natural gas, or any
of them, whenever it may be necessary or advisable for the purpose of
furnishing and supplying its inhabitants, and the city and consumers
generally with water, sewerage, electric lights and natural gas, or any
of them, and when such power and authority is exercised, the said
mayor and council shall have the same rights, powers and privileges
4960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 furnish-
ing of services from such systems, or any of them, to the inhabitants of
said city and nonresidents thereof, together with the right to acquire,
own, possess and condemn lands and premises for such purposes,
whether within or without the limits of said city, as are herein
conferred upon and granted said mayor and council respecting the
present system owned and operated by the city; provided, however,
that the provisions hereof shall be subordinate to the provisions of
existing franchises for such services.
Section 4.28. Furnishing Water, Sewerage, Electrical,
Gas Services, (a) Contracts authorized. The mayor and 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 said city or residents without the limits thereof,
for the furnishing of water, and for the furnishing of electric lights
and power, sewerage, natural gas 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 mayor and council
may provide.
(b) Fixing rates and charges. The mayor and 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 4.29. Franchises for Water, Electric, Sewer, Gas
Services, (a) Authority of city. The mayor and council shall have
full power and authority to grant franchises over its streets and other
public property to any persons, firms or corporations for the furnish-
ing of water, electric lights and power, sewerage, natural gas, 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 mayor and
council may deem proper.
(b) Enactment of appropriate legislation. The mayor and coun-
cil of the city are hereby authorized and empowered to enact all laws,
ordinances, rules and regulations necessary to carry out and accom-
plish the purposes of this Section; provided, however, that no provi-
sion of an existing franchise shall be impaired.
GEORGIA LAWS 1982 SESSION
4961
Section 4.30. Condemnation of Property for Water,
Electric, Sewerage, Gas Services, (a) Authority of city. The
mayor and 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 water work
systems, sewerage systems, drainage systems, natural gas systems and
electrical distributing systems, or any of them, for said city, or for the
purpose of maintaining, extending, enlarging or improving said sys-
tems, or any of them, and for either or all of said purposes.
(b) Regulation of proceedings. Whenever the right to condemn
lands and premises herein granted is exercised, all proceedings in
respect thereto shall be 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.
Section 4.31. Sale of Electrical, Water or Gas Plant and/
or System, (a) Authority. The mayor and council of the city are
hereby authorized and empowered by ordinance to contract to sell
and sell upon such terms and conditions as they may determine, any
water or other plant or system owned by the city, including distribu-
tion lines and all equipment, apparatus and property 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
executed by its mayor.
(b) Election required. At such time and place as shall be fixed by
the mayor and council of the city there shall be an election in said 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 said city, as the same then exists,
said election to be held and determined as provided by said mayor
and council of said city, in which election ballots shall be furnished
setting forth the question whether such sale shall be consummated.
(c) Effect of election. If a majority of the legal voters of said city
cast their votes in favor of selling said plant and its equipment, then
the mayor and council of said city shall be authorized to sell the same.
If a majority of legal voters of said city cast their votes against the
selling of the same, then the mayor and council shall be without power
and authority to sell said plant and equipment.
4962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Notice of election. No election shall be held without first
advertising the same in some newspaper published in said city once a
week for four (4) weeks prior to the time of holding said election.
(e) Qualifications of voters. The qualifications of voters shall be
the same as are required of voters in elections held in said city for
mayor and councilmen.
Section 4.32. Bond Issues for Debts, 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.
Section 4.33. Levy of Ad Valorem Tax for General City
Purposes, (a) Amount, scope of tax. The mayor and council shall
have power and authority to levy and collect a tax annually, for
general city purposes, upon all and every species of property, both
real and personal, within the limits of the city, including bonds, notes,
debts, choses in action, moneys employed in banking and otherwise,
and to enforce the collection of same by execution, levy and sale as the
mayor and council shall provide.
(b) Due date, collection. The mayor and council shall have
power and authority to provide by ordinance when such taxes of said
city shall be due, in what length of time said taxes shall be paid, when
tax executions shall issue against defaulters, and to fix a penalty for
the nonpayment of taxes when due.
Section 4.34. Authority to Assess, Levy and Collect Ad
Valorem Tax for Bond Purposes, (a) Scope of authority. The
mayor and council of the city shall be and are hereby 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 said city in
such sums as they 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
GEORGIA LAWS 1982 SESSION
4963
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 said city or which
are issued under this charter.
(c) Due date, collection. The mayor and 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 4.35. Authority to Assess, Levy and Collect Ad
Valorem Tax to Assist Development Authority, (a) Scope of
authority. The mayor and council shall have power and authority
annually to assess, levy and collect a tax not exceeding one (1) mill
upon each dollar of assessed valuation, upon all and 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 appropriations thereto.
(b) Due date, collection. The mayor and council shall have
power and authority to provide by ordinance when such tax shall be
due, in what length of time said 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 4.36. Authority to Assess, Levy and Collect
Garbage and Sanitation Tax. (a) Scope of authority. The mayor
and 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 each and every city lot occupied by a resident, and upon
each store or other place of business in said city. Vacant lots shall not
be assessed.
(b) Prerequisities. 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 said city is authorized to do by ordi-
nance.
(c) Use of funds. The funds arising from this tax must be used
for the purpose of city sanitation and for no other purpose.
4964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.37. Returns of Property for Taxation: Deter-
mination of Due Dates. In the event the same shall become
necessary, the mayor and council of the city 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 mayor and 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.
Section 4.38. Executions for Taxes, Licenses, Other
Demands, (a) Issuance, contents, procedure thereunder. Execu-
tions for any and all 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 clerk, be
signed by him, bear teste in the name of the mayor, and be directed to
the chief of police of said city and his 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 property described in the
execution, they make by levy and sale the amount due on the
execution with all costs. The mayor and 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 executions
issued by the city clerk for taxes, license fees, special assessments,
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 executions for
State and county taxes.
(c) Laws, rules, presumptions governing deeds. All deeds exe-
cuted 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
GEORGIA LAWS 1982 SESSION
4965
executed by sheriffs under levy of executions for State and county
taxes.
Section 4.39. Licensing, Regulating Businesses, Occu-
pations, Trades, Callings and Pursuits, (a) Scope of authority.
The mayor and council of the city shall have the right and authority
to tax, license, regulate and control by ordinance, all businesses,
occupations, 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 mayor and 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 4.40. Registration, Special Tax on Trade, Busi-
ness, Vocation, Profession, Trade, Calling, Pursuit. The
mayor and council shall have full power and authority to adopt
ordinances as authorized by the laws of Georgia 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 agent or
agents, to register their names and business, trade, pursuit, calling,
vocation or profession, annually, and to require such person, firm or
corporation to pay for such registration such amount as the mayor
and council may by ordinance prescribe; and to provide for the
punishment of all persons, firms or corporations who are required by
ordinance to pay the said special tax and register, who shall engage in
or offer or attempt to engage in such business, calling or profession
without first complying in all respects with the ordinance in reference
thereto.
Section 4.41. Licensing, Regulating Control of Signs,
Billboards. The mayor and 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 ordinance.
4966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.42. Authority to Borrow Money. The mayor and
council of the city shall have the power and authority to borrow
money for the use of said city by making a temporary loan or loans to
supply casual deficiencies of revenue, not to exceed one per cent (1 %)
of the assessed value of the taxable property within any one 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 4.43. Authority to Provide for Depository of
City Funds. The mayor and council of the city may select some bank
in the State as a city depository, and may require the treasurer or
other appropriate officer of said city to deposit all funds of the city
therein. Said depository may be selected upon such rules, regula-
tions, conditions and requirements as the mayor and council may by
ordinance prescribe.
Section 4.44. Zoning and Planning. The mayor and council
of the city are hereby authorized to pass and enforce zoning and
planning laws whereby said 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 zoning and planning laws are consistent with the
Constitution of the State of Georgia and of the United States which
said city (by and through its mayor and council) may deem necessary
or proper, to promote the public health, safety, morals, order, comfort
or general welfare.
Section 4.45. Authority to Regulate Traffic. The mayor
and council of the city shall have the power and authority to control
and regulate the running of bicycles, automobiles, motorcycles and
any 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 or operators
of said vehicles; to provide for the registration of said vehicles, and to
do any, all and every act and thing necessary or incident to the safety
of the same and of the public. The mayor and council of said city shall
have the authority to accomplish the provisions of this Section by
ordinance and to provide penalties for the violation thereof.
GEORGIA LAWS 1982 SESSION
4967
Section 4.46. Railroad Trains: Speed, Operation. The
mayor and council of the city shall have full power and authority by
ordinance to regulate the speed and operation of railroad trains on,
along or across the streets, avenues or alleys of the city; 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; and to regulate in any other way the running
or operation of railway 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 4.47. Authority to Regulate Vehicles for Hire.
The mayor and council of the city shall have the full right and power,
by ordinance, to regulate all vehicles of every kind and description
used in the city for hire or profit in the transportation of passengers,
freight, drayage or either or all of them; to provide for the inspection
of same; to fix the rates of fare therefor; and to fix and prescribe
penalties for violation thereof.
Section 4.48. Regulating Plumbers and Plumbing. The
mayor and 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 4.49. Authority to Regulate 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, petroleum oils, turpentine, and any and all other kind of
explosives or combustible materials; and to prescribe penalties for
violations of such ordinances.
Section 4.50. Authority to Regulate Cemeteries, (a)
Generally. The mayor and council shall have exclusive jurisdiction
over all cemeteries belonging to the city. They may make such
appropriations as may be necessary for the care and supervision of
same, and may enact ordinances and provide penalties for the pur-
pose of preventing trespass thereon.
(b) Fees and charges. They may regulate the charges of grave-
digging and interment, hearse fees, and any and everything pertain-
ing to the proper care and operation of such cemeteries; including the
4968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sale of lots or right to bury thereon. They may prescribe such fees for
burials as they may deem proper, and may enforce the collection of
such fees, as they may by ordinance provide.
Section 4.51. Removal of Ice, Snow, Debris, Overhang-
ing Limbs. The mayor and council shall have power and authority to
remove within a reasonable time, ice, slush, snow and other debris
from sidewalks and to require the owner, agent or lessee owning,
occupying or controlling the abutting property to remove all such ice,
snow and other debris, and all low-hanging limbs from trees adjacent
to such sidewalks.
Section 4.52. Keeping, Handling of Animals and Fowl.
The mayor and council of the city 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 said city; to
regulate, prevent or prohibit the keeping of certain animals within the
city limits, 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 punish all owners of any of such
animals who shall fail or refuse to obey such ordinances as may be
adopted by the mayor and council of said city to carry out and
accomplish the purposes of this Section.
Section 4.53. Taxation, Registration, Keeping of Dogs.
The mayor and council shall have the authority to levy and collect
such tax as they may deem proper upon dogs kept within the limits of
said 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 4.54. Establishment, Operation of Municipal
Pound. The mayor and council shall have authority to establish a
pound for the impounding of animals, and to change the same
whenever they see 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 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.
GEORGIA LAWS 1982 SESSION
4969
Section 4.55. Cruelty to Animals. The mayor and council
shall have power and authority to prohibit the inhuman treatment of
animals and provide punishment therefor.
Section 4.56. Prohibiting, Punishing Beggars, Prosti-
tutes. The mayor and council shall have the power and authority to
restrain and punish vagrants, mendicants, beggars and prostitutes.
Section 4.57. Authority to Provide for Working of Con-
victs, Custody of Prisoners, (a) Scope of authority. The mayor
and 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 said city; to maintain, establish and
equip, a jail, prison or guardhouse in said city for the safekeeping of
prisoners and persons charged with violating the laws and ordinances
of said city; and to provide for the care of such prisoners.
(b) Ordinances to implement provisions. The mayor and council
shall have the authority to enact such ordinances as are necessary to
carry out the provisions of this Section.
Section 4.58. Hospitals, Similar Institutions: Establish-
ment, Operation. The mayor and council shall have power and
authority to establish, maintain and regulate such hospitals,
orphanages and charitable institutions as may be deemed expedient
by the governing authority.
Section 4.59. Participation in Emergency Plans with
Disaster Stricken Cities. The mayor and council are hereby
authorized to provide by ordinance or resolution for participation by
the city in emergency procedure plans whereby the mayor, or in his
absence the mayor pro tem, shall be authorized to furnish city
equipment, machinery, services, supplies and personnel to other
cities during time of emergency therein; provided, however, that in
the event of such participation, liability insurance coverage and other
applicable insurance coverage shall remain in force and effect
respecting any equipment, machinery, services, supplies or personnel
furnished by the city under such plan, and provided further, that the
mayor and council may provide by ordinance or resolution for the
withdrawal of the city from such plan at any time.
4970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V. POLICE COURT
Section 5.1. Police Court Established. That there shall be a
court of the city known and designated as the Police Court of the
City of Molena.
Section 5.2. Time and Place of Sessions. Sessions of the
police court shall be held and presided over at the city hall building in
the city, or at such other place in said city as the mayor or council may
direct, daily or at such times as in the judgment of the presiding
officer of said court may be necessary.
Section 5.3. Scope of Jurisdiction. 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 the State of Georgia, whenever said
violations and offenses are committed within the corporate limits of
the city.
Section 5.4. Jurisdiction Extended Beyond City Limits.
The city shall have the power and authority to exercise police power
over all property beyond the limits of the city but owned by the city,
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 5.5. Powers Enumerated. The police court and the
presiding officer thereof shall have the following powers:
(a) Contempt. To punish for contempt against its lawful author-
ity whether in its presence or otherwise;
(b) Summonses, subpoenas. To issue summonses and subpoe-
nas for witnesses and compel their attendance whether residents of
the city or not; to issue subpoenas duces tecum for witnesses and the
production of books and papers whether in the city or not, and compel
their production; to compel the presence of witnesses by impris-
onment if necessary and to take bonds to secure their attendance 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;
GEORGIA LAWS 1982 SESSION
4971
(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 mayor and 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 5.6. 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 committed
within the corporate limits thereof, and upon conviction, to punish
offenders by a fine not exceeding five hundred dollars ($500.00), by
imprisonment in the city jail or guardhouse for any term not exceed-
ing six (6) months, or by compulsory work, not exceeding six (6)
months, on the streets or upon any of the public works of said city, or
by any combination of such penalties, as the presiding officer of said
court may direct.
Section 5.7. Imposition of Punishments. Any or all of the
punishments prescribed in Section 5.6 may be inflicted in the discre-
tion of the presiding officer of the police court, and such presiding
officer shall have the authority to impose any of the above punish-
ments in the alternative.
Section 5.8. Limitation Upon 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 in the city jail or guardhouse 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 said court may imprison such person
until its lawful orders are obeyed.
Section 5.9. Execution, Levy, Sale to Enforce Collection
of Fine. Whenever any person is convicted and sentenced to pay a
4972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, 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 5.10. Criminal Jurisdiction of Justice of the
Peace Vested in Presiding Officer. The presiding officer in the
police court of said city shall have in addition to the jurisdiction
hereinbefore conferred, criminal jurisdiction of a justice of the peace,
and when it shall appear upon the trial of any case in the police court
of said city, that an offense against the laws of the State has been
committed within the limits of said city, it shall be the duty of the
officer presiding in said court, to make a thorough investigation into
the facts and to commit the offender to jail or to bail to answer to the
court having jurisdiction of the offense if the offense is bailable.
Section 5.11. Jurisdiction to Try Nuisances, Require
Abatement. The police court of the city shall have concurrent
jurisdiction with the mayor and council of the city in respect to the
trial and abatement of all nuisances in said city.
Section 5.12. Right of Trial Upon Written Accusation.
All trials in the police court of the city 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 city clerk that an accusation,
in writing, shall be preferred against him, in which event a written
accusation, in form substantially as follows:
Georgia, Pike County, City of MolenaIn the Police Court of
the City of Molena:
I,__________________, chief of police (or policeman) of said city,
in the name and behalf of the City of Molena, 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 his plea thereon in writing and upon the issue
thus formed the case shall proceed to trial and disposition.
GEORGIA LAWS 1982 SESSION
4973
Section 5.13. Appearance BondsAmount, Conditions,
Effect. The chief of police or any policeman of the city shall release
any person arrested for a violation of the laws and ordinances of said
city, upon said person giving a cash bond or surety bond with good
and sufficient security to be approved by the chief of police or the
assistant chief, or in their absence by the senior officer on duty,
payable to the mayor of said city, in an amount fixed by the said chief
of police or the assistant chief, or in their absence by the senior officer
on duty, for the personal appearance of such person before the police
court of said city at the time and place therein specified, to answer the
charges against him, and from time to time until the principal in such
bond is tried and the case disposed or, and not to depart from thence
except by leave of the court, except when the offender is violent, in
which case bail may be refused.
Section 5.14. SameForfeiture. In the event the principal
fails to appear before the police court as stipulated in his appearance
bond, said bond shall be forfeited in said court and the presiding
officer thereof shall have the power and authority to order the
principal in said bond rearrested and placed in the city jail or
guardhouse until such case shall be tried and disposed of, or to admit
the defender to bail, as he may deem proper.
Section 5.15. Certiorari to Review ConvictionPrereq-
uisites. Any person convicted in the police court in the city for a
violation of any of the laws and ordinances of said city shall have the
right to certiorari to the Superior Court of Pike County, provided all
costs are first paid to the city clerk, who shall, upon payment thereof,
certify in writing that the same have been paid and bond and security
given in at least double the amount of the fine which can be imposed,
to personally appear, stand to and abide by the final judgment in said
case; and if no fine is imposed and the defendant is sentenced to work
on the streets or other public works in said city, then a like bond shall
be given, the amount of which shall be fixed by the presiding officer of
said police court.
Section 5.16. SameBonds to be Approved. All bonds
given in certiorari cases shall be approved by the presiding officer in
the police court.
Section 5.17. SameAffidavit in Forma Pauperis. Noth-
ing in Sections 5.15 through 5.19 shall prevent the defendant if he
desires to certiorari his case, from filing the usual affidavit in forma
4974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pauperis in lieu of giving bond and security and the payment of the
costs.
Section 5.18. SameAffidavit, Bond to Act as Supersed-
eas. Upon the affidavit provided for in Section 5.17 being made or
the bond provided for in Section 5.15 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 said case.
Section 5.19. SameRules 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.
Section 5.20. City RecorderCreation, Establishment
of Office. The mayor and council of the city may, whenever in their
judgment they see fit, create the office of city recorder for said city
and elect an upright and intelligent person reasonably skilled in the
law, to perform the duties of that office.
Section 5.21. SameQualifications, Oath of Office. The
recorder shall be a qualified voter of Pike County and shall take and
subscribe to such oath as the mayor and council shall by ordinance
prescribe.
Section 5.22. SameTerm of Office. The recorder may be
elected at any time that in the judgment of the mayor and council his
services may be necessary or desirable, and he shall hold his office for
a term of one year, or until the qualification of the mayor and council
following the next city election, and until his successor is elected and
qualified.
Section 5.23. SameCompensation. Whenever the mayor
and council in their judgment see fit to create the office of city
recorder and elect a person to perform the duties of that office, they
shall also fix his compensation therefor.
Section 5.24. SameDuty to Preside in Police Court. It
shall be the duty of the recorder to preside in the police court of the
city in all cases, except when providentially hindered or when absent
from the city, or when he may be disqualified. In either case the
mayor or in his absence the mayor pro tem or in his absence a
GEORGIA LAWS 1982 SESSION
4975
councilman designated by the mayor shall designate one to preside as
acting recorder with the same power that is vested in the recorder.
ARTICLE VI. PENALTIES AND PROCEDURES ON
ARREST
Section 6.1. Authority to Arrest, Confine Persons
Arrested. The chief of police and all policemen of the city shall be
fully authorized and empowered to arrest any person within the cor-
porate limits of the city charged with an offense against its laws and
ordinances and to imprison and confine such persons arrested by
them in the city jail or guardhouse, or in the jail of Pike County until
trial, or to admit them to bail as provided in this charter.
Section 6.2. Territorial Scope of Power to Arrest. The
chief of police and the policemen of the city shall be authorized to
arrest anywhere within the limits of this State any person charged
with a violation of the laws and ordinances of the city upon a warrant
from the proper officer of said city authorized to issue the same.
Section 6.3. Arrest for Violation of City Laws, Ordi-
nances. In no case, except as herein otherwise provided, shall the
chief of police or any policeman of the city make any arrest of any
person charged with a violation of any of the laws and ordinances of
said city without first having procured from the mayor, mayor pro
tem or recorder of said city (each of them being hereby authorized
and empowered to issue warrants for the apprehension and arrest of
persons charged with violating any of the laws and ordinances of said
city), a warrant for the arrest of such persons, unless the offense or
violation is committed in the presence of such arresting officer, or the
offender is attempting to escape, in which event said officer may
arrest and detain such person until a proper warrant can be secured
authorizing the offenders further detention.
Section 6.4. Arrest for Violation in Presence of Officer.
It shall be the duty of the chief of police and policemen of the city to
arrest any person violating any of the laws of this State in their
presence and to immediately carry such persons before a magistrate
and see that a proper warrant is sworn out.
Section 6.5. Authority to Arrest Without Warrant. The
chief of police and the policemen of the city may arrest without
4976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
warrant in all cases where authority is given to arresting officers of
this State by the laws of Georgia for making arrests without a
warrant.
Section 6.6. Service of Summons in Lieu of Arrest. Upon
information that an offense against the citys laws and ordinances has
been committed, and said violation has not been committed in the
presence of a police officer of the city, but said police officer is
satisfied that the person charged with such offense is not likely to
leave the city to escape arrest under a warrant, he shall serve upon
said person a written summons to appear before the police court at its
next regular session to answer such charge.
Section 6.7. Failure to Obey Summons. If the person served
with a summons as provided in Section 6.6 refuses to obey such
summons, he shall be deemed in contempt of the police court and
shall be punished accordingly.
Section 6.8. Use of Warrant to Prevent Accused from
Leaving City. If a police officer of the city has reason to believe that
an accused person will leave the city and not obey a summons served
as provided in Section 6.6, said officer shall obtain a warrant from the
proper officers of the city for the arrest of said person, and shall
imprison said person until a trial is had before the police court, or the
accused is admitted to bail for his appearance before the police court
at its next regular session to answer the charge against him.
Section 6.9. Arrest for Violation of State Laws. It shall be
the duty of all police officers of the city in all cases where they know
that State laws are being violated in the city, to apply to the nearest
magistrate for a warrant for such person and have the same executed.
Section 6.10. Authority to Execute Warrants for Viola-
tion of State Laws. The chief of police and the policemen of the
city shall be authorized to the same extent as sheriffs of this State to
execute warrants placed in their hands charging any person with a
violation of any of the criminal laws of this State.
ARTICLE VII. REGISTRATION OF VOTERS
Section 7.1. System for Registration of Voters Adopted.
A system for the registration of voters is hereby established for the
city.
GEORGIA LAWS 1982 SESSION
4977
Section 7.2. Scope of Registration Provisions. No person
shall be allowed to vote in any election of any kind held in the city
without having first registered in accordance with the provisions of
this Article, the provisions of Code Chapter 34A-5 (Article 6 of
Chapter 3 of Title 21 of the Official Code of Georgia Annotated) and
such ordinances or regulations as may be adopted hereunder; and the
mayor and council are hereby empowered to adopt such ordinances
and regulations as may be deemed proper to carry out the purposes of
this Article.
Section 7.3. Qualifications of Applicant for Registra-
tion. Any voter registering under the provisions of this Article shall
be a qualified voter so long as he remains a citizen of the City of
Molena, meets all of the qualifications of electors prescribed in Code
Section 34A-501 (Code Section 21-3-125 of the Official Code of Geor-
gia Annotated), and is otherwise qualified to register in any general
election in the State of Georgia.
Section 7.4. Form for Registration: Contents, Execution.
The registrar or registrars of elections appointed by the mayor and
council shall procure registration cards complying in form with the
provisions of Code Section 34-609 (Code Section 21-2-217 of the
Official Code of Georgia Annotated), which card shall be properly
filled in, and an oath shall be administered to the applicant for
registration, and signed by him and attested by the registering officer.
For this purpose the registering officer shall be authorized and
empowered to administer oaths to the persons so registering.
Section 7.5. Oath of Registrant. The registering officer shall
require an applicant for registration to take the following oath before
him:
I do solemnly swear that I am a citizen of the United States; that
I am at least eighteen (18) years of age, and am qualified by citizen-
ship, residence and constitutional qualifications to vote for members
of the General Assembly of Georgia in the County of Pike; that I will
have resided in the State of Georgia for not less than one (1) year, and
in Pike County for not less than six (6) months and in the City of
Molena for not less than ninety (90) days next preceding this registra-
tion, or by the vote of the next city election if still a resident of this
city I will have fulfilled these conditions; and that it is my intention to
remain a resident of this city until the day of election, so help me
God.
4978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
When an applicant for registration is so sworn, and has signed said
oath and the same has been attested by the registering officer, a
minute of that fact shall be entered opposite his name on the
registration list.
Section 7.6. RegistrarsSelection, Term. At the first
meeting of the mayor and council held after the passage of this Act,
the mayor and council shall elect by ballot three (3) registrars for the
city, one of whom shall be designated chief registrar, who shall serve
at the pleasure of the mayor and council, and until their successors
are elected and qualified. Said registrars shall be qualified voters of
said city. In the event of the death or resignation of any registrar his
unexpired term shall be filled by the mayor and council.
Section 7.7. SameOath. The registrars selected as provided
in Section 7.6, before entering upon their duties, shall take and
subscribe the following oath:
I do solemnly swear that I will faithfully and impartially dis-
charge, to the best of my ability, the duties imposed upon me by law
as registrar.
Said oath shall be filed with the clerk of council and entered upon
the minute books of the city.
Section 7.8. SameCompensation. The mayor and council
of the city shall have the power and authority to fix the compensation
of registrars and to pay the same.
Section 7.9. Actions of Registrars to be Public. All actions
of the registrars in revising the lists of voters registered in the city
shall be done in public in the council chambers of the city.
Section 7.10. Time for Opening, Closing Registration
List. The registrars shall open at the city clerks office, or at such
other place as may be designated by the mayor and council, at least
ten (10) days after notice of such change has been given, a list for the
registration of voters, which list shall be kept open from 9:00 a.m.
until 5:00 p.m. each and every day, Sunday excepted, until a day not
later than three (3) days prior to such primary or election when it
shall be finally and absolutely closed at 5:00 p.m. on the last day.
GEORGIA LAWS 1982 SESSION
4979
Section 7.11. Registration of Absent Persons. Any quali-
fied voter who desires to be registered to vote shall be required to
apply in person before the registering officer for such purpose.
Section 7.12. Duty to Prove Right to Register. No person
unknown to the registering officer shall be allowed to register until he
produces evidence of his residence in the city and his right to register.
Section 7.13. Preparation, Revision, Certification of
Registration Lists. In making a voters registration list, and in
revising such list, the registrars shall examine the grounds for disqual-
ification of voters, and shall leave no person on said list who is not
entitled to register, and shall strike no name from said list who is
entitled to register and vote. After such registrars have fully com-
pleted their work in revising the voters registration list, they shall file
a certified copy of such list, alphabetically arranged, with the city
clerk.
Section 7.14. Revision of Lists to Exclude Disqualified
Persons. In order to guide the registering officer in the discharge of
his duties, he shall obtain from the proper authorities the list of
disqualified voters for that year, as now or may be hereafter provided
for by the State law. The registering officer shall refuse to register any
person whose name appears on these lists unless such person shall
furnish satisfactory evidence that his disqualification has been
removed.
Section 7.15. Registrars to Bear Complaints. Five (5)
days prior to the date of any election for any purpose, held in and for
the city, the registrars shall, in open session in the council chamber,
hear all challenges of the right of registration of any person whose
name appears upon the voters registration list. The procedure for
deciding such challenges shall be provided by ordinance of the mayor
and council.
Section 7.16. Delivery of Voters List to Clerk of Council.
At least three (3) days prior to a primary or election, the registrars
shall file one certified copy of the revised voters list with the clerk of
council for the inspection of all parties concerned.
Section 7.17. Registration to be Permanent Unless
Voter Becomes Disqualified. All persons who register as herein
provided and otherwise qualified to vote in the City of Molena shall
4980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
remain permanently registered and shall be entitled to vote at all
elections held by the City of Molena or its authorities so long as he
may continue to be a qualified voter in said city, provided he does not
become disqualified to vote, in which event said electors name shall
be stricken from the list of qualified voters by the board of registrars,
which is hereby authorized to purge said list prior to each election, as
provided in Code Section 34A-515 (Code Section 21-3-133 of the
Official Code of Georgia Annotated).
Section 7.18. List of Registered Voters to be kept as
Permanent List. The list of registered voters, prepared and purged
as herein provided, shall be kept and retained on file in the office of
the clerk of the mayor and council of the city as a permanent
registration list, until the same has been superseded by a new list also
prepared and purged as provided herein, at which time the super-
seded list may be destroyed.
Section 7.19. Violation by Registrants. Any person who
shall register illegally under this Article or be guilty of a violation of
Code Sections 34-1901 and 34-1902 (Code Sections 21-2-560 and 21-
2-561 of the Official Code of Georgia Annotated) or Code Section
34A-509 (Code Section 21-3-128 of the Official Code of Georgia
Annotated) pertaining to false statements and false registration, in
registering under this Article, shall be guilty of a misdemeanor, and
upon conviction shall be punished therefor.
Section 7.20. Violations by Clerk of Council, Registrars.
Should the clerk of council or registrars wilfully refuse to permit any
person to register who is entitled to do so under this Article or under
Code Chapter 34A-5 (Article 6 of Chapter 3 of Title 21 of the Official
Code of Georgia Annotated), or fail to enter the name of any such
person upon the records to be kept for that purpose, or should
illegally remove the name of any such person from such record, or the
lists prepared for holding such election, or shall wilfully enter the
name of any person on such lists who is not entitled to register, then
such clerk or registrar so violating shall be guilty of a misdemeanor,
and on conviction thereof shall be punished as such.
ARTICLE VIII. ELECTIONS
Section 8.1. Councilmen, Mayor to be Elected by Voters
of Entire City. All councilmen and the mayor of the city shall be
elected by the voters of the entire city, voting at large.
GEORGIA LAWS 1982 SESSION
4981
Section 8.2. Residence Requirements of Candidates for
Councilman, Mayor. In order to be eligible to be elected as a
councilman or as mayor of the city, a candidate must be a resident
and qualified and duly registered elector of the city on the date he
qualifies to run for office, and at the time of election thereto.
Section 8.3. Candidates for Council to Indicate Type of
Candidacy. A candidate for office hereunder shall designate the
specific office and council post for which he is offering as a candidate.
Section 8.4. Designation of Polling Places. The mayor and
council of the city shall designate the polling places for the conduct of
elections in the city.
Section 8.5. 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
said city, at which time they shall be closed.
Section 8.6. Challenge of Voter. When any voter is chal-
lenged, that fact shall be so written opposite his name on the voters
lists and also on his ballot, and he shall be required to take the
following oath:
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 resided in the State for one (1) year, in the County of Pike
for not less than six (6) months and in the City of Molena for not less
than ninety (90) days next preceding the election; 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 his ballot rejected.
Section 8.7. Declaration of Election Results. The mayor
and council, or so many of them as are not disqualified by being a
candidate for election shall, at their first meeting after an election,
declare the result of the election, those receiving the highest number
of votes being declared elected, or the question voted upon being
declared carried or not carried, as the case may be; thej'esolution of
the council declaring the results of the election shall be entered on the
4982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
minutes of the council; provided, however, that any two (2) council-
men or one (1) councilman and the mayor, shall have authority to
declare the result of said election in the event a majority of said body
should be disqualified.
Section 8.8. 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 his 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 8.9. Accompanying Voter to Polls. It shall be
unlawful for any person to lead or carry a voter to the polls, or to
accompany or follow him, either to influence his vote, or to see how he
votes, or to see that he votes in any particular way.
Section 8.10. 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 him 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 8.11. Penalties for Unlawful Conduct at Polls.
Any person or persons who shall in any manner violate either or any of
the provisions of Sections 8.9 or 8.10 shall be guilty of a misdemeanor,
and upon conviction shall be punished as prescribed by law in cases of
misdemeanor.
Section 8.12. Violations and Penalties. The violations set
forth in Code Chapter 34A-16 (Code Sections 21-3-16 and 21-3-17 of
the Official Code of Georgia Annotated), being a part of the Georgia
Municipal Election Code, when committed in any city primary or
election, shall constitute violations of this Article; excepting there-
from, however, those violations and penalties which by their nature
can have no application.
ARTICLE IX. DIRECTORY AND TRANSITORY
PROVISIONS
Section 9.1. Succession to Rights, Privileges, Reme-
dies, Debts, Liabilities. The City of Molena, as continued by
GEORGIA LAWS 1982 SESSION
4983
this Act, 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 Molena and its former governing authorities as heretofore
incorporated.
Section 9.2. Preservation of Ordinances and Resolu-
tions. All ordinances and resolutions in force at the time of the
taking effect of this Act, not inconsistent with its provisions, shall
continue in force until amended or repealed.
Section 9.3. Preservation of Existing Officers, Salaries,
Fees, Licenses, Special Taxes. Nothing in this Act 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 9.4. Severability. In the event any section, subsec-
tion, sentence, clause, or phrase of this Act shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in no
manner affect the other sections, subsections, sentences, clauses, or
phrases of this Act, which shall remain of full force and effect as if the
section, subsection, sentence, clause, or phrase so declared or
adjudged invalid or unconstitutional were not originally a part hereof.
The General Assembly declares that it would have passed the remain-
ing parts of this Act if it had known that such part or parts hereof
would be declared or adjudged invalid or unconstitutional.
Section 9.5. Act Repealed. An Act creating a new charter for
the City of Molena in the County of Pike, approved August 23,1905
(Ga. L. 1905, p. 1018), as amended, is repealed in its entirety.
Section 9.6. Repeal of Conflicting Laws. All laws and parts
of laws in conflict with this Act shall be and are repealed.
Georgia, Pike County.
Notice is hereby given that I shall introduce a bill in the 1982
session of the General Assembly of the State of Georgia, amending the
Charter of the City of Molena, approved by Georgia Laws 1905, p.
1018, as amended, so as to extend the powers of the said City.
4984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 11th day of February, 1982.
/s/ Marvin Adams
Representative for the
79th District, containing
the City of Molena
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 Pike County Reporter which is the
official organ of Pike County, on the following dates: Feb. 17 & 24,
1982 & March 3,1982.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 10th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
GEORGIA LAWS 1982 SESSION
4985
CITY OF LaGRANGE BOARD OF EDUCATION.
No. 1347 (House Bill No. 1941).
AN ACT
To amend an Act creating a 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 change the number of members appointed
to the board of education; to provide that the mayor or his appointee
from the city council shall serve as a member of the board; to provide
that the board shall enjoy immunity; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new Charter for the City of
LaGrange in the County of Troup, approved March 8, 1968, (Ga.
Laws 1968, p. 2191), as amended, is hereby amended by striking
Section 8.11 in its entirety and inserting in lieu thereof a new Section
8.11 to read as follows:
Section 8.11. Board of Education; Appointment, Qualification.
At the first regular meeting of the Mayor and Council held in even
numbered years, said Mayor and Council shall appoint four (4)
members of the Board of Education, and in each odd numbered year,
said Mayor and Council shall appoint three (3) members of the Board
of Education to replace those members whose two (2) year terms
expire at that time. The term of office for members of the Board shall
be for two (2) years, and until their successors are appointed and
qualified, except that the additional member appointed in the year
1982 shall be appointed within thirty (30) days after the effective date
hereof and shall hold office until December 31, 1983, or until his or
her successor is appointed and qualified. All vacancies occurring in
the Board of Education shall be filled by the Mayor and Council of
said City, and members so appointed shall hold office for the balance
of such unexpired term. The mayor of said City shall, by virtue of his
office, be a member of the Board of Education, or in lieu of serving,
the Mayor may appoint a member of the Council of said City to serve
on said Board. The term of any member of the City Council
appointed to serve on said Board shall be annually for the calendar
year or at the pleasure of the Mayor. Said Board shall constitute the
Board of Education for the City of LaGrange, with the right in them
4986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and their successors, to take and hold in trust for the City of
LaGrange any grant or devise of lands, or any donations or bequests
of money, or other personal property made to it for educational
purposes, and they shall have and enjoy the right to contract all
rights, privileges and immunities afforded under the Constitution
and Laws of the State of Georgia. The qualifications of members of
said Board of Education shall be the same as those provided in the
Charter for the Mayor and Council of said City.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1982 Session of the General Assembly of Georgia, a Bill to amend an
Act creating a new charter for the City of LaGrange, approved March
8, 1968 (Ga. Laws 1968, p. 2191), as amended, so as to annex to the
corporate limits of the City of LaGrange the following real estate, to-
wit:
All that tract or parcel of land containing 136.2 acres, more or less,
situate, lying and being in Land Lots 19, 20, 76 and 77 of the 5th Land
District of Troup County, Georgia, lying West of and contiguous to
the existing corporate limits of the City of LaGrange, Georgia.
This 19th day of January, 1982.
J. G. Newman
Mayor,
City of LaGrange
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Edwin G. Mullinax who, on oath,
deposes and says that he/she is Representative from the 69th District,
and that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1982 SESSION
4987
Legislation was published in the LaGrange Daily News which is the
official organ of Troup County, on the following dates: Jan. 22, 29 &
Feb. 5,1982.
/s/ Edwin G. Mullinax
Representative,
69th District
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
SPALDING COUNTY WATER AND SEWERAGE
FACILITIES AUTHORITY ACT.
No. 1348 (House Bill No. 1957).
AN ACT
To create the Spalding County Wate: and Sewerage Facilities
Authority, to authorize such Authority to acquire, construct, equip,
operate, maintain, own and improve self-liquidating projects embrac-
ing sources of water supply, the treatment, distribution and sale of
water and related facilities to individuals, private concerns municipal
corporations 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 Author-
4988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ity and their term of office; to authorize the Authority to contract
with the City of Griffin, Spalding County and with others pertaining
to water and sewerage facilities and to execute leases and do all things
deemed necessary or convenient for the operation of such 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 the revenues and earnings
of the Authority for the payment of such bonds and to authorize the
execution of trust indentures to secure the payment thereof and to
define the rights of the holders of such obligations; to provide that no
debt of the City of Griffin or of Spalding 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; to fix the venue or
jurisdiction of actions relating to any provisions of this Act and to
provide for the separate enactment of each provision of this Act and
repealing all laws or parts of laws in conflict with provisions of this
Act; and for other purposes.
WHEREAS, the population of Spalding 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 Spalding
County Water and Sewerage Facilities Authority Act.
Section 2. (a) Spalding County Water and Sewerage Facilities
Authority. There is hereby created a public body corporate and
politic, to be known as the Spalding County Water and Sewerage
Facilities Authority, which shall be deemed to be a public corpora-
tion and by such name, style and title, said body may contract and be
GEORGIA LAWS 1982 SESSION
4989
contracted with, sue and be sued, implead and be impleaded, com-
plain and defend in all courts of law and equity, except that the
Authority or the Trustee acting under any trust indenture shall in no
event be liable for any torts committed by any of its officers, agents or
employees.
(b) The Authority shall be composed of six members to be
appointed by resolution of the governing body of Spalding County for
initial terms of two, four and six years, and thereafter for staggered
terms of six years. At the time of the election of the first members, the
governing body of Spalding County shall elect two members for two
years, two members for four years, and two members for six years, and
thereafter the terms of all members shall be six years. If, at the end of
any term of office of any member, a successor thereto shall not have
been elected, then the member whose term of office shall have expired
shall continue to hold office until his successor shall be so elected.
(c) Immediately after the passage of this Act and the appoint-
ment of the members by the governing body of Spalding County, the
members of the Authority shall enter upon their duties, and as soon as
is practicable thereafter, they shall hold an organizational meeting.
The members of the Authority shall elect one of their number as
Chairman and another as Vice Chairman. The members shall also
elect a Secretary and a Treasurer, or a Secretary-Treasurer who need
not be members of the Authority. An Assistant Secretary may also be
elected at the discretion of the Authority. Three members of the
Authority shall constitute a quorum. No vacancy on the Authority
shall impair the authority of the quorum to exercise all of the rights
and powers of and perform all of the duties and obligations of the
Authority. The members of the Authority shall not be entitled to any
compensation for their services, but shall be reimbursed for their
actual expenses necessarily incurred in the performance of their
duties. The Authority may make rules and regulations and adopt by-
laws for its own government. The Authority shall have perpetual
existence.
Section 3. Definitions. As used in this Act the following words
and terms shall have the following meanings:
Authority shall mean the Spalding County Water and Sewerage
Facilities Authority created by Section 2 of this Act.
4990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cost of the project shall embrace the cost of construction, the
cost of all lands, properties, rights, easements and franchises
acquired, the cost of all machinery and equipment, financing charges,
interest prior to and during construction, and for one year after
completion of construction, the cost of engineering, architectural,
fiscal and legal expenses, and of plans and specifications, and other
expenses necessary or incident to determining the feasibility or
practicability of the project, administrative 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 condemnation of property necessary for such
construction and operation. The cost of any project may also include
a fund or funds for the creation of a debt service reserve, a renewal
and replacement reserve and such other reserves as may be reason-
ably 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.
project shall be deemed to mean and include the acquisition and
construction of systems, plants, works, instrumentalities, and proper-
ties: (1) used or useful in connection with the obtaining of a water
supply and the conservation, treatment, distribution and sale of
water for public and private uses; (2) used or useful in connection with
the collection, treatment and disposal of sewerage, waste and storm
water; together with all parts of any such system, plant, work,
instrumentality and property and all appurtenances thereto, includ-
ing lands, easements, rights in land, water rights, contract rights,
franchises, approaches, dams, reservoirs, generating stations, sewer-
age disposal plants, intercepting sewers, trunk connecting and other
sewers and watermains, filtration works, pumping stations, and
equipment.
revenue bonds and bonds as used in this act, shall mean
revenue bonds authorized to be issued pursuant to this Act and
revenue bonds may be issued by the Authority as authorized herein
without any other actions or proceedings.
GEORGIA LAWS 1982 SESSION
4991
Any project shall be deemed self-liquidating if, in the sole
judgment of the Authority, the revenues and earnings to be derived
by the Authority therefrom, including but not limited to any contrac-
tual payments, and all properties used, leased and sold in connection
therewith, together with any grants, will be sufficient to pay the cost
of operating, maintaining, repairing, improving and extending the
project and to pay the principal and interest of the revenue bonds
which may be issued for the cost of such project or projects.
Section 4. Powers. The Authority shall have the power:
(a) To have a seal and alter the same at its pleasure;
(b) 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;
(c) To acquire in its own name by purchase, on such terms and
conditions and in such manner as it may deem proper, or by condem-
nation in accordance with the provisions of any and all existing laws
applicable to the condemnation of property for public use, real
property or rights of easements therein or franchises necessary or
convenient for its corporate purposes, and to use the same so long as
its corporate existence shall continue, and to lease or make contracts
with respect to the use of or dispose of the same in any manner it
deems to the best advantage of the Authority, the Authority being
under no obligation to accept and pay for any property condemned
under this Act except from the funds provided under the authority of
this Act, and in any proceedings to condemn, such orders may be
made by the court having jurisdiction of the suit, action or proceed-
ings as may be just to the Authority and to the owners of the property
to be condemned, provided no property shall be acquired under the
provisions of this Act upon which any lien or other 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 encumbrance;
(d) To enter into an agreement with the City of Griffin, with
Spalding County or with any other political subdivision or municipal
corporation of the State with respect to acquiring a source of water
supply, providing sewerage service, preparing engineering data, plans
and specifications for a water and sewerage system, extending water-
mains, apportioning the costs of constructing, extending and main-
4992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taining a water or sewerage system, or both, providing for the testing
and inspection of facilities constructed, providing for rates to be
charged for water and sewerage services furnished to users of the said
system, providing for the reading of meters and keeping of pertinent
records, apportioning or designating the responsibility for any func-
tions 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 Spalding County and the
municipalities therein, including the City of Griffin, and the residents
of each a satisfactory and reliable water and sewerage system at the
most reasonable cost possible.
(e) 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.
(f) 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 any and all
persons, firms and corporations and any and all political subdivisions,
departments, institutions or agencies of the State and all special
districts and all municipal corporations located in Spalding County
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, special
districts and counties and to the Authority to enter into contracts,
lease agreements, or other undertakings relative to the furnishing of
water and sewerage service and facilities or either of them by the
Authority to such municipal corporations, special districts and coun-
ties and by such municipal corporations, special districts and counties
to the Authority for a term not exceeding 50 years. As to any political
subdivision, department, institution or agency of this State and all
special districts and municipal corporations located in Spalding
County which shall enter into an agreement under the authority
granted herein or in subsection (d) 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.
(g) To construct, erect, acquire, own, repair, remodel, maintain,
add to, extend, improve, equip, operate and manage projects, as
GEORGIA LAWS 1982 SESSION
4993
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;
(h) To make loans with, and accept grants or loans of money or
materials or property of any kind from, the United States of America
or any agency or instrumentality thereof, upon such terms and
conditions as the United States of America or such agency or instru-
mentality may impose;
(i) To make loans with, and accept grants or loans of money,
materials or property of any kind from, the State of Georgia or any
agency, instrumentality or political subdivision thereof, upon such
terms and conditions as the State of Georgia or such agency, instru-
mentality or political subdivision may impose;
(j) 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;
(k) To exercise any power usually possessed by private corpora-
tions performing similar functions, including the power to make short
term loans and to approve, execute and deliver appropriate evidence
of any such indebtedness, providing, no such power is in conflict with
the Constitution or general laws of this State; and
(l) 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 issuance of negotiable revenue bonds for that purpose.
The principal and interest of such revenue bonds shall be payable
solely from the special fund herein provided for such payment. The
bonds of each issue shall be dated, shall mature at such time or times
not exceeding 30 years from their date or dates, shall be payable in
4994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 of Georgia governing usury or prescribing or
limiting interest rates to be borne by bonds or other obligations.
Section 6. Revenue bonds; form; denominations; registration;
place of payment. The Authority shall determine the form of the
bonds, including any interest coupons to be attached thereto, and
shall fix the denomination or denominations of the bonds and the
place 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, and provision may be made for registra-
tion, conversion and exchangeability privileges, rights of redemption,
and may contain such other terms, covenants, assignments and
conditions as the resolution or resolutions authorizing the issuance of
such bonds may provide.
Section 7. Same; signatures; seals. All such bonds shall bear the
manual or facsimile signature of the Chairman or Vice Chairman of
the Authority, the attesting manual or facsimile signature of the
Secretary, Assistant Secretary or Secretary-Treasurer of the Author-
ity, and the official seal of the Authority shall be affixed thereto,
either manually or by facsimile. The signature of one of such officers
shall be placed manually on each bond. Any coupons attached thereto
shall bear the manual or facsimile signature of the Chairman or Vice
Chairman and the Secretary, Assistant Secretary or Secretary-Trea-
surer of the Authority. Any coupon may bear the facsimile signature
of such persons and any bond may bear the facsimile signature of and
may be manually signed, sealed and attested on behalf of the Author-
ity by such persons as at the actual time of the execution of such
bonds shall be duly authorized or hold the proper office, although at
the date of issuance of such bonds such persons may not have been so
authorized or shall not have held such office. In case any officer
whose signature shall appear on any bond or on any coupon shall
GEORGIA LAWS 1982 SESSION
4995
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 purpose and the said bonds, their
transfer and the income therefrom shall be exempt from all taxation
within the State.
Section 9. Same; sale; price. The Authority may sell such bonds
in such manner and for such price as it may determine to be for the
best interest of the Authority.
Section 10. Same; proceeds of bonds. The proceeds of such
bonds shall be used solely for the payment of the cost of the project or
projects, and unless otherwise provided in the resolution authorizing
the issuance of the bonds or in any trust indenture, additional bonds
may in like manner be issued to provide the amount of any deficit,
which unless otherwise provided in the resolution authorizing the
issuance over the bonds or in any trust indenture, shall be deemed to
be of the same issue and shall be entitled to pay from the same fund
without preference or priority of the bonds first issued for the same
purpose. If the proceeds of the bonds of any issue shall exceed the
amount required for the purpose for which such bonds are issued, the
surplus shall be used for paying the principal of and the interest on
such bonds.
Section 11. Same; interim receipts and certificates or temporary
bonds. Prior to the preparation of definitive bonds, the Authority
may, under like restrictions, issue interim receipts, interim certifi-
cates or temporary bonds, with or without coupons, exchangeable for
definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The
Authority may also provide for the replacement of any bond which
shall become mutilated or be destroyed or lost.
Section 13. Same; conditions precedent to issuance; object of
issuance. Such revenue bonds may be issued without any other
4996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
proceedings or the happening of any other conditions or things than
those proceedings, conditions and things which are specified or
required by this Act. In the discretion of the Authority, revenue
bonds of a single issue may be issued for the purpose of any particular
project. Any resolution providing for the issuance of revenue bonds
under the provisions of this Act shall become effective immediately
upon its passage and need not be published or posted, and any such
resolution may be passed at any regular, special or adjourned meeting
of the Authority by a majority of the quorum as 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 State of Georgia, the City of Griffin or of Spalding County,
nor a pledge of the faith and credit of the said state, city or county,
but such bonds shall be payable solely from the fund hereinafter
provided for, and the issuance of such revenue bonds shall not
directly, indirectly or contingently obligate said state, city or county
to levy or to pledge any form of taxation whatever therefor or to make
any appropriation for their payment, and all such bonds shall contain
recitals on their face covering substantially the foregoing provisions
of this section.
Section 15. Same; trust indenture as security. In the discretion
of the Authority, any issue of such revenue bonds may be secured by a
trust indenture by and between the Authority and a corporate
trustee, which may be any trust company or bank 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 monies, and may also
provide that any project shall be construed and paid for under the
supervision and approval of consulting engineers or architects
employed or designated by the Authority, and satisfactory to the
original purchasers of the bonds issued therefor and may also require
that the security given by contractors and by any depositary of the
proceeds of the bonds or revenues or other moneys be satisfactory to
such purchasers, and may also contain provisions concerning the
GEORGIA LAWS 1982 SESSION
4997
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
maintenance, operation and repair of the project affected by such
indenture.
Section 16. Same; to whom proceeds of bond shall be paid. The
Authority shall, in the resolution providing for the issuance of reve-
nue 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, 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 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
4998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 resolu-
tion authorizing the issuance of the bonds or in any trust indenture,
surplus monies in the sinking fund may be applied to the purchase or
redemption of bonds and any such bonds so purchased or redeemed
shall forthwith be cancelled and shall not again be issued.
Section 18. Same; remedies of bondholders. Any holder of
revenue bonds issued under the provisions of this Act or any of the
coupons appertaining thereto, and the trustee under the trust 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 issuance of refunding
bonds of the Authority for the purpose of refunding any revenue
bonds issued under the provisions of this Act and then outstanding,
together with accrued interest thereon and to refund any revenue
bonds issued by any city, county or authority with respect to any
facilities to be acquired by the Authority from any such city, county
or authority. The issuance of such revenue refunding bonds, the
maturities and all other details thereof, the rights of the holders
thereof and the duties of the Authority in respect to the same, shall be
governed by the foregoing provisions of this Act insofar as the same
may be applicable.
Section 20. Same; venue and jurisdiction. Any action to protect
or enforce any rights under the provisions of this Act or any suit or
action against such Authority shall be brought in the Superior Court
of Spalding County, Georgia, and any action pertaining to validation
of any bonds issued under the provisions of this Act shall likewise be
GEORGIA LAWS 1982 SESSION
4999
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 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
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 valida-
tion, shall be final and conclusive with respect to such bonds, against
the Authority issuing the same, and any municipality, county, author-
ity, subdivision, instrumentality or other party contracting with the
said Authority.
Section 22. Same; interest of bondholders protected. While any
of the bonds issued by the Authority remain outstanding, the powers,
duties or existence of said Authority or of its officers, employees or
agents shall not be diminished or impaired in 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.
5000 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 the
City of Griffin, Spalding County and their environs, including muni-
cipalities within and without the said county and to adjoining coun-
ties; extending and improving such facilities; and, doing all things
deemed by the Authority necessary, convenient and desirable for an
incident to the efficient and proper development and operation of
such type of 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 undertak-
ing or project, to issue revenue bonds as herein provided to finance in
whole or in part the cost of the acquisition, construction, reconstruc-
tion, improvement, betterment or extension of the water and sewer-
age system, and to pledge to the punctual payment of said bonds and
interest thereon, all or any part of the revenues of such undertaking or
project, including the revenues of improvements, betterments or
extensions thereto thereafter made.
Section 26. Tax-exempt status of Authority. The properties of
the Authority, both real and personal, are declared to be public
properties used for the benefit and welfare of the people of the State
of Georgia, and not for purposes of private or corporate benefit and
income, and such properties and the Authority shall be exempt from
all taxes and special assessments of any city, county, or the State or
any political subdivision thereof.
Section 27. Rules and regulations for operation of projects. It
shall be the duty of the Authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act.
Section 28. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to provide an additional
and alternative method for the doing of the things authorized thereby
GEORGIA LAWS 1982 SESSION
5001
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. Effect of partial invalidity of Act. The provisions of
this Act are severable, and if any of its provisions shall be held
unconstitutional by any court of competent jurisdiction, the decision
of such court shall not affect or impair any of the remaining provi-
sions.
Section 31. Repeal. This Act does not in any way take from
Spalding 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. All laws and parts of law in conflict with this Act are
hereby repealed.
Section 32. Effective date. 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 1982
Session of the General Assembly of Georgia a bill creating the
Spalding County Water and Sewerage Facilities Authority, confer-
ring powers and imposing duties on said Authority, repealing conflict-
ing laws and for other purposes.
This the 12th day of January, 1982.
Mrs. Maureen C. Jackson
Clerk of Board of Commissioners
of Spalding County, Georgia
5002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, James R. 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: Jan. 22 & 29,
1982 & Feb. 5,1982.
/s/ James R. Fortune
Representative,
71st District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 13, 1982.
CITY OF DALTON CHARTER AMENDED.
No. 1373 (House Bill No. 1357).
AN ACT
To amend an Act incorporating the City of Dalton, approved
February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by
an Act approved March 22, 1974 (Ga. L. 1974, p. 2744), an Act
GEORGIA LAWS 1982 SESSION
5003
approved February 11, 1977 (Ga. L. 1977, p. 2601), and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3242), so as comprehen-
sively to revise and consolidate and to restate comprehensively the
Mayor and Council of the City of Dalton Employees Pension Plan;
to provide that certain changes shall become effective on a date
certain; to change the eligibility requirement for participation in said
pension plan; to eliminate long-term disability and death benefits
under said pension plan; to define actuarial equivalency; to provide
application and enrollment requirements for participation in said
pension plan; to define severance from service of an Employer under
said pension plan; to clarify the meaning of various provisions of said
pension plan including who is an Employer, the cost-of-living
adjustment, the normal form of benefit, basic monthly earnings,
continuous service, and spousal annuity; to provide for other matters
relative thereto; to provide legislative intent; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Dalton, approved
February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by
an Act approved March 22, 1974 (Ga. L. 1974, p. 2744), an Act
approved February 11, 1977 (Ga. L. 1977, p. 2601), and an Act
approved March 18, 1980 (Ga. L. 1980, p. 3242), is amended by
renumbering Section 1 of said 1974 amendatory Act, as amended, as
Section 1A and by striking Section 2 through Section 25 of said 1974
amendatory Act, as amended, and substituting in lieu thereof the
following:
Section 1. Definitions. As used herein, unless otherwise
defined or required by the context, the following words and phrases
shall have the meanings indicated:
1.01. Employer shall mean whichever of the Mayor, the
Council, the Civil Service Commission, the Water Light and
Sinking Fund Commission, or the Recreation Commission of the
City of Dalton shall exercise direction and control over the partici-
pant at the time of reference, and City shall mean the Mayor and
the Council of the City of Dalton.
1.02. Board shall mean the Board of Trustees of the Mayor
and Council of the City of Dalton Employees Pension Plan,
established in accordance with Section 10.04.
5004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1.03. Plan shall mean the Mayor and Council of the City of
Dalton Employees Pension Plan as herein amended and restated.
1.04. Prior Plan shall mean the Mayor and Council of the
City of Dalton Employees Pension Plan, as in effect on June 30,
1982.
1.05. Employee shall mean all persons including the City
Clerk employed by an Employer provided, however, that it shall
not include the Mayor, Councilmen, Water, Light and Sinking
Fund Commissioners, Recreation Commissioners, or Civil Service
Commissioners (including, but not limited to the Police and Fire
Department Commissioners), nor shall it include any consultant
or independent contractor.
1.06. Eligible Employee shall mean any Employee who has
satisfied the provisions for participation set forth in Section 2 of
this Plan.
1.07. Participant shall mean an Employee or former
Employee eligible to participate in the Plan.
1.08. Contributions shall mean the Employer contributions
made in accordance with Section 9.01 of the Plan as well as the
Participants contributions made in accordance with Section 9.03
of the Plan.
1.09. Credited Service shall mean continuous service under
the Prior Plan as of June 30, 1982, expressed in months of service.
For periods after June 30,1982, it shall mean all months of service
beginning with July 1, 1982, determined generally with reference
to the total period of time which elapses while the Employee is
employed with the Employer.
1.10. Period of Service shall mean a period of service
commencing on the Employees employment commencement date
and ending on the severance from service date.
1.11. Month of Service shall mean a calendar month during
all or part of which the employee shall be engaged as a full-time
employee of the Employer.
GEORGIA LAWS 1982 SESSION
5005
1.12. Employment Commencement Date shall mean the
date on which the Employee first performs services as a full-time
employee for the Employer.
1.13. Severance from Service Date shall mean the date on
which an Employee terminates from the employ of Employer for
any reason or retires pursuant to provisions of Sections 3, 4 or 5 of
this Plan, whichever shall first occur. Severance from service shall
not result from any period of absence of an Employee who has
obtained a written authorized leave of absence from the Employer
pursuant to an established nondiscriminatory policy, whether
occasioned by illness or any other reason.
1.14. Participation Commencement Date shall mean the
date a Participant first commences participation under the Plan.
1.15. Basic Monthly Earnings shall mean with respect to any
Participant the total compensation paid or accrued, including any
bonus or deferred compensation for past services or performance,
paid or accrued by the Employer for a Plan Year divided by twelve
(12). Amounts contributed by the Employer under the Plan and
any fringe benefit shall not be considered as compensation. Any
bonus or deferred income for past services or performance is not a
fringe benefit and is included in total compensation for the Plan
year paid or deferred.
1.16. Effective Date shall mean (a) January 1,1967, as to the
Prior Plan as amended; and (b) July 1,1982, as to the Plan herein
amended and restated.
1.17. Plan Year shall mean the twelve-month period ending
December 31st of each year.
1.18. Participants Contributions with Interest shall mean
as of any date the total of a participants contributions made after
the effective date of the Prior Plan plus accumulated compound
interest at the rate of three (3%) percent per annum from the last
day of the year in which a contribution is made to the date of
reference.
1.19. Investment Manager shall mean any person, firm or
corporation who is a registered investment adviser under the
Investment Advisers Act of 1940, a bank or an insurance com-
5006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pany, and (a) has the power to manage, acquire, or dispose of Plan
assets, and (b) who acknowledges in writing his fiduciary responsi-
bility to the Plan.
1.20. Contract shall mean, as of the effective date of this
Plan and under the Prior Plan, Group Annuity Contract No. 1515,
issued by the Metropolitan Life Insurance Company to the
Employer, as amended from time to time, or any other life annuity
contract or policy of insurance made or entered or substituted for
the foregoing by the Board after the effective date of this Plan.
1.21. Prior Benefit shall mean the Participants monthly
benefit, determined under the provisions of the Plan as it existed
prior to July 1,1982, including any permanent disability, pension
or death benefit.
1.22. Actuarial Equivalent shall for all Participants, mean a
benefit in accordance with accepted actuarial principles and based
on annuity mortality tables deemed current by the Board and
adopted by the Board and applied consistently, and interest at the
rate selected by the Board as current.
1.23. Final Average Earnings shall mean the average of a
Participants basic monthly earnings during any period of thirty-
six (36) consecutive calendar months within the last ten (10) years
of Credited Service which produces the highest monthly average.
1.24. Pension Benefit shall mean, as of the date of retire-
ment or termination the monthly retirement benefit of the Partic-
ipant, equal to the product of (a) multiplied by (b), where (a) is
Thirteen hundredths (0.13%) percent (.0013) of the Participants
final average earnings, and (b) is the number of continuous
months of credited service by the Participant to the normal
retirement date.
1.25. Beneficiary shall mean the person(s) designated by the
Participant in accordance with Section 6.03 or its predecessor
provision(s) under the Prior Plan, who is or are entitled to receive
benefits after the death of a Participant under the terms of the
Plan.
1.26. Plan Actuary shall mean an individual who is an
enrolled actuary, or shall mean a company having as employees
GEORGIA LAWS 1982 SESSION
5007
one or more enrolled actuaries. If the Plan Actuary is a company,
such company shall designate, in writing to the Board, the individ-
ual enrolled actuary who is responsible for the actuarial services to
be provided to the Plan.
1.27. Plan Assets shall mean all property of any kind held by
the Board at the time of reference pursuant to the provisions of
the Plan together with any income accruing thereon.
Section 2. Eligibility and Participation.
2.01. Participation of Participants Under Prior Plan.
Each Employee in the employ of the Employer on June 30,1982, who
was a Participant in the Prior Plan as of such date, shall continue to
participate herein in accordance with the provisions hereof. Former
employees who are Participants and who are receiving or are entitled
to receive a nonforfeitable benefit under the terms of the Prior Plan
shall continue to receive or shall receive said Prior Benefit in accord-
ance with the provisions of the Prior Plan.
2.02. Eligibility Requirements for Employees Employed
Before July 1, 1982. Each Employee in the employ of the
Employer on June 30, 1982, shall be eligible to participate in accord-
ance with the eligibility for participation provisions of the Prior Plan.
The maximum age condition for such employee shall be that provided
under the Prior Plan.
2.03. Eligibility Requirements for Employees Employed
on or After July 1,1982.
(i) Each Employee employed by the Employer on or after July 1,
1982, who has completed six (6) continuous months of service and has
reached his twenty-fifth (25) birthday, shall be eligible to participate
in the Plan and shall enter the Plan as a Participant as of the first
(1st) day of the month coincident with or immediately following his
satisfying such requirements.
(ii) In order to become a Participant hereunder, each Employee
must make application to the Employer for participation in the Plan
and agree to the terms hereof. Making of said application shall apply
to a Participant eligible under Sections 2.01 and 2.02 as well as
Section 2.03 hereof. In the event any Employee fails to file such
application, the Employer may file such application on behalf of such
5008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Employee on a nondiscriminatory basis. Upon the acceptance of any
benefits under this Plan, such Employee shall automatically be
bound by the terms and conditions of this Plan and all amendments
hereto.
2.04. Maximum Age for Employees Newly Employed on
or after July 1, 1982. Notwithstanding the foregoing subsection
2.03, however, any Employee who has reached the age of fifty (50)
years as of the date he satisfies the eligibility requirement under
Section 2.03 shall be excluded from participation in the Plan.
2.05. Participation of Persons Entitled to Prior Benefits.
Any person who has been a participant in the Prior Plan and who
became entitled to Prior Benefits shall continue to participate in the
Plan as a recipient of the Prior Benefits as provided under the Prior
Plan.
2.06. Determination of Eligibility. The Board shall deter-
mine the eligibility of each Employee for participation in the Plan
based upon information furnished by the Employer. Such determina-
tion shall be conclusive and binding upon all persons, as long as the
same is made in accordance with the terms of this Plan and applicable
federal and state pension statutes, provided such determination shall
be subject to review as provided in Section 10.05.
2.07. Plan Participation Does Not Affect Employers
Right to Discharge. Participation in the Plan shall not give any
Employee the right to be retained in the Employers employ or to
interfere with the right of the Employer to discharge any Employee at
any time.
Section 3. Normal Retirement. Normal retirement under
the Plan is retirement from the employ of the Employer on the
Normal Retirement Date. In the event of normal retirement, payment
of the pension benefit shall be governed by the following provisions of
this section.
3.01. Normal Retirement Date. The Normal Retirement
Date of a Participant shall at the election of the Participant be one of
the following: (1) the first day of the month coincident with or
immediately following the date he attains his 65th birthday, (2) the
first day of the month coincident with or immediately following the
completion of both (a) three hundred (300) continuous months of
GEORGIA LAWS 1982 SESSION
5009
service, and (b) attainment of age 55, or (3) the first day of the month
coincident with or immediately following the completion of three
hundred sixty (360) continuous months of service.
3.02. Amount of Retirement Benefit. The pension benefit
payable to a Participant who retires on his Normal Retirement Date
shall be in an amount equal to the product of: (a) Thirteen
hundredths (0.13%) percent of the Participants final average
earnings, and (b) the number of continuous months of service by the
Participant to the normal retirement date.
3.03. Payment of Pension Benefit. The pension benefit
payable in the event of a Participants retirement on his normal
retirement date shall be payable in advance on the first day of each
month with the first payment due on the Participants normal
retirement date. The pension benefit shall be paid during the life of
the Participant and for a period of one hundred twenty (120) months
certain and continuous from the Participants normal retirement
date. In the event of the Participants death within a period of one
hundred twenty (120) months after his retirement date, the same
pension benefit shall be payable for the remainder of the one hundred
twenty (120) month period to the Participants designated benefi-
ciary as provided in Section 6.03 hereof.
If the deceased Participant shall have a qualifying spouse as
defined in Section 6.01 hereof, a monthly survivor benefit payment
equal to fifty-five (55%) percent of the pension benefit shall be
payable to said qualifying spouse during said qualifying spouses
lifetime. This survivor benefit to said qualifying spouse shall be paid
in advance on the first day of each month with the first payment due
on the first day of the month coincident with or following the one
hundred twenty (120) month period from the deceased Participants
retirement date.
3.04. Death of Participant-Employee After Reaching
Earlier But Prior to Reaching Latest Normal Retirement
Date.
(i) Since a participant may have three possible normal retire-
ment dates under Section 3.01, any Participant in the employ of
Employer beyond earlier possible normal retirement date(s) but
before reaching the latest possible normal retirement date shall not
be considered to be subject to the provisions of Section 5 on late
retirement.
5010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(ii) In the event of the retirement, death, or termination for any
reason, whether due to disability or otherwise, of a Participant who
remains employed after reaching earlier normal retirement date(s)
provided in Section 3.01, but prior to reaching the latest normal
retirement date provided, said Participant shall be deemed to have
attained normal retirement on the first day of the month coincident
with or immediately following said Participants actual retirement,
death, or termination for any reason and the provisions of Section
3.02 and 3.03 hereof shall be applied in accordance herewith.
3.05. Election of Fixed Monthly Benefit Under Prior
Plan. A Participant who has made the irrevocable election or prior to
retirement elects under Sections 6(b) and (c) of the Prior Plan (Ga. L.
1974, p. 2744, as amended) the fixed monthly retirement benefit of
one hundred ($100) dollars per month payable during the Partici-
pants life upon the Participant attaining age 65 or completing
twenty-five (25) years of continuous service, shall be entitled only to
said elected benefit and Sections 3.01, 3.02, and 3.03 hereof are not
applicable to said electing Participant.
The irrevocable election provided in the foregoing paragraph shall
be made on a form prescribed by the Board and only those Partici-
pants under the Prior Plan covered under the pension provisions of
Ga. L. 1945, p. 593, as amended, are eligible to make such election.
Section 4. Early Retirement. A Participant may elect to
retire on an early retirement date. Early retirement shall be governed
by the following provisions of this section.
4.01. Early Retirement Date Defined. Early retirement
under the Plan is retirement from the employ of the Employer, (a)
prior to normal retirement date and (b) after the Participant has
reached his 50th birthday and has at least one hundred eighty (180)
continuous months of service. The Participants early retirement date
is the first (1st) day of the month coincident with or immediately
following the day of the Participants actual retirement after meeting
the requirements for early retirement set forth in the preceding
sentence.
4.02. Amount of Early Retirement Benefit. The early
retirement benefit payable in the event of early retirement shall be in
the amount and payable as follows:
GEORGIA LAWS 1982 SESSION
5011
A monthly benefit equal to the product of (a) multiplied by
(b) where (a) is an amount equal to thirteen hundredths (0.13%)
percent (.0013) of the Participants final average earnings and (b)
is the number of continuous months of continuous service of the
Participant to his date of retirement with said product reduced by
the actuarial equivalent as provided under Section 1.22 hereof.
Said monthly benefit shall commence immediately upon the
Participants early retirement with the first monthly benefit
payment due on his early retirement date. Payment of said
monthly early retirement benefit shall be made in advance on the
first day of each month. The early retirement monthly benefit
shall be paid during the life of the Participant and for a period of
one hundred twenty (120) months certain and continuous from
the Participants early retirement date.
In the event of the Participants death within a period of one
hundred twenty (120) months of his early retirement date, the
same monthly early retirement benefit shall be payable for the
remainder of the one hundred twenty (120) month period to the
Participants designated beneficiary as provided in Section 6.03
hereof. If the deceased Participant shall have a qualifying spouse
as defined in Section 6.01 hereof, a monthly survivor benefit
payment equal to fifty-five (55%) percent of the pension benefit
shall be payable to said qualifying spouse during said qualifying
spouses lifetime. This survivor benefit to said qualifying spouse
shall be paid in advance on the first day of each month with the
first payment due on the first day of the month coincident with or
following the one hundred twenty (120) month period from the
deceased Participants early retirement date.
4.03. Early Retirement Not Applicable to Those Electing
Under Section 3.05. The election for early retirement provided in
Section 4 of the Plan shall not be applicable to any Participant
making the irrevocable election referred to in Section 3.05 hereof.
Section 5. Late Retirement.
5.01. Late Retirement Defined. In the event of retirement of
the Participant after reaching his normal retirement date at age sixty-
five (65), which is known as late retirement, no benefit will be paid to
the Participant until he actually retires. Further, a Participant may
not accrue any additional pension benefit by working beyond his
5012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
normal retirement date at age 65 and said Participant shall be
entitled to receive beginning at his late retirement date only the
actuarial equivalent of the pension benefit which he would have
received beginning on his normal retirement date at age 65. The late
retirement date shall be the first day of the month coincident with or
following the date of retirement of a Participant who has continued in
the employ of the Employer beyond his normal retirement date at age
sixty-five (65).
5.02. Benefit Payable with Late Retirement. The retire-
ment benefit commencing at late retirement date shall be the actuar-
ial equivalent of the benefit the Participant would have received at
his normal retirement date at age sixty-five (65). The pension benefit
payable in the event of a Participants late retirement date shall be
payable in advance on the first day of each month with the first
payment due on the Participants late retirement date. The pension
benefit shall be paid during the life of the Participant and for a period
of one hundred twenty (120) months certain and continuous from the
Participants late retirement date. In the event of the Participants
death within a period of one hundred twenty (120) months of his late
retirement date, the same pension benefit shall be payable for the
remainder of the one hundred twenty (120) month period to the
Participants designated beneficiary as provided in Section 6.03
hereof.
If the deceased Participant shall have a qualifying spouse as
defined in Section 6.01 hereof, a monthly survivor benefit payment
equal to fifty-five (55%) percent of the pension benefit shall be
payable to said qualifying spouse during said qualifying spouses
lifetime. This survivor benefit to said qualifying spouse shall be paid
in advance on the first day of each month with the first payment due
on the first day of the month coincident with or following the one
hundred twenty (120) month period from the deceased Participants
late retirement date.
5.03. Death Before Late Retirement Date. If a Participant
dies after reaching his normal retirement date at age sixty-five (65)
but before his late retirement date, then for purposes of receiving his
late retirement benefit such deceased Participant shall be deemed to
have retired on the day immediately preceding his date of death.
Section 6. Qualifying Spouse Defined: When Qualifying
Spouse Deemed Beneficiary.
GEORGIA LAWS 1982 SESSION
5013
6.01. Qualifying Spouse Defined. The term qualifying
spouse for purposes of this Plan shall mean the surviving spouse of
the Participant who has been legally married to the Participant for a
period greater than one (1) year immediately preceding the date of
Participants death.
6.02. Qualifying Spouse Deemed Beneficiary Where No
Beneficiary Designation Made. If a Participant with a qualify-
ing spouse has not made a beneficiary designation as hereinafter
provided in Section 6.03 (i), said qualifying spouse shall be deemed
the Participants beneficiary for purposes of any benefits under this
Plan.
6.03. Designation of Beneficiaries.
(i) Each Participant shall designate a Beneficiary to receive the
benefits, if any, which may be payable in the event of his death,
pursuant to the provisions of Section 3.03, 4.03, 5.02, and 8.02. Such
designation shall be made in writing by the Participant on a form
provided by the Employer.
The Participant may change his designation from time to time by
filing the proper change of beneficiary form with the Employer, and
each properly executed change of beneficiary form shall revoke all
prior designations by the Participant. In the event a Participant has
designated a Beneficiary under the Contract prior to July 1,1982, but
has not designated a Beneficiary pursuant to this Section, the Benefi-
ciary designated under the Contract shall be deemed to be the
Beneficiary designated under this section.
(ii) If the Beneficiary designated by the Participant does not
survive the Participant, the Board shall direct the payment of such
benefits to a deemed beneficiary in the following order to: (a) the
qualifying spouse of the deceased Participant, if living; otherwise to
(b) the descendants of the deceased Participant, per stirpes; or, if
none, to (c) the legal representative of the estate of the deceased
Participant.
(iii) In the event of the death of a Beneficiary who survives the
Participant and who, at his or her death, is receiving the benefits as
described in Section 6.03 (i), the remaining benefits payable shall be
paid first to any surviving contingent beneficiary designated by the
Participant to receive such benefits or, if no person was so designated,
5014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
then to the descendants of the Participant, per stirpes; provided,
however, that if no such person be living upon the occurrence of such
contingency, the benefits, if any, shall be payable to (a) the qualifying
spouse of the deceased Participant, if living; otherwise, to (b) the legal
representative of the estate of the deceased beneficiary.
(iv) In the event the Board is uncertain as to direction of the
payments hereunder, the Board may elect to have a Court of applica-
ble jurisdiction determine to whom payments should be made.
Section 7. Cost-of-Living Adjustment.
7.01. Benefits Subject to Adjustment. The benefit payable
to a Participant, any beneficiary, and qualifying spouse under Sec-
tions 3.03, 4.03, 5.02, and 8.02 hereof shall be subject to an annual
cost-of-living adjustment as provided in Section 7.02 hereof.
7.02. Amount of Adjustment. Any of the benefit payments set
forth in Section 7.01 hereof shall be increased on an annual basis at
the beginning of each Plan Year unless the Board shall by resolution
determine not to make said adjustment by an amount equal to four
(4%) percent of the monthly benefit determined as of the date that
monthly benefit commenced. The application of this cost-of-living
adjustment is illustrated by the table set forth in Section 7.03 hereof.
7.03. Illustration of Cost-of-Living Adjustment.
Table Shows Cost-of-Living Adjustment
per $100 of Initial Monthly Benefit
* Plan
Year of Monthly
Reference Benefit
Percentage Amount of
Adjustment Adjustment
Monthly
Benefit
after
1
2
3
4
5
6
7
$100
$100
$100
$100
$100
$100
$100
4%
4%
4%
4%
4%
4%
$4.00 $104.00
$4.00 $108.00
$4.00 $112.00
$4.00 $116.00
$4.00 $120.00
$4.00 $124.00
GEORGIA LAWS 1982 SESSION
5015
8
9
10
11
etc,
$100
$100
$100
$100
4%
4%
4%
4%
$4.00 $130.00
$4.00 $134.00
$4.00 $138.00
$4.00 $142.00
* Assume benefit commences in Plan Year of reference #1.
**Any adjustment is potentially subject to waiver of cost-
of-living by the Board.
Section 8. Termination of Employment Before Retire-
ment.
8.01. Termination prior to 180 Months of Credited Ser-
vice. Any Participant whose employment with the Employer termi-
nates prior to his normal retirement date for any reason other than
early retirement and whose severance from service date is prior to his
completion of one hundred eighty (180) continuous months of cred-
ited service with the Employer during his period of service shall not
be vested in any pension benefit hereunder but shall be vested at all
times in and shall be entitled to receive in one (1) lump sum the
Participants contributions with interest as provided in Section 1.18
hereof. Said lump sum shall be payable within six (6) months of the
severance from service date.
8.02. Termination after Completion of 180 Months of
Credited Service.
(i) A Participant whose employment with the Employer termi-
nates prior to his normal retirement date for any reason other than
early retirement and whose severance from service date is after his
completion of at least one hundred eighty (180) continuous months of
credited service during his period of service, shall be entitled to a
pension benefit, commencing on the first day of the month coincident
with or next following the Participants reaching his 65th birthday,
provided he is then alive.
(ii) The pension benefit to which said Participant shall be
entitled under Section 8.02 (i) shall be that amount as provided in
Section 1.24 hereof and shall be payable commencing on the first day
of the month coincident with or following said Participants reaching
his 65th birthday and in advance on the first day of each month
5016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
during his lifetime. Said pension benefit shall be paid during the life
of the Participant and for a period of one hundred twenty (120)
months certain and continuous from the Participants reaching his
65th birthday.
In the event of the Participants death within a period of one
hundred twenty (120) months of reaching his 65th birthday the same
pension benefit shall be payable for the remainder of the one hundred
twenty (120) month period to the Participants designated benefi-
ciary as provided in Section 6.03 hereof.
(iii) Alternatively, said Participant may elect in writing on a form
designated by the Board to waive his right to receive said pension
benefit provided in Section 8.02 (ii) hereof and receive in one (1) lump
sum payment the Participants contributions with interest as pro-
vided in Section 1.18 hereof within six (6) months of the severance
from service date. No Participant who has made the irrevocable
election referred to in Section 3.05 hereof will be entitled to return of
his Participants contributions with interest.
(iv) Alternatively, said Participant may elect in writing on a
form designated by the Board to receive commencing on the first day
of the month coincident with or following his reaching age 55 a
monthly retirement benefit in a sum equal to the product of (a)
multiplied by (b) where (a) is an amount equal to thirteen hundredths
(0.13%) percent (.0013) of the Participants final average earnings
and (b) is the number of continuous months of credited service of the
Participant to his severance from service date said product being
reduced to the actuarial equivalent.
Payment of said monthly benefit shall commence on the first day
of the month coincident with or following said Participants reaching
his 55th birthday. Subsequent monthly payments shall be made in
advance on the first day of each month during the life of the
Participant and for a period certain and continuous of one hundred
twenty (120) months from the Participants reaching age 55.
In the event of the Participants death either after making his
election but before attaining his 55th birthday or within one hundred
twenty (120) months after reaching his 55th birthday, the same
monthly benefit shall be payable for the entire or the remainder of the
one hundred twenty (120) month period to the Participants desig-
nated beneficiary as provided in Section 6.03 hereof.
GEORGIA LAWS 1982 SESSION
5017
Section 9. Contributions.
9.01. Employer Contributions. Contributions by the
Employer shall be paid to the Board at such times and in such
amounts as shall be determined by the Employer, based upon the
recommendations of the Board, to provide the benefits under the
Plan determined by the application of accepted actuarial methods
and assumptions. The method of funding shall be consistent with
Plan objectives.
The Mayor and Council of the City of Dalton shall contribute
prior to the close of the Plan Year of reference, such sums to the Plan
as shall be sufficient to fund the benefits under the Plan determined
by the application of accepted actuarial methods and assumptions,
and the Board shall certify to the Mayor and Council of the City of
Dalton the amount so determined prior to the close of the Plan Year
of reference.
The Mayor and Council of the City of Dalton is hereby authorized,
empowered and directed to levy tax on all taxable property of said
City ad valorem and to use such other available funds of the City for
the purpose of satisfying its obligations under the Plan.
The Water, Light and Sinking Fund Commission of the City of
Dalton is hereby authorized, empowered, and directed to transfer to
the Mayor and Council of the City of Dalton, at the request of the
Board, for the benefit of the Plan, such sums as shall be sufficient to
fund the benefits of Participants employed by said Commission, and
their beneficiaries, such sums to be determined in accordance with
sound actuarial principles consistently applied. The Board shall
certify to said Water, Light and Sinking Fund Commission the
amount so determined prior to the close of the Plan Year of reference.
9.02. Actuarial Methods. In establishing the liabilities under
the Plan and contributions thereto, the Employer shall require the
services of an enrolled actuary who shall use such methods and stated
assumptions as will reasonably reflect the cost of the benefits. The
Plan assets are to be valued on the basis of any reasonable method of
valuation that takes into account the fair market value pursuant to
current regulations prescribed by the Secretary of the Treasury as
applicable to this Plan. There must be an actuarial valuation of the
Plan as frequently as required by applicable Federal or State law but
at least once every three (3) years.
5018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
9.03. Mandatory Contribution of Participant. Consistent
with the requirement of the Prior Plan for a mandatory employee
contribution on and after March 1, 1973, each employee who is a
participant in the Plan shall contribute to the Plan an amount equal
to five (5%) percent of his basic monthly earnings. Each Participant
covered under the Prior Plan and each new Participant on and after
July 1, 1982, by virtue of his participation in the Plan does hereby
instruct and authorize the Employer to deduct from his salary or
wages the amount of his mandatory contribution and to contribute on
his behalf said withheld sum to the Plan.
In lieu of said mandatory contribution any Participant making the
irrevocable election referred to in Section 3.05 (applicable only to an
employee covered under Ga. L. 1945 p. 593, as amended) hereof shall
contribute to the Plan a total sum of twenty ($20.00) dollars per
month and by virtue of participation does hereby instruct and
authorize the Employer to deduct from his salary or wages the
amount of his mandatory contributions and to contribute on his
behalf said withheld sum to the Plan.
Section 10. Management and Administration.
10.01. Named Fiduciary(s). The Employer is the Named
Fiduciary which has authority to control and manage the operation
and administration of the Plan. In exercising said authority, the
Employer acts through its officers, employees, or the Board, as herein
provided.
The Investment Manager is a Named Fiduciary selected by the
Employer, with authority to manage and control Plan Assets, as
provided in the applicable funding documents.
10.02. General Fiduciary Duties, (i) Fiduciaries of the Plan
shall discharge their duties under the Plan solely in the interest of
the Participants and Beneficiaries and for the exclusive purpose of
providing benefits to Participants and their Beneficiaries and
defraying reasonable expenses of administering the Plan.
(ii) Fiduciaries shall act with the care, skill, prudence, and
diligence, under the circumstances then prevailing, that a prudent
man, acting in a like capacity and familiar with such matters, would
use in the conduct of an enterprise of like character and with like
aims.
GEORGIA LAWS 1982 SESSION
5019
(iii) Fiduciaries shall discharge their duties in accordance with
the Plan and Contract insofar as such documents are consistent with
the Plan.
(iv) Fiduciaries shall, in investing the assets of the Plan, diver-
sify plan investments with a view towards minimizing the risk of large
losses, unless it is clearly prudent not to do so under the circum-
stances.
(v) Fiduciaries shall see that no Plan assets are located or held
in any place outside the jurisdiction of the United States district
courts, except as authorized under regulations applicable to this Plan
promulgated by the Secretary of Labor.
(vi) In the course of administration of the Plan, fiduciaries may
delegate such duties and responsibilities to other parties as may be
permitted by law. Such delegation, in and of itself, shall not cause the
delegates to become fiduciaries under the Plan.
(vii) Each fiduciary may rely on information given by other
fiduciaries of the Plan or other persons acting on behalf of fiduciaries
where it is prudent to do so under the circumstances.
(viii) Each fiduciary hereof is responsible for the duties and
responsibilities which are specifically allocated to him under Section
10.03 and is responsible for no other duties under the Plan.
(ix) A fiduciary may serve, upon approval by the Board, in more
than one fiduciary capacity with respect to the Plan.
(x) A fiduciary may employ one or more persons to render advice
with regard to any responsibility he has under the Plan.
10.03. Allocation of Fiduciary Responsibilities. The fidu-
ciaries of the Plan shall have the powers and duties as specified
herein, and shall be responsible for no other powers and duties under
the Plan.
(i) The Employer: The Employer is responsible for amending
the Plan, terminating the Plan, naming the Investment Manager(s),
appointing the Plan Actuary and Certified Public Accountant,
appointing the appointed members of the Board, administering the
Plan through the Board, establishing funding policy for the Plan, as
5020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
herein provided, and making Contributions under the Plan pursuant
to Section 9.01.
(ii) The Investment Manager: The Investment Manager
shall have the duties and responsibilities set forth in any Contract
and/or in any other agreements with the Employer concerning the
Plan.
10.04 Board. There is hereby established, to serve without pay,
a Board of Trustees whose duty it shall be to manage the Plan Assets.
The Board of Trustees shall be composed of three appointed trustees
(the appointed trustees) and three elected trustees (the elected
trustees). The appointed trustees shall consist of...
(1) the Mayor,
(2) the Chairman of the Water, Light and Sinking Fund Com-
mission, and
(3) the Chairman of the Finance Committee of the Mayor and
the Council of the City of Dalton.
The elected trustees shall be composed of one member from
among their number elected by the Participants who are then
employees in the employ of employer of...
(1) the Police and Fire Departments,
(2) employees of the Water, Light and Sinking Fund Commis-
sion,
(3) all other Participant-employees.
The elected trustee from each of the above described groups shall
be selected, at an election held within such group, by secret ballot in
which every Participant of such group shall be entitled to vote. The
Participant receiving the plurality of votes cast in any such election
shall become the elected trustee from such group; provided, however,
that no individual may become an elected trustee unless he shall be a
Participant in the Plan. Those elected trustees under the Prior Plan
shall continue under the Plan on and after July 1, 1982, to serve as
elected trustees in accordance with the terms hereof and for the term
to which elected under the Prior Plan.
GEORGIA LAWS 1982 SESSION
5021
A meeting for election of an elected trustee shall be held for each
group permitted to elect such trustee within thirty (30) days of the
expiration of such elected trustees term and the members of the
group entitled to vote thereon shall be given at least five days notice
of said meeting.
An elected trustee may be re-elected to the Board and there shall
be no limitation on the number of terms which may be served by any
person as an elected trustee of the Board. An elected trustee may be
removed upon petition for removal and election of a successor, as
follows: Upon a petition signed by at least 51 % of the Participants of
the group from which the elected trustee was elected calling for
removal of their representative on the Board and for an election of a
Participant to serve the unexpired term of such representative, an
election shall be duly held, as soon as practicable, in the same manner
as the office was previously filled. All persons qualified to vote at any
meeting called for removal of any such elected trustee shall be
notified by the City Clerk at least five (5) days prior to the date set for
said meeting. The removal of such original elected trustee shall be
effective upon the election of his successor in the manner described in
the preceding paragraph.
The term of office of each elected trustee shall commence on the
first day of the month following his election and shall continue for a
period of two years and thereafter, until his successor shall be elected
and qualified. An election shall be held, in the manner hereinbefore
described, at the expiration of the term of each elected trustee, for the
purpose of electing his successor. If a vacancy occurs in the offices of
elected trustees, the vacancy shall be filled for the unexpired term
within 30 days and in the same manner as the office was previously
filled; provided, however, that during such vacancy, the action of the
remaining members of the Board shall be binding with respect to all
business which they may transact. Should an elected trustee be
retired under this Act or cease to be in the employ of the Employer,
his office shall be declared vacant.
10.05. Right to Appeal from Act or Decision of Board.
Any participant who is dissatisfied with the action of the Board shall
have the right of appeal to the Superior Court of Whitfield County,
Georgia, by writ of certiorari, within 30 days from the date of such
action of the Board, but said Participant shall bear all of his expenses
of appeal from the action of the Board.
5022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
10.06. Time and Place for Meetings of Board. The Board
shall make all rules as to the time and place of meetings and for the
payment of said funds to those entitled to receive the same. It shall
within the month of January of each Plan Year organize by electing a
chairman, a vice-chairman who shall serve when the chairman is
absent, and a secretary. The chairman shall sign all vouchers for the
disbursements of the fund, and his written order shall fully protect
the Board treasurer in the payment of the same. A majority of the
Board shall control on all questions. The City Clerk shall be
appointed to act as ex-officio treasurer of the Board and his bond
shall cover all monies or Plan Assets.
10.07. Powers of the Board. The Board, in administering the
Plan, shall have the following powers:
(i) To purchase and continue one or more annuity contracts
whether group or otherwise for the benefit of Participants.
(ii) To employ agents, employees, or experts to assist said Board
of Trustees in carrying out the provisions of this Plan, including, but
not limited to, an agent or agents to advise and make recommenda-
tions concerning the investment of funds; and to pay reasonable
compensation for such services, which compensation shall be paid
from income or corpus of the Plan Assets or, at the election of the City
of Dalton, from City funds.
(iii) Without limiting the generality of the following Section
10.07 (iv) hereof, the Plan Assets may be invested in obligations
issued by or on behalf of the United States or the State of Georgia and
its political subdivisions.
(iv) The Board shall have full power to invest or reinvest the Plan
Assets in any kind of property, or undivided interests therein, which
the Board shall deem proper (including, by way of illustration but not
of limitation, real estate, stocks, bonds, mortgages, debentures,
common trust funds, insurance contracts payable to the Board for the
benefit of the Plan, shares or interests in investment companies,
funds or trust) and may hold funds uninvested during any period of
unsettled financial conditions, to continue the Plan Assets invested in
any property received or acquired by the Board without obligation to
sell all or any part thereof because not of a type or quality or
constituting a diversification considered proper or wise for trust
investments; to make sales of any investment without advertisement
GEORGIA LAWS 1982 SESSION
5023
and without the necessity of obtaining an order of Court; to grant
options to purchase, and to sell, convey, assign, or exchange any trust
property in such manner and upon such terms as the Board shall
deem proper; to lease trust property for any time, even extending
beyond the term of any trust hereunder; to insure, improve, repair,
alter, partition, subdivide, grant easements, or dedicate any property
comprising a part of the Plan Assets and to erect or raze improve-
ments thereon; to settle, compound, or abandon all claims and
demands in favor of or against the Plan Assets; to consent to the
reorganization, consolidation, or readjustment of the finances of any
corporation; to vote in person or issue proxies to others to borrow
money and to mortgage or pledge any trust property for any purpose
deemed proper by the Board; to delegate powers, discretionary or
otherwise, for any purpose to one or more nominees or agents; to hold
or register any property in the Boards own name or in the name of a
nominee, without disclosure of any fiduciary relationship.
Said funds and investments may also be, from time to time, turned
over to and placed in the custody of any bank or trust company which
is, at the time of reference, serving as fiscal agent or expert for said
City.
(v) To generally contract in matters relevant to effectuating and
achieving its purposes of this Plan.
(vi) To receive and pay out Plan Assets in accordance with the
provisions of this Plan or to contract for similar services.
(vii) To make actuarial studies and pay the cost thereof.
(viii) To make rules and regulations as may be necessary to the
effective administration of the Plan.
Section 11. Amendment of Plan. The Employer shall have
the power to amend or modify the Plan, provided that no such
amendment or modification (except such amendment or modification
as is required to qualify or maintain qualification of the Plan under
the appropriate sections of the Internal Revenue Code, Department
of Labor regulation or other applicable Federal or State law) may be
made which will deprive any Participant or Beneficiary, of any
benefits under the Plan to which he otherwise would be entitled at the
time of such amendment or modification or shall make it possible for
any part of the assets of the Plan (other than assets as required to pay
5024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taxes, administrative expenses, or other items to be charges on the
Plan) to be used for or diverted to purposes other than for the
exclusive benefit of Participants and Beneficiaries prior to the satis-
faction of all liabilities for benefits under the Plan with respect to
such persons.
Section 12. Miscellaneous.
12.01. Forms. All consents, elections, applications, and desig-
nations required or permitted under the Plan must be made on Forms
prescribed and furnished by the Employer or the Investment Man-
ager, if required.
12.02. Proof of Survival of Benefit Claimant. Where a
retirement benefit is contingent upon the survival of any person,
evidence of such persons survival must be furnished to the Employer
and the Investment Manager, if required, by personal endorsement
by such person of the check drawn for said payment, or other evidence
satisfactory to the Employer or Investment Manager, if required.
12.03. Effect of Misstated Facts. If it is found that the date
of birth or sex of a Participant or Beneficiary has been misstated or
that the length of service, compensation, or date of employment of a
Participant has been misstated, the amount of payments with respect
to such Participant or Beneficiary shall be the amount which would
have been payable if such fact or facts had not been misstated, and in
no case shall any person be entitled to receive any greater benefit than
that which would have been payable on the basis of the true facts.
Overpayment shall be charged against, and underpayments shall be
added to, any payments accruing to a Participant or Beneficiary
made in accordance with actuarial determination.
12.04. Construction. In the construction of this Plan, the
masculine shall include the feminine and the singular the plural in all
cases where such meanings would be appropriate. The Plan shall be
construed and enforced according to the laws of the State of Georgia,
and in accordance with any applicable federal statutes and regula-
tions.
12.05. Limitation of Assignment. No Participant or Benefi-
ciary shall have a right to assign, transfer, hypothecate, encumber,
commute, or anticipate his interest in any payment under the Plan,
and such payments shall not in any way be subject to any legal
GEORGIA LAWS 1982 SESSION
5025
processes to levy upon or attach the same for payment of any claim
against any Participant or Beneficiary.
12.06. Obligations of Employer. Nothing contained in the
Plan shall be deemed to give any Employee of the Employer or any
Participant the right to be retained in the service of the Employer, or
to interfere with the right of the Employer to discharge any Employee
or Participant at any time, without regard to the effect which such
discharge shall have upon his rights, if any, under the plan.
12.07. Payments to Incompetents. If the Board and/or the
Investment Manager shall receive evidence satisfactory to it that (i) a
Participant or Beneficiary entitled to receive any benefits under the
Plan is physically or mentally incompetent to receive such benefit
and to give a valid release therefor, and (ii) another person or
institution is then maintaining or has custody of such Participant or
Beneficiary, and (iii) no guardian, committee, or other representative
of the estate of such Participant or Beneficiary shall have been duly
appointed, the benefit otherwise payable to such Participant or
Beneficiary may be paid to such other person or institution, and the
release of such other person or institution shall be a valid and
complete discharge for the payment of such benefit.
12.08. Custody of Any Funds in Investment Manager.
Any assets of the Plan held by the Investment Manager will be held
for use in accordance with provisions of the Plan and Contract, and no
part thereof shall be used for or diverted to purposes other than for
the exclusive benefit of Participants and Beneficiaries prior to the
satisfaction of all liabilities for benefits under the Plan with respect to
such persons. No Participant or Beneficiary, or any other person,
shall have any interest in or right to any part of the assets of the Plan,
except as, and to the extent expressly provided in the Plan and
Contract.
12.09. Discrimination. The Employer, through the Board,
shall administer the Plan in a uniform and consistent manner with
respect to all Participants, and shall not permit discrimination in
favor of officers or highly compensated Employees.
12.10. Forfeitures. Forfeitures arising from any cause whatso-
ever under this Plan shall not be applied to increase the benefits any
Participant would otherwise receive under the Plan at any time prior
to the termination of the Plan or the complete discontinuance of
5026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Employer contributions hereunder; forfeitures shall be applied to
reduce the Employers contributions under the Plan in the then
current or subsequent years.
12.11. Disappearance of Participant or Beneficiary. In
the event that any Participant or Beneficiary receiving or entitled to
receive benefits under the Plan should disappear and fail to respond
within 60 days to a written notice sent by the Committee by registered
or certified mail, informing him of his entitlement to receive benefits
under the Plan, the Committee may pay such benefits or any portion
thereof, which the Committee determines to be appropriate, to
Beneficiary of Participant as defined in Section 6.03 hereof until such
Participant or Beneficiary is located or until such benefits are paid in
full, whichever event shall first occur.
If the Committee has received no request for payment of such
benefits from the Participant or Beneficiary and has made no such
payments within the applicable period of limitation of actions after
the same became payable, then the benefits under the Plan shall be
payable pursuant to the direction of a court of applicable jurisdiction.
12.12. Compliance with Applicable Laws. The Employer,
through the Board, shall interpret and administer the Plan in such
manner that the Plan shall remain in compliance with Section 401(a)
and 501(a) of the Internal Revenue Code, of 1954, as amended, and all
other applicable Federal or State laws, regulations, and rulings, as a
qualified governmental Plan and trust.
12.13. Return of Plan Assets to the Employer. The assets
of the Plan shall be held for the exclusive purposes of providing
benefits to Participants and Beneficiaries, and shall never inure to
the benefit of the Employer, except...
Where the Employer Contribution was made by a mistake of
fact, such Contribution shall be returned to the Employer within
one year after the payment of the Contribution;
Upon payment of any contribution to the Board, except as above
provided, the Employers right, title and interest therein shall cease
and terminate and no part of the corpus or income of the Plan shall
ever revert to the Employer except as provided by law.
GEORGIA LAWS 1982 SESSION
5027
12.14. Merger. In the event of any merger or consolidation of
the Plan with any other plan, or the transfer of assets or liabilities by
the Plan to another plan, each Participant must receive (assuming
that the Plan then terminated) a benefit immediately after the
merger, consolidation, or transfer which is equal to or greater than the
benefit such Participant would have been entitled to receive immedi-
ately before the merger, consolidation, or transfer (assuming that the
Plan had then terminated).
12.15. Claims Procedures.
A. Initial Stage: In the event the Board denies a Claim for
benefits under the Plan submitted by a Participant or Beneficiary,
hereinafter referred to as Claimant, the Board shall provide adequate
notice in writing to the Claimant, within a reasonable time after the
receipt of the claim, setting forth, in a manner calculated to be
understood by the claimant, the following:
(1) specific reason(s) for the denial;
(2) specific reference(s) to Plan provisions on which the
denial is based;
(3) a description of any materials or information necessary
to perfect the claim and why they are necessary;
(4) an explanation of the review procedure of the Plan.
B. Appellate Stage: A claimant shall have 60 days to appeal a
denial of a claim for benefits to the Board. A claimant or his duly
authorized representative must request an appeal in writing to the
Board, and shall be allowed to review pertinent documents and
submit issues and comments in writing.
The Board shall afford the Claimant a full and fair review of his
claim for benefits and shall make a decision on review as promptly as
possible, but in no event later than 60 days following the written
request for review.
The decision on review shall be in writing and shall include
specific reasons for the decision and specific references to Plan
provisions on which the decision is based, and shall be written in a
manner calculated to be understood by the Claimant.
5028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
12.16. No Pension Benefit Payable Before Termination
of Employment; Pension to Cease if Again Placed on Pay-
roll.
(i) No benefit, sum or amount may be distributed to any Partici-
pant from the Plan prior to his termination of employment.
(ii) Any person receiving a retirement benefit under this Plan and
who shall be reemployed by an Employer hereunder shall cease to
receive any monthly retirement benefit which he is otherwise entitled
to during any period of re-employment by the Employer. Upon
termination of such re-employment, the monthly retirement benefit
to which said person is entitled shall resume, provided further that
the re-employed Participant shall not participate in the Plan, nor
make contributions thereto, during any period of his re-employment
after either normal or early retirement.
12.17. City Attorney. The City Attorney shall, without extra
compensation, render such legal service as such Board of Trustees
shall require.
12.18. Power to Adopt Salary Schedules. Each Employer
is hereby authorized and empowered as part of its adoption of
schedules of wage and salary payments, to provide for contractual
agreements for the payment of deferred wages and salaries to persons
employed by said Employers or under their authority.
12.19. Severability. If any provision of this Plan, or the
application thereof to any person or circumstance is held invalid, that
invalidity shall not affect other provisions or applications of this Plan
which can be given effect without the invalid provision or application
and, to the end, the provisions of this Plan are severable.
12.20. Repeal of Permanent Disability and Death Bene-
fit Under Prior Plan. Any Participant under the Prior Plan who
dies or becomes permanently disabled as defined in Section 10 of said
Prior Plan (Ga. L. 1974, p. 2744, as amended) on or before July 1,
1982, shall be entitled to the benefit provided in said Section 10 of the
Prior Plan. The death and permanent disability benefits provided in
said Section 10 of the Prior Plan are repealed as to any Participant
dying or becoming permanently disabled on and after July 1,1982.
GEORGIA LAWS 1982 SESSION
5029
IN WITNESS WHEREOF, the Employer has caused this Plan to
be duly executed as of the__day of____________, 1982, but
effective as of the 1st day of___, 1982.
MAYOR AND COUNCIL OF THE
CITY OF DALTON
BY:______
Mayor
ATTEST:____
Clerk
BOARD OF WATER, LIGHT, AND
SINKING FUND COMMISSIONERS
BY:_______
Chairman
ATTEST:_________________
Secretary
Section 2. The General Assembly finds that the governing
authority of the City of Dalton shall, by local ordinance duly adopt,
revise, and consolidate comprehensively the Mayor and Council of
the City of Dalton Employees Pension Plan. The General Assembly
declares and intends that this Act shall be a confirmation of that
action taken by the governing authority of the City of Dalton and
shall be in conjunction with that action taken by the governing
authority of the City of Dalton.
Section 3. This Act shall become effective on July 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Local Legislation.
Notice is hereby given that the undersigned will introduce in the
1982 Session of the General Assembly of Georgia to convene on
January 11, 1982, a bill for enactment amending the Charter of the
5030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Dalton (Ga. L. 1874, p. 181), as amended, and particularly as
amended by Ga. L. 1945, p. 593, Ga. L. 1966, p. 2946, Ga. L. 1974, p.
2744, Ga. L. 1977, p. 2601, and Ga. L. 1980, p. 3242 relating to a
comprehensive and unified pension plan for certain employees of the
City of Dalton, to provide that said Plan known as the Mayor and
Council of the City of Dalton Employees Pension Plan is a govern-
mental plan as defined in Section 414(d) of the Internal Revenue
Code of 1954, as amended, and meets the requirements of a qualified
governmental plan and trust under Sections 401 (a) and 501 (a) of
the Internal Revenue Code, and to make certain changes in the Plan,
including eligibility and participation requirements, the form of
benefit, employee contributions, actuarial reduction in case of early
retirement for payment of benefits prior to age sixty-five (65), plan
termination, and disability benefits, all in accordance with statutes,
regulations and rules for a qualified governmental plan under the
Internal Revenue Code of 1954, as amended; to restate the plan as so
amended for purposes of clarity and internal consistency; and to
provide for certain administrative powers in the Board of Trustees of
the plan to assure qualification and continuing qualification of the
plan from time to time as a governmental plan by making certain
technical and substantive amendments if necessary to the plan to
conform with Federal and State law requirements for a qualified
governmental plan.
This 9th day of December, 1981.
/s/ Roger Williams
Whitfield County,
Post No. 1
District 6,
Georgia
12/11,12/18,12/24,12/31
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: Dec. 11, 18 & 24,
1981.
GEORGIA LAWS 1982 SESSION
5031
/s/ Roger Williams
Representative,
6th District
Sworn to and subscribed before me,
this 20th day of Jan., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 14,1982.
ACT CREATING COUNTY BUILDING
AUTHORITIES IN CERTAIN COUNTIES
AMENDED (550,000 OR MORE).
No. 1379 (House Bill No. 1707).
AN ACT
To amend an Act creating county building authorities in certain
counties having a population of 550,000 or more according to 1970
United States decennial census or any such future census, approved
April 2, 1980 (Ga. L. 1980, p. 4488), as amended, so as to redefine
project; to authorize the leasing of projects to governmental and
public and private persons; to authorize the execution of contracts
with public and private persons; to redefine the cost of the project;
to increase the amount of bonds which may be issued by such
authorities; to change the disbursement procedure for proceeds of the
bonds issued by such authorities; to clarify the banks and trust
companies which may act as depositories; to make changes relative to
the allocation of revenues; to provide for additional parties to valida-
tion proceedings; to provide for the validity of lease contracts and the
5032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
assignment of the same; to provide an effective date; 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 county building authorities in certain
counties having a population of 550,000 or more according to the 1970
United States decennial census or any such future census, approved
April 2, 1980 (Ga. L. 1980, p. 4488), as amended, is amended by
striking from Section 3 thereof subsection (c) and inserting in lieu
thereof a new subsection (c), which shall read as follows:
(c) The word project shall be deemed to mean and include one
or a combination of two or more of the following:
The acquisition, construction, furnishing, and equipping of any
and all structures, buildings, electric, gas, steam, water utilities, or
any other facilities of any and every type, kind, and character
determined by the Authority to be desirable for the efficient opera-
tion of any department, board, commission, or agency of the county,
the State of Georgia, any municipal corporation lying in whole or in
part in the county, or any government agency operating in the county
which the county may be required by law to support financially, or the
United States government or any agency or subsidiary corporation
thereof, together with all necessary or useful furnishing, furniture,
fixtures, decorations, appointments, art objects, machinery, equip-
ment, parking facilities, and landscaping, all as determined by the
Authority, which determination shall be final and not subject to
review. The term project shall also mean and include the acquisi-
tion, construction, furnishing, equipping, maintenance, and operation
of facilities that may or will enhance the attractiveness, convenience,
utility, or usefulness of any undertaking described in the immediately
preceding sentence, which facilities may be leased, operated by, or
otherwise made available to any public or private person, firm, or
corporation, all as determined by the Authority, which determination
shall be final and not subject to review.
Section 2. Said Act is further amended by striking from Section
3 thereof subsection (d) thereof and inserting in lieu thereof a new
subsection (d), which shall read as follows:
(d) The term cost of the project shall embrace the cost of
construction, the cost of all lands, properties, rights, and easements
GEORGIA LAWS 1982 SESSION
5033
and franchises acquired, the cost of all machinery, equipment, and
other personal property, financing charges, interest prior to and
during construction and, for one year after completion of construc-
tion, cost of engineering, architectural and legal expenses, and of
plans and specifications, and other expenses necessary or incident to
determining the feasibility or practicability of the project, adminis-
trative expense, and such other expenses as may be necessary or
incident to the financing herein authorized, the construction and
acquisition of any project, the placing of the same in operation, and
the condemnation of the property necessary for such construction,
acquisition, 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.
Section 3. Said Act is further amended by striking from Section
4 thereof subsection 5 and inserting in lieu thereof a new subsection
(5), which shall read as follows:
(5) To make and execute with public and private persons and
corporations, both foreign and domestic, contracts, leases, rental
agreements, and other instruments relating to projects and to execute
all instruments necessary or convenient, including contracts for con-
struction 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 political subdivisions, municipal corporations, depart-
ments, institutions, or agencies of the state or any other state, and any
other governmental agency, and the government of any other nation
or any agency thereof, and the United States government or any
agency thereof, and any private person, firm, or corporation are
authorized to enter into contracts, leases, or agreements with the
Authority upon such terms and for such purposes as they deem
advisable, and without limiting the generality of the above, authority
is specifically granted to any such lessee to enter into contracts and
lease 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 any such lessee
may obligate itself to pay an agreed sum for the use of such property
so leased, and also to obligate itself as part of the lease contract to pay
the cost of maintaining, repairing, and operating the project so leased
from the Authority.
5034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. 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 Authority, or any Authority or body which has or
which may in the future succeed to the powers, duties, and liabilities
vested in the Authority created hereby authorized to provide by
resolution for the issuance of negotiable revenue bonds, in an amount
at any time outstanding not to exceed $75,000,000.00 for the purpose
of paying all or any part of the cost as herein defined of any one or
combination of projects. The principal and interest of such revenue
bonds shall be payable solely from the special fund herein provided
for such payment. The bonds of each issue shall be dated and shall be
payable in such medium of payment as to both principal and interest
as may be determined by the Authority and may be made redeemable
before maturity, at the option of the Authority, at such price or prices
and under such terms and conditions as may be fixed by the Author-
ity in the resolution providing for the issuance of the bonds. The
interest rate on or rates to be borne by any bonds, notes, or other
obligations issued by the Authority shall be fixed by resolution of the
Authority, and any limitations with respect to interest rates found in
the Revenue Bond Law or the usury laws of the State of Georgia shall
not apply to Authority obligations.
Section 5. Said Act is further amended by striking from Section
10 thereof the words: upon requisition or order of the chairman of
the Authority, so that said section as amended shall read as follows:
Section 10. The proceeds of such bonds shall be used solely for
the payment of the cost of the project or combined project and shall
be disbursed under such restrictions, if any, as the resolution autho-
rizing the issuance of the bonds or the trust indenture hereinafter
mentioned may provide. If the proceeds of such bonds, by error of
calculation or otherwise, shall be less than the cost of the project or
combined project, unless otherwise provided in the resolution autho-
rizing the issuance of the bonds or in the trust indenture, additional
bonds may in like manner be issued to provide the amount of such
deficit, which unless otherwise provided in the resolution authorizing
the issuance of the bonds or in the trust indenture, shall be deemed to
be of the same issue and shall be entitled to payment from the same
fund without preference or priority of the bonds first issued for the
same purpose. If the proceeds of the bonds of any issue shall exceed
the amount required for the purpose for which such bonds are issued,
GEORGIA LAWS 1982 SESSION
5035
the surplus shall be paid into the fund hereinafter provided for the
payment of principal and interest of such bonds.
Section 6. Said Act is further amended by striking from Section
15 thereof the words: under the supervision and approval of consult-
ing engineers or architects, and inserting in lieu thereof the words:
with the professional assistance of consulting engineers or archi-
tects, and by striking from said section the words: It shall be lawful
for any bank or trust company incorporated under the laws of this
State, and inserting in lieu thereof the following: It shall be lawful
for any bank or trust company having the powers of a trust company
under the laws of this State, any other state, or the United States, so
that said section as amended shall read as follows:
Section 15. In the discretion of the Authority, any issue of such
revenue bonds may be secured by a trust indenture by and between
the Authority and a corporate trustee, which may be any trust
company or bank having the powers of a trust company within or
outside of the State. Such trust indenture may pledge or assign rents,
revenue and earnings to be received by the Authority. Either the
resolution providing for the issuance of revenue bonds or such trust
indenture may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and
proper and not in violation of the law, including covenants setting
forth the duties of the Authority in relation to the acquisition 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 with the professional assistance of
consulting engineers or architects employed or designated by the
Authority and satisfactory to the original purchasers of the bonds
issued therefor, and may also require that the security given by
contractors and by any depository of the proceeds of the bonds or
revenues or other moneys be satisfactory to such purchasers, and may
also contain provisions concerning the conditions, if any, upon which
additional revenue bonds may be issued. It shall be lawful for any
bank or trust company having the powers of a trust company under
the laws of this State, any other state, or the United States 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
5036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
corporations. In addition to the foregoing, such trust indentures may
contain such other provisions as the Authority may deem reasonable
and proper for the security of the bondholders. All expenses incurred
in carrying out such trust indenture may be treated as a part of the
cost of maintenance, operation and repair of the project affected by
such indenture.
Section 7. Said Act is further amended by inserting in the first
sentence in Section 17 thereof after the phrase: by any department,
board, commission or agency, the words: or any other person or
entity, so that Section 17 as so amended shall read as follows:
Section 17. The revenues, rents, and earnings derived from any
particular project or combined project, or any and all funds from any
source received by any department, board, commission or agency or
any other person or entity entering into a lease agreement with the
Authority, and pledged and allocated by it to the Authority as
security for the performance or any lease or leases, or any and all
revenues, rents and earnings received by the Authority, regardless of
whether or not such rents, earnings, and revenues were produced by a
particular project for which bonds have been issued unless otherwise
pledged and allocated, may be pledged and allocated by the Authority
to the payment of the principal and interest on revenue bonds of the
Authority as the resolution authorizing the issuance of the bonds or in
the trust instrument may provide, and such funds so pledged from
whatever source received, which said pledge may include funds
received from one or more or all sources, shall be set aside at regular
intervals as may be provided in the resolution or trust indenture into
a sinking fund which said sinking fund shall be pledged to and
charged with the payment of (1) the interest upon such revenue bonds
as such interest shall fall due, (2) the principal of the bonds as the
same shall fall due, (3) the necessary charges of paying agents for
paying principal and interest, and (4) any premium upon bonds
retired by call or purchase as hereinabove provided. The use and
disposition of such sinking fund shall be subject to such regulations as
may be provided in the resolution authorizing the issuance of the
revenue bonds or in the trust indenture, but, except as may otherwise
be provided in such resolution or trust indenture, such sinking fund
shall be a fund for the benefit of all revenue bonds without distinction
or priority of one over another. Subject to the provisions of the
resolution authorizing the issuance of the bonds or in the trust
indenture, surplus moneys in the sinking fund may be applied to the
purchasing or redemption of bonds and any such bonds so purchased
GEORGIA LAWS 1982 SESSION
5037
or redeemed shall forthwith be cancelled and shall not again be
issued.
Section 8. Said Act is further amended by striking from Section
18 thereof the words: of Article VII, Section VI, Paragraph 1(a)
(Const. 1945, Section 2-5901(a)> of the Constitution of the State of
Georgia, and inserting in lieu thereof the words: of any contract,
lease, or leases entered into with the Authority, and by striking
therefrom the words: lessee, nor shall any such bond constitute a
charge, lien or incumbrance, legal or equitable, upon the property of
any lessee, and inserting in lieu thereof the words: lessee which is
not a private person, firm, or corporation, nor shall any such bond
constitute a charge, lien, or encumbrance, legal or equitable, upon the
property of any lessee which is not a private person, firm, or corpora-
tion, so that Section 18 as amended shall read as follows:
Section 18. Any holder of revenue bonds or interest coupons
issued under the provisions of this Act, any receiver for such holders,
or indenture trustee, if any there be, except to the extent the rights
herein given may be restricted by resolution passed before the
issuance of the bonds or by the trust indenture, may, either at law or
in equity, by suit, action, mandamus or other proceedings, protect
and enforce any and all rights under the laws of the State of Georgia
or granted hereunder or under such resolution or trust indenture, and
may enforce and compel performance of all duties required by this
Act, or by resolution or trust indenture, to be performed by the
Authority, or any officer thereof, including the fixing, charging, and
collecting of revenues, rents, and other charges for the use of the
project or projects, and, in the event of default of the Authority upon
the principal and interest obligations of any revenue bond issue, shall
be subrogated to each and every right, specifically including the
contract rights of collecting rental, which the Authority may possess
against the lessee and, in the pursuit of its remedies as subrogee, may
proceed, either at law or in equity, by suit, action, mandamus or other
proceedings, to collect any sums by such proceedings due and owing
to the Authority and pledged or partially pledged directly or indi-
rectly to the benefit of the revenue bond issue of which said individ-
ual, receiver, or trustee is representative. No holder of any such bond
or receiver or indenture trustee thereof shall have the right to compel
any exercise of the taxing power of any lessee to pay any such bond or
the interest thereon, or to enforce the payment thereof against any
property of any lessee which is not a private person, firm, or corpora-
tion, nor shall any such bond constitute a charge, lien, or encum-
5038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
brance, legal or equitable, upon the property of any lessee which is not
a private person, firm, or corporation. Provided, however, any
provision of this or any other Act to the contrary notwithstanding,
any such bondholder or receiver or indenture trustee shall have the
right by appropriate legal or equitable proceedings (including, with-
out being limited to, mandamus) to enforce compliance by the
appropriate public officials of the provisions of any contract, lease, or
leases entered into with the Authority, and permission is hereby given
for the institution of any such proceedings to compel the payment of
lease obligations.
Section 9. Said Act is further amended by striking Section 23 in
its entirety and inserting in lieu thereof a new Section 23 to read as
follows:
Section 23. Bonds of the Authority shall be confirmed and
validated in accordance with the procedure of the Revenue Bond Law
(Chapter 87-8). The petition for validation shall also make party
defendant to such action any Authority, subdivision, instrumentality,
agency, or municipal corporation of the State of Georgia, or any other
lessee which has contracted with the County Building Authority for
the use of any building, structure, or facilities for which bonds have
been issued and sought to be validated, and such Authority, subdivi-
sion, instrumentality, agency, or lessee shall be required to show
cause, if any, why such contract or contracts and the terms and
conditions thereof should not be inquired into by the court and the
validity of the terms thereof determined, and the contract adjudi-
cated 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 and against the
Authority issuing the same, and any Authority, subdivision, instru-
mentality, agency, municipal corporation, or other lessee contracting
with the County Building Authority.
Section 10. Said Act is further amended by striking from
Section 27 the last three paragraphs thereof and inserting in lieu of
such paragraphs the following:
Rentals contracted to be paid to the Authority by any lessee
which is any department, board, commission, or agency of the county
or any municipal corporation organized under the laws of the State of
Georgia or any governmental agency created under the laws of the
State of Georgia or the State of Georgia itself under any lease to the
GEORGIA LAWS 1982 SESSION
5039
Authority entered upon pursuant to this Act shall constitute obliga-
tions of such lessees for the payment of which the good faith of any
such lessee is hereby pledged. Such rentals shall be paid as provided
in the lease contract from funds appropriated for such purposes by
the terms of the Constitution of the State of Georgia. It shall be the
duty of any such lessee to see to the punctual payment of all such
rentals.
In the event of any failure or refusal on the part of any lessee
punctually to perform any covenant or obligation contained in any
lease entered upon pursuant to this Act, the Authority may enforce
performance by any legal or equitable process against any such lessee,
and consent is hereby given for the institution of any such action
against any such lessee which is described in the immediately preced-
ing paragraphs of this Section 27.
The Authority shall be permitted to assign any rental due it by
any lessee to a trustee, paying agent, or other person designated to
serve as the holder of a security interest on behalf of the holders of
any Authority revenue bonds, all as may be required by the terms of
any trust indenture entered into by the Authority or resolution
adopted by the Authority pertaining to such matters.
Section II. This Act shall become effective when it is approved
by the Governor or otherwise becomes law without his approval;
provided, however, that the provisions of this Act, insofar as they
authorize the lease or sale of projects to private firms or corporations
or to the United States government or agencies thereof, shall become
effective only upon the ratification of an amendment to the Constitu-
tion of Georgia authorizing such lease or sale.
Section 12. 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.
5040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 14,1982.
ACTS CREATING BOARDS OF ELECTIONS IN
VARIOUS COUNTIES BASED UPON
POPULATION OF COUNTIES AMENDED.
No. 1400 (House Bill No. 1825).
AN ACT
To amend certain laws of this state based upon classifications of
population providing for boards of elections or boards of registration
and elections, so as to change the provisions relative to population
and 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 providing for a board of elections in each
county of this state having a population of not less than 18,200 nor
more than 18,300, according to the United States Decennial Census of
1970, or any future such census, approved April 18,1975 (Ga. L. 1975,
p. 4506), is amended by striking Section 1 in its entirety and inserting
in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county in the State
having a population of not less than 19,200 nor more than 19,400,
according to the United States Decennial Census of 1980, or any
future such census, a board of elections which shall have jurisdiction
over the conduct of primaries and elections in such county.
Section 2. An Act providing for a board of elections in each
county of this state having a population of not less than 45,000 and
not more than 50,000 according to the 1970 United States decennial
GEORGIA LAWS 1982 SESSION
5041
census, or any future such census, approved March 28, 1974 (Ga. L.
1974, p. 3556), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 56,000 and not more than 56,400
according to the 1980 United States decennial census, or any such
future census, a board of elections which shall have jurisdiction over
the conduct of primaries and elections in such counties.
Section 3. An Act providing for a board of elections in each
county of this state having a population of more than 170,000 and less
than 195,000 persons according to the 1970 United States decennial
census, or any future such census, approved April 18, 1973 (Ga. L.
1973, p. 3697), as amended, particularly by an Act approved March
28, 1974 (Ga. L. 1974, p. 3530), an Act approved March 16, 1978
(Ga. L. 1978, p. 3778), and an Act approved April 11, 1979 (Ga. L.
1979, p. 3604), is amended by striking the first paragraph of Section 1
in its entirety and inserting in its place a new first paragraph to read
as follows:
There is hereby created in each county of this State having a
population of more than 200,000 and less than 250,000 persons
according to the 1980 United States Decennial Census, or any such
future census, a board of elections which shall have jurisdiction over
the conduct of general and special elections, referendums, general and
special primaries, and runoffs resulting therefrom in said counties in
accordance with the Georgia Election Code, as amended, and State
Election Board Rules (Title 34 of the Code of Georgia).
Section 4. An Act providing for a board of elections in each
county of this state having a population of not less than 63,000 and
not more than 65,999 according to the 1970 United States Decennial
Census, or any future such census, approved March 14, 1973 (Ga. L.
1973, p. 2086), as amended, particularly by an Act approved March
31, 1976 (Ga. L. 1976, p. 3635) and an Act approved March 30, 1977
(Ga. L. 1977, p. 4316), is amended by striking Section 1 in its entirety
and inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State,
having a population of not less than 70,000 and not more than 75,000
according to the 1980 United States Decennial Census, or any future
such census, a board of elections which shall have jurisdiction over the
5042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conduct of primaries and elections in such counties, in accordance
with the provisions of this Act.
Section 5. An Act providing for a board of elections in each
county of this state having a population of not less than 22,312 and
not more than 22,825, according to the 1970 United States Decennial
Census or any future such census, approved April 11, 1979 (Ga. L.
1979, p. 4165), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 40,000 and not more than 40,700,
according to the 1980 United States Decennial Census or any future
such census, a Board of Elections which shall have jurisdiction over
the conduct of primaries and elections and the registration of electors
in such counties.
Section 6. An Act providing for a board of elections in each
county of 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 future such census, approved February 1, 1980 (Ga. L.
1980, p. 3003), as amended by an Act approved March 11, 1981
(Ga. L. 1981, p. 3090), is amended by striking Section 1 in its entirety
and inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county in this State
having a population of not less than 28,500 nor more than 29,200,
according to the United States Decennial Census of 1980, 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 7. An Act providing for a board of elections 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, approved April 6, 1981 (Ga. L.
1981, p. 3668), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this state
having a population of not less than 54,700 and not more than 56,000
according to the 1980 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.
GEORGIA LAWS 1982 SESSION
5043
Section 8. An Act providing for a board of elections in each
county of this state having a population of not less than 66,000 and
not more than 73,000 according to the 1970 United States decennial
census, or any future such census, approved April 13, 1973 (Ga. L.
1973, p. 2658), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 158,000 and not more than
168,000 according to the 1980 United States decennial census, or any
such future census, a board of elections which shall have jurisdiction
over the conduct of primaries and elections in such counties.
Section 9. An Act providing for a board of elections in each
county of this state having a population of not less than 23,600 nor
more than 25,000 according to the United States Decennial Census of
1970, or any future such census, approved March 31, 1976 (Ga. L.
1976, p. 3617), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county in this State
having a population of not less than 36,000 nor more than 36,600,
according to the United States Decennial Census of 1980, or any such
future census, a board of elections which shall have jurisdiction over
the conduct of primaries and elections in such county.
Section 10. An Act providing for a board of elections in each
county of this state having a population of not less than 60,000 and
not more than 65,000, according to the 1970 United States Decennial
Census, or any future such census, approved February 7,1977 (Ga. L.
1977, p. 166), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 76,000 and not more than 79,000
according to the 1980 United States Decennial Census, or any such
future census, a board of elections which shall have jurisdiction over
the conduct of primaries and elections in such counties, in accordance
with the provisions of this Act.
Section 11. An Act providing for a board of elections in each
county of this state having a population of not less than 55,110 and
not more than 56,000 according to the 1970 United States Decennial
5044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Census, or any future such census, approved February 27, 1975
(Ga. L. 1975, p. 2538), is amended by striking Section 1 in its entirety
and inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 67,000 and not more than 74,000
according to the 1980 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 12. An Act providing for a board of elections in each
county of this state having a population of not less than 7,330 nor
more than 7,550, according to the United States Decennial Census of
1970, or any future such census, approved March 31, 1976 (Ga. L.
1976, p. 3636), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county in this State
having a population of not less than 8,000 nor more than 8,300,
according to the United States Decennial Census of 1980, or any
future such census, a board of elections which shall have jurisdiction
over the conduct of primaries and elections in such county.
Section 13. An Act providing for a board of elections in each
county of this state having a population of more than 165,000 and less
than 185,000 according to the United States decennial census of 1960
or any future such census, approved March 19,1970 (Ga. L. 1970, p.
2896), as amended, particularly by an Act approved April 13, 1971
(Ga. L. 1971, p. 4086) and an Act approved April 3, 1972 (Ga. L.
1972, p. 3461), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of more than 169,000 and less than 180,000
according to the 1980 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, in accordance
with the provisions of this Act.
Section 14. An Act providing for a board of elections in each
county of this state having a population of not less than 145,000 and
not more than 165,000 according to the 1970 United States decennial
census, or any future such census, approved March 16, 1973 (Ga. L.
GEORGIA LAWS 1982 SESSION
5045
1973, p. 2283), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 175,000 and not more than
185,000 according to the 1980 United States decennial census, or any
such future census, a board of elections which shall have jurisdiction
over the conduct of primaries and elections and the registration of
electors in such counties.
Section 15. An Act providing for a board of registrations and
elections 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, approved March
19,1981 (Ga. L. 1981, p. 3144), is amended by striking Section 1 in its
entirety and inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this state
having a population of not less than 36,500 and not more than 36,900
according to the United States decennial census of 1980 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 16. An Act providing for a board of elections in each
county of this state having a population of not less than 27,000 and
not more than 28,000 according to the 1970 United States decennial
census, or any future such census, approved April 3, 1973 (Ga. L.
1973, p. 2553), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
Section 1. There is hereby created in each county of this State
having a population of not less than 32,600 and not more than 34,000
according to the 1980 United States decennial census, or any such
future census, a board of elections which shall have jurisdiction over
the conduct of primaries and elections in such counties.
Section 17. An Act providing for a board of elections in each
county of this state having a population of not less than 51,000 and
not more than 55,110 according to the 1970 United States Decennial
Census, or any future such census, approved March 21,1974 (Ga. L.
1974, p. 2652), is amended by striking Section 1 in its entirety and
inserting in its place a new Section 1 to read as follows:
5046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. There is hereby created in each county of this State
having a population of not less than 60,000 and not more than 67,000
according to the 1980 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 18. This Act shall become effective on July 1,1982.
Section 19. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 14,1982.
GLYNN COUNTY COMPENSATION OF CLERK
OF SUPERIOR COURT AND PERSONNEL.
No. 1422 (Senate Bill No. 653).
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. L. 1972, p. 3199), as amended, so as to change the provisions
relating to the compensation of the clerk; to change the provisions
relative to the 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. L. 1972, p. 3199), as amended, is amended by striking Section 2
in its entirety and substituting in lieu thereof a new Section 2 to read
as follows:
Section 2. Beginning July 1, 1982, the clerk of superior court
shall receive an annual base salary of $27,563.00, payable in equal
GEORGIA LAWS 1982 SESSION
5047
monthly installments from Glynn County funds; provided, however,
under no circumstances shall the annual base salary of said clerk be
less than the annual base salary of the sheriff of Glynn County. The
clerks salary shall be increased by 5 percent per each four-year term
of office served by said clerk, figured at the end of each such period of
service. Such increase shall not have a retroactive effect, except that
the current term of the clerk presently in office shall be counted for
determining the appropriate salary under this Section.
Section 2. Said Act is further amended by striking paragraph (2)
of subsection (a) of Section 5 in its entirety and substituting in lieu
thereof a new paragraph (2) to read as follows:
(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 $16,050.00
nine deputy clerks.......................$ 7,062.00 to $10,914.00
The salaries of such personnel and their maximum salaries may be
increased annually by the clerk of superior court by a percentage
factor not to exceed the amount of the most recent annual cost-of-
living increase granted to employees of the Glynn County governing
authority. The clerk may also hire any additional personnel required
to be hired by order of the Superior Court of Glynn County.
Section 3. This Act shall become effective on July 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill placing the Clerk of
the Superior Court of Glynn County on an annual salary and a bill
placing the Judge of the Probate Court of Glynn County on an annual
salary, and for other purposes.
5048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 6th day of January, 1982.
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 Brunswick News which is the official organ of
Glynn County, on the following dates: Jan. 8,15 & 22,1982.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 10th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 14, 1982.
GEORGIA LAWS 1982 SESSION
5049
BIBB COUNTY BOARD OF PUBLIC
EDUCATION AND ORPHANAGE PURCHASE
AND SALE OF PROPERTY.
No. 1426 (Senate Bill No. 742).
AN ACT
To amend an Act establishing the board of public education and
orphanage for Bibb County, approved August 23,1872 (Ga. L. 1872, p.
388), as amended, so as to authorize said board to expend funds to
acquire, improve, and sell real or personal property in connection
with its secondary and postsecondary vocational education curricula
or program; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the board of public education
and orphanage for Bibb County, approved August 23, 1872 (Ga. L.
1872, p. 388), as amended, is amended by striking Section 5 in its
entirety and substituting in lieu thereof a new Section 5 to read as
follows:
Section 5. The Board of Public Education and Orphanage for
Bibb County is authorized to expend educational funds available to it
for the purpose of acquiring, improving, and selling real or personal
property in connection with its secondary and postsecondary voca-
tional education curricula or program.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia, a bill to amend
Georgia Laws 1872 p. 388 establishing a Board of Public Education
and Orphanage for Bibb County so as to provide for the operation of a
career house program among the vocational offerings of said Board of
Education.
5050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 9th day of February, 1982.
W. Warren Plowden, Jr.
Attorney for Board of
Public Education and
Orphanage
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Richard L. Greene who, on oath,
deposes and says that he/she is Senator from the 26th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Macon News which is the official
organ of Bibb County, on the following dates: Feb. 12,19 & 26,1982 &
March 5,1982.
/s/ Richard L. Greene
Senator,
26th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 14, 1982.
GEORGIA LAWS 1982 SESSION
5051
GLYNN-BRUNSWICK HOSPITAL AUTHORITY
MEMBERS.
No. 1427 (Senate Bill No. 782).
AN ACT
To change the method of selection of members of the Glynn-
Brunswick Hospital Authority; to provide for qualifications of mem-
bers; 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. Pursuant to the authority of subsection (c) of Code
Section 31-7-72 of the Official Code of Georgia Annotated (Code
Section 88-1803 of the Code of 1933), the method of selection of and
qualifications of members of the Glynn-Brunswick Hospital Author-
ity are changed as provided in this Act.
Section 2. (a) A successor to each member who represents the
county shall be appointed by the governing authority of Glynn
County; and each such member must be a resident of the unincorpo-
rated area of Glynn County at the time of appointment.
(b) A successor to each member who represents the City of
Brunswick shall be appointed by the governing authority of the City
of Brunswick; and each such member must be a resident of the City of
Brunswick at the time of appointment.
(c) A successor to the member who represents the county and
the city shall be appointed by joint action of the city and county
governing authorities; and each such member must be a resident of
Glynn County.
Section 3. (a) No member may serve more than two consecutive
terms in office.
(b) (1) The provisions of Code Sections 89-916 and 89-953
(and Code Sections 45-10-3 and 45-10-23 of the Official Code of
Georgia Annotated), as now or hereafter amended, shall apply to
all members of the authority. The provisions of Code Sections 89-
916 and 89-953(i) (and paragraph (9) of Code Section 45-10-3 and
5052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Code Section 45-10-23 of the Official Code of Georgia Annotated),
as now or hereafter amended, shall be deemed to have been
complied with and the authority may purchase from, sell to,
borrow from, loan to, contract with or otherwise deal with any
member or any organization or person with which any member of
the authority is in any way interested or involved, provided (A)
that any interest or involvement by such member is disclosed in
advance to the authority and is recorded in the minutes of the
authority; (B) no member having a substantial interest or involve-
ment may be present at that portion of an authority meeting
during which discussion of any matter is conducted involving any
such organization or person; and (C) no member having a substan-
tial interest or involvement may participate in any decision of the
authority relating to any matter involving such organization or
person. As used herein, a substantial interest shall mean any
interest which reasonably may be expected to result in a direct
financial benefit to such member as determined by the authority,
which determination shall be final and not subject to review.
(2) Nothing contained herein or in said Code sections shall
be deemed to prohibit any member who is present at any meeting
or who participates in any decision of the authority from providing
legal services in connection with any of the undertakings of the
authority or from being paid for such services.
Section 4. If any member at any time ceases to be a resident of
Glynn County or transacts any business in violation of subsection (b)
of Section 3, then his position shall immediately be declared vacant
and a successor for the remainder of the unexpired term shall be
selected by the governing authority of the city, by the governing
authority of the county, or by joint action of the two governing
authorities, as the case may be. Other vacancies shall be filled in the
same manner.
Section 5. The members in office on the effective date of this Act
shall serve out the terms for which they were appointed.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1982 SESSION
5053
Notice of Intent to Introduce Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to change the
method of selecting members of the Glynn-Brunswick Hospital
Authority; to provide for limitations upon business transactions by
members of the authority; to provide for all related matters; and for
other purposes.
This 25th day of February, 1982.
Dean Auten
Representative,
Jim Tuten
Representative,
Bill Littlefield
Senator
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: Feb. 27,1982 & March 6 & 13,
1982.
/s/ Bill Littlefield
Senator,
6th District
5054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 14, 1982.
COMPENSATION TO WILLIAM DICKEY.
No. 96 (House Resolution No. 27).
A RESOLUTION
To compensate Mr. William Dickey; and for other purposes.
WHEREAS, Mr. William Dickey and his son, James Douglas
Dickey, reside at 6735 River Springs Court in Atlanta, Georgia; and
WHEREAS, on the afternoon of November 27, 1978, at approxi-
mately 1:30 P.M., J. Douglas Dickey parked Mr. William Dickeys
automobile, a 1974 Datsun, in the student parking lot, located at the
corner of Ferst and State Streets, of the Georgia Institute of Technol-
ogy; and
WHEREAS, while J. Douglas Dickey was in the process of parking
Mr. William Dickeys automobile in said parking lot, the right rear
tire and the right front fender were struck by a steel rod protruding
from the wooden curb of the parking lot, causing damage to Mr.
William Dickeys automobile in the amount of $192.67; and
WHEREAS, the damage to the automobile occurred through no
fault or negligence of either Mr. William Dickey or J. Douglas Dickey,
so it is only fitting and proper that Mr. William Dickey be reimbursed
for his loss.
GEORGIA LAWS 1982 SESSION
5055
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Georgia Institute of Technology
is hereby authorized and directed to pay to Mr. William Dickey the
sum of $192.67 as compensation for his damages. Said sum shall be
paid from funds appropriated to or available to Georgia Institute of
Technology and shall be in full and complete satisfaction of all claims
against the state arising out of said occurrence.
Approved April 14,1982.
COMPENSATION TO K. E. GORDON.
No. 97 (House Resolution No. 57).
A RESOLUTION
Compensating Mr. K. E. Gordon; and for other purposes.
WHEREAS, on August 1, 1980, Mr. K. E. Gordon, a student at
Georgia Tech, placed several boxes and a new suitcase in the storage
room of Field Residence Hall on the Georgia Tech campus; and
WHEREAS, upon returning to the campus on September 10,
1980, Mr. Gordon found the boxes and suitcase saturated with water
as a result of a cracked and leaky roof; and
WHEREAS, as a result of such leakage, Mr. Gordon suffered
damages to his personal belongings in the amount of $908.50; and
WHEREAS, the damage occurred through no fault or negligence
on the part of Mr. Gordon, so it is only fitting and proper that he be
compensated for this damage.
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 $454.25 to Mr. K. E. Gordon as compensation as provided
5056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 14,1982.
COMPENSATION TO ROBERT TUCKER.
No. 98 (House Resolution No. 106).
A RESOLUTION
Compensating Mr. Robert Tucker; and for other purposes.
WHEREAS, on or about June 10, 1978, one Richard Eugene
Mathis, a prisoner under the jurisdiction of the Department of
Offender Rehabilitation, escaped from the custody of the depart-
ment; and
WHEREAS, Mr. Mathis stole a vehicle belonging to the Depart-
ment of Transportation, thereafter lost control of said vehicle, and
destroyed a chain link fence belonging to Mr. Robert Tucker; and
WHEREAS, Mr. Robert Tucker incurred damages totaling
$286.00 by reason of the destruction of this fence; and
WHEREAS, this event occurred through no fault or negligence on
the part of Mr. Tucker, and it is only just and fitting that he be
compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Department of Offender Reha-
bilitation is authorized and directed to pay the sum of $286.00 to Mr.
Robert Tucker 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 14,1982.
GEORGIA LAWS 1982 SESSION
5057
DR. McKEE HARGRETT BRIDGE DESIGNATED.
No. 105 (House Resolution No. 583).
A RESOLUTION
Designating the Dr. McKee Hargrett Bridge; and for other pur-
poses.
WHEREAS, Dr. McKee Hargrett, an outstanding Wayne County
physician for over forty years, is a native Georgian, having been born
in Tifton, Georgia; and
WHEREAS, after graduating from Tifton High School and
attending the Kirksville College of Applied Science in Kirksville,
Missouri, Dr. Hargrett earned his medical degree at the Kirksville
College of Osteopathic Medicine and Surgery, served his internship
at the Detroit Osteopathic Medical Hospital, and received post
graduate training at the New York Polyclinic Medical School and
Hospital in New York City; and
WHEREAS, in addition to his distinguished private practice in
the fields of medicine, surgery, and obstetrics in Wayne County, Dr.
Hargrett is a valued member of the medical staff at Wayne Memorial
Hospital in Jesup, Georgia; serves as Medical Director of the
Polyclinic in Screven, Georgia; is a member of the Georgia Osteo-
pathic Medical Association; and in 1977 was chosen by the Georgia
Osteopathic Medical Association as Physician of the Year for the
state; and
WHEREAS, despite the enormous demands on his time as a
medical practitioner, Dr. Hargrett has served his community and
state well, having been elected as Wayne Countys representative in
the General Assembly of Georgia for three sessions; and
5058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, Dr. Hargrett is a veteran of the military and is
presently a Blue Lodge Master Mason; and
WHEREAS, it is only fitting and proper that this body celebrate
the abundant life and works of Dr. McKee Hargrett.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge on U. S. Highway 82
West over the Satilla River, the county line between Wayne and
Pierce counties, be designated the Dr. McKee Hargrett Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating such bridge as the Dr. McKee Hargrett Bridge.
Approved April 14,1982.
COMPENSATION TO BOBBY L. KINARD.
No. 106 (House Resolution No. 585).
A RESOLUTION
Compensating Mr. Bobby L. Kinard; and for other purposes.
WHEREAS, Mr. Bobby L. Kinard, an employee of the Depart-
ment of Transportation, was requested by the department to docu-
ment the conditions before and after the completion of a rehabilita-
tion project on the rail track and approaches of the Southen Railway
branch line from Moultrie to Pavo; and
WHEREAS, the documentation was important because it repre-
sented the first project completed utilizing funds from the Federal
Railway Act of 1976; and
WHEREAS, since the department had no movie camera of its
own, Mr. Kinard used his own personal Nikon Super 8 movie camera
for the documentation; and
GEORGIA LAWS 1982 SESSION
5059
WHEREAS, in the course of filming, the highrailer from which
Mr. Kinard was filming stopped abruptly, throwing Mr. Kinard
backward and causing his camera to fall on the floor of the vehicle;
and
WHEREAS, as a result of this incident, Mr. Kinard suffered
property damage to his camera in the amount of $198.00; and
WHEREAS, the loss occurred through no fault or negligence on
the part of Mr. Kinard 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 Department of Transportation
is authorized and directed to pay the sum of $198.00 to Mr. Bobby L.
Kinard 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 14,1982.
C. L. MOSS PARKWAY DESIGNATED.
No. 108 (House Resolution No. 592).
A RESOLUTION
Designating the C. L. Moss Parkway; and for other purposes.
WHEREAS, C. L. Lum Moss was a great Georgian who gave
generously of himself in service to the State of Georgia; and
WHEREAS, Mr. Moss represented Gordon County with ability
and distinction in the House of Representatives from 1937 through
1942 and again lent his wisdom and dedication to the General
Assembly as Senator from the 37th District from 1957 through 1958,
and
5060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, he also served on the Board of Regents of the
University System of Georgia and contributed greatly to the develop-
ment of the fine system Georgia enjoys today; and
WHEREAS, it is appropriate that a fitting memorial be dedicated
to Mr. Moss in his native Gordon County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bypass west of Calhoun between
Georgia Highway 136 West and 136 East is hereby designated the
C.L. Moss Parkway.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to erect and maintain appropri-
ate markers identifying the C. L. Moss Parkway.
Approved April 14,1982.
CLEM HOLLAND MEMORIAL BRIDGE DESIGNATED.
No. 109 (House Resolution No. 593).
A RESOLUTION
Designating the Clem Holland Memorial Bridge; and for other
purposes.
WHEREAS, Clem Holland was an outstanding citizen of Georgia
who spent his entire life in Gordon County, mostly in the Resaca area;
and
WHEREAS, he joined the postal service in 1943, became post-
master at Resaca in 1946, and served the Resaca community in this
capacity for 35 years; and
WHEREAS, Mr. Hollands career was an example of all that is
best in public service and his many and varied civic and church
activities did much to enrich his community and state; and
GEORGIA LAWS 1982 SESSION
5061
WHEREAS, the bridge by which U. S. Highway 41 spans the
Oostanaula River stands in view of the home where this great
Georgian spent many years of his life.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge by which U. S. Highway
41 spans the Oostanaula River is hereby dedicated as a memorial to
Clem Holland and shall be named the Clem Holland Memorial
Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating the Clem Holland Memorial Bridge.
Approved April 14,1982.
WILLIAM FRANKLIN BLOODWORTH BRIDGE
DESIGNATED.
No. 116 (House Resolution No. 755).
A RESOLUTION
Designating the William Franklin Blood worth, Jr., Bridge; and for
other purposes.
WHEREAS, Mr. William Franklin Bloodworth, Jr., was bom in
Wilkinson County, Georgia, in 1917, the son of Mr. William F.
Bloodworth and Mrs. Ada Whitaker Bloodworth; and
WHEREAS, on November 1, 1948, he was engaged in the con-
struction of the bridge by which U. S. Highway 441 crosses Commis-
sioner Creek at McIntyre, Georgia; and
WHEREAS, that day, a steel beam used in constructing the
bridge hit a high tension wire which killed Mr. William Franklin
Bloodworth, Jr.; and
5062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, it is only fitting and proper that in his memory this
bridge for which he gave his life be designated the William Franklin
Bloodworth, Jr., Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that this bridge by which U. S. Highway
441 crosses Commissioner Creek at McIntyre, Georgia, shall be
designated the William Franklin Bloodworth, Jr., Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating that bridge as the William Franklin Bloodworth, Jr.,
Bridge.
Approved April 14,1982.
COMPENSATION TO MRS. DORA SALKIN.
No. 190 (House Resolution No. 243).
A RESOLUTION
Compensating Mrs. Dora Salkin; and for other purposes.
WHEREAS, on March 26,1980, Mrs. Dora Salkin was working as
a volunteer social worker in the Alcohol and Drug Abuse Unit at the
Georgia Regional Hospital in Savannah; and
WHEREAS, in the performance of her work, Mrs. Dora Salkin
was injured as a result of an accident which occurred through no fault
or negligence on the part of Mrs. Salkin; and
WHEREAS, Mrs. Salkin has incurred medical and optical
expenses in the amount of $135.15 which cannot be compensated
from other sources.
GEORGIA LAWS 1982 SESSION
5063
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
$135.15 to Mrs. Dora Salkin 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 16,1982.
COMPENSATION TO MS. LINDA A. SIKES.
No. 191 (House Resolution No. 331).
A RESOLUTION
Compensating Ms. Linda A. Sikes; and for other purposes.
WHEREAS, on October 15,1980, Ms. Linda A. Sikes was driving
her motor vehicle on the Bankhead Highway in Douglasville, Georgia;
and
WHEREAS, the Department of Transportation was mowing the
right of way adjacent to the highway, and the mower threw a rock
which struck and shattered the windshield on Ms. Sikes motor
vehicle; and
WHEREAS, Ms. Sikes insurance carrier paid all but $50.00 of the
damages; and
WHEREAS, Ms. Linda A. Sikes suffered damages to her motor
vehicle in the amount of $50.00, and said loss occurred through no
fault or negligence on the part of Ms. Linda A. Sikes.
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 $50.00 to Ms.
5064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Linda A. Sikes 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 16,1982.
COMPENSATION TO J. B. CUMMINGS.
No. 192 (House Resolution No. 518).
A RESOLUTION
Compensating Mr. J. B. Cummings; and for other purposes.
WHEREAS, on March 31, 1977, Gabriel Cummings, the son of
Mr. J. B. Cummings, was riding a motorcycle atop Pine Mountain in
Georgia; and
WHEREAS, a Department of Transportation highway construc-
tion crew was making repairs on the highway; and
WHEREAS, construction equipment and personnel were on the
highway below the crest of the mountain; and
WHEREAS, the construction crew had placed no warning signals
on the opposite side of the mountain to warn approaching motorists;
and
WHEREAS, when Gabriel Cummings drove over the top of the
mountain, he was unexpectedly confronted with an obstructed high-
way; and
WHEREAS, in attempting to avoid a collision with construction
vehicles and personnel, Gabriel Cummings lost control of the motor-
cycle and fell to the ground; and
GEORGIA LAWS 1982 SESSION
5065
WHEREAS, the damages sustained by Mr. J. B. Cummings
totaled $1,327.27; and
WHEREAS, the loss occurred through no fault or negligence on
the part of Mr. J. B. Cummings or Gabriel Cummings, and it is only
fitting and proper that he be reimbursed for the loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Department of Transportation
is authorized and directed to pay the sum of $1,327.27 to Mr. J. B.
Cummings 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 16,1982.
COMPENSATION TO JOHN D. BRADLEY.
No. 193 (House Resolution No. 528).
A RESOLUTION
Compensating Mr. John D. Bradley; and for other purposes.
WHEREAS, on February 7,1968, Mr. John D. Bradley did loan to
the Georgia Historical Commission two rare coins as described below
for a display in the Midway Museum:
(1) United States Silver Dollar dated 1798, with 15 stars on
the obverse, in extremely fine condition; and
(2) Great Britain (England), Charles II dated 1679, Gold
Guinea in very fine condition; and
WHEREAS, Mr. Bradley was told that the coins would be ade-
quately covered by state insurance; and
5066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, the two rare coins were stolen during a burglary in
June of 1972, and Mr. Bradley was notified that the coins were not
insured; and
WHEREAS, Mr. John D. Bradley loaned the coins in good faith to
the Georgia Historical Commission fully expecting their return or to
be reimbursed should the coins be stolen or lost; and
WHEREAS, the total loss to Mr. John D. Bradley due to theft of
the coins at the fair market value as of December 3,1981, is $3,000.00;
and
WHEREAS, said loss occurred through no fault or negligence on
the part of Mr. Bradley, 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 Department of Natural
Resources is authorized and directed to pay the sum of $3,000.00 to
Mr. John D. Bradley 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 16,1982.
HEERY-DICKEY REGIONAL YOUTH DEVELOPMENT
CENTER NAMED.
No. 195 (House Resolution No. 545).
A RESOLUTION
Honoring Judge B. B. Heery and Judge Grady Lee Dickey and
naming the Heery-Dickey Regional Youth Development Center; and
for other purposes.
GEORGIA LAWS 1982 SESSION
5067
WHEREAS, Judge B. B. Heery passed away June 19,1970; and
WHEREAS, he had served on the bench since 1923, first as judge
of the Municipal Court of Savannah and later as judge of the
Domestic Relations Division of the Superior Court of Chatham
County; and
WHEREAS, in 1970 he received the Trustees Award, a national
honor from the Methodist Church; and
WHEREAS, he was also active in civic and community affairs,
serving in leadership positions in Civitan, the Elks, and the Shriners;
and
WHEREAS, Judge Heerys services to the people of his commu-
nity, state, and country should be honored and remembered by this
body and the people of Georgia; and
WHEREAS, Judge Grady Lee Dickey passed away on July 30,
1980; and
WHEREAS, Judge Dickey was a native Georgian, bom March 10,
1924, in Woodcliff, Screven County, Georgia; and
WHEREAS, Judge Dickey served in the United States Army and
United States Army Reserves, served as assistant city attorney of
Savannah from 1955 to 1958, and represented Chatham County as a
member of the House of Representatives of the 126th General Assem-
bly in 1961 and 1962; and
WHEREAS, Judge Dickey concluded his outstanding career of
public service in the capacity of judge of the Juvenile Court of
Chatham County from 1975 until his death; and
WHEREAS, Judge Dickeys great services to the people and
especially the youth of his community, state, and country should be
honored and remembered by this body and the people of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that this body expresses its deep appre-
ciation of the great public services rendered by Judge B. B. Heery and
Judge Grady Lee Dickey.
5068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the former Chatham County
juvenile detention facility, which will come under the control and
jurisdiction of the state pursuant to Senate Bill 580 of the 1980
General Assembly, is hereby named the Heery-Dickey Regional
Youth Development Center.
BE IT FURTHER RESOLVED that the Clerk of the House of
Representatives is authorized and directed to transmit an appropri-
ate copy of this resolution to the commissioner of the Department of
Human Resources.
Approved April 16,1982.
COMPENSATION TO ARTHUR MANN.
No. 197 (House Resolution No. 596).
A RESOLUTION
Compensating Mr. Arthur Mann; and for other purposes.
WHEREAS, on June 3, 1981, the automobile belonging to Mr.
Arthur Mann was parked in the driveway at the office of James H.
Floyd State Park in Summerville, Georgia; and
WHEREAS, a tractor belonging to the Department of Natural
Resources and operated by one of its employees struck Mr. Manns
automobile while attempting to pass between such vehicle and a rail
fence; and
WHEREAS, Mr. Mann suffered damages to his automobile total-
ing $134.05; and
WHEREAS, said accident occurred through no fault or negligence
on the part of Mr. Mann, and it is only just and proper that he be
compensated for his loss.
GEORGIA LAWS 1982 SESSION
5069
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Department of Natural
Resources is authorized and directed to pay the sum of $114.98 to Mr.
Arthur Mann 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 16,1982.
MILLER J. GRIST BRIDGE DESIGNATED.
No. 198 (House Resolution No. 656).
A RESOLUTION
Designating the Miller J. Grist Bridge; and for other purposes.
WHEREAS, Mr. Miller J. Grist was one of Rabun Countys most
outstanding citizens and civic leaders; and
WHEREAS, he was a dedicated member of the Rabun County
Board of Education for several years; and
WHEREAS, he served as President of the Little Tennessee
Watershed Development; and
WHEREAS, Mr. Grist worked diligently to have a new bridge
built over the Little Tennessee River on Route 246 between Dillard,
Georgia, and Highlands, North Carolina; and
WHEREAS, he saw the new bridge become a reality in 1968 before
his passing in 1971 after a long and productive life; and
WHEREAS, he was also instrumental in having an observation
point established on Route 246 which provides an excellent view of
the beautiful Little Tennessee Valley; and
5070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, the observation point was not completed until after
Mr. Grist passed away on May 5,1971; and
WHEREAS, it is fitting that the bridge over the Little Tennessee
River on Route 246 be named to honor Miller J. Grist.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge over the Little Tennessee
River on Route 246 between Dillard, Georgia, and Highlands, North
Carolina, is hereby designated the Miller J. Grist Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to erect appropriate signs on
approaches to said bridge designating it as the Miller J. Grist Bridge.
Approved April 16,1982.
RICHMOND COUNTY MERIT SYSTEM ADVISORY
COMMISSION CREATED.
No. 201 (House Resolution No. 828).
A RESOLUTION
Creating the Richmond County Merit System Advisory Commis-
sion; and for other purposes.
WHEREAS, during the 1982 session of the General Assembly, a
local amendment to the Constitution was adopted which will be
ratified or rejected by the voters of Richmond County in the 1982
general election; and
WHEREAS, this amendment authorizes the General Assembly to
create a merit system of employment for all or some of the employees
of the sheriff of Richmond County; and
GEORGIA LAWS 1982 SESSION
5071
WHEREAS, if this amendment is ratified, local legislation will be
necessary if such a merit system is to be created; and
WHEREAS, due to the importance of this subject, it is advisable
for members of the General Assembly who represent Richmond
County to receive input from individuals in the community prior to
preparing such legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is created the Richmond
County Merit System Advisory Committee to be composed of ten
members selected as follows:
One member appointed by each of the two members of the
Senate who represents Richmond County; and
One member appointed by each of the six members of the
House of Representatives who represent only
Richmond County; and
Two members appointed by the entire delegation of the
General Assembly which represents Richmond
County.
Each member of the commission shall be a resident of Richmond
County; however, no member of the commission shall be an elected
public official, nor shall any member be a law enforcement officer.
BE IT FURTHER RESOLVED that the Richmond County dele-
gation to the General Assembly shall call the first meeting of the
commission. At the first meeting, the commission shall select a
chairman from among its members. 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 when such duty or function
is performed in Richmond County. The governing authority of
Richmond County may, at its discretion, reimburse members of the
commission for actual expenses incurred for performing any duty or
function as a member of the commission when such duty or function
is performed outside Richmond County.
5072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the commission shall study
all aspects of establishing a merit system of employment for employ-
ees of the sheriff in Richmond County. The commission may under-
take the study of all issues relevant and bearing on the creation of
such a merit system. From these studies the commission shall make
periodic reports of its findings and recommendations to the
Richmond County delegation to the General Assembly and shall, by
December 31,1982, make a final report of its findings and recommen-
dations to the Richmond County delegation to the General Assembly.
Such reports may be used by the Richmond County delegation to the
General Assembly in preparing local legislation creating such merit
system. The commission shall stand abolished March 31,1983.
Approved April 16,1982.
CITY OF HELENA NEW CHARTER.
No. 1480 (Senate Bill No. 774).
AN ACT
To reincorporate the City of Helena, Georgia, and to grant a new
charter to the said City; to repeal and replace the Charter of Helena
granted by an Act approved (December 27,1890, (Ga. L. 1890-1891, p.
634)), as amended; to provide for corporate powers; to provide for
ordinances; to provide for the construction of this Act; to provide for
corporate limits; to provide for a city council to be composed of a
mayor and six councilmen; to provide for the elections, qualifications,
duties, powers, authority, compensation and method of filling vacan-
cies of the mayor and councilmen; to provide for calling and conduct-
ing council meetings; to provide for quorums; to provide for ordi-
nances, rules, regulations, bylaws, practices and procedures; to pro-
vide for penalties; to provide that the mayor shall have a veto; to
provide for overriding said veto; to provide for a mayor pro tem and
his election, duties, powers and term of office; to provide for the
suspension of elected officials; to provide for a city clerk and his
appointment, duties, powers, authority and compensation; to provide
GEORGIA LAWS 1982 SESSION
5073
for surety bonds; to provide for the adoption of ordinances and the
practices and procedures in connection therewith; to provide for the
organization of city government and changes in such organization; to
provide for the dismissal or the requested resignation of city employ-
ees and public hearings in connection therewith; to provide for a city
administrator and his appointments, duties, authority, term of office
and compensation; to provide for a city attorney and his appoint-
ment, duties, powers, and compensation; to provide for oaths of
office; to provide for the creation of a planning commission and its
duties, powers, authority and compensation; to provide for a police
court and its jurisdiction; to provide for the penalties and punish-
ments which may be imposed by said Court; to provide for the
issuance of warrants; to provide for appeals and the practices and
procedures connected therewith; to provide that police officers of said
city shall have certain powers and authority; to provide for bails and
recognizances; to provide for the forfeiture of bonds, cash or property;
to provide for court costs and rules of the court; to provide for the
taxation of property and the listing, assessing and collection of both
real and personal property and the taxes thereon; to provide for the
levy of taxes; to provide for due dates of tax bills; to provide for the
collection of delinquent taxes; to provide for special assessments; to
provide for licenses and occupational taxes; to provide for garbage
collection service charges; to provide for the transfer of executions; to
provide for general obligation bonds and revenue bonds; to provide
for the promulgation, adoption and alteration of budgets for the city;
to provide for regular and special elections and practices and proce-
dures connected therewith; to provide for the qualification of electors
and the applicability of general laws; to provide for the time and place
of elections; to provide that these persons presently elected to office
shall continue to serve until their successors are duly elected and
qualified; to provide for absentee ballots; to provide for other matters
relative to the foregoing; to provide for severability; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
CORPORATE POWERS AND CORPORATE LIMITS
Section 1.01. Reincorporation. This Act shall constitute the
whole charter for the City of Helena, Georgia, repealing and replacing
the charter as provided by an Act approved December 27,1890 (Ga. L.
5074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1890-1891, p. 634), as amended. The City of Helena, Georgia, in the
County of Telfair, and the inhabitants thereof, shall continue to be a
body politic and corporate under the name and style of City of
Helena, and by that name shall have perpetual succession, may
contract and be contracted with, may sue and be sued, plead and be
impleaded in all the courts of law and equity and in all actions
whatsoever, and may have and use a common seal and change it at
pleasure.
Section 1.02. Corporate Powers, (a) The corporate powers of
the City of Helena, to be exercised by the city council, shall include
the following:
(1) Property Taxes. To levy and to provide for the assess-
ment, valuation, revaluation and collection of taxes on all property
subject to taxation;
(2) Business Regulation and Taxation. To levy and provide
for the collection of license fees and taxes on privileges, occupa-
tions, trades and professions and to license and regulate such
privileges, occupations, trades, and professions, and to provide for
the manner and method of payment of such licenses and taxes;
(3) Appropriations and Expenditures. To make appropri-
ations for the support of the government of the city, to authorize
the expenditure of money for any purpose authorized by this Act
and for any purpose for which a municipality is authorized by the
laws of the State of Georgia, and to provide for the payment of
expenses of the city;
(4) 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 Act or the laws of the State of Georgia;
(5) Municipal Property Ownership. To acquire, dispose of,
and hold in trust or otherwise, any real, personal, or mixed
property, in fee simple, or lesser interest, inside or outside the
corporate limits of the city;
(6) Gifts. To accept or refuse gifts, donations, bequests or
grants for 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;
GEORGIA LAWS 1982 SESSION
5075
(7) 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 Council, under
Code Section 36-202, or under other applicable Acts as are or may
be enacted;
(8) 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 lights plants, transportation facilities,
public airports, and any other public utility; to fix the taxes,
charges, rates, fares, fees, assessments, regulations and penalties
and to provide for the withdrawal of service for refusal and failure
to pay same and the manner in which such remedies shall be
enforced;
(9) 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 valid regula-
tions by the Public Service Commission;
(10) 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 without
notification;
(11) Rights-of-way, Public Utilities. 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,
constructing, building, operation and maintenance, of public
ways, parks and playgrounds, recreational facilities, cemeteries,
markets and market houses, public buildings, libraries, sewers,
drains, sewerage treatment, airports, hospitals, and charitable,
cultural, educational, recreational, conservational, athletic, cur-
ative, correctional, 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
5076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, and for such purposes, property may be acquired by
condemnation under Code Section 36-202, or other applicable
Acts, as are or may be enacted;
(13) Sidewalk Maintenance. To require real estate owners to
repair and maintain in 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 city council deems necessary and reasonable to
insure a safe, healthy and aesthetically pleasing community;
(16) Regulation of Roadside Areas. To prohibit or regulate
and control the erection, removal, and maintenance of signs,
billboards, trees, shrubs, fences, buildings and any and all other
structures or obstructions upon or adjacent to the right-of-ways 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;
(17) Health and Sanitation. To prescribe standards of health
and sanitation and to provide for the enforcement of such ordi-
nances;
(18) Air and Water Pollution. To regulate the emissions of
smoke, gas, fumes and exhaust which pollutes the air and to
prevent the pollution of natural streams which flow within the
corporate limits of the city, and the source or sources of water
supply for the use and consumption of the city and its residents;
(19) Fire Regulations. To fix and establish fire limits and
from time to time to extend, enlarge or restrict the same; to
prescribe fire safety regulations not inconsistent with general
GEORGIA LAWS 1982 SESSION
5077
laws, relating to both fire prevention and detection and to fire
fighting, and to prescribe penalties and punishment for violation
thereof;
(20) Public Hazards, Removal. To provide for the destruc-
tion and removal of any building or other structure which may or
might become dangerous or detrimental to the public;
(21) 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, and paper and to provide for the sale of such items;
(22) 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 or benefiting from such
services to the fullest extent allowed by Georgia law; to enforce the
payment of such service charges, taxes, or fees; and to provide for
the manner and method of collecting such service charges, taxes,
or fees;
(23) 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;
(24) Sewer Connection Fee. 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) Definition, Regulation of Public Health and Welfare.
To define, regulate and prohibit any act, practice, conduct or use
of property which is detrimental, or likely to be detrimental, to the
health, sanitation, cleanliness, welfare, and safety of the inhabi-
tants of the city and to provide for the enforcement of such
standards;
5078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(26) Nuisance. To provide for the abatement of any hazard
to the public health or other nuisance whether on public or private
property;
(27) Municipal Property Protection. To provide for the
preservation and protection of property and equipment of the city
and the administration and use of same by the public, and to
prescribe penalties and punishment for violations thereof;
(28) Minimum Standards. To establish minimum standards
for and to regulate building construction and repair, electrical
wiring and equipment, gas installation and equipment, plumbing,
and housing for the health, sanitation, cleanliness, welfare, and
safety of inhabitants of the city and to provide for the enforcement
of such standards;
(29) Jail Sentences. To provide that persons given jail sen-
tences in the 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;
(30) 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 ordinances enacted
hereunder;
(31) 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;
(32) 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 amounts to be prescribed by ordinance; to
require seat belts in such vehicles; and to regulate and rent
parking spaces in public ways for the use of such vehicles;
GEORGIA LAWS 1982 SESSION
5079
(33) Pensions. To provide and maintain a system of pensions
and retirement for officers and employees of the city;
(34) Special Assessments. To levy and provide for the collec-
tion of special assessments to cover the costs of any public
improvements;
(35) Contracts. To enter into contracts and agreements with
other governmental entities and with private persons, firms and
corporations providing for services to be furnished and payment
to be made therefor;
(36) City Agencies and Delegation of Power. To create, alter
or abolish departments, boards, offices, commissions and agencies
of the city, and to confer upon such agencies the necessary and
appropriate authority for carrying out all the powers conferred
upon or delegated to same;
(37) Ordinances, Regulations. 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;
(38) Penalties. To provide penalties for violations of any
ordinance adopted pursuant to the authority of this Act and the
laws of the State of Georgia;
(39) 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 Act as fully and com-
pletely 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;
(40) City Development, Support of Public Facilities. To levy
taxes and to make appropriations for the purpose of advertising
said city and its advantages and resources so as to bring new
capital and commercial and manufacturing and other enterprises
5080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
into the city, and also to levy taxes and to make payment from the
general revenues and funds of the city for the support of public
hospitals and libraries;
(41) Other Taxes. To impose, levy and collect excise taxes,
gross receipts taxes, sales or use taxes, amusement admission
taxes, franchise taxes, occupational taxes, license taxes, or any
other tax or taxes to the fullest extent allowable or not expressly
prohibited by Georgia law;
(42) 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 of Helena.
(b) No enumeration of particular powers in this Act shall be held
to be exclusive of others, nor restrictive of general words and phrase
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 1.03. Ordinances. All ordinances, bylaws, rules and
regulations, now in force in said city, not inconsistent with this Act
are hereby declared valid and of force until amended or repealed by
the council of said city.
Section 1.04. 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 Act shall not be construed
as limiting in any way the general power of the city as stated in this
Act. It is the intention hereof to grant the city full power and right to
exercise all governmental authority necessary for the effective opera-
tion and conduct of the city within its corporate limits and to conduct
all of its affairs.
Section 1.05. City Boundaries. The corporate limits of the City
of Helena shall include all territory within a radius of three-quarters
of a mile from the center of the intersection of the Southern Railroad
with the Seaboard Coast Line Railroad in said City of Helena, except
where the present boundary line meets the present boundary line of
the City of McRae, Georgia, and shall be a circle, except it shall not
GEORGIA LAWS 1982 SESSION
5081
cross any boundary line of the City of McRae, and all territory
embraced in said circle shall be incorporated and included in said
City of Helena, except that part of said circle which is already
included in the incorporated limits of the City of McRae.
ARTICLE II
CITY GOVERNMENT; ORGANIZATION; PERSONNEL
Section 2.01. Establishment of City Government. The corpo-
rate governmental powers of the City of Helena shall be vested in a
City Council to be composed of a mayor and six councilmen. The
mayor and council shall be elected at large by the qualified voters of
the city and shall exercise their powers in such manner as prescribed
by the duly established ordinances of the City of Helena.
Section 2.02. Terms of Office and Limitations thereon, (a)
Mayor, Term of Office. Commencing with the election for the office
of Mayor of the City of Helena to be held on the 2nd Tuesday in
December, 1983, and thereafter, the term of office of the mayor of the
City of Helena shall be for three years.
(b) Mayor, Limitation on Succession. Commencing with the
mayoral term beginning on the first Tuesday in January, 1984, the
mayor elected for such term and his or her successors to the office of
mayor shall not be eligible to succeed himself or herself to the office of
mayor after having served two successive terms in office.
(c) City Council, Terms of Office. The terms of office for
members of the City Council shall begin at the first regular meeting of
the Council in January next succeeding their election and shall
continue for two years and until their successors are elected and
qualified.
Section 2.03. City Council. The governing body of said city
shall be composed of a mayor and six councilmen, in which is vested
all corporate, legislative and other powers of the city, except as
otherwise provided in this Act. The council shall hold regular P'-ihhc
meetings at a stated time and place as provided by ordinance. The
council shall meet in special sessions on call of the mayor or call of the
mayor pro tem, and two councilmen. Notice of such meeting must
have been served on the other members personally or left at their
residence, but such notice of a special meeting shall not be required if
the mayor and all councilmen are present when the special meeting is
5082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
called. Notice of any special meeting may be waived in writing before
or after the meeting, and notice of special meeting shall be considered
waived if the mayor and all councilmen are present when the special
meeting is convened. Only the business stated in the called meeting
may be transacted at a special meeting, except by unanimous consent
of all members of the council. With such consent, any business which
may be conducted in a regular meeting may be conducted in the
special meeting. A majority of the council shall constitute a quorum.
The council may, by ordinance, adopt rules and bylaws to govern the
conduct of its business, including procedures and penalties for com-
pelling the attendance of absent members. The council may provide
by ordinance for punishment for contemptuous behavior conducted
in the presence of the council.
Section 2.04. Mayor as Presiding Officer. The mayor shall
preside at meetings of the council, shall have a vote in the case of a tie
vote by councilmen, shall have a veto power, and the mayor shall have
five days after each meeting of the council in which to file with the
city clerk, in writing, his dissent, but the council may at the same
meeting or at any subsequent meeting within thirty (30) days pass
any such ordinance, order or resolution, notwithstanding the veto, by
a majority vote of the total number of councilmen, to be taken by ayes
and nays, and entered upon the minutes, shall be the ceremonial head
of the city, sign ordinances and resolutions on their final passage, may
obtain short term loans in the name of the city when authorized by
the council to do so, and shall perform such other duties imposed by
this Act and duly adopted ordinances.
Section 2.05. Mayor Pro Tem. The council at the first regular
meeting in January, and after the newly elected councilmen have
taken office following each regular election, shall elect from its
membership a mayor pro tem for a term of one year. Upon the failure
to elect a mayor pro tem at the first regular meeting in January of
each year, the incumbent councilman who received the highest
number of votes, when last elected, shall be declared the mayor pro
tem. The mayor pro tem shall perform the duties of the mayor during
his absence from the city or his disability.
Section 2.06. Vacancy in Office of Mayor or Councilman. A
vacancy shall exist if the mayor or a councilman resigns, dies, moves
his residence from the city, or is absent from four consecutive regular
meetings of the governing authority, except if granted a leave of
absence by the council, which leave shall be entered upon the minute
GEORGIA LAWS 1982 SESSION
5083
books, or if he is adjudged incompetent or is convicted of malfeasance
in office, or of a felony, or any violation of election laws.
The council shall appoint a qualified person to fill any such
vacancy in the office of councilman for the remainder of the unex-
pired term.
At no time shall there be more than one council member so
appointed holding office, and if a vacancy occurs on the council with
one member so appointed on the council, a special election shall be
held within a period of forty-five (45) days after the office becomes
vacant pursuant to a call of a special election as provided by this Act;
however, if a special election is called pursuant to this Act, the
vacancy previously filled by appointment as well as the existing
vacancy shall be filled for the unexpired terms in a special election.
Provided, however, if a regular election for the city shall be held
within three (3) months after the second vacancy occurs, the first
vacancy previously filled by appointment and the second vacancy
shall be filled for the unexpired terms at such regular election.
In the event a vacancy should occur in the office of the mayor, a
special election shall be called and held in the manner prescribed by
Code Title 34A, the Georgia Municipal Election Code, as it now exists
or may hereafter be amended.
Section 2.07. Compensation or Expenses. The mayor and
council members shall receive compensation for their services in an
amount set by ordinance. The mayor and council members shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties of office.
Section 2.08. Suspension of Elected Officials upon Indictment
Charging Felonious Act or Acts. Whenever any elected official of the
City of Helena shall be indicted by any grand jury for any felonious
act or acts he shall be suspended, immediately upon the presentation
of said indictment, from all duties as an elected official until such
time as he has been cleared of the charges. No official who has been
suspended from office shall receive any compensation from the city
during the period of his suspensions, and the compensation of any
such official shall be forfeited upon final conviction of any of the
charges for which he was indicted, and the vacancy thus created shall
be filled upon the provisions of Section 2.06. However, if any such
official is cleared of the charges filed against him by termination in
5084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any such manner other than conviction or a guilty plea, he shall be
reinstated in office, and shall be entitled to full compensation from
the time he was suspended from office.
Section 2.09. City Clerk. The Council shall appoint a city clerk
who shall be responsible for keeping and preserving the city seal, all
records of the council, attending meetings of the council and keeping
a journal of its proceedings at such meetings, including the names of
members present and absent, the ayes and nays on each motion
considered, and the text of each resolution or ordinance considered,
preparing and certifying copies of official records in this office, for
which fees may be prescribed by ordinance, and performing such
other duties as may be required by the council.
Section 2.10. City Legislation. Any action of the council having
a regulatory or penal effect or required to be done by ordinance under
this Act shall be done only by ordinance. Each resolution or ordi-
nance shall be in written form before being voted upon. The
affirmative vote of at least a majority of the quorum shall be required
to pass any resolution or ordinance. After adoption of ordinances, the
city clerk shall number ordinances consecutively, in the order of their
final adoption, and shall copy them into a permanent record book
used solely for this purpose. The city clerk shall do likewise for
resolutions, using a separate series of numbers and a separate record
book. The original copies of all ordinances, resolutions, and motions
shall be filed and preserved by the city clerk.
Section 2.11. Readings. All ordinances, before they are passed,
shall be read twice, and each reading had at a separate meeting,
regular or special, on separate days, and the first reading shall be at a
regular meeting of the council; provided that both readings of said
ordinances may be had at the first meeting, upon unanimous consent
of the council to that effect; provided, further, that ordinances or
resolutions appropriating or involving the expenditure of money or
for other than current expenses shall be read twice as above provided
and the rule shall not be suspended.
Section 2.12. Organization. The city government shall continue
as presently organized unless and until otherwise provided by ordi-
nance or this Act. The council, by such ordinance, may establish,
abolish, merge, or consolidate offices, positions of employment,
departments and agencies of the city, may provide that the same
person shall fill a number of offices and positions of employment, may
GEORGIA LAWS 1982 SESSION
5085
transfer or change the functions and duties of offices, positions of
employment, departments and agencies of the city, and may prescribe
the duties and compensations of any office or position of employ-
ment.
Section 2.13. City Employee Dismissal or Request Resignation;
Right to a Public Hearing. The council shall have authority as the
governing body of the city to generally supervise and hire or fire any
employee of the city, and may delegate all or part of such authority to
responsible city management personnel, provided that whenever any
employee of the City of Helena is fired or requested or induced to
resign from his position of employment with the city, that person
shall have the right if he so desires, to request and have a full and
complete public hearing before the city council for the purpose of
determining the reason or reasons for such firing or requesting or
inducement of resignation.
If requested, such public hearing shall be held within a reasonable
time, but not less than thirty (30) days following such request. Said
public hearing may be held in conjunction with a regular meeting of
the council.
Section 2.14. Administrative Duties of Mayor. The mayor shall
be the executive head of the city government and shall be responsible
for the efficient and orderly administration of the citys affairs. He
shall be responsible for the enforcement of laws, rules, and regula-
tions, ordinances and franchises in the city, and the city attorney shall
take such legal action as the mayor may direct for such purposes. The
mayor may conduct inquiries and investigations into the conduct of
as may be
Section 2.15. City Administrator. The mayor and council may
appoint a city administrator. The duties and authority of the city
administrator shall be established by ordinance of the mayor and
council, and in so doing, the mayor and council may specifically
delegate to the city administrator any of the administrative or
budgetary duties of the mayor.
Section 2.16. City Treasurer. The mayor and council may
appoint a city treasurer. The duties and authority of the city
treasurer shall be established by Ordinance of the mayor and council.
the city affairs and shall have such powers and duties
provided by ordinance and not inconsistent with this Act.
5086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The council shall require the person appointed as city treasurer,
before entering upon discharge of his duties, to give good and suffi-
cient bond in the amount to be decided by the council, but not less
than $5,000.00, said bond payable to the City of Helena, for the
faithful performance of the duties of the treasurer and to secure
against corruption, malfeasance, misappropriations or unlawful
expenditures. Said surety bond shall be obtained from a surety
company licensed to do business in the State of Georgia and approved
by the council, and the premium thereon shall be paid by the city.
Section 2.17. City Attorney. The council shall appoint a city
attorney, together with such assist city attorney as may be authorized
by ordinance, and shall provide for the payment of such attorney or
attorneys for services rendered to the city. The city attorney shall be
responsible for representing and defending the city in all litigation in
which the city is a part, may be the prosecuting officer in the
municipal court, shall attend the meetings of the council as directed,
and shall advise the council, mayor and other officers and employees
of the city concerning legal aspects of the citys affairs.
Section 2.18. Oath of Office. Before a person takes office in the
city government, he shall take before the mayor or an officer of the
State authorized to administer oaths, the following such oath or
affirmation:
I solemnly (swear or affirm) that I will support the Constitution
of the United States and the State of Georgia; that I will in all
respects, observe the provisions of the charter and ordinances of the
City of Helena and I will faithfully discharge the duties of
___________. (So help me God.)
Said oaths, with the officers jurat attached, shall be written or
printed, and when executed, filed with the city clerk.
Section 2.19. City Planning. The council may create and
establish a planning commission pursuant to the provisions of general
law as they now exist or as they may hereafter be amended.
ARTICLE III
MUNICIPAL COURTS
Section 3.01. Court Authorized; Jurisdiction. The City of
Helena shall have a police court which shall have jurisdiction over all
violations of the laws and ordinances of said city.
GEORGIA LAWS 1982 SESSION
5087
Section 3.02. Judge of Municipal Court. Said Court shall be
presided over by the mayor of said city, and, in his absence or
disability, by the mayor pro tem.
Section 3.03. Powers, Maximum Penalty, Contempt. The judge
of the municipal court shall have jurisdiction to try all offenses
against the laws and ordinances of the City of Helena and to punish
violators of the same. Said Court shall have the power to enforce its
judgments by the imposition of such penalties as may be provided by
law; and to punish witnesses for nonattendance. The judge of said
municipal court shall have power and authority to impose fines for
the violations of any law or ordinance of the City of Helena passed in
accordance with this Act to an amount not to exceed five hundred
dollars ($500.00), or to imprison offenders in the city jail or Telfair
County jail for a period of not more than thirty (30) days, or to
sentence offenders to labor on the streets or other public works of the
City of Helena for not more than thirty (30) days. Said judge shall
have the power and authority to impose any one or more of these
punishments, when in the opinion of the court the facts justify it.
Said court shall have the power to preserve order, compel the atten-
dance of witnesses, compel the production of books and papers to be
used as evidence, and to issue subpoenas for these purposes, and to
issue other processes as may be necessary to the proper administra-
tion of said court, and to punish for contempt, provided such punish-
ment for contempt shall not exceed a fine of one hundred dollars
($100.00) or imprisonment in jail for not more than ten (10) days,
either one or both.
Section 3.04. Justice of Peace, Power; Committing Magistrate.
The Judge of municipal court shall be to all intents and purposes a
justice of the peace so as to enable him to issue warrants for offenses
committed within the corporate limits of the City of Helena, and if
upon trial of any case in said court, it shall appear that any person on
trial has committed an offense against the State of Georgia, it shall be
the duty of said presiding judge to commit said person to jail or admit
him to bail in bailable cases, for his appearance at the present or the
next term of a court of competent jurisdiction.
Section 3.05. Right of Appeal. The right of appeal and any
bond as may be required to secure the costs on appeal to the Superior
Court of Telfair County from the municipal court shall lie in the same
manner and under the same procedure as generally prescribed for
appeals and appeal bonds from the probate court. Provided, however,
5088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any person convicted of an offense shall have ten (10) days to file his
appeal. An appeal to the superior court shall be a de novo proceeding.
Section 3.06. Time, place for Holding Court to be Designated by
Council. The municipal court shall be held at such times and places as
the council may designate.
Section 3.07. Arrest by Police Officers; Right to Bail and
Recognizance. All police officers of said city shall have the power and
authority to arrest persons when there is established probable cause
to believe that such persons have violated any ordinances of the city
or laws of the State, and to confine them in the city jail or the common
jail of Telfair County. Such persons shall be brought before the
municipal court for the purpose of a commitment hearing following
such arrest as soon as practicable, but not later than the next session
of the municipal court, and if there exists probable cause to believe
that an offense has been committed and that the defendant commit-
ted it, the judge of the municipal court shall bind the defendant over
for trial, and shall grant him bail or recognizance if the offense is
bailable under ordinance of State law. If said probable cause does not
appear, the judge shall discharge the defendant.
Section 3.08. Acceptance of Cash or Property in Lieu of Surety
Bond. The judge of the municipal court, in his discretion, may accept
cash or real or personal property as surety for the happening of an
event or act concerning matters before the municipal court. Said
property or cash shall be deposited with the appropriate person,
official or other depository as prescribed by ordinance, in an amount
or equivalent cash value to be determined by the judge. If property
offered and accepted for said security is realty, or immovable or
cumbersome personal property, the municipal court may exercise its
authority and control over such property by posting written notice in
a conspicuous place in or on such property that it is in the custody of
said court.
Section 3.09. Forfeiture of Bond, Cash or Property on Failure to
Appear. Whenever any defendant shall give bail for his appearance
and shall fail to appear at the time fixed for the trial, his bond shall be
forfeited by the judge of said municipal court, and an execution
thereon issued by serving the defendant and his sureties with a rule
nisi, at least two (2) days before the hearing on the rule nisi. In the
event that cash or property is accepted in lieu of bond for security for
the appearance of offenders at trial and if such offenders fail to
GEORGIA LAWS 1982 SESSION
5089
appear at the time and place fixed for trial the cash so deposited shall
be on order of the judge of said municipal court declared forfeited to
the City of Helena, or the property so deposited shall have a lien
against it for the amount of value forfeited, which lien shall be
enforceable in the manner and to the same extent as a lien for city
property taxes.
Section 3.10. Court Costs. In all cases in municipal court of the
City of Helena, the costs incurred and allowable herein may 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, or the
council may establish a schedule of fees to defray the costs of
operation. The city shall be entitled to reimbursement of the costs,
meals, transportation and caretaking of prisoners bound over to the
superior court for violations of State Law. The council also may
provide a uniform scale of costs of the clerk and police officers of said
City for all services in the arrest and prosecution of offenders in the
municipal court and in the issuance and collection of tax and other
executions, and for their collection and payment into the city trea-
sury.
Section 3.11. Rules for Court. With the approval of the council,
the judge of the municipal court shall have full power and authority to
make reasonable rules and regulations necessary and proper to secure
the efficient and successful administration of the business of said
court; provided, however, that the council may adopt in part or in toto
the rules and regulations relative to the procedures of the operation of
the superior courts 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.
ARTICLE IV
FISCAL ADMINISTRATION
Section 4.01. Property Taxes. All property subject to taxation
for State or county purposes, assessed as of January 1 of each year,
shall be subject to the property tax levied by the City of Helena.
Section 4.02. Listing, Assessing and Collecting Taxes. The
council shall be authorized to prescribe by ordinance the manner in
which ad valorem taxes on real and personal property within the
corporate limits of the City shall be listed, assessed and collected.
5090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.03. 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 deemed taxable by municipal corporations
under the general laws of the State for the purpose of raising revenues
to defray the costs of operating the city government, providing
governmental services, and for other public purposes as determined
by the council in its discretion. The council is also authorized to
provide for sufficient levy to pay principal and interest on general
obligations. The City of Helena is hereby exempted from the provi-
sions of Code Sections 92-4101 through 92-4104, inclusive.
Section 4.04. 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 either in install-
ments or in one lump sum, in its discretion. The council shall also
provide for how and upon what terms such taxes shall be due and
payable, and may authorize voluntary payment of taxes prior to the
time when due.
Section 4.05. 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
or other person appointed by the council, under the same procedure
provided by the laws governing execution of such process from the
superior courts of Georgia, or by the use of any other legal processes
and remedies provided by Georgia law. Georgia property taxes shall
constitute a lien against all property upon which city property taxes
are levied as of the assessment date of January 1 of each year, which
shall be superior to all other liens except that it shall equal dignity
with those of State or county taxes. In cases of hardship, the council
shall have discretionary authority to waive any and all penalties
imposed by this Act on delinquent taxes, fees, assessments or other
amounts due by the city.
Section 4.06. Special Assessments. The council shall have the
power and authority to assess all or part of the costs of constructing,
reconstructing, widening or improving any public way, street, side-
walk, curbing, gutters, sewers, or other utility mains or appurte-
nances, against the abutting property owners, under such terms and
conditions as provided by ordinance. Such special assessments shall
become delinquent thirty (30) days after their due dates and shall
thereupon be subject to a penalty of ten (10) percent of amount due in
GEORGIA LAWS 1982 SESSION
5091
addition to fi. fa. charges or shall thereafter be subject to interest at
the rate of nine percent per annum from due date until paid. A lien for
such amount plus fi. fa. charges, interest and penalties shall exist
against the abutting property superior to all other liens, except that it
shall be of equal dignity with county and city property taxes, and said
lien shall be enforceable by the same procedures and under the same
remedies as provided in this Article for city property taxes.
Section 4.07. Licenses and Occupational Taxes. The council
may provide by ordinance for the levy of such license and occupation
fees as well as occupation taxes upon the residents of the City of
Helena, 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 advan-
tage of the city. The council shall have the power to classify
businesses, occupations, professions or callings for the purpose of
taxation in any way which may be lawful; to require such persons to
procure appropriate licenses; to compel payment for such licenses;
and to provide by rules and regulations necessary or proper to carry
out the powers herein conferred, and to prescribe penalties for the
violations thereof.
Section 4.08. Garbage Collection Service Charges. The council
may provide by ordinance for the assessment and collection of fees,
taxes, charges or tolls for garbage collection services rendered within
or without the corporate limits of the City of Helena, in order to
defray the cost of collection and disposal of garbage through the
garbage facilities of said city. If unpaid, the garbage collection service
fee, tax charge or toll shall constitute a lien against any property of
persons served, which lien shall be superior to all other liens, except
that it shall be of equal dignity with county and city property taxes,
and said lien shall be enforceable by the same procedures and under
the same remedies provided in this Article for city property taxes.
Section 4.09. Transfer of Executions. The city clerk of the City
of Helena shall be authorized to transfer or assign 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
5092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 provided by law from time to time.
Section 4.10. 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 Act or the
general laws of the State. Such bonding authority shall be exercised
in accordance with the laws governing bond issuances by municipali-
ties in effect at the time said issue is undertaken.
Section 4.11. Revenue Bonds. Revenue bonds may be issued by
the council as provided by an Act, known as the Revenue Bond Law,
approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter
amended.
Section 4.12. Budget. The city government of Helena shall be
operated on a budget. The council shall set, by ordinance, the fiscal
year and set the procedures to be followed in adopting, changing and
following the budget. Provided, however, that the budget shall be
published in a newspaper of general circulation in Helena for at least
two consecutive issues after the budget is adopted each year.
ARTICLE V
ELECTIONS
Section 5.01. Regular Elections; Time for holding and taking
office. The regular election for mayor and councilmen, or for council-
men as the case may be, shall be held on the first Tuesday in
December of each year. Run-off elections, if required, shall be held on
the third Tuesday in December of the same year. Officials elected at
any regular election shall take office on the first Tuesday in January
next following such election, or as soon thereafter as possible.
Section 5.02. Notice of Candidacy. Any person desiring to
become a candidate in any regular election shall file written notice of
his candidacy with the municipal superintendent not later than 12:00
noon on the first Saturday in November preceding the election in
which he wishes to run. Any person desiring to become a candidate in
any special election shall file written notice of his candidacy with the
GEORGIA LAWS 1982 SESSION
5093
municipal superintendent not less than ten (10) days nor more than
thirty (30) days, as prescribed by ordinance, prior to the date fixed for
the holding of any such election. A qualifying fee of twenty-five
dollars ($25.00) shall be paid by each candidate in a regular or special
election at the time his notice of candidacy is filed.
Section 5.03. Qualifications for Mayor and Councilmen. To be
eligible for the office of mayor or councilman, elected or appointed, a
person must meet the qualifications for members of the State House
of Representatives as prescribed in Article III, Section VI, Paragraph
I of the State Constitution, as now or hereafter amended, must meet
the requirements of a qualified elector for members of the General
Assembly, as prescribed by State law, must be a registered voter of
the City of Helena and must be a bona fide resident of the City of
Helena for at least one year next preceding the election in which he
offers as a candidate.
Section 5.04. Qualifications of Electors. Any person meeting
the qualifications of an elector for members of the General Assembly
under State law who has been a bona fide resident of the City of
Helena at least ninety (90) days next preceding the election in which
he desires to vote or such period as may otherwise be provided by
Code Title 34A, the Georgia Municipal Election Code, shall be
qualified to register as an elector in any city election held under this
Act.
Section 5.05. Applicability of General Laws. Except as other-
wise provided by this Act, the election of all officials of the City of
Helena where provision is made for election by the qualified voters
thereof shall be conducted as to special or general elections in
conformity so far as applicable with the provisions of Code Title 34A,
the Georgia Municipal Election Code, as it now exists or may here-
after be amended. If any time period established by the Election
Code conflicts or is altered so as to conflict with, change or supersede
any time period provided herein, it shall be considered that the time
periods provided herein will be correspondingly changed so as to
avoid any conflict between this Act and the general law of the State.
Section 5.06. Time of Election. The polls shall be open from
7:00 oclock a. m. local time to 7:00 oclock p. m. local time.
Section 5.07. Place of Elections. The polling place or places for
holding elections shall be prescribed by the council and shall be
5094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
published in the election notice as required by law; provided, how-
ever, any change in a polling place shall be effected as provided by
Code Section 34A-604, as it now exists or may hereafter be amended.
Section 5.08. Election of Mayor and Councilmen. Those
persons presently elected to office shall continue to serve until their
successors are duly elected and qualified as provided by law.
On the first Tuesday in December, 1983, and on said date every
two years thereafter, a general election shall be held for mayor and
the three councilmen whose terms of office are expiring.
The candidate for mayor who receives a plurality of votes cast in
said election shall be elected for a term of three years and until his or
her successor is duly elected and qualified. The three candidates for
councilmen who receive a plurality of votes cast in their respective
elections shall be elected for terms of office of two years each and
until their successors are duly elected and qualified.
On the first Tuesday in December, 1982, and on said date every
two years thereafter, a general election shall be held for the three
councilmen whose terms of office are expiring.
The three candidates for councilmen in said election who receive a
plurality of votes cast in their respective elections shall be elected for
terms of office of two years each and until their successors are duly
elected and qualified.
Section 5.09. Rules. The council is hereby authorized to enact
by ordinances such additional rules consistent with this Act and
general laws as are deemed necessary for the conduct of elections.
Section 5.10. Absentee Ballots. The council in its discretion is
authorized to provide by ordinance for absentee ballots.
ARTICLE VI
SEVERABILITY
Section 6.01. 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 1982 SESSION
5095
subsection, sentence, clause or phrase so declared or adjudged invalid
or unconstitutional was not originally a part hereof. The General
Assembly hereby declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would
be declared or adjudged invalid or unconstitutional.
Section 7.01. 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
1982 session of the General Assembly of Georgia, a bill to re-incorpo-
rate the City of Helena and provide for a new charter for said city; to
provide for all matters relative to the foregoing; to repeal conflicting
laws; and for other purposes.
This the 9th day of February, 1982.
ARTICLE VII
REPEALER
Ronnie Walker
Senator,
19th Senatorial District
Preston N. Rawlins, Jr.
Post Office Drawer 30
Courthouse Square
McRae, Georgia 31055
Attorney for City of Helena
2-10,2-17,2-24,3-2
Georgia, Fulton County.
attached copy of b
was published in t
Telfair County, on
1982.
the following dates: Feb. 17 & 24,1982 & March 2:
5096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Ronnie Walker
Senator,
19th District
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 16, 1982.
GLYNN COUNTY MAGISTRATES COURT.
No. 1481 (Senate Bill No. 780).
AN ACT
To amend an Act creating the Magistrates Court of Glynn
County, approved April 4, 1963 (Ga. L. 1963, p. 2969), as amended,
particularly by an Act approved March 9, 1979 (Ga. L. 1979, p. 3106),
so as to change the method of selection of the magistrate and deputy
magistrates and to change provisions relating to their compensation;
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. L. 1963, p. 2969), as amended,
particularly by an Act approved March 9,1979 (Ga. L. 1979, p. 3106),
is amended by replacing Section 2 with a new section to read as
follows:
GEORGIA LAWS 1982 SESSION
5097
Section 2. (a) There shall be a presiding officer who shall be
designated magistrate of said court. The magistrate in office on the
effective date of this section shall serve out the term for which he was
appointed. Future magistrates shall be appointed by and serve at the
pleasure of the majority of the superior court judges of the Brunswick
Judicial Circuit.
(b) The magistrate in office on the effective date of this section
shall be authorized to appoint a deputy magistrate to serve at his will;
and such deputy magistrate shall, until the expiration of the term of
said magistrate, serve and be compensated as provided by prior law.
Thereafter a deputy magistrate or deputy magistrates may be
appointed by and shall serve at the pleasure of the majority of the
superior court judges of the Brunswick Judicial Circuit. Any deputy
magistrate may serve as magistrate in the absence of the magistrate
and may at all times exercise the jurisdiction of and carry out the
duties of the magistrate, subject to the jurisdiction of the magistrate.
(c) The magistrate shall have the jurisdiction and power set
forth in this Act and shall have such additional powers as may be
exercised by justices of the peace within the scope of the jurisdiction
of the magistrate. The magistrate shall be authorized to assess and
collect court costs and fees, including costs for the issuance of
warrants, in the same amounts provided by law for justices of the
peace and shall pay the same into the treasury of Glynn County.
Section 2. Said Act is further amended by striking Sections 4
and 4A and by inserting a new Section 4 to read as follows:
Section 4. The salary of the magistrate and each deputy magis-
trate shall be set by the Glynn County governing authority. Such
salaries shall be paid monthly from county funds.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to amend an
Act creating the Magistrates Court of Glynn County, approved April
5098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the 8th day of January, 1982.
James V. Pleasants
Magistrate,
Glynn County, Ga.
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: Jan. 29, 1982 & Feb. 5 & 12,
1982.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 16, 1982.
GEORGIA LAWS 1982 SESSION
5099
APPROVAL OF CERTAIN COUNTIES BECOMING
A PART OF STATE-WIDE PROBATION
SYSTEM (550,000 OR MORE).
No. 1490 (Senate Bill No. 457).
AN ACT
To express approval of the county probation system of each
county of this state having a population of 550,000 or more according
to the United States decennial census of 1980 or any future such
census becoming a part of the state-wide probation system; to provide
for other matters relative to the foregoing; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) This Act shall apply to each county of this state
having a population of 550,000 or more according to the United States
decennial census of 1980 or any future such census.
(b) Senate Bill 531 enacted into law at the 1982 regular session of
the General Assembly of Georgia provides that certain county proba-
tion systems shall become a part of the state-wide probation system
at the beginning of the 1984-85 Fiscal year and provides for certain
financial support by the state for such county probation systems for
fiscal years 1982-83 and 1983-84. Said Senate Bill 531 also requires
that a local Act or general law of local application must be enacted
expressing approval of the county probation system becoming a part
of the state-wide probation system as a condition of the effectiveness
of said Senate Bill 531. This Act is for the specific purpose of
expressing that approval, and it is hereby specifically declared that
any county affected by this Act approves its county probation system
becoming a part of the state-wide probation system in accordance
with the terms of Senate Bill 531 enacted into law at the 1982 regular
session of the General Assembly.
5100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
COMPENSATION OF BOARDS OF COMMISSIONERS
IN CERTAIN COUNTIES (MORE THAN 500,000).
No. 1502 (Senate Bill No. 165).
AN ACT
To amend an Act fixing the compensation of the board of commis-
sioners of counties having a population in excess of 500,000 according
to the United States decennial census of 1970 or any future such
census, approved March 30, 1971 (Ga. Laws 1971, p. 2369), as
amended, so as to change the provisions relative to population; to
change the maximum amount of compensation which may be paid to
such 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 fixing the compensation of the board of
commissioners of counties having a population in excess of 500,000
according to the United States decennial census of 1970 or any future
such census, approved March 30, 1971 (Ga. Laws 1971, p. 2369), as
amended, is hereby amended by striking from Section 1 thereof the
figure 500,000 and inserting in lieu thereof the figure 550,000 and
by striking the figure $13,000.00 and inserting in lieu thereof the
figure $15,000.00, and by striking from said Section the figure
$12,000.00 and inserting in lieu thereof the figure $14,000.00, so
that Section 1 of said Act as amended hereby shall read as follows:
Section 1. The Chairman of the board of commissioners of
counties of this State having a population of 550,000 or more accord-
ing to the United States census of 1970 or any future census shall be
GEORGIA LAWS 1982 SESSION
5101
compensated in the amount not to exceed $15,000.00 per annum. The
other members of said board shall be compensated in the amount not
to exceed $14,000.00 per annum. The compensation of the chairman
and members of said board shall be fixed within the limitations
provided for herein upon a resolution being duly adopted by the
board fixing such compensation within such limitations, and recorded
on the minutes of said board. Compensation payable hereunder shall
be paid in equal monthly installments on the first day of each month
out of the county treasury. Any such increase in compensation shall
not be effective until after the taking of office of those elected at the
next regular county election which is held immediately following the
date on which the action to increase such compensation was taken.
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 20,1982.
METROPOLITAN ATLANTA RAPID TRANSIT
AUTHORITY ACT OF 1965 AMENDED.
No. 1506 (House Bill No. 55).
AN ACT
To amend an Act known as The Metropolitan Atlanta
Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga.
L. 1965, p. 2243), as amended by an Act approved March 4,1966 (Ga.
L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p.
2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act
approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved
March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21,
1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L.
5102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p.
217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act
approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved
March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31,
1976 (Ga. L. 1976, p. 3407), an Act approved March 23, 1977 (Ga. L.
1977, p. 724), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211),
an Act approved April 8,1977 (Ga. L. 1977, p. 1312), an Act approved
April 16,1979 (Ga. L. 1979, p. 4634), an Act approved March 25,1980
(Ga. L. 1980, p. 3831), an Act approved March 27, 1980 (Ga. L. 1980,
p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is
hereby amended so as to give the Authority the power to enter into
contracts to acquire property from or dispose of property to the
United States of America, the State of Georgia, other states of the
United States, and political subdivisions thereof, without the neces-
sity of public advertising or competitive bidding; to permit the
Authority to negotiate an acquisition, disposition or contract if the
Authority fails to receive at least one bid that conforms to the terms
of its invitation for bids and which is also reasonable in price; to
further define and specify the Authoritys powers to bargain collec-
tively with an authorized representative of its employees; to regulate
any labor arbitration and certain labor agreements between the
Authority and an authorized representative of its employees; to
prohibit strikes and work stoppages by employees of the Authority; to
prohibit certain changes in wages and fringe benefits after the expira-
tion of a labor contract; to provide for jurisdiction in the Superior
Court of Fulton County over the foregoing; to limit wage, salary, and
fringe benefit increases paid to certain officers and employees of the
Authority; to allow a tax credit in certain limited instances against the
retail sales and use tax authorized to be imposed by a local taxing
jurisdiction upon tangible personal property pursuant to Section 25
of said Act; to provide for severability; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended by an Act approved March 4,1966 (Ga. L.
1966, p. 3264), an Act approved March 16,1971 (Ga. L. 1971, p. 2082),
an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act
approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved
March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21,
1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L.
GEORGIA LAWS 1982 SESSION
5103
1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p.
217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act
approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved
March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31,
1976 (Ga. L. 1976, p. 3407), an Act approved March 23,r1977 (Ga. L.
1977, p. 724), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211),
an Act approved April 8,1977 (Ga. L. 1977, p. 1312), an Act approved
April 16, 1979 (Ga. L. 1979, p. 4634), an Act approved March 25,1980
(Ga. L. 1980, p. 3831), an Act approved March 27, 1980 (Ga. L. 1980,
p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is
hereby amended by adding immediately after subsection (q) of
Section 8 a new subsection (r) to read as follows:
(r) The power to enter into and make any contract with the
United States of America or with any department or agency thereof,
with the State of Georgia or any department, division, bureau,
commission, board, authority, agency, county, municipality or other
political subdivision thereof, or with another State of the United
States or any department, division, bureau, commission, board,
authority, agency, county, municipality or other political subdivision
thereof, for the purchase, lease (as lessee) or other acquisition, or for
the sale, lease (as lessor) or other disposition, of any equipment,
supplies, material or other property, both real and personal, without
being required to make public advertising for the receipt of bids or for
the award of a contract and also without being required to invite or
receive competitive bids pursuant to Section 14 of this Act, provided
that any such contract for the sale, lease (as lessor) or other disposi-
tion of property owned by the Authority must provide for the receipt
by the Authority of consideration at least equal in value to the
interest so sold, leased, or otherwise disposed of, all as established by
independent appraisal.
Section 2. Said Act is further amended by adding immediately
after subsection (j) of Section 14 a new subsection (k) to read as
follows:
(k) If the Authority issues an invitation to bid pursuant to this
Section, and if the Authority then fails to receive at least one bid that
conforms to the terms of its invitation for bids and which is also
reasonable in price, then the Authority may negotiate an acquisition,
disposition or contract where the amount involved is $5,000 or more.
No such negotiated acquisition, disposition or contract shall be made
without the express approval of the Board and unless the negotiated
price is reasonable.
5104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking subsection
(b) of Section 20 thereof, which reads as follows:
(b) The Board may provide for the recognition of authorized
representatives of the employees of the Authority and for bargaining
with its employees through such agents in the same manner and to the
same extent as if they were the employees of any privately owned
transportation system.,
and inserting in its place the following:
(b) (1) The Board may provide for the recognition of autho-
rized representatives of the employees of the Authority and for
bargaining with its employees through such agents in the same
manner and to the same extent as if they were the employees of
any privately owned transportation system.
(2) The Authority shall submit labor disputes to binding
grievance arbitration. Any labor dispute between the Authority
and the authorized representative of its employees which involves
the formulation of contract provisions governing matters other
than wages, which dispute cannot be settled by collective bargain-
ing within 60 days after the expiration of a labor agreement
between the Authority and the authorized representative, shall be
submitted to fact finding under paragraph (5) of this subsection
(b) and, if the dispute cannot be settled by collective bargaining by
the earlier of 15 days following the issuance of the fact-finding
report or 120 days after the expiration of the labor agreement, the
dispute shall be submitted to binding interest arbitration. Any
labor dispute involving the formulation of contract provisions
governing wages may, with the consent of both parties, be submit-
ted to binding interest arbitration. As used in this subsection (b),
interest arbitration shall mean arbitration which determines or
formulates the terms and conditions of a labor agreement between
the Authority and the authorized representative, including the
formulation of contract provisions governing wages, hours, and
working conditions. As used in this subsection (b), grievance
arbitration shall mean arbitration of a dispute between the
Authority and the authorized representative acting on behalf of an
employee which involves the application or interpretation of the
terms and conditions of an existing labor agreement. In any
grievance arbitration, the arbitrators must base their decision
upon the express terms and conditions of a labor agreement
GEORGIA LAWS 1982 SESSION
5105
between the Authority and the authorized representative. No
award in arbitration and no labor agreement entered into by the
Authority may dilute, diminish, or impair the inherent manage-
ment rights of the Authority, which shall include, by way of
illustration and not by way of limitation, the following:
(A) The right to direct, appoint, employ, assign,
respecting rights of seniority, and promote officers, agents,
and employees and to determine the standards therefor;
(B) The right to discharge and terminate employees for
just cause;
(C) The right to plan and determine the levels of ser-
vice to be provided by the Authority;
(D) The right, respecting rights of seniority, to assign
work and the right to establish the standards of productivity
of employees;
(E) The right to determine whether goods or services,
other than the operating of buses or rail vehicles, should be
contracted for, leased, purchased, or otherwise acquired on
either a permanent or temporary basis, provided that no
employees of the Authority are laid off as a result of this
subparagraph (E);
(F) The right to hire part-time employees without pay-
ment of fringe benefits afforded to full-time employees,
except that no part-time employee shall work more than 25
hours per week; and
(G) The right, respecting rights of seniority, to estab-
lish the number of regular hours that may be worked by an
employee in any one week, not to exceed 40 regular hours, and
to establish the number of overtime hours that may be
worked by an employee in any one week, not to exceed ten
overtime hours.
(3) Any neutral arbitrator appointed or selected to decide or
determine any interest arbitration between the Authority and the
authorized representative of any of its employees shall be a
resident of either Fulton County or DeKalb County and must
5106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
meet the standards established by the American Arbitration
Association.
(4) In any interest arbitration between the Authority and an
authorized representative, the arbitrators shall consider and give
weight primarily to the following factors in determining their
award:
(A) The financial ability of the Authority to pay wages
and provide benefits, whether or not increased, while adher-
ing to all legal requirements governing the Authoritys
expenditure of public funds and revenues and maintaining
levels of transit service sufficient to serve the metropolitan
area;
(B) The amount, if any, of any fare increase which
would be necessary to afford a wage or salary increase (or
improvement in fringe benefits or extension of vacation,
holiday, or excused time) and the ability of the public to bear
a fare increase, with consideration of the per capita income of
those persons in the service area;
(C) A comparison between the overall wage and salary
levels and fringe benefit levels and vacation, holiday, and
excused time allowances of the Authoritys represented
employees and other workers in the public and private sectors
of the metropolitan area who perform work requiring similar
skills in other major ground transportation services;
(D) A comparison of the hours and working conditions
of the Authoritys represented employees and other workers
in the public and private sectors of the metropolitan area who
perform work requiring similar skills in other major ground
transportation services;
(E) The cost of consumer goods and services within the
metropolitan area;
(F) Any stipulation entered into between the Authority
and the authorized representative.
(5) Prior to any interest arbitration to determine, in whole
or in part, the wages, hours, or working conditions of any employee
GEORGIA LAWS 1982 SESSION
5107
of the Authority, the Authority and the authorized representative
shall select (or failing their agreement within a reasonable period
of time, the Presiding Judge of the Superior Court of Fulton
County shall appoint) a neutral fact-finder to explore the issues
and render a report to the Authority, the authorized representa-
tive concerned, and the public. The report shall recommend
appropriate wages, hours, and working conditions for the Author-
ity employees and shall set forth supporting factual findings,
determined with due and proper consideration of the factors set
forth in paragraph (4) of this subsection (b). No interest arbitra-
tion proceedings may commence until a 15 day period following
the issuance of said report has expired to give the Authority and
said authorized representative an opportunity to continue collec-
tive bargaining in good faith during said 15 day period.
(6) In enacting this subsection (b), the General Assembly
recognizes that arbitration ousts the jurisdiction of the courts and
declares that it is appropriate for the State to regulate any method
of disputes resolution that takes place outside the judicial system.
The Superior Court of Fulton County shall have equitable and
legal jurisdiction to enforce this subsection (b).
(7) No employee of the Authority shall engage in any strike,
sit-down, slow-down, walkout, or other concerted cessation or
curtailment of work, and no authorized representative of employ-
ees of the Authority shall cause, instigate, encourage, promote or
condone any strike, sit-down, slow-down, walkout or other con-
certed cessation or curtailment of work by any employee of the
Authority. The Authority shall not increase, decrease, or other-
wise change the wages (including accrued cost-of-living allow-
ances) or fringe benefits of employees as of the last day of an
expired contract pending the establishment of new wages and
fringe benefits by negotiation or arbitration.
(8) Officers and employees of the Authority, other than the
general manager, who are not covered by a labor agreement
between the Authority and the authorized representatives of its
employees shall receive no greater increase in salaries, wages, and
fringe benefits than the average percentage increase in salaries,
wages, and fringe benefits granted to employees covered by that
labor agreement.
5108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Said Act is further amended by designating the
existing text of paragraph (c) of Section 25 as paragraph (1) and
adding a new paragraph (2) of Section 25 to read as follows:
(2) Credit. A credit shall be allowed against the tax authorized
to be levied pursuant to this Act for the amount of local sales or use
tax imposed pursuant to Code Chapter 91A-46 or Article 2 of Chapter
8 of Title 48 of the Official Code of Georgia Annotated, as now or
hereafter amended, which has been paid with respect to the same
property by the purchaser thereof in a local taxing jurisdiction within
the State; provided, however, that no credit shall be allowed for taxes
paid in another local taxing jurisdiction unless a like credit is granted
against the tax authorized to be imposed pursuant to said Code
Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official
Code of Georgia Annotated for any amount which has been paid as a
tax levied pursuant to this Act. If the amount of sales or use tax so
paid pursuant to said Code Chapter 91A-46 or Article 2 of Chapter 8
of Title 48 of the Official Code of Georgia Annotated is less than the
amount of tax payable pursuant to this Act, the purchaser shall pay
an amount equal to the difference between the amount so paid and
the amount due as authorized to be levied pursuant to this Act.
Provided further, that no credit hereunder will be allowed within the
territory of any local government which levies both the tax authorized
pursuant to this Act and a local sales or use tax pursuant to said Code
Chapter 92A-46 or Article 2 of Chapter 8 of Title 48 of the Official
Code of Georgia Annotated. The State Revenue Commissioner may
require such proof of payment of taxes levied pursuant to said Code
Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official
Code of Georgia Annotated as he deems necessary and proper.
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. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
5109
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1981 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, 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
5110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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).
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 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, 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
GEORGIA LAWS 1982 SESSION
5111
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).
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 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 10th day of December, 1980.
John W. Greer
Representative,
43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer who, on oath, deposes
and says that he/she is Representative from the 43rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the News-Daily which is the official
organ of Clayton County, on the following dates: December 23, 30,
1980 and January 6,1981.
/s/ John W. Greer
Representative,
43rd District
5112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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).
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 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, 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
GEORGIA LAWS 1982 SESSION
5113
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).
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 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, 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
5114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 20, 1982.
CATOOSA COUNTY FISCAL ADMINISTRATION
OF SHERIFFS OFFICE.
No. 1518 (House Bill No. 1683).
AN ACT
To amend an Act providing for the fiscal administration of the
office of Sheriff of Catoosa County, approved March 23,1977 (Ga. L.
1977, p. 3370), as amended by an Act approved March 24,1978 (Ga. L.
1978, p. 4212), an Act approved March 26,1980 (Ga. L. 1980, p. 4163),
and an Act approved April 22, 1981 (Ga. L. 1981, p. 4918), so as to
change 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. L.
1977, p. 3370), as amended by an Act approved March 24,1978 (Ga. L.
1978, p. 4212), an Act approved March 26,1980 (Ga. L. 1980, p. 4163),
and an Act approved April 22,1981 (Ga. L. 1981, p. 4918), is amended
by striking Section 4 in its entirety and substituting in lieu thereof a
new Section 4 to read as follows:
GEORGIA LAWS 1982 SESSION
5115
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
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.
5116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Investigations.
(7) Salaries for jailers, cooks and secretarial help.
(8) All proposed expenditures for operating the county jail
and caring for the prisoners, unless already itemized under para-
graphs (1) through (7) of this subsection (a).
(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
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,
unless amended as a result of an emergency as provided in subsection
(f) of this Section.
(d) The total expenditures for the operation of the sheriffs
office, excluding the cost of operating the county jail and caring for
the prisoners therein, shall not exceed $412,000.00 per annum. No
funds budgeted for expenditures which are excluded from that
$412,000.00 shall be expended for any other purpose than as bud-
geted. 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
GEORGIA LAWS 1982 SESSION
5117
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) During a bona fide emergency respecting the ability of the
sheriff to carry out properly his lawful responsibilities and duties, the
budget of the sheriff may be amended by the county governing
authority, and the amount specified in subsection (d) of this Section
may be increased. Any such amendment to the budget shall be
accompanied by the sheriffs written sworn statement as to the
existence of an emergency.
(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 reflect fully and accurately
all expenditures of the sheriffs office.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice of the intention to introduce to local legislation. Notice is
hereby given that there will be introduced at the regular 1982 session
of the General Assembly of Georgia a bill relative to the office of the
sheriff and the Sheriffs Department of Catoosa County, Georgia, for
the purpose of setting a budget and for other purposes.
5118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Robert G. Peters
Representative for
Georgia House
District Two.
Proof of Publication.
State of Georgia.
Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which 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: December 24,1981, December 31,1981 and January 7,1982.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 16th day of February, 1982.
/s/ Juanita Caldwell
Notary Public, Georgia, State at Large.
My Commission Expires Apr. 22, 1985.
(Seal).
Approved April 21, 1982.
GEORGIA LAWS 1982 SESSION
5119
ACTIONS OF COUNTY
GOVERNING AUTHORITIES
PURSUANT TO
CONSTITUTIONAL AMENDMENT
PROVIDING
HOME RULE FOR COUNTIES
5120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHARLTON COUNTYCOMMISSION MEETINGS.
A Resolution amending an Act creating the Board of Commis-
sioners of Roads and Revenues for the County of Charlton, ap-
proved August 4, 1927 (Georgia Laws 1927, Page 529), as
amended, particularly by an Act approved March 13, 1970
(Georgia Laws 1970, Page 2757), so as to change the days on
which the meetings of the Board are held; to repeal conflicting
laws.
Be it Resolved by the Board of Commissions of Roads and
Revenues for the County of Charlton:
Section 1. An Act creating a Board of Commissioners of
Roads and Revenues for the County of Charlton, approved Au-
gust 4, 1927 (Georgia Laws 1927, page 529) as amended, particu-
larly by an Act approved March 13, 1970 (Georgia Laws 1970,
page 2757), is hereby amended by striking from Section 7 the
word Wednesday wherever it appears in said section, and in-
serting in lieu thereof the word Thursday; and by striking
from Section 7 the words Ten OClock A.M. wherever they ap-
pear in said section, and inserting in lieu thereof the words
Two OClock P.M.; so that when so amended, Section 7 shall
read as follows:
Section 7. Be it further enacted by the authority aforesaid,
that said Board of Commissioners shall hold a regular meet-
ing in each month on the first Thursday thereof, the first
meeting to be held on the First Thursday in January, 1928 at
2:00 OClock P.M. when the present Commissioners of Roads
and Revenues for said County shall turn over to them their
office, all records, books, and official papers therein, together
with all County property, with a full inventory of the same,
and a full and complete statement showing the financial con-
dition of the County. At this meeting, or as soon thereafter
as practicable, the Board of Commissioners shall organize by
electing one of the members as Chairman, one as Vice-Chair-
man, and every one year thereafter on the first Thursday in
January a Chairman and a Vice-Chairman shall be elected,
but any Chairman or Vice-Chairman shall hold his office un-
til his successor is elected, and nothing therein shall prevent
GEORGIA LAWS 1982 SESSION
5121
the re-election of any Chairman or Vice-Chairman. The Vice-
Chairman shall, in the absence or disqualification of the
Chairman or during the vacancy in office of Chairman, per-
form and discharge all of the duties of the Chairman, and in
the event of a vacancy in the office of Chairman or Vice-
Chairman the same shall be filled by the Board at its next
regular meeting after such vacancy becomes known. The
Chairman shall be the chief executive of the Board. He shall
see that all orders, resolutions, and rules of said Board are
faithfully filed and impartially executed and enforced, and
that all the officers, employees, and agents of said Board
faithfully and impartially discharge the duties required of
them. He shall have the general supervision of the affairs of
the County, acting under orders of the Board, and shall pre-
side at all meetings of the Board. He shall have the power to
convene the Board in extra session upon his own motion or
upon the written request of the other four members of the
Board, and shall do so whenever the other four members
make such request in writing.
Section 2. All laws and parts of laws in conflict with this Act
are hereby repealed.
(This Resolution is adopted as an incident of the Countys
home rule power and in exercise of its legislative power to adopt
resolutions regulating its local government within the meaning
of Georgia Code, Section: 2-5901: Article 9, Section 2, Paragraph
1 of the Constitution of Georgia of 1976)
NOTICE
The Board of Commissioners of Roads and Revenues for the
County of Charlton, State of Georgia, has adopted a resolution
amending the act which created such Board (Georgia Laws 1927,
Page 529) as amended, particularly by an Act approved March
13, 1970 (Georgia Laws 1970, Page 2757), which changes the reg-
ular meeting of such Board from the first Wednesday of each
month at 10:00 A.M., to the first Thursday of each month at
2:00 P.M.
A copy of the resolution proposing the amendment is on file in
the Office of the Clerk of the Charlton County Superior Court
5122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the purpose of examination and inspection by the public.
The Clerk of the Superior Court shall furnish anyone, upon
written request, a copy of the resolution proposing the
amendment.
This the 6th day of February, 1981.
/s/ John B. Adams
County Attorney
State of Georgia
County of Charlton
Affidavit
Comes now Doyle Lewis, President of Charlton Publishers,
Inc., a Georgia corporation for profit, which publishes the Charl-
ton County Herald, which is the official organ for Charlton
County, Georgia; the said Doyle Lewis also being the Editor of
said newspaper; who, after being sworn, before an officer duly
authorized to administer oaths, states:
That the within and foregoing Notice was published during
the regular weekly editions of said newspaper on February 11, 18
and 25, 1981.
This the 4th day of March, 1981.
/s/ Doyle Lewis
/s/ Jane Bruschke
Notary Public, Georgia State at Large
My Commission Expires Oct. 21, 1984
State of Georgia
County of Charlton
I, the undersigned Mrs. Glynn Brooks, Clerk of Charlton
County Board of Commissioners, Folkston, Georgia, do hereby
certify that the foregoing copy is a true and correct copy of origi-
nal Resolution as adopted by the Charlton County Board of
Commissioners in regular session, Wednesday, March 4, 1981.
GEORGIA LAWS 1982 SESSION
5123
Done this 26th day of March, 1981.
Charlton County Board of
Commissioners
/s/ Mrs. Glynn Brooks
Filed in the Office of the Secretary of State
March 25, 1981.
DEKALB COUNTYMERIT SYSTEM.
AN ORDINANCE
An Ordinance by the Board of Commissioners of DeKalb
County under the Home Rule provisions for counties of the Con-
stitution of the State of Georgia, to amend an act, as amended,
pertaining to the DeKalb County Merit System establishing a
Merit System in DeKalb County for employees of DeKalb
County, creating a Merit System Council, prescribing their du-
ties, responsibilities, terms of office, method of appointment and
related matters, by an act of the General Assembly of 1956, Ga.
L. 1956, P. 3111, et seq, as amended, so as to amend said 1956
Act to revise section 2 to increase the membership of the Merit
System Council, and for other purposes.
Be it ordained by the Board of Commissioners of DeKalb
County, Georgia, and it is hereby ordained by the authority of
same, pursuant to the Home Rule provisions for counties of the
constitution of the State of Georgia, that the Act, as amended,
pertaining to the DeKalb County Merit System establishing a
Merit System in DeKalb County for the employees of DeKalb
County, creating a Merit System Council, prescribing their du-
ties, responsibilities, terms of office, method of appointment and
related matters, Ga. L. 1956, p. 3111, et seq, as amended, be and
the same is hereby further amended as follows:
5124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1.
By deleting Section 2(a), as amended, in its entirety and sub-
stituting in lieu thereof the following:
I. The governing authority of DeKalb County, Georgia, is
hereby authorized to establish a Merit System Council com-
posed of five (5) citizens who are freeholders of DeKalb County
and who possess interest in the improvement of public adminis-
tration by impartial selection of qualified and efficient
personnel.
II. All laws or parts of laws in conflict with this ordinance
are hereby repealed.
III. Should any part, portion or paragraph of this ordinance
be declared unconstitutional or void by a court of competent ju-
risdiction, such declaration shall not affect the remaining por-
tions of this ordinance not so declared to be invalid, but the
same shall remain of full force and effect as if separately
adopted.
IV. This ordinance shall be presented to the Board of Com-
missioners of DeKalb County for adoption at two regular consec-
utive meetings of the County Commissioners, held not less than
seven (7) nor more than sixty (60) days apart after notice con-
taining a synopsis of the proposed amendment shall have been
published in the official organ of DeKalb County once a week for
three (3) weeks within a period of sixty (60) days immediately
preceding its final adoption, such notice stating that a copy of
the proposed amendment is on file in the office of the Clerk of
Superior Court of DeKalb County for the purpose of examina-
tion and inspection by the public.
V. This ordinance shall be first presented to the Board of
Commissioners of DeKalb County on the 12th day of May, 1981,
and again on the 26th day of May, 1981, at the regular time and
place of the meeting of the Board of Commissioners of DeKalb
County.
VI. A copy of this ordinance shall be filed with the Clerk of
DeKalb Superior Court for the purpose of examination and in-
GEORGIA LAWS 1982 SESSION
5125
spection by the public, along with sufficient copies of the same
for distribution to those members of the public who desire the
same.
VII. The provisions of this ordinance shall become effective
upon its adoption.
Adopted by the DeKalb County Board of Commissioners, this
26th day of May, 1981.
/s/ Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
Attest:
Patrick C. Glisson, Clerk
Board of Commissioners
Approved as to form:
George P. Dillard
DeKalb County Attorney
I, the undersigned, Gene H. Doi, Deputy Clerk of the Board of
Commissioners, DeKalb County, Georgia, do hereby certify that
the foregoing is a true and correct Copy of an ordinance adopted
by said Board in meeting lawfully assembled on 26 day of May,
1981. And same appears in Minutes of said Board this 3 day of
June, 1981. Gene H. Doi, Deputy Clerk, Board of Commission-
ers, DeKalb County, Ga.
State of Georgia
County of DeKalb
I, Patrick C. Glisson, the duly authorized Clerk of the Board
of Commissioners of DeKalb County, do hereby certify that the
attached instrument is a true and correct copy of the ordinance
adopted by them at two regular consecutive meetings held on
May 12, 1981 and on May 26, 1981.
5126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 28th day of May, 1981.
/s/ Patrick C. Glisson, Clerk
Board of Commissioners
DeKalb County, Georgia
PUBLIC NOTICE
The public is hereby notified that the Chairman of the Board
of Commissioners of DeKalb County, Georgia will present to the
full Board at its regular meetings on May 12, 1981 and May 26,
1981, an ordinance to amend the Act creating the DeKalb
County Merit System Council known as Ga. L. 1956, p. 3111, et
seq., as amended, to increase the membership of said Council
from three (3) to five (5) persons.
The public is hereby further notified that in order to so
amend said Act, it is necessary for the Board of Commissioners
to adopt an ordinance at two consecutive meetings held not less
than seven (7) nor more than sixty (60) days apart which ordi-
nance specifically states the changes to be made in the original
Act, the authority to amend the original Act having been
granted under the Home Rule provisions for counties of the
Constitution of the State of Georgia.
The public is hereby further notified that a copy of said pro-
posed ordinance has been filed with the Clerk of DeKalb Supe-
rior Court, DeKalb County Courthouse, Decatur, Georgia for
public examination and inspection, and that copies are available
from him for interested members of the public.
This 20th day of April, 1981.
Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a Notary Public
GEORGIA LAWS 1982 SESSION
5127
within and for said County and State, Gerald W. Crane, pub-
lisher of the Decatur-DeKalb News, a newspaper published at
the Decatur, County of DeKalb, State of Georgia, who, being
duly sworn, states on oath that the Public Notice, a true copy of
v.hich is attached hereto, was published in said newspaper in its
issue of the 23rd and 30th day of April, 1981 and the 7th day of
May, 1981.
/s/ Gerald W. Crane
Publisher Decatur-DeKalb
News
Sworn to and Subscribed before
me this 7th day of May,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
Filed in the Office of the Secretary of State June 9, 1981.
DEKALB COUNTYBOARD OF COMMISSIONERS.
AN ORDINANCE
By the Board of Commissioners of DeKalb County, Georgia,
under the Home Rule Provisions for Counties of the Constitu-
tion of the State of Georgia, to amend an Act, as amended, cre-
ating the Chairman and Board of Commissioners for the County
of DeKalb, prescribing their duties, responsibilities, terms of of-
fice, method of appointment and related matters, by an Act of
the General Assembly of 1956, Page 3237, as amended, so as to
amend said 1956 Act to revise Section 10 pertaining to the time
of public meetings, and for other purposes.
5128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it ordained by the Board of Commissioners of DeKalb
County, Georgia, and it is hereby ordained by the authority of
same, pursuant to the Home Rule Provisions for Counties of the
Constitution of the State of Georgia, that the Act, as amended,
pertaining to the creation of the Chairman and Board of Com-
missioners for the County of DeKalb, prescribing their duties,
responsibilities, terms of office, method of appointment and re-
lated matters, Georgia Laws 1956, Page 3237 et seq., as
amended, be and the same is hereby further amended as follows:
I
By deleting the first sentence of Section 10 and inserting in
lieu thereof the following:
The Board of Commissioners shall hold regular meetings on
the second and fourth Tuesdays of each month at 9:00
oclock A.M. at the county seat for all matters requiring ac-
tion of an administrative or policy nature, and at 10:00
oclock A.M. for all matters advertised or scheduled for hear-
ing in which the public will be asked to speak for or against
the item under consideration, which meetings shall be open
to the public, and may hold such additional meetings as shall
be necessary when called by the Chairman or any four (4)
members of the Commission, provided all members have
been notified at least three (3) days in advance of such spe-
cial meeting. Meeting hours for the public hearing may be
changed by action of the Board of Commissioners and may
be held at such hours as stated in the public notice of the
date and time of such meeting.
So that Section 10, when so amended, shall read as follows:
Section 10 Meetings. The Board of Commissioners shall hold
regular meetings on the second and fourth Tuesdays of each
month at 9:00 oclock A.M. at the county seat for all matters
requiring action of an administrative or policy nature, and at
10:00 oclock A.M. for all matters advertised or scheduled for
hearing in which the public will be asked to speak for or
against the item under consideration, which meetings shall
be open to the public, and may hold such additional meet-
ings as shall be necessary when called by the Chairman or
GEORGIA LAWS 1982 SESSION
5129
any four (4) members of the Commission, provided all mem-
bers have been notified at least three (3) days in advance of
such special meeting. Meeting hours for the public hearing
may be changed by action of the Board of Commissioners
and may be held at such hours as stated in the public notice
of the date and time of such meeting. No official action shall
be taken by the Commission except in a meeting which is
open to the public. The Chairman and any three (3) mem-
bers of the Commission, or any four (4) members of the
Commission exclusive of the Chairman, shall constitute a
quorum, except that a lesser number shall be sufficient to re-
cess or adjourn any meeting; but no official action shall be
taken except upon the affirmative vote of at least four (4)
members of the Commission, or three (3) members and the
Chairman. The Chairman shall be entitled to the same vot-
ing rights as other Commission members on the questions
considered by the Commission.
If
All laws or parts of laws in conflict with this ordinance are
hereby repealed.
Ill
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 a full force and effect as if separately adopted.
tv
This ordinance shall be presented to the Board of Commis-
sioners of DeKalb for adoption at two regular, consecutive meet-
ings of the County Commissioners, held not less than seven (7)
nor more than sixty (60) days apart after notice containing a
synopsis of the proposed amendment or repeal shall have been
published in the official organ of DeKalb County once a week for
three (3) weeks within a period of sixty (60) days immediately
preceding its final adoption, such notice stating that a copy of
the proposed amendment or repeal is on file in the office of the
5130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clerk of Superior Court of DeKalb County for the purpose of
examination and inspection by the public.
V
This ordinance shall be first presented to the Board of Com-
missioners of DeKalb County on the 14th day of July 1981, and
again on the 28th day of July, 1981, at the regular time and
place of the meeting of the Board of Commissioners of DeKalb
County.
VI
A synopsis of this ordinance shall be published in the official
organ of DeKalb County once a week for three (3) weeks,
namely on the 2nd day of July, 1981, the 9th day of July, 1981,
and the 16th day of July, 1981, and a copy of this ordinance
shall be filed with the Clerk of DeKalb Superior Court for the
purpose of examination and inspection by the public, along with
sufficient copies of the same for distribution to those members
of the public who desire the same.
VII
The provisions of this ordinance shall become effective upon
its adoption.
Adopted by the DeKalb County Board of Commissioners this
28th day of July, 1981.
Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb, County, Georgia
GEORGIA LAWS 1982 SESSION
5131
Attest:
/s/ Patrick C. Glisson, Clerk
Board of Commissioners
DeKalb County, Georgia
Approved as to form:
Gail C. Flahe
Deputy
County Attorney
I, the undersigned, Gene H. Doi, Deputy Clerk of the Board of
Commissioners, DeKalb County, Georgia, do hereby certify that
the foregoing is a true and correct Copy of an ordinance adopted
by said Board in meeting lawfully assembled on 28 day of July,
1981. And same appears in Minutes of said Board this 10 day of
August, 1981. Gene H. Doi, Deputy Clerk, Board of Commission-
ers, DeKalb County, Ga.
State of Georgia
County of DeKalb
I, Patrick C. Glisson, the duly authorized Clerk of the Board
of Commissioners of DeKalb County, Georgia, do hereby certify
that the attached instrument is a true and correct copy of the
ordinance adopted by that Board at two (2) regular consecutive
meetings held on July 14, 1981, and on July 28, 1981.
This 31 day of July, 1981.
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners,
DeKalb County, Georgia
PUBLIC SYNOPSIS
The public is hereby notified that the Chairman of the Board
of Commissioners of DeKalb County, Georgia, will present to
the full Board at its regular meetings on July 14, 1981 and on
July 28, 1981, an ordinance to amend the Act creating the Chair-
5132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
man and Board of Commissioners for the County of DeKalb,
know as Georgia Laws 1956, page 3237, et seq, to revise that sec-
tion pertaining to the time of public meetings.
The public is hereby further notified that in order to so
amend the said Act, it is necessary for the Board of Commis-
sioners to adopt an ordinance at two (2) consecutive meetings
held not less than seven (7) nor more than sixty (60) days apart,
which ordinance specifically states the changes to be made in
the original Act, the authority to amend the original Act having
been granted under the Home Rule Provisions for Counties of
the Constitution of the State of Georgia.
The public is hereby further notified that a copy of said pro-
posed ordinance has been filed with the Clerk of DeKalb Supe-
rior Court, DeKalb County Courthouse, Decatur, Georgia, for
public examination and inspection, and that copies are available
from him for interested members of the public.
This 23rd day of June, 1981.
Manual J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said County and State, Gerald W. Crane, pub-
lisher of the Decatur-DeKalb News, a newspaper published in
Decatur, County of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the Public Synopsis, a true copy of
which is attached hereto, was published in said newspaper in its
issues of the 2nd, 9th, and 16th day of July, 1981.
Gerald W. Crane, Publisher
Decatur-DeKalb News
GEORGIA LAWS 1982 SESSION
5133
Sworn to and Subscribed before
me this 16th day of July,
1981.
Samme Johnson
(Affix Seal and Date of
Expiration)
Notary Public, Georgia, State at Large
My Commissioner Expires Jan. 4, 1982
Filed in the Office of the Secretary of State, August 26, 1981.
FLOYD COUNTY-BOARD OF COMMISSIONERS
MERIT SYSTEM ACT AMENDED
An Ordinance of the Board of Commissioners of Floyd
County, Georgia to amend an Act entitled Floyd County Merit
System Act approved April 9, 1969 (Ga. Laws 1969, pp. 2505-
2513); as amended by Home Rule, (Ga. Laws 1980, pp. 4583-
4590), 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 com-
posed of five members; to provide for rights, duties, and powers
of the Board; to provide qualifications for members of the
Board; to designate membership positions; to provide for ap-
pointment, election, and selection of Board members and the
procedures connected therewith; to provide for terms and vacan-
cies; to provide for removal of members and procedures con-
nected therewith; 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 ordained by the Board of Commissioners of Floyd
County, Georgia, and it is hereby ordained by the authority of
5134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the same as follows:
Section 1. An Act known as the Floyd County Merit System
Act, approved April 9, 1969 (Ga. Laws 1969, p. 2505), as
amended by Home Rule (Ga. Laws 1980, pp. 4583-4590) 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 en-
tirety Section 3 thereof and inserting in lieu thereof a new Sec-
tion 3 to read as follows:
Section 3. (a) The members of the Floyd County Merit Sys-
tem Board serving immediately prior to the effective date of this
Section shall continue to serve their terms of office until all ini-
tial 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 sub-
section (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 per-
son shall be a member of that Board if such person was an elec-
tive county officer in Floyd County at any time during the 12
month period immediately preceding 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 per-
son shall be a member of that Board if such person was an em-
ployee subject to the provisions of this Act at any time during
the 12 month period immediately preceding that persons be-
coming a Board member or if such person becomes an employee
GEORGIA LAWS 1982 SESSION
5135
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 per-
son as a member of the Board for Position 2. The person
initially appointed for Position 1 shall serve for a term of of-
fice ending December 31, 1981. The person initially ap-
pointed 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 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 members 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) and (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
5136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 succes-
sor shall be selected in the same manner in which the incum-
bent was selected and shall take office on the first day of
January immediately following such selection. Vacancies
shall be filled for the unexpired 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.
(f) The five members of the said Merit System Board shall
designate one of their number as chairman and other 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.
GEORGIA LAWS 1982 SESSION
5137
Section 3. 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 4. This Act shall become effective June 1, 1981, and
after compliance with the provisions of the Constitution of the
State of Georgia providing for Home Rule for Counties.
Section 5. All Ordinances or parts thereof in conflict here-
with are hereby repealed.
This 12th day of May, 1981.
Floyd County Board of
Commissioners
By: Anne Rigas
Chairman
Attest:
Sue Broome
State of Georgia
County of Floyd
I, Sue Broome, Deputy Clerk of the Board of Commissioners
of Floyd County, Georgia, certify that the above and foregoing
Resolution is a true and correct copy of the Resolution adopted
by the Board of Commissioners of Floyd County, Georgia, in a
regular session May 12, 1981.
Sue Broome, Deputy Clerk of
the Board of Commissioners of
Floyd County, Georgia
Sworn to and subscribed before me
this 18th day of May 1981.
Shelley Parris
Notary Public
5138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
County of Floyd
In person before the undersigned attesting officer appeared
the undersigned who, on oath, says that they are authorized rep-
resentatives of the Rome News Tribune and authorized to make
this Affidavit and that the advertisement as per attached clip-
ping has been published in the Rome News Tribune on the fol-
lowing dates: April 23, April 30 & May 7.
Leona M. Davenport
Sworn to and subscribed before me
this 13th day of May, 1981.
Cheryl Henderson
Notary Public, Georgia State at Large
My Commission Expires Dec. 3, 1982
Georgia, Floyd County: Notice to the Public
Notice of proposed action to be taken under the provisions of
the Home Rule Amendment to the Constitution of the State of
Georgia.
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 Ordinance.
SYNOPSIS OF PROPOSED AMENDMENT
Said Ordinance shall provide an Amendment to the Act entitled
Floyd County Merit System Act approved April 9, 1969 (Ga.
Laws 1969, pp. 2505-2513); as amended by Home Rule, (Ga.
Laws 1980, pp. 4583-4590), as amended so as to provide an addi-
tional exemption from coverage under the Merit System; to
GEORGIA LAWS 1982 SESSION
5139
ate a new Board composed of five members; to provide for
rights, duties, and powers of the Board; to provide qualifications
for members of the Board; to designate membership positions; to
provide for appointment, election, and selection of Board mem-
bers and the procedures connected therewith; to provide for
terms and vacancies; to provide for removal of members and
procedures connected therewith; 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.
The Board of Commissioners of Floyd County, Georgia
By: Sue Broome, Deputy Clerk
Filed in the Office of Secretary of State May 26, 1981.
GWINNETT COUNTYBIDS.
RESOLUTION
Whereas, by local Act the General Assembly of the State of
Georgia, by Georgia Laws 1968 Session, Volume 2, Page 2003,
created in and for the County of Gwinnett, a Chairman and
Board of Commissioners, and in Part I, Section 20 of said Act,
provided for a Department of Finance with certain enumerated
duties and functions.
Whereas, the local act creating the Board of Commissioners
for Gwinnett County, Georgia Laws 1968 Session, Volume 2,
Page 2003, was approved by the voters of Gwinnett County at a
referendum held in 1968 and more than twelve months have
since elapsed.
5140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Wherefore, pursuant to the authority vested in the Board of
Commissioners as authorized by the Constitution of the State of
Georgia, Article IX, Section II, Paragraph I (Ga. Code Section 2-
5901(b)(1), the Board of Commissioners of Gwinnett County,
Georgia, does hereby amend the local act creating a Board of
Commissioners of Gwinnett County, Georgia Laws 1968 Session,
Volume 2, Page 2003, Part 1, Section 20(i), by deleting the
words five hundred ($500.00) dollars and substituting there-
fore the words two thousand five hundred ($2,500.00) dollars,
in the second sentence of said section.
The second sentence of the amended Section 20(i), after said
amendment, shall read as follows:
Formal, sealed bids, after advertising for same, must be ob-
tained on all purchases exceeding two thousand five hundred
($2,500.00) Dollars.
C. Scott
Chairman, Board of Commissioners
Gwinnett County
Dinah Joyner
Attest:
Public Notice
The Board of Commissioners of Gwinnett County, pursuant to
the authority vested in said Board by the Constitution of the
State of Georgia Article IX, Section II, Paragraph I (Ga. Code
Ann. Section 2-5901(b)(l)), will at the regular meetings of the
Board of Commissioners to be held on September 22 and Sep-
tember 29, 1981, adopt a resolution amending the local act creat-
ing a Board of Commissioners of Gwinnett County, Georgia
Laws 1968 Session, Volume 2, page 2003, Part 1, Section 20(i) by
deleting from said section the words five hundred ($500.00)
dollars and substituting therefor the words two thousand five
hundred ($2,500.00) dollars.
A copy of the proposed amendment to Georgia Laws 1968 Ses-
sion, Volume 2, page 2003, Part 1, Section 20(i), is on file in the
office of the Clerk of the Superior Court of Gwinnett County at
GEORGIA LAWS 1982 SESSION
5141
the Gwinnett County Courthouse, Lawrenceville, Georgia, for
examination and inspection by the public and the Clerk of the
Superior Court shall furnish anyone, upon written request, a
copy of the proposed amendment.
At the regular meeting of the Board of Commissioners of
Gwinnett County to be held at 2 p.m. on the 29th day of Sep-
tember, 1981, at the County Administration Building, Lawrence-
ville, Georgia, the proposed amendment to said act shall receive
final adoption by said Board.
Georgia
Gwinnett County
Personally appeared before the undersigned attesting officer,
duly authorized by law to administer oaths in the State of Geor-
gia, Robert D. Fowler, who, after being duly sworn, deposes and
says on oath that he is the publisher of the Gwinnett Daily
News, the official county organ, and that the attached public no-
tice appeared in the Gwinnett Daily News on September 11, 18
and 25, 1981.
Robert Fowler
Sworn to and subscribed before me,
this 13 day of October, 1981.
Jamie L. Bullock
Notary Public, State of Georgia
CLERKS CERTIFICATION
I, David W. Joyner, do hereby certify that I am Clerk for the
Board of Commissioners, Gwinnett County, Georgia, and am
charged with the duty of keeping records and minutes of the
Commissioners. I hereby certify that the within and foregoing
page/pages of MINUTES constitutes a true and correct copy of
actions passed by said Commissioners on the 29 day of Septem-
ber, 1981, as same appears on the minutes of said Commission-
ers in their office.
5142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 13 day of October, 1981.
David W. Joyner
Clerk
Board of Commissioners
Gwinnett County, Georgia
Seal
Excerpts of Minutes: Minute Book X, page 1384
AUTHORIZATION FOR CHAIRMAN TO SIGN BID
RESOLUTION TO AMEND THE MINIMUM BID
REQUIREMENTS
Chairman Ashworth read the Bid Resolution. Jere Johnson
made motion to adopt the Resolution. Motion was seconded by
Maron Buice. Same was unanimously approved. Jim Henderson
advised to forward copy of Bid Resolution to Secretary of
States Office.
Filed in the Office of the Secretary of State October 19, 1981.
JEFF DAVIS COUNTYSALE, ETC. OF MALT
BEVERAGES.
A Resolution and Ordinance to Regulate and Provide for the
Licensing, Sale and Regulation of Malt Beverages and Wines in
Jeff Davis County: and for Other Purposes
SECTION
I Definitions
II Qualifications of Applicants and Licensees
III Granting of Licenses (Both wholesale and retail)
GEORGIA LAWS 1982 SESSION
5143
IV Annual License: Fees; Term: Transferability
V Regulations Relating to Operation and Sales
VI Wholesale Dealers
VII Location of Establishments
VIII Excise Tax
IX Revocation, Suspension, and Automatic Forfeiture
X Grandfather Clause
XI Copy Furnished
XII Severability of Provisions
XIII Effective Date
XIV Repeal of Conflicting Resolutions and Ordinances
APPENDIX
A. Form of Application for License
B. Short Form of Application for Renewal of License
C. Form of Newspaper Notice
D. Form of Consent of Residents
Be it resolved and ordained, and it hereby is resolved and or-
dained by the Board of Commissioners of Jeff Davis County,
Georgia, in lawful meeting assembled on the day of ,
1981, that the following regulations and provisions shall govern
the licensing, sale and regulation of malt beverages and wine in
Jeff Davis County, to-wit:
SECTION I: DEFINITIONS
1. Person means a natural person, proprietorship, partner-
5144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ship, either general or limited, firm, association or corporation.
2. His, her, he, she, it, they, them, and their
shall, as the context may require, include any other gender and
the singular or the plural, for a proper reading.
3. Establishment shall mean any physical location for the
storage or sale either at retail or wholesale of malt beverages and
wines in Jeff Davis County.
4. Malt beverages shall include beer and shall mean those
beverages defined by Section 58-704, Georgia Code Annotated,
as amended.
5. Wines shall include those beverages defined by Section
58-901, Georgia Code Annotated, as amended.
6. Licensee means any person engaged in distribution or
selling, at retail or wholesale, any malt beverage or wine in Jeff
Davis County.
7. Licensor shall mean the Board of Commissioners of Jeff
Davis County, or other authority having control of the fiscal af-
fairs of the county.
8. License shall mean the permit granted to Licensee for the
operation of an establishment for the sale and/or distribution of
malt beverages or wine in Jeff Davis County.
9. Applicant shall mean any person or entity applying for a
license as contemplated and authorized by this resolution.
SECTION II: QUALIFICATIONS OF APPLICANTS AND
LICENSEES:
1. Applicant and Licensee must be a person of good moral
character, a citizen of the United States, and a resident of the
County of Jeff Davis for a period of one year next preceding the
filing of his application.
(a) The Licensee shall not have been convicted of, entered a
plea of guilty or nolo contendere to any felony, or been con-
GEORGIA LAWS 1982 SESSION
5145
victed of, entered a plea of guilty or nolo contendere to,
within the preceding five (5) years, a misdemeanor involving
moral turpitude, the offense of gambling, the sale of alcoholic
beverages, or violation of the Georgia Controlled Substance
Act.
(b) The Licensee shall be personally responsible for the man-
agement and operation of the business and establishment for
which the license is granted.
(c) If the application covers a partnership, all members of
the partnership must be qualified to obtain a license; and if
the applicant is a corporation, all officers and all stockholders
owning ten percent or greater interest in such corporation
must be qualified to obtain a license.
SECTION III: GRANTING OF LICENSES (Both Wholesale
and Retail):
1. No person shall operate an establishment involving the
sale of malt beverages or wine in Jeff Davis County without hav-
ing first complied with the provisions of this Resolution.
2. No license shall be granted to any person for the operation
of an establishment involving the sale of malt beverages or wine
in any area prohibited by law or by valid zoning ordinance.
3. No license shall be granted to any person, persons, or of-
ficers or directors of any corporation, for the operation of an es-
tablishment involving the sale of malt beverages or wine who
does not meet the qualifications set forth in Section II above.
4. Any person desiring to obtain a license for the operation
of an establishment involving the sale of malt beverages or wine
in Jeff Davis County shall submit an application in the form to
be prescribed by the Licensor and which shall contain the fol-
lowing information, or additional information as the Licensor
may from time to time require, to wit:
(a) Type of License for which Applicant is applying.
(b) Full name of the Applicant, including any aliases or trade
5146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
names, and, in the case of a partnership, firm, association or
corporation, the name of the individual or agent who shall be
held responsible for compliance with the provisions of this
Resolution. In the event the applicant is a partnership or
firm, the names and addresses of all members of the partner-
ship or firm shall be furnished; and in the event the Appli-
cant is an association or corporation, the names and ad-
dresses of its principal officers, directors and all stockholders
owning a ten percent or greater interest shall be furnished.
(c) The complete mailing and location address of the Appli-
cant and the address of the establishment for the sale of malt
beverages and wine.
(d) The names and addresses of all employees of the estab-
lishment at the time of making the application.
(e) The name and address of the nearest church and the esti-
mated distance from the establishment.
(f) The name and address of the nearest school and the esti-
mated distance from the establishment.
(g) The name and address of the nearest public park or play-
ground and the estimated distance from the establishment.
(h) Whether or not the applicant or any person listed under
sub-paragraph (b) above has previously been refused a li-
cense. If the answer is in the affirmative, state the month and
year of such refusal, the jurisdiction revoking the license and
the circumstances surrounding such refusal.
(i) Has Applicant or any person named in sub-paragraph (b)
above, having previously obtained a license, had the same re-
voked? If the answer is in the affirmative, state the month
and year of such revocation, the jurisdiction revoking the li-
cense and the circumstances surrounding such revocation.
(j) Has Applicant or any person identified in sub-paragraph
(b) above been convicted within the last five years of a mis-
demeanor involving moral turpitude, the offense of gambling,
or an offense involving violation of the Georgia Controlled
GEORGIA LAWS 1982 SESSION
5147
Substance Act?
(k) A consent statement by the applicant that all necessary
investigation reports on applicant and any employees in the
applicants establishment including, but not limited to, credit
reports and reports from law enforcement agencies, may be
obtained; that any information in such reports may be fur-
nished to the Licensor; and that applicant will be responsible
for the cost thereof. If so requested, applicant shall also ob-
tain such consent forms from each employee who will be em-
ployed in applicants establishment. Licensor may, at its op-
tion, require fingerprinting and/or photographs of applicant
and applicants employees for the purpose of conducting its
investigation.
The truth of the information contained in said application
shall be sworn to by the applicant before a person authorized
to administer oaths.
5. A Licensee shall not have any vested rights in a license
and a license shall not be renewable as a matter of right, but
must be applied for and approved annually. However, a licensee
may apply for a renewal of his license each year prior to the
expiration of his then current license either on the same applica-
tion form as used for a new license, or on an alternate form to be
prescribed by Licensor. Applications for a renewal license must
be submitted to Licensor no later than December 1st of each
year. Any Licensee who does not submit his application for re-
newal of his license by such time without just cause will be re-
quired to apply and qualify in all respects as a new applicant. A
Licensee may not sell or distribute any malt beverages or wine
in a new calendar year until his new license is approved.
6. In determining the question of the granting of or refusal to
grant the license provided for hereunder, Licensor shall con-
sider, among other things the following: The location of the es-
tablishment; traffic conditions; the uses of the surrounding prop-
erty; the general character of the neighborhood; community
standards and practices; the integrity and character of the appli-
cant and his employees; the conviction of the applicant or his
employees for the violation of any criminal statutes; the ques-
tion of whether or not applicant holds a license for the sale of
5148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
alcoholic beverages; and other relevant factors deemed by Licen-
sor to have a reasonable relationship to the desirability of the
issuance of license to applicant for the establishment provided
for in this Resolution.
7. Applicant shall notify Licensor in writing within five (5)
days of any changes in the information furnished in the initial
application or renewal application. The applicant shall attach,
with his application, cash, certified check, cashiers check, or
money order in the amount of the annual license fee, plus any
sum required for an initial license, if applicable.
8. Applications for a new license shall not be considered until
after notice of the application has been run two times in the
newspaper having general circulation in Jeff Davis County in
which legal advertisements and notice of sheriffs sales are au-
thorized to run; the first running of the notice must be at least
thirty (30) days prior to the applications consideration by Li-
censor. The notice shall be in a form prescribed by Licensor.
This provision shall not apply to applications for renewal of a
license which are duly submitted by December 1st.
9. No new license shall be granted for a location situated
within an established residential area unless the applicant files,
along with his initial application, a petition signed by at least
sixty percent (60%) of the adult residents within a one (1) mile
radius of the proposed site of the establishment, stating that
such residents have no objection to the granting of a license to
the applicant for the sale or distribution of beer, malt beverages,
and/or wine at such location. This provision shall not apply to
applications for renewal of a license which are duly submitted by
December 1st.
10. In any location when a majority of people living within one
(1) mile of the proposed location of an establishment shall op-
pose the grant of the license and shall file a petition with the
Licensor opposing the grant of the license, a license may be
withheld where it reasonably appears that a majority of the peo-
ple living within such one (1) of the proposed location of an es-
tablishment oppose the grant of the license and that issuance of
the license would be a hazard or nuisance to the neighborhood.
GEORGIA LAWS 1982 SESSION
5149
11. Licensor shall consider all circumstances which may reflect
favorably and unfavorably upon the applicant, the application,
and the proposed location. If in the judgment of the Licensor
the circumstances are such that granting of the license would
not be in the best interest of the general public the Licensor
shall deny the application.
12. Applicant must comply with all state requirements for the
issuance of license, including the furnishing of a complete set of
fingerprints. (Reference Section 58-718, Code of Georgia)
13. Applicants for a new license shall pay to Licensor, in addi-
tion to all other fees and taxes required herein, an initial admin-
istrative fee of fifty dollars ($50.00) to defray initial administra-
tive and investigative costs. This fee shall be tendered with the
application and shall not be refundable.
14. Within seven (7) days from the time the application is
filed, Licensor shall notify the Sheriff, or such other investiga-
tive officer as Licensor may appoint, who shall investigate the
character of the applicant and other parties listed on the appli-
cation, and the reputation of the location, and make a full report
to the Licensor within two weeks of the investigation request,
unless additional time is requested by the Sheriff or other inves-
tigative officer. Licensor, after such investigation, shall consider
the application and either grant or deny the application. A de-
nial of an application shall be delivered to the applicant in writ-
ing personally or sent by registered or certified mail to the ad-
dress shown on the application.
15. If an application is denied, applicant may petition the Li-
censor for reconsideration, providing applicant has additional
relevant information to present which was not presented to Li-
censor at the time of its original consideration. Such petition
must be filed with Licensor no later than seven (7) days follow-
ing the date applicant is notified of such denial.
SECTION IV: ANNUAL LICENSE: FEES: TERM:
TRANSFERABILITY
(a) An annual license fee for the license provided in this Reso-
lution is hereby imposed and shall be as follows:
5150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a. Wholesale license: $100.00
b. Retail Malt Beverage/Beer License: $400.00
c. Retail Wine License: $100.00
d. Retail Malt Beverage/Beer & Wine License: $500.00
Such licenses shall be valid only for the calendar year in which
they are issued, and shall automatically expire on December 31st
each year regardless of the date of issue. The prescribed fee shall
be tendered with the filing of the application required by this
resolution. If the license is not granted, the annual fee shall be
returned. Such license fees shall be reduced by fifty percent
(50%) if the license is granted after June 30th of any year.
(b) Licenses shall not be transferable from one person to an-
other and shall not be transferable from one location to another
without the express written approval of Licensor.
SECTION V: REGULATIONS RELATING TO OPERATION
AND SALES
As a condition subsequent to the granting of said license and
the possession thereof, compliance with the following regulations
shall be mandatory:
1. Licenses granted hereunder shall be prominently displayed
in the Licensees establishment, and shall be, together with the
establishment, subject to inspection at any time by Licensor or
any law enforcement agency having jurisdiction of the area of
Licensees establishment.
2. Licensee shall not employ in the operation of said establish-
ment any person who can not meet the qualifications of any ap-
plicant or licensee as set forth in Section II above, except as to
residency.
3. The sale of all malt beverages and wines shall be in compli-
ance with the laws of the State of Georgia and the regulations
promulgated by the Department of Revenue of the State of
Georgia.
4. Each licensee responsible for the payment of excise tax
hereunder shall furnish monthly to Licensor a report in writing
GEORGIA LAWS 1982 SESSION
5151
itemizing for the preceding calendar month the exact quantities
of malt beverages and/or wines, by size and type of container,
for such month sold within Jeff Davis County; such report may
be made in the form of duplicate copies of the wholesalers in-
voices. Such report shall be delivered to Licensor no later than
the 10th day of each month following the month of delivery of
said malt beverages and wines.
5. Each retail licensee shall maintain for a period of 12 months
records of all deliveries made to said Licensees establishment of
malt beverages and wines by all wholesalers, which said records
shall include copies of the wholesalers invoice accompanying
said delivery. Licensee shall make available to Licensor all such
records upon request of the Licensor.
6. No Licensee shall permit consumption of any malt bever-
ages or wine on the premises of Licensees establishment at any
time, unless otherwise approved by Licensor. On-premise con-
sumption shall generally be limited to private clubs.
7. No Licensee shall sell or make available any beer, malt bev-
erage or wine to minors, habitual drunkards, or intoxicated
persons.
8. No beer, malt beverages or wine shall be sold on any Sun-
day, election day or Christmas.
9. No beer or wine shall be sold at retail on which County beer
or wine (as the case may be) tax has not been paid.
10. No beer or wine shall be sold between the hours of 12:30
A.M. and 6:00 P.M. on any day.
11. No beer or wine shall be possessed or sold or held for sale
at retail except beer or wine purchased from a wholesaler li-
censed to make sales in Jeff Davis County.
12. No boisterous or disorderly conduct shall be permitted on
any premises on which beer or wine are carried for sale, and
good order shall be maintained on all premises at all times.
13. The premises for which a license is granted shall be oper-
5152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ated under the personal supervision of the Licensee.
SECTION VI: WHOLESALE DEALERS
1. Applicants for wholesale license for the sale and distribu-
tion of beer, malt beverages and/or wine, shall meet the same
qualifications, provide the same information on the application,
and be subject to the same regulations as a retail applicant and
licensee, except as to residency.
2. Wholesale licenses shall be issued only to those applicants
who are licensed by the State of Georgia to sell and distribute
malt beverages and wine at wholesale.
3. Wholesale licensees shall sell and distribute to any retail
Licensees in Jeff Davis who hold a valid retail license as pro-
vided in this ordinance and resolution.
SECTION VII: LOCATION OF ESTABLISHMENTS
No license shall be granted to any establishment under the
terms of this ordinance which shall be located within one-quar-
ter (Vi) mile, measured in a straight line, from a church (includ-
ing funeral home chapel), school, or public park or playground.
This distance shall be measured from the property line of the
school, etc., closest to the proposed establishment, to the side of
the building housing said establishment nearest the school, etc.
No license shall be granted for any establishment which is deter-
mined not to qualify under Section III above.
SECTION VIII: EXCISE TAX
In addition to the license fees enumerated elsewhere in this
regulation and ordinance, and the excise tax levied directly by
the State of Georgia, there is hereby imposed a county excise tax
as follows:
1. On beer and malt beverages:
Five cents (5<t) per twelve (12) ounces, or proportionately
thereof, so as to prorate the tax on bottles, cans and con-
tainers of various sizes. (Reference Section 58-706.1 Code
of Georgia).
GEORGIA LAWS 1982 SESSION
5153
2. On Wine:
Eighty cents (80c) per gallon or twenty-two cents (22<t)
per liter, or proportionately thereof, so as to prorate the
tax on bottles and containers of various sizes.
3. The excise taxes, as provided above, shall be imposed
upon and paid by the licensed wholesale dealers in malt
beverages and wine doing business in Jeff Davis County.
Such taxes shall be paid to Licensor by such dealer on or
before the 10th day of the month following the calendar
month in which the beverages and/or wine are sold or
disposed of within this county.
4. All retail licensees shall furnish to Licensor monthly cop-
ies of all invoices from wholesale dealers of malt bever-
ages and/or wines reflecting the amount of county excise
taxes paid to the wholesale dealer. Such copies shall be
delivered to Licensor no later than the 10th day of the
month following the month of delivery to the retail licen-
sees establishment.
SECTION IX: REVOCATION, SUSPENSION AND
AUTOMATIC FORFEITURE
1. Licensee shall have no vested right in his license, and any
license may be suspended or revoked for good cause at the dis-
cretion of the Licensor.
2. A license may be suspended or revoked whenever in the
judgment of the Licensor the suspension or revocation of the li-
cense would be in the best interest of the general public.
3. Licensor may suspend a violators license for up to six (6)
months for the first violation in lieu of revocation. Suspension of
license is an alternative only for a first violation.
4. Good cause for the suspension or revocation of such li-
cense shall consist of the conviction or plea of guilty or nolo con-
tendere to the violation of any laws or ordinances regulating
such businesses (including this ordinance and resolution), or the
violation of regulations made pursuant to authority granted for
the purpose of regulating such businesses, or the violation of any
5154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
state or federal law or any county ordinance, (other than traffic
ordinances) or the deliberate making of irregularities, omissions,
or untruths in the application for license.
5. Upon information to Licensor that there may be grounds
for suspension or revocation, Licensor shall serve written notice
upon Licensee, either by personal delivery to Licensee or by
sending such notice to Licensee by registered or certified mail
addressed to the address in Licensees application, requiring him
to appear before Licensor and show cause why his license should
not be suspended or revoked. Such hearing shall not be held
sooner than ten (10) days from the giving of such notice, and
shall set forth with particularity the date, time and place of the
hearing on said matter; such notice shall also state the condition
alleged which could, if sustained, result in suspension or revoca-
tion of Licensees license.
6. Within ten (10) days of the hearing on such matter, Licen-
sor shall render a decision on the matter, notifying Licensee, in
writing, of its decision, by registered or certified mail, or by per-
sonally delivering the same to Licensee. In the event of a sus-
pension or revocation no rebate shall be made on any portion of
any licensee fee paid.
7. After revocation of any license granted hereunder, no per-
son formerly holding such license shall operate an establishment
for the sale of malt beverages or wines in Jeff Davis County
without first obtaining a valid license.
8. The Sheriff, upon notice of such suspension or revocation
from the Licensor shall take the necessary steps to see that signs
are removed and that all malt beverages and wine sales cease.
9. Any holder of any license hereunder who, for a period of
three consecutive months after his license has been issued,
ceases to operate the business and sale of the product or prod-
ucts authorized, shall automatically forfeit his license without
the necessity of any further action.
10. Whenever the State of Georgia shall revoke any permit or
license to sell at wholesale or retail any malt beverages, beer or
wine, the county license to sell malt beverages, beer or wine shall
GEORGIA LAWS 1982 SESSION
5155
thereupon be automatically revoked and forfeited.
SECTION X: GRANDFATHER CLAUSE
Establishments duly licensed prior to the effective date of this
ordinance and resolution by Licensor (or their predecessors in
office) pursuant to an existing resolution regulating the sale of
malt beverages and wine, insofar as the renewal of said license
(or application by new applicants for existing establishments) is
concerned, shall not be subject to the provisions of this ordi-
nance and resolution as it relates to location and establishment
qualifications. However, all existing licensees and establishments
are immediately subject to all other provisions of this ordinance
and resolution, unless otherwise specifically excluded elsewhere
herein. In the event an existing Licensee shall have his license
revoked, or should the Licensee fail to renew his license before
January 1 in any year, then such Licensee and the establishment
must fully qualify just as any applicant for a new license.
No provision of this ordinance and resolution shall apply to
any current Licensee or currently existing establishment, if the
enforcement of such provision upon any such current Licensee
or existing establishment would be violative of the Constitution
or the Laws of the United States or of the State of Georgia.
SECTION IX: COPY FURNISHED
Licensor will attempt to furnish each Licensee and Applicant
with a copy of this resolution and ordinance; but failure by Li-
censor to do so shall in no wise excuse a Licensee or Applicant
from strictly complying with the provisions hereof.
SECTION XII: SEVERABILITY OF PROVISIONS
Should any portion of this resolution and ordinance be held
invalid by a court of competent jurisdiction, the remaining parts
shall be severable and shall continue in full force and effect.
SECTION XIII: EFFECTIVE DATE
This resolution and ordinance shall take effect and be in force
immediately upon approval of and signing by all of the Commis-
5156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioners of Jeff Davis County, Georgia, and upon a copy of this
resolution and ordinance, along with the published notice and
affidavit all being filed with the Secretary of State, pursuant to
Section 2-5903, Code of Georgia and Article IX, Section II, Con-
stitution of the State of Georgia. An acknowledgement of such
filing by the Secretary of State shall be attached to the copy of
this resolution and ordinance maintained in the official minutes
of this Board.
SECTION XIV: REPEAL OF CONFLICTING RESOLUTION
AND ORDINANCES
Any resolution or ordinance, or part thereof, conflicting with
the provisions of this resolution and ordinance are expressly re-
pealed insofar as the same affects this resolution and ordinance.
So resolved and ordained this 3rd day of February, 1981.
Board of Commissioners
of Jeff Davis County
Dan Mims
Jimmie Ryles
L.L. Horne, Jr.
James Tate
Attest:
Lonnie V. Roberts, Clerk
The foregoing Resolution and Motion was read, voted upon
and unanimously adopted at the March 3, 1981, regular meeting
of the Jeff Davis County Board of Commissioners, such consti-
tuting the final adoption of said Resolution and Motion follow-
ing the running of the required legal notice for the three weeks
immediately preceding.
GEORGIA LAWS 1982 SESSION
5157
So resolved and ordianed this 3rd day of March, 1981.
Board of Commissioners
of Jeff Davis County
Dan Mims
Jimmie Ryles
L.L. Horne, Jr.
Edwin Miles
James Tate
Attest:
Lonnie V. Roberts, Clerk
APPENDIX
A. Application for Malt Beverages/Beer and/or Wine License
B. Application for Renewal of Malt Beverages/Beer and/or
Wine License
C. Notice of Application for Beer and/or Wine License
D. Petition in Support of Malt Beverages and/or Wine Es-
tablishment in Residential Area
The forms included in this Appendix meet the requirements
of this resolution and ordinance, and are the forms currently
prescribed by the Jeff Davis County Board of Commissioners for
use by Applicants and Licensees.
/s/ Dan Mims
Chairman of the
Board of Commissioners of
Jeff Davis County
/s/ Lonnie V. Roberts
Clerk
5158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
APPENDIX A
APPLICATION FOR
MALT BEVERAGES/BEER AND/OR WINE LICENSE,
JEFF DAVIS COUNTY, GEORGIA
INSTRUCTIONS:
1. Complete separate application for each type of license and
for each location.
2. All fees must be tendered with this appliation.
3. Applicants for renewal of license may use this form or al-
ternate short form if Licensor already has this information
on file.
TYPE OF LICENSE: a) Malt Beverage ( ), Wine ( ), Malt
Beverage & Wine ( );
b) Retail ( ), Wholesale ( );
c) New (or initial) ( ), Renewal ( )
NAME OF APPLICANT:______________________________________
Address of Applicant:____________________________________
Aliases:_____________________Business Agent____________
Address of Agent:___________________________
Type of Business: Individual Enterprise ( ), Corporation ( ),
Partnership ( ), Club ( ),
Joint Venture ( ), or Association ( )
FOR CORPORATIONS:
Name and Address of Officers:________________________
Name and Address of Directors:
GEORGIA LAWS 1982 SESSION
5159
Name and Address of Stockholders owning Ten Percent or
Greater Interest:
FOR PARTNERSHIPS AND JOINT VENTURES:
Name and Address of Partners and Joint Participants (including
Limited Partners):
BUSINESS ESTABLISHMENT: NAME:_______
Address:_____________________Location
NAME AND ADDRESS OF EMPLOYEES:
NAME AND ADDRESS OF NEAREST SCHOOL:_____
(Name)
Location:__________________________________
Estimated distance:________________________
NEAREST CHURCH: Name:______________________
Location:_____________
Estimated Distance from Establishment:_____
NEAREST PUBLIC PARK/PLAYGROUND:
Name:_____________________________Location:
Estimated Distance from Establishment:
5160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GENERAL INFORMATION: Has any person listed here had a
license revoked or a license
appication refused ( ),
Where?_____________________
When?_______By Whom?_______
Why?________________________
Has any person listed here been convicted within the last 5 years
of a misdemeanor involving gambling ( ) or violation of the
Georgia Controlled Substance Act ( ) or of a felony ( ) at
any time? If so, give name and circumstances on backside of this
page.
APPLICANTS CONSENT, CERTIFICATION, AND
ACKNOWLEDGEMENT:
I hereby consent to Licensors obtaining all investigation re-
ports on myself, all my employees, all parties at interest listed
above, considered to be necessary in relation to this application
by Licensor and/or its investigative officer, and I will be respon-
sible for all costs thereof.
I further certify that neither I, nor any of the other employ-
ees or parties at interest listed above, have been convicted of,
plead guilty to, or entered a plea of nolo contendere to any fel-
ony, or within the past 5 years, been convicted of, plead guilty
to, or entered a plea of nolo contendere to, any misdemeanor
involving moral turpitude, the offense of gambling, the sale of
alcoholic beverages, or violation of the Georgia Controlled Sub-
stance Act.
I further swear that the information provided above is true
and correct to the best of my knowledge and belief, and I under-
stand that I am to notify the Board of Commissioners within 5
days of any change in the information provided above.
I further certify and acknowledge that I have received (or
previously received) a copy of and have read the current resolu-
tion and ordinance regulating the sale and distribution of malt
GEORGIA LAWS 1982 SESSION
5161
beverages and wines in Jeff Davis County, Georgia.
Subscribed and sworn to
before me this the_____day
of________, 19___ _______________________________________
Applicant Date
Notary Public
Disposition:
( ) Accepted, Date________ ___________________________
Dan Mims, Chairman,
( ) Refused, Date_________ Board of Commissioners
Attest: ___________________________
Lonnie V. Roberts, Clerk
APPENDIX B
APPLICATION FOR RENEWAL OF MALT BEVERAGES/
BEER AND/OR WINE LICENSE, JEFF DAVIS COUNTY,
GEORGIA
INSTRUCTIONS:
1. This application may only be used to apply for a renewal
of license providing applicant has previously completed a
form containing all the information required for an ini-
tial application.
2. All fees must be tendered with this application.
NAME OF APPLICANT:___________________________________
Address:_________________Social Security No.:________
TYPE OF BUSINESS: Individual Enterprise ( ), Corpora-
tion ( ) Partnership ( ), Club ( ),
Joint Venture ( ), or Association ( )
TYPE OF LICENSE: a) Malt Beverage ( ), Wine ( ), Malt
Beverage & Wine ( )
b) Retail ( ), Wholesale ( )
5162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NAME OF BUSINESS:______________________________________
In the space below, or using additional sheets if necessary, list
any and all changes in the information contained in your most
current application on file with Licensor (If none, so state):
I swear that the information provided above (or shown on my
previous years application, or amendments thereto) is true and
correct to the best of my knowledge and belief, and I understand
that I am to notify the Board of Commissioners within 5 days of
any change in the information provided above, or which appears
on any previous application, as revised.
Subscribed and sworn to
before me this the____day
of_______, 19___ __________________________________________
Applicant Date
Notary Public
Disposition:
( ) Accepted, Date_________ ________________________
Dan Mims, Chairman,
( ) Refused, Date__________ Board of Commissioners
Attest: ___________________________
Lonnie V. Roberts, Clerk
* APPENDIX C
NOTICE OF APPLICATION FOR BEER AND/OR WINE
LICENSE
Notice is hereby given that_________________
(name)
of__________________________________________________
(address)
has applied for a (retail or wholesale) license for the sale and/or
distribution of malt beverages and/or wine; the establishment is
GEORGIA LAWS 1982 SESSION
5163
to be located at__________________________________________ in
(address or location)
Jeff Davis County, Georgia. The application will be considered
by the Board of Commissioners at their regular (or special)
meeting to be held at ------------------ oclock ____M., on
______________, -------------, 19----, at the regular meeting
place. Anyone interested may attend. For more information con-
tact the applicant or the Board of County Commissioners.
Applicant
TO: JEFF DAVIS COUNTY LEDGER
The above legal ad should run two times prior to the hearing
date, the first of which must be at least 30 days prior to the
schuled hearing date. All costs are to be paid by applicant.
* This notice is required only for applicants for a new license.
APPENDIX D
* PETITION IN SUPPORT OF MALT BEVERAGES AND/
OR WINE ESTABLISHMENT IN RESIDENTIAL AREA
We, the undersigned, all being adult residents of Jeff Davis
5164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, Georgia and living within the residential area within a
one (1) mile radius of the proposed location for a malt beverage
(beer) and/or wine establishment, said location being at
____________________________, for which a license is being ap-
plied for by________________, hereby consent for said
(name of applicant)
applicant to operate a malt beverage (beer) and/or wine business
at such location. The date of our signing appears beside our re-
spective names.
NAME ADDRESS DATE
*
This petition is required only for Applicants seeking a new li-
cense for an establishment in an established residential area.
GEORGIA LAWS 1982 SESSION
5165
Georgia, Jeff Davis County
In person appeared, Thomas H. Purser, Editor and Publisher
of The Jeff Davis County Ledger, a newspaper published in said
county in which Sheriff Sales and Advertisements are published,
and as such deponent says that the following notice was pub-
lished in said paper on February 11, 18 and 25, 1981, to wit:
Legal
Pursuant to Article IX, Section II, Constitution of the State of
Georgia, notice is hereby given of the proposed reappeal of the
existing Beer and Wine Resolution and the proposed adoption of
a revised Resolution and Ordinance to Regulate and Provide
for the Licensing, Sale and Regulation of Malt Beverages and
Wines in Jeff Davis County; and for Other Purposes.
The proposed new resolution and ordinance will amend and
repeal the existing resolution in all areas where the existing reso-
lution conflicts with the new resolution and ordinance.
The proposed new resolution and ordinance will provide defi-
nitions of terms used in the resolution; a listing of the qualifica-
tions for applicants and licensees; the procedure for granting li-
censes (wholesale or retail); the fees for an annual license and its
term and transferability; regulations relating to wholesale deal-
ers; location of establishments; imposition and payment of excise
taxes; regulations covering the revocation, suspension and auto-
matic forfeiture of licenses; a grandfather clause to protect the
rights of existing licensees and establishments; regulations relat-
ing to the furnishing of copies to applicants and licensees, sever-
ability of provisions, and establishment of an effective date. In
addition, there will be an appendix containing forms to be used
by applicants.
A copy of the proposed new resolution and ordinance is on file
in the Office of the Clerk of Superior Court of Jeff Davis for
examination and inspection by the public. The Clerk of the Su-
perior Court shall furnish anyone, upon written request, a copy
of the proposed resolution and ordinance.
The proposed resolution and ordinance was initially adopted
by the Board of Commissioners at its regular meeting on Febru-
5166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ary 2, 1981; it will be presented for final adoption at the next
regular meeting of the Board of Commissioners to be held on
March 3, 1981, at 8:30 oclock a.m., at the regular place of
meeting.
This 2nd day of February, 1981.
Lonnie Roberts, Clerk
Dan Mims, Chairman of the
Board of Commissioners of
Jeff Davis County
2/ll-18-25c
This 27 day of February, 1981.
Sworn to and subscribed
before me this 27th day of
February, 1981.
/s/ Thomas H. Purser
Editor and Publisher
Carolyn Thompson
Notary Public
My Commission expires June 13, 1984.
Filed in the Office of the Secretary of State, March 19, 1981.
LAURENS COUNTYBOARD OF COMMISSIONERS.
AN ORDINANCE
To amend an Act creating a board of commissioners of roads
and revenues for the County of Laurens, approved December 1,
1893 (Ga. Laws 1893, p. 362), as amended, particularly by an Act
approved August 17, 1908 (Ga. Laws 1908, p. 336), an Act ap-
proved August 14, 1909 (Ga. Laws 1909, p. 420), an Act ap-
GEORGIA LAWS 1982 SESSION
5167
proved August 17, 1911 (Ga. Laws 1911, p. 453), an Act ap-
proved August 16, 1915 (Ga. Laws 1915, p. 369), an Act
approved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved
February 20, 1951 (Ga. Laws 1951, p. 2694) an Act approved
February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act ap-
proved February 12, 1960 (Ga. Laws 1960, p. 2077), so as to pro-
vide for a purchasing agent for Laurens County; to provide a
purchasing limit for said purchasing agent without the necessity
of legal advertisement; to repeal Section 3B of Section 2 of Ga.
Laws 1960, p. 2077 in its entirety; to amend Sections 14B and
14C of Section 3 of Ga. Laws 1960, p. 2077 in their entireties;
and to amend Section 3 of Section 4 of Ga. Laws. 1960, p. 2077;
to provide for an effective date; to repeal conflicting laws; and
for other purposes.
Be it hereby enacted by the Commissioners of Laurens
County, Georgia, under home rule powers granted to them under
the provisions of Article IX, Section II, Paragraph 1 of the Con-
stitution of the State of Georgia.
Section 1. An Act creating a board of commissioners of roads
and revenues for the County of Laurens, approved December 1,
1893 (Ga. Laws 1893, p. 362), as amended, particularly by an Act
approved August 17, 1908 (Ga. Laws 1908, p. 336), an Act ap-
proved August 14, 1909 (Ga. Laws 1909, p. 420), an Act ap-
proved August 17, 1911 (Ga. Laws 1911, p. 453), an Act ap-
proved August 16, 1915 (Ga. Laws 1915, p. 277), an Act
approved August 17, 1917 (Ga. Laws 1917, p. 369), an Act ap-
proved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved
February 20, 1951 (Ga. Laws 1951, p. 2694), an Act approved
February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act ap-
proved February 12, 1960 (Ga. Laws 1960, p. 2077), is hereby
amended by striking from said amendatory Act of 1960, Section
3A of Section 2 in its entirety and inserting in lieu thereof a new
Section 3A to read as follows:
Section 3A The Clerk of the Board of Commissioners of
Laurens County, Georgia, is hereby designated as Purchasing
Agent for Laurens County. He shall give a $10,000 surety bond,
as other county officers, conditioned for the faithful and honest
performance of his duties. Henceforth, all purchases shall be
made under the authority of a purchase order signed by the
5168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
purchasing agent. The purchasing agent may sign any purchase
order without prior approval of any single purchase up to One
Thousand Five Hundred ($1,500) Dollars. If any purchase of any
item or material is to be made in excess of One Thousand Five
Hundred ($1,500) Dollars, a majority of the Commissioners of
Roads and Revenues must approve said purchase.
In all cases, the purchasing agent shall obtain the best possi-
ble prices commensurate with quality and shall maintain suffi-
cient records to justify his acts, and such records shall be open
to examination by any and all interested persons.
Section 2. Ga. Laws 1960, p. 2077, Section 3B of Section 2
which reads as follows:
Section 3B. At their first meeting in January of each year,
the Board of Commissioners of Roads and Revenues shall fix
the salaries of all employees and officials of Laurens County
employed by said board, and it shall be the duty of said
board to submit such salaries to the first Grand Jury of the
Superior Court of Laurens County convening after such ac-
tion. The grand jury shall approve, by two-thirds affirmative
vote of those present and voting, the salaries of all such em-
ployees of Laurens County. The salaries of all those employ-
ees whose employment begins after the grand jury sits shall
be submitted for approval in the same manner to the next
grand jury. The services of any employee whose salary is not
properly approved by said grand jury shall be terminated
without pay.
is repealed in its entirety.
Section 3. Sections 14B and 14C of Section 3 of Ga. Laws
1960, p. 2077, which read as follows:
Section 14B. The Board of Commissioners of Roads and
Revenues of the County of Laurens is hereby prohibited
from employing as officer, agent, servant or employee of said
county, any person or persons related to any member of said
board of commissioners of roads and revenues within the fol-
lowing degree, to-wit: father, mother, brother, sister, son,
daughter, uncle, aunt, niece, nephew, or first cousin by blood
GEORGIA LAWS 1982 SESSION
5169
or marriage. Any employment of any person within any of
the degrees of relationship herein listed is hereby prohibited,
and shall be illegal. Any person hired or employed in viola-
tion of this Section shall not be entitled to receive any com-
pensation whatsoever for any services rendered."The provi-
sions of this section shall not apply to any person employed
in the capacity of a school teacher in the County of Laurens,
nor to any present employee of Laurens County, until on and
after January 1, 1961.
Section 14C. The Board of Commissioners of Roads and
Revenues of the County of Laurens is hereby prohibited
from employing to serve in the office of or under the supervi-
sion of the Tax Commissioner, the Sheriff, the County School
Superintendent, or the Clerk of the Superior Court of Lau-
rens County, or in any offices which said officials may hold as
ex-officio officer, any person as officer, agent, servant or em-
ployee of the County of Laurens which person is related to
such elected public official within the following degrees, to-
wit: father, mother, brother, sister, son, daughter, uncle,
aunt, niece, nephew, or first cousin by blood or marriage. Any
employment of any person within any of the degrees of rela-
tionship herein listed as hereby prohibited, and shall be ille-
gal. Any person hired or employed in violation of this section
shall not be entitled to receive any compensation whatsoever
for any services rendered. The provisions of this section shall
not apply to any person employed in the capacity of a school
teacher in the County of Laurens, nor to any present em-
ployee of Laurens County, until on and after January 1,
1961.
are amended by adding the following sentence which will be the
last sentence of the new Section 14B and 14C of Ga. Laws 1960,
p. 2077, and which will read as follows:
The provisions of this Section shall not apply to any county
employee who is already employed by Laurens County when
his or her relative is elected to a county office which would
otherwise disqualify him from employment under the terms
of this Section.
Section 4. Section 3 of Section 4 of Ga. Laws 1960, p. 2077, is
5170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended to read as follows:
Section 3. No contract in excess of one thousand five hun-
dred ($1,500) dollars providing for the furnishing to the
county of any material, article, or service, shall be awarded to
any commissioner of roads and revenues, any county official,
servant or employee, or clerk of the board of commissioners
of roads and revenues, of said county, unless said official
shall have first submitted to the governing authority the low-
est and best of three competitive bids for the furnishing of
said material, article, or service. The county purchasing
agent is authorized to obtain at least three (3) competitive
bids by phone or letter. All items costing more than $1,500
shall be advertised in the county legal gazette for two (2) suc-
cessive weeks and sealed bids will be opened at the public
meeting of the county commissioners which follows the run-
ning of the last ad.
If any of the above mentioned officials shall be interested in
any said contract without complying with the terms of this
Act, the contract is null and void from its inception, and any
profit or emolument received therefrom shall be refunded to
the county treasury. In addition, the conduct of said official
shall constitute malfeasance of office and shall constitute
grounds for removal from same.
Section 5. 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 of full force and
effect, as if the section, subsection, sentence, clause or phrase so
declared or adjudged invalid or unconstitutional was not origi-
nally a part hereof. The General Assembly hereby declares that
it would have passed the remaining parts of this Ordinance 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 Or-
dinance are hereby repealed.
GEORGIA LAWS 1982 SESSION
5171
This the 20th day of October, 1981.
Laurens County Board
of Commissioners
Of Roads and Revenues
/s/ Mike Wolfe
Chairman
Attest:
/s/ Sara M. Neal
Clerk
AFFIDAVIT OF PUBLISHER
Personally appeared before me, the undersigned officer, duly
authorized to administer oaths in said State and County, Griffin
Lovett, who having been duly sworn, deposes and says on oath
that he is Publisher of the Dublin Courier Herald, that, as such,
he is authorized to make this affidavit, and that the attached
notice was published in the Dublin Courier Herald, a local news-
paper of general circulation in Laurens County, Georgia, on Oc-
tober 3, 10, & 17, 1981.
This the 3 day of November, 1981.
Griffin Lovett
Sworn to and subscribed
before me this 3rd
day of November, 1981.
Janet D. Page
Notary Public
My commission expires: 6-23-84
LEGAL ADVERTISEMENT
The Commissioners of Laurens County will consider an Ordi-
5172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nance to be enacted on Tuesday, Oct. 20, 1981, at 4:00 oclock
p.m., at a public meeting to be held in the Commissioners Office
in the County Courthouse. A copy of said Ordinance is on file in
the Office of the Clerk of the Superior Court of Laurens County
and is available to any citizen who desires to read it.
The Ordinance, enacted under the Home Rule powers granted
to the County Commissioners by the Constitution of Georgia
will appoint a County Purchasing Agent; authorize said agent to
make purchases up to the amount of $1,500; repeal a require-
ment that Laurens County Grand Juries approve salaries of all
county employees; amend provisions of 1960 Ga. Laws p. 2077,
prohibiting the hiring of relatives by elected county officials; re-
quire at least three (3) competitive bids and legal advertisement
in the county gazette for all items purchased by the county
which have a value in excess of $1,500; and provide for penalties
for failure to comply with the terms of this Ordinance.
Leon Green, County Attorney
Filed in the Office of the Secretary of State November 6, 1981.
GEORGIA LAWS 1982 SESSION
5173
CHARTER AMENDMENTS
ADOPTED
PURSUANT TO
THE MUNICIPAL HOME RULE
ACT OF 1965 AS AMENDED
5174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ALBANYGENERAL MANAGER.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the Charter of
the City of Albany, Georgia, so as to change the Contracting and
Purchasing Authority of the General Manager; repealing all laws
and chapter provisions or parts of laws and charter provisions in
conflict; and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section 26(3)(c)13. of the Charter of the City of
Albany is amended by striking the first paragraph of said sub-
paragraph 13. and ordaining in lieu thereof the following:
13. The General Manager shall be the purchasing and con-
tracting agent for the Commission by whom all purchases of
supplies and services, and all contracts shall be made. He
shall solicit competitive prices on all purchases except in the
case of sole sources of supply and emergency purchases, and
approve all vouchers for same provided that all contracts or
agreements made by him requiring the expenditure of money
to the amount of Five Thousand Dollars ($5,000.00) or more
shall be approved by the Board of Water, Gas & Light Com-
missioners, except on emergency purchases.
The remainder of said sub-paragraph 13. shall remain
unaltered.
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 Char-
GEORGIA LAWS 1982 SESSION
5175
ter provisions and laws in conflict herewith are repealed.
/s/ James H. Gray, Sr.
Mayor
ATTEST:
/s/ Joann Pope
CITY CLERK
Adopted: December 23, 1980
Adopted: January 12, 1981
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, Geoffrey L.
Gray, who having been sworn, states that he is Advertising Di-
rector 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 advertise-
ments for Doughterty County, Georgia, are published, and that
the legal notice, a copy of which is attached hereto as Exhibit
A, was published in the Albany Herald once a week for
three weeks on the following dates: December 12th, December
19th and December 26th, 1980.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me this 13 day of January, 1981.
/s/ Pauline Buckner
Notary Public.
My Commission Expires May 24, 1981
Notice
Notice is given that there has been filed with the Clerk of the
5176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Albany, Georgia, an ordinance proposing under the Mu-
nicipal Home Rule Act of 1965 to amend Section 26(3)(c) 13 of
the Charter of the City of Albany so as to change the amount
above which the Board of Water, Gas & Light Commissioners
must approve purchases and contracts by the general manager.
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 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
By: James V. Davis
City Attorney
Filed in the Office of Secretary of State January 21, 1981.
CITY OF ALBANYPENSION TRUST.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending Article A of re-
lated laws entitled Pensions so as to provide that employees of
Albany Metropolitan Planning Commission shall be eligible to
participate in the City of Albany Pension Trust; repealing all
laws and charter provisions or parts of laws and charter provi-
sions in conflict; and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section A-l entitled Authority to Grant of Arti-
cle A entitled Pensions is amended by repealing the second
paragraph of said Article A-l and ordaining in lieu thereof the
following:
GEORGIA LAWS 1982 SESSION
5177
All employees of Artesian City Federal Credit Union or its
succesors, and all employees of Albany Metropolitan Plan-
ning Commission or its successors, shall be eligible to partici-
pate in the City of Albany pension trust upon the same
terms and conditions as employees of the City of Albany,
upon the condition that Artesian City Federal Credit Union
or its successors and Albany Metropolitan Planning Commis-
sion or its successors pay into the pension trust on behalf of
each of its respective employees participating in the pension
trust an amount equal to the amount which the City of Al-
bany from time to time pays on behalf of its own employees.
Persons who are employees of Artesian City Federal Credit
Union on September 1, 1974, shall be eligible for participa-
tion as if they were first employed on September 1, 1974, and
their rights, benefits and obligations shall be measured and
determined from that date. Employees of Albany Metropoli-
tan Planning Commission are eligible for participation from
the date of employment, as in the case of regular city
employees.
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 Char-
ter provisions and laws in conflict herewith are repealed.
/s/ James H. Gray, Sr.
Mayor
Attest:
/s/ Joann Pope
CITY CLERK
Adopted: January 12, 1981
Adopted: January 27, 1981
5178 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, GeofFrey L.
Gray, who having been sworn, states that (s)he is Advertising
Director for the Albany Herald Publishing Company, Inc., that
the Albany Herald Publishing Company, Inc. is the publisher of
the Albany Herald, 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 9th, January 16,
and January 23, 1981.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me this 4th day of February,
1981.
/s/ Pauline Buckner
Notary Public.
My Commission Expires May 24, 1981
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 amend Section A-l of Article
A entitled Pensions so as to provide that employees of Albany
Metropolitan Planning Commission shall be eligible to partici-
pate in the City of Albany pension trust.
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
GEORGIA LAWS 1982 SESSION
5179
public.
City of Albany
By: James V. Davis
City Attorney
Filed in the Office of State February 9, 1981.
CITY OF ALBANYAD VALOREM TAXES.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the Charter of
the City of Albany so as to change the limit of ad valorem taxes;
repealing ordinances or parts of ordinances in conflict; and for
other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section 27 of the Charter of of the City of Albany
(Georgia Laws 1923, Page 370, Section 27, as amended) is hereby
amended by striking from the first paragraph of Section 27 the
words and figures one and one-half per cent (1.5%), and in-
serting in lieu thereof the words and figures two per cent
(2%), so that when amended, said paragraph of said section
shall read as follows:
Section 27. In addition to the special school tax author-
ized 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, personal and
choses in action, within the corporate limits of the city, not
to exceed two (2%) per cent ad valorem, and to collect a spe-
5180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cific or occupation tax on all businesses, occupations, profes-
sions, 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 exhibi-
tions, circuses and shows of all kinds, and on drays and
hacks, hotels, boarding houses, restaurants, fish stands, bil-
liards, pool and other kinds of tables, ten-pin alleys, butcher
shops, livery stable 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 oc-
cupation, 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. 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
Attest:
/s/ Joann Pope
City Clerk
Adopted: April 28, 1981
Adopted: May 12, 1981
Affidavit of Publisher
State of Georgia
County of Doughterty
Personally appeared before the undersigned, an officer author-
GEORGIA LAWS 1982 SESSION
5181
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, 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 (3) weeks on the following dates: April 24, May 1, 8,
1981.
/s/ Barbara C. Jones
Sworn to and subscribed before me this 14 day of May, 1981.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1981
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 Act of 1965 to amend the Charter of the City of
Albany so as to change the limit of ad valorem taxes which may
be levied and assessed by the City of Albany.
A copy of said ordinance is on file in the Office of the Clerk of
the City of Albany, Georgia, and a copy thereof is also on file in
the Office of the Clerk of the Superior Court of Dougherty
County, Georgia, and such ordinance is available at either of
said places for the purpose of examination or inspection by the
public.
City of Albany, Georgia
By: James V. Davis
City Attorney
Filed in the Office of Secretary of State May 18, 1981.
5182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ALBANYCITY RECORDER.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the Charter of
the City of Albany so as to enlarge the maximum punishment
which may be imposed by the city recorder or other presiding
officer; repealing ordinances or parts of ordinances in conflict;
and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section 24 of the Charter of the City of Albany
(Georgia Laws 1923, page 370, Section 24) as heretofore
amended by Ordinance No. 1901, adopted July 24, 1973, is
hereby amended by striking from subparagraph 1 of said Section
the words three hundred dollars ($300.00) and the words
ninety (90) days, and inserting in lieu thereof the words five
hundred dollars ($500.00) and the words one hundred eighty
(180) days, so that said subparagraph 1 of Section 24, as
amended, shall read as follows:
Jurisdiction; authority to punish; extent of penalty, etc.
Said police court shall have jurisdiction to try all offenders
against the laws and ordinances of the city committed within
the corporate limits or police jurisdiction, and to punish per-
sons convicted in said court of violating such laws and ordi-
nances by a fine not to exceed five hundred dollars ($500.00)
or by imprisonment in the guardhouse, city prison or other
place provided, or by compulsory labor on the streets or
other public works, or city chain gang not to exceed one hun-
dred eighty (180) days, and either one or more of said pun-
ishments may be imposed, or the several punishments may
be cumulative, or the fine may be imposed with an alterna-
tive of such imprisonment or compulsory labor or coerced or
enforced by said punishment or labor; provided, that the
punishments, within the limits prescribed, shall only be im-
posed by said court in the amount and manner prescribed by
the penal ordinances of said city, but in the event no penalty
is provided for the doing of which is made unlawful by ordi-
GEORGIA LAWS 1982 SESSION
5183
nances, the court shall have power to proceed to impose the
punishments as herein enumerated. The jurisdiction of said
police court shall further extend to the investigation of any
charge involving or amounting to a violation of the penal
laws of Georgia, when such charge is entered upon the docket
of said court and when offense is alleged to have been com-
mitted within the corporate or police limits of the city, and
provided such charges are made in writing and verified to the
best of the knowledge and belief of the person making the
same. (Ord. No. 1901, I, 7-24-73)
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
Attest:
/s/ Joann Pope
City Clerk
Adopted: April 28, 1981
Adopted: May 12, 1981
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, 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
5184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 (3) weeks on the following dates: April 24, May 1, 8,
1981.
/s/ Barbara C. Jones
Sworn to and subscribed before me this 14 day of May 1981.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1981
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 amend the Charter of the City
of Albany so as to increase the maximum punishment for of-
fenses tried in the Recorders Court of the City of Albany.
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.
The City of Albany, Georgia
By: James V. Davis
City Attorney
Filed with the Office of Secretary of State May 18, 1981.
GEORGIA LAWS 1982 SESSION
5185
CITY OF ALBANYWARDS.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the Charter of
the City of Albany so as to reapportion the wards; repealing or-
dinances or parts of ordinances and charter provisions or parts
of charter provisions in conflict; and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section 2 of the Charter of the City of Albany is
amended by striking from said section the description of the
wards contained therein, and ordaining in lieu thereof the
following:
The City proper shall be divided into six wards. A descrip-
tion of each of said wards is contained in an exhibit attached
to this ordinance as Exhibit A, and said descriptions are
incorporated herein by reference as fully as if set forth
verbatim.
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 or parts of charter provi-
sions, ordinances or parts of ordinances, and laws or parts of
laws in conflict herewith are repealed.
/s/ James H. Gray, Sr.
Mayor
Attest:
/s/ Joann Pope
City Clerk
Adopted: June 9, 1981
5186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Adopted: June 25, 1981
Exhibit A
The proposed wards for the City of Albany are as follows:
1st Ward: Ward One shall include all that part of the City of
Albany lying south of City limits, west of City limits, north of
City limits to Mock Road, south to Cutts Drive, west to Georgia
Northern Railway, northwest to U.S. 19, south to interchange,
northwest on Moultrie Road to Mobile Avenue, north on Mobile
Avenue to Wingate Avenue, northwest along Wingate Avenue to
South Street, north on South Street to a line south of Sands
Drive, east to Mobile Avenue, north on Mobile Avenue to Silica
Avenue, east to Seaboard Coastline Railroad, north on Coastline
Railroad to north right-of-way of Oglethorpe Boulevard, east to
Georgia Northern Railway, northwest on Railroad to S. Central
Street, north along Central Street to Clark Avenue, east on
Clark Avenue to Maple Street, north to City limits.
2nd Ward: Ward Two shall include all that part of the City
of Albany lying east of Slappey Boulevard, west of Maple Street,
south of City limits and north of Society Avenue from Slappey
Boulevard to Cleveland Street, Tift Avenue from Cleveland
Street to Harding Street and Residence Avenue from Harding
Street to the east bank of the Flint River, southerly along the
east bank of the Flint River to the southern boundary of Albany
State College, east along the southern boundary of Albany State
College to Radium Springs Road, north along Radium Springs
Road to a line south of Sands Drive, east along that line to Mo-
bile Avenue, north on Mobile Avenue to Silica Drive, east on
Silica Drive to the Seaboard Coastline Railroad, north along the
Railroad to its intersection with Oglethorpe Boulevard, east on
Oglethorpe Boulevard to the Georgia Northern Railroad, north-
west along the Georgia Northern Railroad to South Central
Street, north on Central Street to Clark Avenue, thence easterly
to Maple Street, the eastern ward boundary.
3rd Ward: Ward Three shall include all that part of the City
of Albany, south of Society Avenue from Slappey Boulevard to
Cleveland Street, Tift Avenue from Cleveland Street to Harding
Street and Residence Avenue from Harding Street to west bank
GEORGIA LAWS 1982 SESSION
5187
of the Flint River, south along the Flint to a line extended from
Jefferies Avenue, west to Jackson Street, south to Alice Avenue,
west to South Madison Street, north to Jefferies Avenue, west to
Newton Road, southwest to Lippitt Drive, west to Slappey
Boulevard, north to Gordon Avenue, west to Walnut Street,
north to West Broad Avenue, east to Slappey Boulevard, north
to Society Avenue.
4th Ward: Ward Four shall include all that part of the City
of Albany bounded on the west and north by Westover Road
from Gillionville Road north to Partridge Drive, thence along
Partridge Drive to Kenilworth Drive, thence to Lullwater Road
and to Dawson Road, thence southeast to Third Avenue, east on
Third Avenue to Hoover Street, north on Hoover Street to
Tenth Avenue, east on Tenth Avenue to Slappey Boulevard,
south on Slappey Boulevard to West Broad Avenue, west to
Walnut Street, south on Walnut Street to Waddell Avenue, west
on Waddell Avenue to West Town Road, thence south to Oak-
ridge Drive, and east along Oakridge Drive to Newton Road, and
southwest along Newton Road to the City limits which are the
ward boundaries extending westerly, northerly and easterly to
Westover Road.
5th Ward: Ward Five shall include all that part of the City
of Albany bounded on the east by Slappey Boulevard, south to
Tenth Avenue, thence west to Hoover Street, thence sought to
Third Avenue, and bounded on the south by Third Avenue, west
to Dawson Road, thence northwest along Dawson Road to
Lullwater Road, thence southwest to Kenilworth Drive, thence
west to Partridge Drive, thence south and east to Westover
Road, thence south to Gillionville Road and the City limits
which are the ward boundaries south, west and on the north.
6th Ward: Ward Six shall include all that part of the City of
Albany bounded on the west by Newton Road, northwest to
Oakridge Drive, thence west to Westtown Road, thence north to
Waddell Avenue, thence east to Walnut Street, north to Gordon
Avenue and eastward to Slappey Boulevard, thence south to
Lippitt Drive to Newton Road, thence northeast to Jefferies Av-
enue and east to South Madison Street, thence south on
Madison Street to Alice Avenue, east to Jackson Street, north to
line extended from Jefferies Avenue, thence east to Flint River,
5188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
north along the east bank of the Flint River to the southern
boundary of Albany State College, east along the southern
boundary of Albany State College, to Radium Springs Road,
north on Radium Springs Road to a line south of Sands Drive,
east along that line to South Avenue, south on South Street to
Wingate Drive, southeast along Wingate Drive to Mobile Ave-
nue, south on Mobile Avenue to Moultrie Road, thence south-
east to the City limits which are the ward boundaries on the east
and south, west to Newton Road.
All street traversing is done on the center line.
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, Geoffrey L.
Gray, who having been sworn states that (s)he is Advertising Di-
rector 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 advertise-
ments for Dougherty County, Georgia, are published, and that
the legal notice, a copy of which is attached hereto as Exhibit
A, was published in the Albany Herald once a week for
three weeks on the following dates: June 6, 13, 20, 1981.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me this 30 day of June, 1981.
/s/ Pauline Buckner
Notary Public
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, as amended, to amend the Char-
ter of the City of Albany so as to reapportion the wards.
GEORGIA LAWS 1982 SESSION
5189
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.
The City of Albany, Georgia
By: James V. Davis,
City Attorney
Filed in the Office of Secretary of State July 1, 1981.
CITY OF ALBANYPENSION FUND.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the related laws
portion of the City Code so as to eliminate employee contribu-
tions to the City of Albany pension fund, and to provide for re-
funds to employees; repealing ordinances or parts of ordinances
in conflict; and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section A-5 entitled Tax Levy; Contributions;
Fund of Article A entitled PENSIONS of the related laws
section of the Code of the City of Albany is hereby repealed, and
a new Section A-5 is ordained in lieu thereof to read as follows:
Section A-5. Tax Levy; Refunds. The City of Albany is au-
thorized and empowered to levy a tax on all taxable property
in said City ad valorem, and to use the proceeds from said
tax and all other available funds of the City for the purpose
of paying pensions and other benefits under the pension sys-
5190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tem, and for making the payments and contributions into the
pension fund as hereinafter provided. The City of Albany is
authorized to contribute to the pension fund an amount
equal to 8.9% of the gross earnings of those employees par-
ticipating in the pension plan, and in addition is authorized
and empowered to make a contribution each year to said
pension fund not to exceed $50,000.00 in any calendar year,
the amount within said limits to be determined by the Board
of City Commissioners of the said City; but if no such contri-
bution is made in any year, the amount which said City may
contribute to said fund may be, in the discretion of the
Board of Commissioners, accumulated. All of said funds shall
be turned over to the City Treasurer, and shall be kept in a
separate fund and disbursed under the terms of this Chapter,
and all valid ordinances passed and adopted pursuant
thereto; provided, however, that said funds and investments
may also be from time to time turned over to and placed in
the custody of any bank or trust company which is, at that
time, serving as fiscal agent or expert for the City.
The City of Albany shall also be authorized to refund to all
persons who are employed and eligible to participate in the
pension plan on the effective date of this Act, and to all re-
tired employees who are living on the effective date of this
Act, all contributions made by said employees and retired
living employees to the pension fund, together with such in-
terest thereon as shall be fixed and determined by the Board
of Commissioners of the City of Albany.
Section 2. This ordinance shall become effective with respect
to eligible employees of Dougherty County and Albany-Daugh-
erty Public Library Board of Trustees on August 25, 1981, and
with respect to eligible employees of the Board of Water, Gas &
Light Commissioners on August 31, 1981, and with respect to
eligible employees of the City of Albany general government, the
Albany Metropolitan Planning Commission, and the Artesian
City Employees Federal Credit Union on September 4, 1981.
Section 3. All charter provisions or parts of charter provi-
sions, ordinances or parts of ordinances, and laws or parts of
laws in conflict herewith are repealed.
GEORGIA LAWS 1982 SESSION
5191
/s/ James H. Gray, Sr.
Mayor
Attest:
,'s/ Joann Pope
City Clerk
Adopted: June 25, 1981
Adopted: July 14, 1981
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 Man-
ager 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 advertise-
ments for Dougherty County, Georgia, are published, and that
the legal notice, a copy of which is attached hereto as Exhibit
A, was published in the Albany Herald once a week for
three weeks on the following dates: June 22, 29, July 6, 1981.
/s/ Barbara C. Jones
Sworn to and subscribed before me this 21st day of July, 1981.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1985
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 amend Article A of the related
laws in the Code of the City of Albany relating to pensions so as
to eliminate employee contributions to the pension fund and
5192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for refunds of contributions.
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.
The City of Albany
By: James V. Davis
City Attorney
Filed in the Office of Secretary of State July 23, 1981.
CITY OF ALBANYLIENS.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the Charter of
the City of Albany so as to authorize the establishment of liens
for services and expenditures; repealing ordinances or parts of
ordinances and charter provisions or parts of charter provisions
in conflict; and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section 19 of the Charter of the City of Albany is
amended by adding an additional paragraph to read as follows:
The Board of Commissioners may by ordinance provide for
the collection of fees and charges of the City of Albany of
every kind and nature for services rendered to property own-
ers or to others, and for the collection or securing of any
amounts advanced or paid by the City of Albany as a loan or
GEORGIA LAWS 1982 SESSION
5193
grant or expenditure in connection with its urban redevelop-
ment program or its code enforcement activities, and may
provide that such collection be enforced by the issuance of
execution. The Board of Commissioners may provide that
such execution shall be a specific lien upon the real or per-
sonal property with respect to which services were rendered
or improvements or grants or loans or expenditures were
made, and may also provide that such executions shall be a
general lien on all of the real and personal property of the
owner or user, equal in rank and dignity to the liens of the
City of Albany for ad valorem taxes. Said ordinance may pro-
vide for the issuance, recording and enforcement of said liens
and executions based thereon in the same manner as execu-
tions for City taxes are issued, recorded and enforced.
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
Attest:
/s/ Joann Pope
City Clerk
Adopted: November 10, 1981
Adopted: November 24, 1981
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, Geoffrey L.
Gray, who having been sworn states that he is Advertising Direc-
5194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tor for the Albany Herald Publishing Company, Inc., that the
Albany Herald Publishing Company, Inc., is the publisher of the
Albany Herald, a daily newspaper of general circulation in the
City of Albany, and the paper in which the Sheriff's advertise-
ments for Dougherty County, Georgia, are published, and that
the legal notice, a copy of which is attached hereto was pub-
lished in the Albany Herald once a week for three weeks on
the following dates: October 23rd, 30th and November 6th, 1981.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me this 2nd day of December,
1981.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1985
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 amend the charter of the City
of Albany so as to authorize the establishment of liens for gar-
bage and refuse collection and other services and expenditures.
A copy of said ordinance is on file in the Office of the Clerk of
the City of Albany, Georgia, and a copy thereof is also on file in
the Office of the Clerk of the Superior Court of Dougherty
County, Georgia, and such ordinance is available at either of
said places for the purpose of examination or inspection by the
public.
City of Albany, Georgia
By: James V. Davis
City Attorney
Filed in the Office of Secretary of State December 7, 1981.
GEORGIA LAWS 1982 SESSION
5195
CITY OF ATLANTABUREAU OF VEHICLES FOR HIRE.
An Ordinance adopted under and by virtue of the authority of
the Municipal Home Rule Act of 1965, (Ga. L. 1965, P. 298 et
seq.), as amended, to amend Article VIII, (known as the Reor-
ganization ordinance of March 7, 1974) of the Charter of the
City of Atlanta, Ga. L. 1973, P. 2188 et seq., approved March 16,
1973, as amended, so as to provide for the creation of an addi-
tional bureau in the Department of Public Safety to be entitled
Bureau of Vehicles for Hire; to repeal conflicting laws and or-
dinances; and for other purposes.
Be it ordained and enacted by the Council of the City of At-
lanta, as follows:
Section 1. That Article VIII (known as the reorganization
Ordinance of March 7, 1974) of the Charter of the City of At-
lanta (Ga. L. 1973, p. 2188 et. seq., approved March 16, 1973), as
amended, is hereby amended by adding at the end of Section 8-
121, which currently reads as follows:
The department of public safety shall consist of the fol-
lowing bureaus:
(1) Bureau of police services;
(2) Bureau of fire services;
(3) Bureau of civil defense; and
(4) Bureau of correctional services.
a subsection (5), Bureau of vehicles for hire, so that said sec-
tion shall read as follows:
The department of public safety shall consist of the fol-
lowing bureaus:
(1) Bureau of police services;
(2) Bureau of fire services;
5196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Bureau of civil defense;
(4) Bureau of correctional services; and
(5) Bureau of vehicles for hire.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973), as amended, shall be filed in the Office of the
Clerk of Council and in the Offices of the Clerks of the Superior
Courts of Fulton County and Dekalb County and that Notice
of Proposed Amendment to Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and make a part of this Or-
dinance, be published once a week for three weeks in a newspa-
per 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 and provided that such final
adoption shall only take place during the week immediately suc-
ceeding the week in which the last advertisement was published.
Section 3. That all laws and parts of laws and ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Adopted as amended by Atlanta City Council March 5, 1981
approved March 14, 1981.
Exhibit A
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend Article VIII (known as the Reorganization Ordinance
of March 7, 1974) of the Charter of the City of Atlanta, Ga. L.
1973, P. 2188 et seq., approved March 16, 1973, as amended, so
as to provide for the creation of an additional bureau in the De-
partment of Public Safety to be entitled Bureau of Taxicabs
and For-Hire Vehicles; to repeal conflicting laws and ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the Office of
GEORGIA LAWS 1982 SESSION
5197
the Clerk of Council of the City of Atlanta and in the offices of
the Clerks of the Superior Courts of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This____day of________, 1980.
/s/ Larry 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 on
February 12, 19 and 26, 1981.
/s/ Suzanne A. Culver
/s/ Anne S. McGlan
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Sworn to and subscribed before me, this 2nd day of March,
1981.
Publishers Certificate
State of Georgia
County of DeKalb
5198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publsher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of City of Atlanta Charter
Amendment; Section 1-3, a true copy of which is hereto an-
nexed, was published in said newspaper in its issue of the 12, 19,
26th day of February, 1981 Gerald W. Crane, Co-Publisher (by)
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 26th day of February,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires, Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend Article VIII (known as the Reorganization Ordinance
of March 7, 1974) of the Charter of the City of Atlanta, Ga. L.
1973, P. 2188 et seq., approved March 16, 1973, as amended, so
as to provide for the Creation of an additional bureau in the
Deartment of Public Safety to be entitled Bureau of Taxicabs
and For-Hire Vehicles; 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 Coun-
ties, Georgia for purposes of examination and inspection by the
public.
GEORGIA LAWS 1982 SESSION
5199
This 3rd day of February, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
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 VIII (known as the Reorganization Ordinance
of March 7, 1974) of the Charter of the City of Atlanta, Ga. L.
1973, P. 2188 et. seq. approved March 16, 1973, as amended, so
as to provide for the Creation of an additional bureau in the
Department of Public Safety to be entitled Bureau of Taxicabs
and For-Hire Vehicles; 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 office of
the Clerks of the Superior Courts of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This 3rd day of February, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State March 23, 1981.
CITY OF ATLANTACOUNCIL DISTRICTS.
An Ordinance adopted under and by virture of the Municipal
Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq. Ga.
Code Ann. 69-1017, et seq.), as amended, so as to amend Sec-
tion 5-201 of the 1973 Charter of the City of Atlanta (Ga. Laws
5200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1973, p. 2188, et seq.), as amended, by adding a subsection (b) to
said Section 5-201 providing for the reapportionment of the
Council Districts of the City of Atlanta pursuant to the author-
ity of S.B. 316, Act No. 121, approved by the governor of the
State of Georgia on March 25, 1981, relating to the authority of
municipalities to reapportion council or commission districts
under certain specified conditions; to repeal conflicting charter
provisions; and for other purposes.
Be and it is hereby ordained by the Council of the City of
Atlanta, as follows:
Section 1. Pursuant to the authority vested in municipalities
generally by S.B. 316, Act No. 121, approved by the Governor of
the State of Gerogia on March 25, 1981, relating to the authority
of municipalities to reapportion council and commission districts
under certain specified conditions, Section 5-201 of the 1973
Charter of the City of Atlanta is hereby amended by numbering
the present Section 5-201 as Section 5-201 (a) and adding a sub-
section (b) to said Section 5-201 which shall provide as follows:
(b) Pursuant to Section 5-202 of the 1973 Charter of the
City of Atlanta, as amended, the council districts are hereby
reapportioned as set forth in Appendix III of this Charter.
Said Appendix is incorporated herein by reference as if fully
set forth in this subsection.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973), as amended, shall be filed in the Office of the
Clerk of Council and in the Offices of the Clerks of the Superior
Court of Fulton County and DeKalb County and that Notice of
Proposed Amendment to the Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this Or-
dinance, be published once a week for three weeks in a newspa-
per 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 3. That all laws and parts of laws and ordinances
GEORGIA LAWS 1982 SESSION
5201
and parts of ordinances in conflict herewith are hereby repealed.
Adopted by City Council April 20, 1981
Approved by the Mayor April 21, 1981
Exhibit A
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-201 of the Charter of the City of Atlanta,
Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the reapportionment of council
districts in the City of Atlanta; to repeal conflicting ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This____day of_______, 1981.
/s/ Larry Dingle, Clerk of Council
City of Atlanta
5202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
APPENDIX III
CITY OF ATLANTA, GEORGIA
1980 CENSUS BY DISTRICT
District 1
District 2
District 3
District 4
District 5
District 6
District 7
District 8
District 9
District 10
District 11
District 12
TOTAL
POPULATION
36,170
35,052
35,152
34,704
35,591
35,392
36,619
34,698
34,852
36,036
35,713
34,882
424,861
Largest District - (District 7)
Lowest District .-..(District 9)
DIFFERENCE
WHITE
11,225
5,551
861
1,908
3,782
31,242
33,693
33,118
1,896
333
2,809
11,344
36,619
34,852
1,767
(31%)
(15.8%)
(2.4%)
(5.5%)
(10.6%)
(88.3%)
(92%)
(95.5%)
(5.4%)
(0.9%)
(5.5%)
(32.5%)
137,708 (32.4%)
NON-WHITE
24,945
29,501
34,291
32,796
31,809
4,150
2,926
1,580
32,956
35,703
32,904
23,538
287,314
(69%)
(84.2%)
(97.6%)
(94.5%)
(89.4%)
(11.7%)
(8%)
(4.5%)
(94.6%)
(99.1%)
(94.5%)
(67.5%)
(67.6%)
All districts are within 2.5% of the median Council district population of 35,419.
DISTRICT 1
TRACT
52 *
50 *
49.95*
53
69
64
55.02
67 *
68.01*
68.02
71
70 *
*52
*50
*49.95
*67
*70
POPULATION
2,757
1,482
1,277
3,328
3,500
2,550
4,424
4,799
1,286
1,902
4,925
3,940
36,170
WHITE
2,108
1,219
874
1,233
1,660
912
101
948
647
6
125
1,395
NON-WHITE
649
263
430
2,095
1,840
1,638
4,323
3,851
639
1,896
4,800
2,545
11,225 (31%)
24,945 (69%)
Includes Blocks 201 thru 209, 301 thru 311, 401 thru 410, 501 thru 515
Includes Blocks 112 thru 115, 201 thru 203, 208 thru 220, 304 thru 312
Includes Blocks 401 thru 418, 501 thru 510, 602 thru 613
Includes Blocks 102 thru 113, 201 thru 209, 301 thru 315, 401 thru 410,
501 thru 507, 605 thru 611, 701 thru 713
Includes Blocks 102 thru 110, 201 thru 210, 302 thru 308, 401 thru 408,
701 thru 715.
GEORGIA LAWS 1982 SESSION
5203
DISTRICT 2
TRACT
16
30
17
29
18
19
20
21
28
27
26
36
37
43 *
38 *
35 *
33 *
48
49.95*
55.01
56
44
46.95
POPULATION
1,031
1,626
3,083
1,674
1,488
670
1,550
2,272
2.169
755
1,694
615
1.169
1,092
442
703
1,453
1,937
848
3,025
1,752
2,717
1,287
WHITE
917
1,403
322
35
64
508
632
527
283
485
7
8
3
2
1
130
3
77
16
31
61
9
27
NON-WHITE
114
223
2,761
1,639
1,424
162
918
1,745
1,886
270
1,687
607
1,166
1,090
441
573
1,450
1,860
832
2,994
1,691
2,708
1,260
35,052
5,551 (15.8%)
29,501
*43 Includes Blocks 101 thru 110, 201 thru 203
*38 Excludes Blocks 505, 506
*35 Includes Blocks 101, 102, 105, 204
*33 Includes Blocks 402 thru 413
*49.95 Includes Blocks 101 thru 108, 201 thru 206, 301 thru 306
(84.2%)
5204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT 3
TRACT
POPULATION
WHITE
NON-WHITE
22
23
24
25
7
8
83.01
83.02
84
85 *
40 *
2,330
3,641
3,309
4,828
2,298
2,175
4,215
3,917
5,748
2,490
191
35,152
4
11
5
8
702
56
9
16
29
21
0
861 (2.4%)
2,326
3,630
3,304
4,820
1,596
2,119
4,206
3,901
5,719
2,469
191
34,291
*85 Includes Blocks 102 thru 115, 201, 202
*40 Includes Blocks 406 thru 410
DISTRICT 4
TRACT
43 *
38 *
80 *
40 *
39
41
42.95
62
61
66.02*
58
57
63
60 *
*43
*38
*80
*40
*60
POPULATION
879
3,242
3,682
2,635
2,885
2,660
2,437
1,897
5,344
1,578
1,868
1,559
2,765
1,273
34,704
WHITE
0
7
193
24
26
158
303
238
189
190
388
16
148
28
1,908 (5.5%)
NON-WHITE
879
3,235
3,489
2,611
2,859
2,502
2,134
1,659
5,155
1,388
1,480
1,543
2,617
1,245
32,796
Includes Blocks 204 thru 206, 304 thru 308
Excludes Blocks 505, 506
Includes Blocks 101 thru 106, 201 thru 209, 301 thru 308
Excludes Blocks 406 thru 410
Includes Blocks 401 thru 413
(97.6%)
(94.5%)
GEORGIA LAWS 1982 SESSION
5205
DISTRICT 5
TRACT POPULATION WHITE NON-WHITE
205 4,485
206 1,509
207 3,243
208 11,386
209 8,059
31 2,195
32 1,659
33 * 1,487
35 * 5
52 * 1,077
50 * 486
35,591
*35 Includes Blocks 101
*50 Includes Blocks 101
*52 Includes Blocks 101
*33 Includes Blocks 101
66
5
24
494
1,250
117
1,043
9
0
315
459
3,782 (10.6%)
102, 105, 204
thru 111, 204 thru 207, 221, 222
thru 117
thru 109, 201 thru 209, 301 thru 307
4,419
1,504
3,219
10,892
6,809
2,078
616
1,478
5
762
27
31,809
(89.4%)
DISTRICT 6
TRACT
POPULATION
WHITE
NON-WHITE
202
203
204
201
92
94
1
2
13
14
15
11
12
4
2,024
3,022
2,268
1,286
3,168
4,603
3,739
4,602
3,663
1,268
3,942
229
1,578
0
35,392
1,893
2,441
1,918
1,247
2,986
4,045
3,686
4,396
2,651
1,061
3,402
187
1,329
0
31,242 (88.3%)
131
581
350
39
182
558
53
206
1,012
207
540
42
249
0
4,150 (11.7%)
*11 Includes Blocks 105 thru 107
*12 Includes Blocks 101 thru 103, 205 thru 210, 309 thru 311, 401 thru 403, 412,
501 thru 506.
*4 Includes Block 101, 201
5206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT 7
TRACT
POPULATION
WHITE
NON-WHITE
100
96
93
91
5
11 *
12 *
10.95 *
4 *
101.01*
6,182
7,325
4,435
6,390
2,586
1,419
2,267
3,921
1,933
161
36,619
6,090
6,878
4,227
5,963
2,458
916
1,699
3,501
1,800
161
33,693 (92%)
92
447
208
427
128
503
568
420
133
0
2,926 (8%)
*4 Excludes Block 101, 201
*11 Excludes Blocks 105 thru 107
*12 Excludes Blocks 101 thru 103, 205 thru 210, 309 thru 311, 401 thru 403, 412,
501 thru 506
*10.95 Excludes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709
DISTRICT 8
TRACT
102.01
99
98
97
95
90
89
6
88 *
10.95*
POPULATION
858
3,517
6,042
2,858
6,124
3,166
8,573
1,278
1,103
1,179
WHITE
834
3,462
5,911
2,739
6,056
3,076
7,910
1,172
934
1,024
34,698
33,118 (95.5%)
NON-WHITE
24
55
131
119
68
90
663
106
169
155
1,580
(4.5%)
*10.95 Includes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709
*88 Includes Blocks 101 thru 122, 201 thru 205, 209, 215
GEORGIA LAWS 1982 SESSION
5207
TRACT
88 *
87.01
87.02
86.02
86.01
85 *
82.01*
82.02
*88
*85
*82.01
TRACT
81.02
81.01
60 *
82.01*
78.03
78.04
79 *
*60
*82.01
*79
TRACT
79 *
80 *
76.02*
76.01*
77.01
77.02
78.02
103
*79
*80
*76.01
*76.02
DISTRICT 9
POPULATION
2,083
3,821
4,888
4,061
6,845
3,590
4,375
5,189
34,852
WHITE
1,555
3
86
64
88
61
26
___13
1,896
NON-WHITE
528
3,818
4,802
3,997
6,757
3,529
4,349
5,176
32,956 (94.6%)
(5.4%)
Excludes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709
Excludes Blocks 102 thru 115, 201, 202
Includes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 129
thru 141.
DISTRICT 10
POPULATION
7,066
1,413
3,721
2,544
7,859
9,409
4,024
WHITE
11
23
101
11
53
39
95
333 (0.9%)
NON-WHITE
7,055
1,390
3,620
2,533
7,806
9,370
3,929
36,036 333 (0.9%) 35,703 (99.1%)
Excludes Blocks 401 thru 413
Excludes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 119
thru 141
Excludes Blocks 105 thru 108, 201, 202
DISTRICT 11
POPULATION
1,043
3,155
2,802
6,616
9.435
6,844
3,910
1,908
35,713
WHITE
NON-WHITE
990
2,969
2,618
5,996
8,928
6,156
3,391
1,856
(5.5%)
32,904 (94.5%)
Includes Blocks 105 thru 108, 201, 202
Excludes Blocks 101 thru 106, 201 thru 209, 301 thru 308
Excludes Blocks 101 thru 104, 901
Excludes Blocks 101 thru 105
5208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT 12
TRACT
76.01*
76.02*
66.01
65
67 *
75
70 *
73 *
72
74
*76.01
*76.02
*67
*70
POPULATION
1,207
299
2,285
4,636
333
3,812
5,030
7,123
6,945
3,212
34,882
WHITE
509
62
1,414
1,823
297
2,521
1,358
893
815
1,622
11,344 (32.5%)
NON-WHITE
698
237
871
2,813
36
1,291
2,184
6,230
6,130
1,590
23,538 (67.5%)
Includes Blocks 101 thru 104, 901
Includes Blocks 101 thru 105
Includes Blocks 508 thru 510, 612 thru 616
Includes Blocks 301, 409 thru 411, 501 thru 510, 601 thru 619
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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Notice of Proposed
AmendmentSection 5-201, a true copy of which is hereto an-
nexed, was published in said newspaper in its issue of the 2, 9,
16th day of April 1981.
/s/ Gerald W. Crane, Co-Publisher
/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 16th day of April,
GEORGIA LAWS 1982 SESSION
5209
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-201 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the reapportionment of council
districts in the City of Atlanta; to repeal conflicting ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This 30th day of March, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Public,
who after being duly sworn, states under oath that he/she is the
representative of Atlanta Newspapers, Proprietors of The At-
lanta Journal (Daily Evening), The Atlanta Constitution (Daily
Morning), The Atlanta Journal and The Atlanta Constitution
(Saturday), and The Atlanta Journal and The Atlanta Constitu-
tion (Sunday), Newspapers of general circulation published in
5210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the City of Atlanta, Georgia, and who further states under oath
that the advertisement attached hereto and made a part of this
affidavit appeared in the Atlanta Constitution on April 2, 9, and
16th, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me this 27th day of April, 1981.
/s/ Anne S. McGlan
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-201 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the reapportionment of council
districts in the City of Atlanta, to repeal conflicting ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton, and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This 30th day of March 1982.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
GEORGIA LAWS 1982 SESSION
5211
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Notice of Proposed
AmendmentSection 5-201, a true copy of which is hereto an-
nexed, was published in said newspaper in its issue of the 2, 9,
16th day of April 1981.
/s/ Gerald W. Crane, Co-Publisher
/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 16th day of April,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-201 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the reapportionment of council
districts in the City of Atlanta; to repeal conflicting ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
5212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 30th day of March, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
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 3, 9, & 16 days of April, 1981. As
provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 22 day of April, 1981
/s/ Rebecca E. Booze
Notary Public, Georgia, State at Large
My Commission Expires December 8, 1984
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend Section 5-201 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the reapportionment of council
districts in the City of Atlanta; to repeal conflicting ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the office of
the Clerk of Council of the City of Atlanta and in the offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
GEORGIA LAWS 1982 SESSION
5213
public.
This 30th day of March, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State, May 4, 1981.
CITY OF ATLANTACOUNCIL DISTRICTS.
An ordinance adopted under and by virtue of the authority of
the Municipal Home Rule Act of 1965, (Ga. L. 1965, P. 298, et
seq.), as amended, to amend Chapter 2, Section 5-202 of the
Charter of the City of Atlanta, Georgia, Ga. L. 1973, P. 2188, et
seq., approved March 16, 1973, as amended, so as to strike in its
entirety said section 5-202, relating to reapportionment of coun-
cil districts, and to insert in lieu thereof a new Section 5-202; to
repeal conflicting laws and ordinances; and for other purposes.
Be it ordained and enacted by the Council of the City of At-
lanta, as follows:
Section 1. That Chapter 2, Section 5-202 of the Charter of
the City of Atlanta, Georgia (Ga. L. 1973, p. 2188, et seq., ap-
proved March 16, 1973), as amended, is hereby amended by
striking in its entirety Section 5-202 which reads as follows:
Section 5-202 Reapportionment of council districts.
(a) The council shall be required to reapportion the coun-
cil district boundaries not later than six (6) months prior to
the general municipal election following publication of the
official federal decennial census of population. Every reap-
portionment of council district shall apply to the election of
council members to be elected at the next regular general
5214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
municipal election next following its adoption.
(b) The council shall by ordinance reapportion the council
district to comply with the following specifications:
(1) Each council district shall be formed of contiguous ter-
ritory, and its boundary lines shall be the center lines of
streets or other well-defined boundaries.
(2) Such council districts shall be as nearly equal in popu-
lation as is practicable.
(c) In addition to the requirement on reapportionment
contained in subsection (a), the mayor and council shall have
power to make changes in the council district lines after the
first Monday in January, 1974, whenever it is deemed advisa-
ble to contract or extend them, for the benefit of the citizens
thereof, provided that the council district lines when rear-
ranged shall not include more than 12 districts and shall
comply with the provisions of subsection (b). (Ga. L. 1973, p.
2188)
and inserting in lieu thereof a new Section 5-202 to read as
follows:
Section 5-202 Reapportionment of council districts.
(a) Subject to the limitations of state law, the council shall
reapportion the council districts from which members of the
council are elected following publication of the 1980 United
States decennial census or any future such census. Such re-
apportionment of districts shall be effective for the election
of members to the council at the next regular general munici-
pal election following the publication of the decennial census.
(b) The council shall reapportion the council districts in
accordance with the following specifications:
(1) Each reapportioned district shall be formed of contigu-
ous territory, and the boundary lines of said district shall be
the center lines of streets or other well-defined boundaries;
GEORGIA LAWS 1982 SESSION
5215
(2) Variation in population between such districts shall
comply with the one person-one vote requirements of the
United States Constitution; and
(3) The reapportionment shall be limited to adjusting the
boundary lines of the existing districts only to the extent rea-
sonably necessary to comply with the requirements of para-
graph (2) above, and the number of members of the council
and the manner of electing such members, except for the ad-
justment of district boundary lines, shall not be changed by
the council.
(c) In addition to the reapportionment following publica-
tion of the decennial census, the council shall reapportion
districts pursuant to this Section if the annexation of addi-
tional territory to the corporate boundaries of the City of At-
lanta has the effect of denying electors residing within the
newly annexed territory the right to vote for the election of
members of the council on substantially the same basis that
the other electors of the City of Atlanta vote for members of
the council. The reapportionment provided for herein shall
meet the criteria specified in subseciton (b) of this Section
and shall be further limited to making only those adjust-
ments in district boundary lines as may be reasonably neces-
sary to include the newly annexed territory within such dis-
tricts. Reapportionment under this subsection shall be
effective for the next regular general municipal election fol-
lowing the annexation.
(d) The boundaries of the council districts reapportioned
pursuant to this Section shall be specifically described and
set forth as an addendum to Appendix III hereof.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973), as amended, shall be filed in the Office of the
Clerk of Council and in the Offices of the Clerks of the Superior
Courts of Fulton County and Dekalb County and that Notice
of Proposed Amendment to Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this Or-
dinance, be published once a week for three weeks in a newspa-
per of general circulation of the City of Atlanta and in the
5216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 3. That all laws and parts of laws and ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Adopted by City Council April 20, 1981
Approved by the Mayor April 21, 1981
Exhibit A
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-202 of the Charter of the City of Atlanta,
(Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the repeal of the existing Section
5-202 and to insert in lieu thereof a new Section 5-202 providing
for the authority of the Council of the City of Atlanta to reap-
portion council districts; to establish notice for said reapportion-
ment; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This____day of_________, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
GEORGIA LAWS 1982 SESSION
5217
APPENDIX III
CITY OF ATLANTA, GEORGIA
1980 CENSUS BY DISTRICT
District 1
District 2
District 3
District 4
District 5
District 6
District 7
District 8
District 9
District 10
District 11
District 12
TOTAL
POPULATION
36,170
35,052
35,152
34,704
35,591
35,392
36,619
34,698
34,852
36,036
35,713
34,882
424,861
(District 7)
(District 9)
DIFFERENCE
Largest District
Lowest District
WHITE
11,225
5,551
861
1,908
3,782
31,242
33,693
33,118
1,896
333
2,809
11,344
36,619
34,852
(31%)
(15.8%)
(2.4%)
(5.5%)
(10.6%)
(88.3%)
(92%)
(95.5%)
(5.4%)
(0.9%)
(5.5%)
(32.5%)
137,708 (32.4%)
NON-WHITE
24,945
29,501
34,291
32,796
31,809
4,150
2,926
1,580
32,956
35,703
32,904
23,538
287,314
(69%)
(84.2%)
(97.6%)
(94.5%)
(89.4%)
(11.7%)
(8%)
(4.5%)
(94.6%)
(99.1%)
(94.5%)
(67.5%)
(67.6%)
1,767
All districts are within 2.5% of the median Council district population of 35,419.
DISTRICT 1
TRACT
52 *
50 *
49.95*
53
69
64
55.02
67 *
68.01*
68.02
71
70 *
*52
*50
*49.95
*67
POPULATION
2,757
1,482
1,277
3,328
3,500
2,550
4,424
4,799
1,286
1,902
4,925
3,940
36,170
WHITE
2,108
1,219
874
1,233
1,660
912
101
948
647
6
125
1,395
NON-WHITE
649
263
430
2,095
1,840
1,638
4,323
3,851
639
1,896
4,800
2,545
11,225 (31%)
24,945 (69%)
*70
Includes Blocks 201 thru 209, 301 thru 311, 401 thru 410, 501 thru 515
Includes Blocks 112 thru 115, 201 thru 203, 208 thru 220, 304 thru 312
Includes Blocks 401 thru 418, 501 thru 510, 602 thru 613
Includes Blocks 102 thru 113, 201 thru 209, 301 thru 315, 401 thru 410,
501 thru 507, 605 thru 611, 701 thru 713
Includes Blocks 102 thru 110, 201 thru 210, 302 thru 308, 401 thru 408,
701 thru 715.
5218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT 2
TRACT
16
30
17
29
18
19
20
21
28
27
26
36
37
43 *
38 *
35 *
33 *
48
49.95*
55.01
56
44
46.95
*43
*38
*35
*33
*49.95
POPULATION
1,031
1,626
3,083
1,674
1,488
670
1,550
2,272
2.169
755
1,694
615
1.169
1,092
442
703
1,453
1,937
848
3,025
1,752
2,717
1,287
WHITE
917
1,403
322
35
64
508
632
527
283
485
7
8
3
2
1
130
3
77
16
31
61
9
27
35,052
5,551 (15.8%)
NON-WHITE
114
223
2,761
1,639
1,424
162
918
1,745
1,886
270
1,687
607
1,166
1,090
441
573
1,450
1,860
832
2,994
1,691
2,708
1,260
29,501
Includes Blocks 101 thru 110, 201 thru 203
Excludes Blocks 505, 506
Includes Blocks 101, 102, 105, 204
Includes Blocks 402 thru 413
Includes Blocks 101 thru 108, 201 thru 206, 301 thru 306
(84.2%)
GEORGIA LAWS 1982 SESSION
5219
TRACT
22
23
24
25
7
8
83.01
83.02
84
85 *
40 *
*85
*40
TRACT
43 *
38 *
80 *
40 *
39
41
42.95
62
61
66.02*
58
57
63
60 *
*43
*38
*80
*40
*60
DISTRICT 3
POPULATION WHITE
2,330 4
3,641 11
3,309 5
4,828 8
2,298 702
2,175 56
4,215 9
3,917 16
5,748 29
2,490 21
191 0
35,152 861
NON-WHITE
2,326
3,630
3,304
4,820
1,596
2,119
4,206
3,901
5,719
2,469
191
(2.4%) 34,291 (97.6%)
Includes Blocks 102 thru 115, 201, 202
Includes Blocks 406 thru 410
DISTRICT 4
POPULATION WHITE
879 0
3,242 7
3,682 193
2,635 24
2,885 26
2,660 158
2,437 303
1,897 238
5,344 189
1,578 190
1,868 388
1,559 16
2,765 148
1,273 28
34,704 1,908
NON-WHITE
879
3,235
3,489
2,611
2,859
2,502
2,134
1,659
5,155
1,388
1,480
1,543
2,617
1,245
(5.5%) 32,796 (94.5%)
Includes Blocks 204 thru 206, 304 thru 308
Excludes Blocks 505, 506
Includes Blocks 101 thru 106, 201 thru 209, 301 thru 308
Excludes Blocks 406 thru 410
Includes Blocks 401 thru 413
5220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT 5
TRACT
205
206
207
208
209
31
32
33 *
35 *
52 *
50 *
*35
*50
*52
*33
POPULATION
4,485
1,509
3,243
11,386
8,059
2,195
1,659
1,487
5
1,077
486
35,591
WHITE
66
5
24
494
1,250
117
1,043
9
0
315
459
3,782 (10.6%)
NON-WHITE
4,419
1,504
3,219
10,892
6,809
2,078
616
1,478
5
762
27
31,809
Includes Blocks 101 102, 105, 204
Includes Blocks 101 thru 111, 204 thru 207, 221, 222
Includes Blocks 101 thru 117
Includes Blocks 101 thru 109, 201 thru 209, 301 thru 307
(89.4%)
DISTRICT 6
TRACT
202
203
204
201
92
94
1
2
13
14
15
11 *
12 *
4 *
*11
*12
POPULATION
2,024
3,022
2,268
1,286
3,168
4,603
3,739
4,602
3,663
1,268
3,942
229
1,578
0
35,392
WHITE
1,893
2,441
1,918
1,247
2,986
4,045
3,686
4,396
2,651
1,061
3,402
187
1,329
0
31,242 (88.3%)
NON-WHITE
131
581
350
39
182
558
53
206
1,012
207
540
42
249
0
4,150 (11.7%)
Includes Blocks 105 thru 107
Includes Blocks 101 thru 103, 205 thru 210, 309 thru 311, 401 thru 403, 412,
501 thru 506.
Includes Block 101, 201
GEORGIA LAWS 1982 SESSION
5221
DISTRICT 7
TRACT
100
96
93
91
5
11
12 *
10.95 *
4 *
101.01*
*4
*11
*12
POPULATION
6,182
7,325
4,435
6,390
2,586
1,419
2,267
3,921
1,933
161
36,619
WHITE
6,090
6,878
4,227
5,963
2,458
916
1,699
3,501
1,800
161
33,693 (92%)
NON-WHITE
92
447
208
427
128
503
568
420
133
0
2,926 (8%)
Excludes Block 101, 201
Excludes Blocks 105 thru 107
Excludes Blocks 101 thru 103, 205 thru 210, 309 thru 311, 401 thru 403, 412,
501 thru 506
*10.95 Excludes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709
DISTRICT 8
TRACT
102.01
99
98
97
95
90
89
6
88 *
10.95*
*10.95
*88
POPULATION
858
3,517
6,042
2,858
6,124
3,166
8,573
1,278
1,103
1,179
34,698
WHITE
834
3,462
5,911
2,739
6,056
3,076
7,910
1,172
934
1,024
33,118 (95.5%)
NON-WHITE
24
55
131
119
68
90
663
106
169
155
1,580
(4.5%)
Includes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709
Includes Blocks 101 thru 122, 201 thru 205, 209, 215
5222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT
88 *
87.01
87.02
86.02
86.01
85 *
82.01*
82.02
*88
*85
*82.01
TRACT
81.02
81.01
60 *
82.01*
78.03
78.04
79 *
*60
*82.01
*79
TRACT
79 *
80 *
76.02*
76.01*
77.01
77.02
78.02
103
*79
*80
*76.01
*76.02
DISTRICT 9
POPULATION
2,083
3,821
4,888
4,061
6,845
3,590
4,375
5,189
WHITE
34,852
1,896 (5.4%)
NON-WHITE
528
3,818
4,802
3,997
6,757
3,529
4,349
5,176
32,956 (94.6%)
Excludes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709
Excludes Blocks 102 thru 115, 201, 202
Includes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 129
thru 141.
DISTRICT 10
POPULATION
7,066
1,413
3,721
2,544
7,859
9,409
4,024
WHITE
11
23
101
11
53
39
95
NON-WHITE
7,055
1,390
3,620
2,533
7,806
9,370
3,929
35,703 (99.1%)
36,036 333 (0.9%)
Excludes Blocks 401 thru 413
Excludes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 119
thru 141
Excludes Blocks 105 thru 108, 201, 202
DISTRICT 11
POPULATION
1,043
3,155
2,802
6,616
9.435
6,844
3,910
1,908
35,713
WHITE
53
186
184
620
507
688
519
___52
2,809 (5.5%)
NON-WHITE
990
2,969
2,618
5,996
8,928
6,156
3,391
1,856
32,904 (94.5%)
Includes Blocks 105 thru 108, 201, 202
Excludes Blocks 101 thru 106, 201 thru 209, 301 thru 308
Excludes Blocks 101 thru 104, 901
Excludes Blocks 101 thru 105
GEORGIA LAWS 1982 SESSION
5223
DISTRICT 12
TRACT
76.01*
76.02*
66.01
65
67 *
75
70 *
73 *
72
74
*76.01
*76.02
*67
*70
POPULATION
1,207
299
2,285
4,636
333
3,812
5,030
7,123
6,945
3,212
34,882
WHITE
509
62
1,414
1,823
297
2,521
1,358
893
815
1,622
11,344 (32.5%)
NON-WHITE
698
237
871
2,813
36
1,291
2,184
6,230
6,130
1,590
23,538 (67.5%)
Includes Blocks 101 thru 104, 901
Includes Blocks 101 thru 105
Includes Blocks 508 thru 510, 612 thru 616
Includes Blocks 301, 409 thru 411, 501 thru 510, 601 thru 619
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 Constitu-
tion (Saturday), and The Atlanta Journal and The Atlanta Con-
stitution (Sunday), Newspapers of general circulation published
in the City of Atlanta, Georgia, and who further states under
oath that the advertisement attached hereto and made a part of
this affidavit appeared in the Atlanta Constitution on April 2, 9,
and 16th, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me, this 27th day of April,
5224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1981.
/s/ Anne S. McGlan
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-202 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the repeal of the existing Section
5-202 and to insert in lieu thereof a new Section 5-202 providing
for the authority of the Council of the City of Atlanta to reap-
portion council districts; to establish notice for said reapportion-
ment; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton, and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This 30th day of March 1981.
/s/ Larry 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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Gerogia who, being duly
sworn, states on oath that the report of Notice of Proposed
AmendmentSection 5-202, a true copy of which is hereto an-
GEORGIA LAWS 1982 SESSION
5225
nexed, was published in said newspaper in its issue of the 2, 9,
16th day of April 1981.
/s/ Gerald W. Crane, Co-Publisher
/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 16th day of April,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Section 5-202 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the repeal of the existing Section
5-202 and to insert in lieu thereof a new Section 5-202 providing
for the authority of the Council of the City of Atlanta to reap-
portion council districts; to establish notice for said reapportion-
ment; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of Council of the City of Atlanta and in the Offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This 30th day of March, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
5226 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 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 3, 9, & 16 days of April, 1981. As
provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 22 day of April, 1981.
/s/ Rebeccca E. Booze
Notary Public, Georgia, State at Large
My Commission Expires December 8, 1984
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend Section 5-202 of the Charter of the City of Atlanta,
(Ga. L. 1973, p. 2188, et seq.), approved March 16, 1973, as
amended, so as to provide for the repeal of the existing Section
5-202 and to insert in lieu thereof a new Section 5-202 providing
for the authority of the the Council of the City of Atlanta to
reapportion council districts; to establish notice for said reap-
portionment; to repeal conflicting ordinances; and for other
purposes.
A copy of the proposed amendment is on file in the office of
the Clerk of Council of the City of Atlanta and in the offices of
the Clerks of the Superior Court of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
GEORGIA LAWS 1982 SESSION
5227
This 30th day of March, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
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 12, 19, & 26 days of February,
1981. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 17 day of March,
1981.
/s/ Rebeccca E. Booze
Notary Public, Georgia, State at Large
My Commission Expires December 8, 1984
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 VIII (known as the Reorganization Ordinance
of March 7, 1974) of the Charter of the City of Atlanta, Ga. L.
1973, P. 2188 et seq., approved March 16, 1973, as amended, so
as to provide for the creation of an additional bureau in the De-
partment of Public Safety to be entitled Bureau of Taxicabs
and For-Hire Vehicles; to repeal conflicting laws and ordi-
nances; and for other purposes.
A copy of the proposed amendment is on file in the Office of
5228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Clerk of Council of the City of Atlanta and in the offices of
the Clerks of the Superior Courts of Fulton and DeKalb Coun-
ties, Georgia, for purposes of examination and inspection by the
public.
This 3 day of February, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State, March 23, 1981.
CITY OF ATLANTACOMPENSATION OF COUNCIL.
An Ordinance to amend the Charter of the City of Atlanta,
(Ga. L. 1973, P. 2188, approved March 16, 1973), so as to amend
Section 2-104 of the Charter of the City of Atlanta, Geogia, in
order to increase the compensation for the office of
councilmember from $8,800.00 to $12,500.00 per annum; so as to
provide for the publication in a newspaper of general circulation
with respect to such proposed increase; to repeal conflicting
laws; and for other purposes.
Be and it is hereby ordained by the Council of the City of
Atlanta, as follows:
Section 1, That Section 2-104 of the Charter of the City of
Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973),
as amended, is hereby amended by repealing said section in its
entirety and by substituting in lieu thereof a new section which
shall read as follows:
The compensation for the office of Councilmember shall be
$12,500.00 per annum.
Section 2. That a copy of this proposed amendment to the
GEORGIA LAWS 1982 SESSION
5229
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973, as amended, shall be filed in the Office of the
Clerk of Council and in the Office of the Clerk of the Superior
Court of Fulton County and DeKalb County that Notice of
Proposed Amendment to Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this Or-
dinance, be published once a week for three weeks in a newspa-
per of general circulation in the City of Atlanta and the official
organ of Fulton County and that a copy of said advertisement be
attached to this Ordinance prior to its final adoption by the
Council of the City of Atlanta and provided that such final
adoption shall only take place during the week immediately suc-
ceeding the week in which the last advertisement was published.
Section 3. All laws and parts of laws in conflict herewith are
hereby repealed.
Adopted as amended by Atlanta City Council May 18, 1981
Returned to Office of Clerk of Council without Mayors
signature.
Approved per Section 2-403 of the 1974 Charter
Exhibit A
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Section 2-104 in
order to increase the compensation for the office of
Councilmember from $8,800.00 to $15,000.00 per annum; so as to
provide for the publication in a newspaper of general circulation
with respect to such proposed increase; to repeal conflicting
laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
5230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion by the public.
This the________day of
., 1981.
Clerk of Council
City of Atlanta
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 30 days of April, 1981,
and on the 7 & 14 days of May, 1981. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 19 day of May, 1981
/s/ Rebecca E. Booze
Notary Public, Georgia State at Large
My Commission Expires December 8, 1984
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Section 2-104 in
order to increase the compensation for the office of
Councilmember from $8,800.00 to $15,000.00 per annum; so as to
provide for the publication in a newspaper of general circulation
with respect to such proposed increase; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
5231
A copy of the proposed amendment to the Charter is on file in
the office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 21st day of April, 1981.
/s/ 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 or for said county and State, Gerald Wm. Crane, co-pub-
lisher of Decatur-DeKalb News/Era, a newspaper publisher at
Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Public Notice-compen-
sation for office of councilmember, a true copy of which is hereto
annexed, was published in said newspaper in its issue of the 30,
7, 14th day of April, May, 1981 Gerald W. Crane, Co-Publisher
(by) 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 14th day of May,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
5232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Section 2-104 in
order to increase the compensation for the office of
Councilmember from $8,800.00 to $15,000.00 per annum; so as to
provide for the publication in a newspaper of general circulation
with respect to such proposed increase; to repeal conflicting
laws; and for other purposes.
A copy of the proposed amendment to the charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 21st day of April, 1981.
/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 on
April 30, 1981, May 7th and May 14, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me, This 20th day of May, 1981.
/s/ Shirley Holton Boggs
GEORGIA LAWS 1982 SESSION
5233
Notary Public, Georgia, State at Large
My Commission Expires Jan. 27, 1985
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Section 2-104 in
order to increase the compensation for the office of
Councilmember from $8,800.00 to $15,000.00 per annum; so as to
provide for the publication in a newspaper of general circulation
with respect to such proposed increase; to repeal conflicting
laws; and for other purposes.
A copy of the proposed amendment of the Charter is on the
file in the Office of the Clerk of Council of the City of Atlanta
and the office of the Clerk of Superior Court of Fulton and
DeKalb Counties, Georgia, for the purpose of examination and
inspection by the public.
This the 21st day of April, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of June 1, 1981.
CITY OF ATLANTACOMPENSATION OF PRESIDENT
OF COUNCIL.
An Ordinance adopted under and by virtue of the authority of
the Municipal Home Act of 1965, (Ga. L. 1965, P. 298, et. seq.),
as amended, to amend Article II, Chapter 2 of the Charter of the
City of Atlanta, Ga. L. 1973, P. 2188 et seq. approved March 16,
1973, as amended, so as to provide that the compensation for
5234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the office of president of the council shall be increased to
$18,500 per annum.
Be it ordained and enacted by the Council of the City of At-
lanta, as follows:
Section 1: That Article II, Chapter 5 of the Charter of the
City of Atlanta (Ga. L. 1973, P. 2188 et seq., approved March 16,
1973), as amended, is hereby amended by striking Section 2-203
in its entirety and substituting in lieu thereof the following:
The compensation for the office of President of the Council
shall be $18,500 per annum.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973) as amended, shall be filed in the Office of the
Clerk of Cuncil and in the Offices of the Clerks of the Superior
Courts of Fulton County and DeKalb County and that Notice
of Proposed Amendment to Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this Or-
dinance be published once a week for three weeks in a newspa-
per 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 and provided that such final
adoption shall only take place during the week immediately suc-
ceeding the week in which the last advertisement was published.
Section 3. That all laws and parts of laws and ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Adopted as amended by Atlanta City Council May 18, 1981
Returned to Office of Clerk of Council without Mayors
signature.
Approved per Section 2-403 of the 1974 Charter
GEORGIA LAWS 1982 SESSION
5235
Exhibit A
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Article II,
Chapter 2 so as to provide that the compensation for the office
of President of Council shall be increased to $20,000.00 per an-
num; so as to provide for the publication in a newspaper of gen-
eral circulation with respect to such proposed increase; to repeal
conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the_____ day of________, 1981.
Clerk of Council
City of Atlanta
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 laws, 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 30 days of April, 1981,
5236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and on the 7 & 14 days of May, 1981 As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 19 day of May, 1981
/s/ Rebecca E. Booze
Notary Public, Georgia, State at Large
My Commission Expires December 8, 1984
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Article II,
Chapter 2 so as to provide that the compensation for the office
of President of Council shall be increased to $20,000.00 per an-
num; so as to provide for the publication in an newspaper of
general circulation with respect to such proposed increase; to re-
peal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 21st day of April, 1981.
/s/ 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 Decatur-DeKalb News/Era, a newspaper publisher
GEORGIA LAWS 1982 SESSION
5237
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Public No-
ticecompensation for office of President of Council a true copy
of which is hereto annexed, was published in said newspaper in
its issue of the 30, 7, 14th day of April, May, 1981. Gerald W.
Crane, Co-Publisher (by) 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 14th day of May,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan 4, 1982
(Seal)
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), so as to amend Article II,
Chapter 2 so as to provide that the compensation for the office
of President of Council shall be increased to $20,000.00 per an-
num; so as to provide for the publication in a newspaper of gen-
eral circulation with respect to such proposed increase; to repeal
conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public
This the 21st day of April, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
5238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 on
April 30, May 8 and May 14, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me, This 20th day of May,
1981.
/s/ Shirley Holten Boggs
Notary Public, Georgia, State at Large
My Commission Expires Jan. 27, 1985
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2183, approved March 16, 1973), so as to amend Article II,
Chapter 2 so as to provide that the compensation for the office
of President of Council shall be increased to $20,000.00 per an-
num; so as to provide for the publication in a newspaper of gen-
eral circulation with respect to such proposed increase; to repeal
conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
GEORGIA LAWS 1982 SESSION
5239
tion by the public.
This the 21st day of April, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State June 1, 1981.
CITY OF ATLANTABUREAU OF CIVIL DEFENSE.
An Ordinance adopted under and by virtue of the authority of
the Municipal Home Rule Act of 1965, (Ga. L. 1965, P. 298 et
seq.), as amended, to amend Article VIII, (known as the Reor-
ganization Ordinance of March 7, 1974) of the Charter of the
City of Atlanta, Ga. L. 1973, P. 2188 et seq., approved March 16,
1973, as amended, so as to change the name of the Bureau of
Civil Defense in the Department of Public Safety; 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, as follows:
Section 1. That Article VIII (known as the Reorganization
Ordinance of March 7, 1974) of the Charter of the City of At-
lanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as
amended, which currently reads as follows:
The department of public safety shall consist of the fol-
lowing bureaus:
(1) Bureau of police services;
(2) Bureau of fire services;
(3) Bureau of civil defense;
5240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Bureau of correctional services; and
(5) Bureau of vehicles for hire.
is hereby amended so as to change the name of the Bureau of
Civil Defense to Bureau of Emergency Management Services, so
that said section shall read as follows:
The department of public safety shall consist of the fol-
lowing bureaus:
(1) Bureau of police services;
(2) Bureau of fire services;
(3) Bureau of emergency management services;
(4) Bureau of correctional services; and
(5) Bureau of vehicles for hire.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973), as amended, shall be filed in the Office of the
Clerk of Council and in the Offices of the Clerks of the Superior
Courts of Fulton County and DeKalb County and that Notice
of Proposed Amendment to Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this Or-
dinance, be published once a week for three weeks in a newspa-
per 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 and provided that such final
adoption shall only take place during the week immediately suc-
ceeding the week in which the last advertisement was published.
Section 3. That all laws and parts of laws and ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Adopted by Atlanta City Council September 8, 1981
Approved September 16, 1981.
GEORGIA LAWS 1982 SESSION
5241
Exhibit A
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973), so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to change the name of the Bureau of Civil
Defense in the Department of Public Safety; so as to provide for
the publication in a newspaper of general circulation with re-
spect to such change of name; to repeal conflicting laws; and for
other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the _ day of----, 1981.
/s/ 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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Amend Article VIII-
change name of Bureau of Civil Defense a true copy of which is
hereto annexed, who published in said newspaper in its issue of
the 20, 27, 3rd day of August and September, 1981 Gerald W.
Crane, Co-Publisher (by) Linda L. Orr Agent
5242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 3rd day of September,
1981.
/s/ Samme Johnson
Notary Public, Georgia State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188 et seq. approved March 16, 1973), so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to change the name of the Bureau of Civil
Defense in the Department of Public Safety; so as to provide for
the publication in a newspaper of general circulation with re-
spect to such change of name; to repeal conflicting laws; and for
other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 4th day of August, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Publishers Affidavit
State of Georgia
County of Fulton
Before me, the undersigned, a Notary Public, this day person-
GEORGIA LAWS 1982 SESSION
5243
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 20 & 27 days of August, 1981,
and on the 3 days of September, 1981. As provided by law.
Frances K. Beck
Subscribed and sworn to before me this 4 day of September,
1981.
/s/ Maiodis F. Palmer
Notary Public, Georgia, State at Large
My Commission Expires Oct. 23, 1983.
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973), so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to change the name of the Bureau of Civil
Defense in the Department of Public Safety; so as to provide for
the publication in a newspaper of general circulation with re-
spect to such change of name; to repeal conflicting laws; and for
other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 4th day of August, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
5244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 on
August 20, 27, and September 3, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me, This 11th day of Septem-
ber, 1981.
/s/ Betty Massengale
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188 et seq. approved March 16, 1973), so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to change the name of the Bureau of Civil
Defense in the Department of Public Safety; so as to provide for
the publication of a newspaper of general circulation with re-
spect to such change of name; to appeal conflicting laws, and for
other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
GEORGIA LAWS 1982 SESSION
5245
This the 4th day of August, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State September 21, 1981.
CITY OF ATLANTAPURCHASING.
An Ordinance adopted under and by virtue of the authority of
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et
seq.), as amended, to amend Article III, Chapter I of the Charter
of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved
March 16, 1973), as amended, so as to authorize the Mayor to
make purchases of certain goods, supplies, equipment, and ser-
vices, when authorized by a duly enacted appropriation for such
purpose; to repeal conflicting laws and ordinances; and for other
purposes.
Be and it is hereby ordained by the Council of the City of
Atlanta, as follows:
Section 1. That Article III, Chapter I of the Charter of the
City of Atlanta (Ga. L. 1973, p. 2188, et seq. approved March 16,
1973), as amended, is hereby further amended by adding to Sec-
tion 3-105 thereof a new subsection to read as follows:
(16) Purchase supplies, material, equipment and personal
property of every type and description, and services for the
rental, repair, or maintenance of equipment, machinery and
other city-owned personal property, provided the purchase
amount does not exceed $50,000, and provided that a duly
enacted appropriation by the council authorizes expenditures
for such purposes.
Section 2. That a copy of this proposed amendment to the
5246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq. ap-
proved 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
a Notice of Proposed Amendment to Charter of the City of At-
lanta, attached hereto, marked Exhibit A and made a part of
this ordinance, be published once a week for three (3) weeks in a
newspaper of general circulation in the City of Atlanta and in
the official organ of Fulton County and that a copy of said ad-
vertisement be attached to this ordinance prior to its final adop-
tion by the Council of the City of Atlanta and provided that
such final adoption shall only take place during the week imme-
diately succeeding the week in which the last advertisement was
published.
Section 3. That all laws and parts of laws and ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Adopted as amended by Atlanta City Council September 21,
1981
Approved September 29, 1981
Exhibit A
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), as amended, so as to amend
Article III, Chapter I, so as to authorize the Mayor to make
purchases of certain goods, supplies, equipment, and services,
when authorized by a duly enacted appropriation for such pur-
pose; to repeal conflicting laws and ordinances; and for other
purposes.
A copy of the proposed amendment to the Charter is on file in
the office of the Clerk of Council of the City of Atlanta and the
offices of the Clerks of the Superior Courts of Fulton and
DeKalb Counties, Georgia, for the purpose of examination and
inspection by the public.
GEORGIA LAWS 1982 SESSION
5247
This the____ day of_____, 1981.
/s/ Larry 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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Proposed Amendment to
City of Atlanta Charterauthorize Mayor to make purchases
certain goods a true copy of which is hereto annexed, was pub-
lished in said newspaper in its issue of the 3, 10, 17 day of Sep-
tember, 1981 Gerald W. Crane, Co-Publisher (by) 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 17th day of Septem-
ber, 1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), as amended, so as to amend
Article III, Chapter I, so as to authorize the Mayor to make
purchases of certain goods, supplies, equipment, and services,
when authorized by a duly enacted appropriation for such pur-
5248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pose; to repeal conflicting laws and ordinances; and for other
purposes.
A copy of the proposed amendment to the Charter is on file in
the office of the Clerk of the Council of the City of Atlanta and
the offices of the Clerks of the Superior Court of Fulton and
DeKalb Counties, Georgia, for the purpose of examination and
inspection by the public.
This the 19th day of August, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
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 3, 10 & 17 days of Sep-
tember, 1981, and on the days of_, 19_ As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 18 day of September,
1981
/s/ Rebecca E. Booze
Notary Public, Georgia, State at Large
My Commission Expires December 8, 1984
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
GEORGIA LAWS 1982 SESSION
5249
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), as amended, so as to amend
Article III, Chapter I, so as to authorize the Mayor to make
purchases of certain goods, supplies, equipment, and services,
when authorized by a duly enacted appropriation for such pur-
pose; to repeal conflicting laws and ordinances; and for other
purposes.
A copy of the proposed amendment to the Charter is on file in
the office of the Clerk of Council of the City of Atlanta and the
offices of the Clerks of the Superior Courts of Fulton and
DeKalb Counties, Georgia, for the purpose of examination and
inspection by the public.
This the 19th day of August, 1981.
/s/ Larry 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 on
September 3, 10 and 17, 1981.
/s/ Suzanne A. Culver
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
5250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Jan. 8, 1984
Sworn to and subscribed before me, This 18th day of Septem-
ber, 1981.
Notice of Proposed Amendments to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, approved March 16, 1973), as amended, so as to amend
Article III, Chapter I, so as to authorize the Mayor to make
purchases of certain goods, supplies, equipment, and services,
when authorized by a duly enacted appropriation for such pur-
pose; to repeal conflicting laws, and ordinances; and for other
purposes.
A copy of the proposed amendment to the Charter is on file in
the office of the Clerk of Council of the City of Atlanta and the
offices of the Clerks of the Superior Courts of Fulton and
DeKalb Counties, Georgia, for the purpose of examination and
inspection by the public.
This the 19th day of August, 1981.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State October 20, 1981.
CITY OF ATLANTAOFFICE OF
TELECOMMUNICATIONS.
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
GEORGIA LAWS 1982 SESSION
5251
an ordinance entitled An Ordinance Specifying the Names of
the Executive Branch of the Government, Setting Forth the Du-
ties and Functions of Each Department Thereof, and Defining
the Internal Organization of Each Department, Including Pro-
fessional and Technical, Qualifications of each Department
Head, Adopted June 19, 1978, and approved June 22, 1978, as
amended, so as to provide for the addition of duties of the Office
of Telecommunications 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 the 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:
(31) overseeing and supervising the production of programs
and programming for municipal access channels.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
March 16, 1973), as amended, shall be filed in the offices of the
Clerk of Council and in the Clerks of the Superior Courts of
Fulton County and DeKalb County and that the Notice of Pro-
posed Amendment to the Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this ordi-
nance, be published once a week for three weeks in a newspaper
of general circulation in the City of Atlanta and in the official
organ of Fulton County and that a copy of said advertisement be
attached to this ordinance prior to its final adoption by the
Council of the City of Atlanta.
Section 3. All laws and ordinances and parts of laws and or-
dinances in conflict herewith are hereby repealed.
Adopted by City Council Oct. 19, 1981
Approved by the Mayor Oct. 27, 1981
5252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Exhibit A
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the addition of programming
to the duties of the Office of Telecommunications in the Depart-
ment of the Mayor; so as to provide for the publication in a
newspaper of general circulation with respect to such addition of
duties; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the____day of_____, 1981.
Clerk of Council
City of Atlanta
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 1, 8, 15 days of October, 1981,
and on the days of____, 19_. As provided by law.
/s/ Frances K. Beck
GEORGIA LAWS 1982 SESSION
5253
Subscribed and sworn to before me this 29 day of October
1981
/s/ Sara H. Allen
Notary Public, Georgia, State at Large
My Commission Expires Aug. 23, 1985
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the addition of programming
to the duties of the Office of Telecommunications in the Depart-
ment of the Mayor; so as to provide for the publication in a
newspaper of general circulation with respect to such addition of
duties; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 22nd day of September, 1981.
/s/ 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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Amendment to charter
5254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of City of AtlantaOffice of Telecommunications a true copy of
which is hereto annexed, was published in said newspaper in its
issue of the 1, 8, 15th day of October, 1981 Gerald W. Crane, Co-
Publisher (by) 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 15th day of October
1981
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the addition of programming
to the duties of the Office of Telecommunications in the Depart-
ment of the Mayor; so as to provide for the publication in a
newspaper of general circulation with respect to such addition of
duties; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 22nd day of September, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
GEORGIA LAWS 1982 SESSION
5255
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 At-
lanta Journal (Daily Evening), The Atlanta Constitution (Daily
Morning), The Atlanta Journal and The Atlanta Constitution
(Saturday), and The Atlanta Journal and The Atlanta Constitu-
tion (Sunday), Newspapers of general circulation published in
the City of Atlanta, Georgia, and who further states under oath
that the advertisement attached hereto and made a part of this
affidavit appeared in the Atlanta Constitution on October 1, 8
and 15, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me, This 19th day of October,
1981.
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the addition of programming
to the duties of the Office of Telecommunications in the Depart-
ment of the Mayor; so as to provide for the publication in a
newspaper of general circulation with respect to such addition of
duties; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of the Council of the City of Atlanta and
the office of the Clerk of the Superior Court of Fulton and
5256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKalb Counties, Georgia, for the purpose of examination and
inspection by the public.
This the 22nd day of September, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Filed in the Office of Secretary of State November 13, 1981.
CITY OF ATLANTAOFFICE OF REDEVELOPMENT.
An Ordinance adopted under and by the Municipal Home
Rule Act of 1965 (Ga. L. 1965 p. 298, et seq.) as amended, to
amend Article VIII of the Charter of the City of Atlanta (Ga. L.
1973, p. 2188, et seq., approved March 16, 3973), as amended so
as to establish an Office of Redevelopment; repeal conflicting
laws; and for other purposes.
Be and it is hereby ordained by the Council of the City of
Atlanta, as follows:
Section 1. That Article VIII of the Charter of the City of
Atlanta (Ga. L. 1973, P. 2188, et seq., approved March 16, 1973)
as amended, is hereby further amended by deleting Section 8-
1113 and substituting in its place the following:
Section 8-113 Departmental organization; bureaus and office
for Community and Human Development. The department of
community and human development, referred to in this article
as the department, shall consist of the following bureaus and
office:
(1) Bureau of Buildings;
(2) Bureau of Housing and Physical Development;
GEORGIA LAWS 1982 SESSION
5257
(3) Bureau of Human Services;
(4) Office of Redevelopment.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, P. 2188, et seq.,
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 Court of Fulton County and DeKalb County and that a
Notice of Proposed Amendment to Charter of the City of At-
lanta, attached hereto, marked Exhibit A and made a part of
this ordinance, be published once a week for three (3) weeks in a
newspaper of general circulation in the City of Atlanta and in
the official organ of Fulton County and that a copy of said ad-
vertisement be attached to this ordinance prior to its final adop-
tion shall only take place during the week immediately suc-
ceeding the week in which the last advertisement was published.
Section 3. That all laws and parts of laws and ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Adopted by City Council Nov. 16, 1981
Approved by the Mayor Nov. 20, 1981
Exhibit A
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the establishment of the Of-
fice of Redevelopment in the Department of Community and
Human Development; so as to provide for the publication in a
newspaper of general circulation with respect to the establish-
ment of the Office of Redevelopment in the Department of Com-
munity and Human Development; to repeal conflicting laws; and
for other purposes.
A copy of the proposed amendment to the Charter is on file in
5258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the____ day of_____, 1981.
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 on
October 29, November 5 and 12, 1981.
/s/ Suzanne A. Culver
Sworn to and subscribed before me, This 3rd day of Decem-
ber, 1981.
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984.
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
GEORGIA LAWS 1982 SESSION
5259
2188, et. seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the establishment of the Of-
fice of Redevelopment in the Department of Community and
Human Development; so as to provide for the publication in a
newspaper of general circulation with respect to the establish-
ment of the Office of Redevelopment in the Department of Com-
munity and Human Development; to repeal conflicting laws; and
for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of the City of Atlanta and the office of
the Clerk of the Superior Court of Fulton and DeKalb Counties,
Georgia, for the purpose of examination and inspection by the
public.
This the 21st day of October, 1981
/s/ 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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Public Notice-Office of
Redevelopment-Amendment to Charter a true copy of which is
hereto annexed, was published in said newspaper in its issue of
the 29, 5, 12th day of October, November, 1981 Gerald W.
Crane, Co-Publisher (by) 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 Nov-
5260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ember, 1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982.
(Seal)
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et. seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the establishment of the Of-
fice of Redevelopment in the Department of Community and
Human Development; so as to provide for the publication in a
newspaper of general circulation with respect to the establish-
ment of the Office of Redevelopment in the Department of Com-
munity and Human Development; to repeal conflicting laws; and
for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 21st day of October, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
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 Publisher of the Daily Report
GEORGIA LAWS 1982 SESSION
5261
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 Oct., 1981,
and on the 5, 12 days of Nov., 1981 As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 7 day of Dec., 1981
/s/ Sarah H. Allen
Notary Public, Georgia, State at Large
My Commission Expires August 23, 1985
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article
VIII (known as the Reorganization Ordinance of March 7, 1974)
of the Charter so as to provide for the establishment of the Of-
fice of Redevelopment in the Department of Community and
Human Development; so as to provide for the publication in a
newspaper of general circulation with respect to the establish-
ment of the Office of Redevelopment in the Department of Com-
munity and Human Development; to repeal conflicting laws; and
for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 21st day of October, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
5262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of Secretary of State December 10, 1981.
CITY OF ATLANTACIVIL SERVICE SYSTEM.
An Ordinance amending Charter of the City of Atlanta
(adopted under and by the Municipal Home Rule Act of 1965, p.
298 et seq.) as amended, to amend Article 3, Chapter 5, 3-
503(a), Civil Service Board, by adding provision that board shall
be the official protector of the Civil Service System and by
changing the term of office from four years to three year stag-
gered terms; and for other purposes.
Be it ordained and enacted by the Council of the City of At-
lanta as follows:
Section 1: That Section 3-503(a) of the above cited ordi-
nance, which outlines the composition of the Civil Service Board
is amended by striking the first phrase in its entirety as follows:
(a) There shall be a Civil Service Board consisting of five
(5) members, appointed by the mayor with the consent of the
Council to four-year staggered terms of office as specified by
ordinance of the Council.
And substituting in lieu thereof the following:
(a) There shall be a Civil Service Board which shall be the
official protector of the Civil Service System.
There shall be a Civil Service Board consisting of five (5)
members, appointed by the mayor with the consent of the
Council to three year staggered terms of office as specified by
ordinance of the Council. (This shall in no way effect the
terms of the present members);
Section 2: That a copy of this proposed amendment to the
Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved
GEORGIA LAWS 1982 SESSION
5263
March 16, 1973), as amended, shall be filed in the offices of the
Clerk of Council and in the Clerks of the Superior Courts of
Fulton County and DeKalb County and that the Notice of Pro-
posed Amendment to the Charter of the City of Atlanta at-
tached hereto, marked Exhibit A and made a part of this Or-
dinance, be published once a week for three weeks in a
newspaper of general circulation in the City of Atlanta and in
the official organ of Fulton County and that a copy of said ad-
vertisement be attached to this Ordinance prior to its final adop-
tion by the Council of the City of Atlanta.
Section 3: That all ordinances and parts of ordinances in
conflict herewith are hereby repealed.
Adopted by Atlanta City Council December 7, 1981
Approved December 15, 1981.
Exhibit A
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article 3,
Chapter 5, 3-503(a), Civil Service Board of the Charter; so as to
provide that the Civil Service Board shall be the official protec-
tor of the Civil Service System; so as to provide that the term of
office be changed from four year staggered terms to three year
staggered terms; so as to provide for the publication in a news-
paper of general circulation with respect to such changes; to re-
peal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
5264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This___day of______, 1981
Clerk of Council
City of Atlanta
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 Publisher 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 19, 27 days of Nov., 1981, and on
the 3 days of Dec., 1981 As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 7 day of Dec., 1981
Notary Public, Georgia, State at Large
My Commission Expires Aug. 23, 1985
/s/ Sara H. Allen
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article 3,
Chapter 5, 3-503 (a), Civil Service Board of the Charter; so as to
provide that the Civil Service Board shall be the official protec-
tor of the Civil Service System; so as to provide that the term of
office be changed from four year staggered terms to three year
staggered terms; so as to provide for the publication in a news-
paper of general circulation with respect to such changes; to re-
peal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
5265
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This 3rd day of November, 1981.
/s/ 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 Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Public Notice-Amend
Article 3, Chapter 5, 3-503(a), Civil Service Board of the Charter
a true copy of which is hereto annexed, was published in said
newspaper in its issue of the 19, 26, 3rd day of November, De-
cember, 1981.
/s/ Gerald W. Crane, Co-Publisher
/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 3rd day of December,
1981.
/s/ Samme Johnson
Notary Public, Georgia, State at Large
5266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Jan. 4, 1982
(Seal)
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973) so as to amend Article 3,
Chapter 5, 3-503(a), Civil Service Board of the Charter; so as to
provide that the Civil Service Board shall be the official protec-
tor of the Civil Service System; so as to provide that the term of
office be changed from four year staggered terms to three year
staggered terms; so as to provide for the publication in a news-
paper of general circulation with respect to such changes; to re-
peal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This 3rd day of November, 1981.
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
GEORGIA LAWS 1982 SESSION
5267
under oath that the advertisement attached hereto and made a
part of this affidavit apppared in the Atlanta Constitution on
November 19, 26 and December 3, 1981.
/s/ Suzanne Culver
Sworn to and subscribed before me, this 15th day of Dec.,
1981.
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq. approved March 16, 1973) so as to amend Article 3,
Chapter 5, Sec. 3-503(a), Civil Service Board of the Charter; so
as to provide that the Civil Service Board shall be the protector
of the Civil Service System, so as to provide that the term of
office be changed from four years staggered terms to three year
staggered terms; so as to provide for the publication in a news-
paper of general circulation with respect to such changes; to re-
peal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This 3rd day of November, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
5268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of Secretary of State December 23, 1981.
CITY OF ARAGONRECORDER.
An Ordinance by the Mayor and City Council of the City of Ara-
gon, Georgia
On motion duly made and seconded, the Mayor and City
Council of the City of Aragon, Georgia do hereby amend the
Charter of the City of Aragon by deleting therefrom Section
XIII(a) and substituting in lieu thereof a new Section XIII(a)
which would delete the requirement that the Recorder be a citi-
zen of the City of Aragon.
Now, therefore, be it ordained by the Mayor and City Council
of the City of Aragon that the Charter of the City of Aragon be
amended by deleting therefrom Section XIII(a) and substituting
in lieu thereof the following:
Section XIII
(a) Said court shall be held as often as necessary for the trial
of offenders. The mayor shall preside over said court and
perform the duties thereof unless the mayor and council shall
have appointed a recorder. The mayor and council may ap-
point any upright and intelligent person to be recorder. The
chief police officer of the City or other police officers shall
attend said court and perform all such duties therein and in
the enforcement of its sentence as they may be required by
ordinances of said City or by the orders of the jduge of said
court.
Adopted and Approved, this 20th day of October, 1981.
/s/ William L. Pittman
Mayor, City of Aragon,
Georgia
GEORGIA LAWS 1982 SESSION
5269
Approved:
Teresa Caldwell
Clerk
Notice of Intention to Amend Charter of the City of Aragon
Notice is hereby given that there will be introduced at the
next meeting of the Mayor and Council of the City of Aragon an
ordinance to amend the Charter for the City of Aragon which
would delete the requirement that the Recorder be a citizen of
the City of Aragon.
A copy of the proposed Amendment is on file in the Office of
the Clerk of the City of Aragon and the Office of the Clerk of the
Superior Court of Polk County, Georgia, for the purpose of ex-
amination and inspection by the public.
This 11th day of September, 1981.
/s/ Teresa Caldwell, Clerk
Clerk, City of Aragon, Georgia
State of Georgia
County of Polk
I, Burgett Mooney, III., do solemnly swear that I am Publisher
of the Rockmart Journal, printed and published at Rockmart, in
the State of Georgia, and that from my personal knowledge and
reference to files of said publication the Notice of Intention to
Amend Charter of the City of Aragon was inserted in The Rock-
mart Journal on the following dates:
September 16, 23, 30, 1981.
/s/ B. Mooney, III
Sworn to and subscribed before me this 26th day of October,
1981.
/s/ Jean Mullinax
Notary Public
5270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of Secretary of State November 4, 1981.
TOWN OF BOGARTPERSONNEL PLAN.
State of Georgia
Oconee County
Ordinance
Whereas it is the desire of the Town of Bogart Georgia to
adopt a personnel plan;
Whereas the personnel plan may vary from the Charter of the
Town of Bogart in certain material aspects;
Whereas the Town of Bogart may amend its charter pursuant
to the Municipal Home Rule Act of 1965 as amended, Acts of
1965 pp. 298, 299, et seq.; and
Whereas the requirements for notice, public access and action
of the governing body of ordinance at two consecutive regular
meetings pursuant to Ga. Code Ann. 69-1017(b) 1. have been
complied with.
Now therefore be it hereby enacted the following ordinance, to
wit:
Section One
This Ordinance shall be known as: An Ordinance to Amend
the Charter of the Town of Bogart to allow adoption of a Per-
sonnel Plan and to Adopt Said Plan.
GEORGIA LAWS 1982 SESSION
5271
Section Two
The Charter of the Town of Bogart, Acts of 1905 p. 670 is
hereby amended by deleting 17 acts 1905 p. 670 at p. 674 and
replacing it with the following: The mayor and council are em-
powered to adopt, by ordinance, a personnel plan governing the
employment, term, salary, dismissal and discipline as well as set-
ting the job descriptions of all municipal employees.
Section Three
The Personnel Plan, dated attached hereto as Exhibit A, is
hereby enacted.
Section Four
This ordinance shall in no way be construed to affect any
elected member of the municipal governing body of the Town of
Bogart.
Section Five
This ordinance shall be effective immediately upon compli-
ance with Acts 1965 p. 298 at p. 304.
This 21st day of August, 1981.
/s/ Tommy H. Smart
Mayor
/s/ A. E. McGraw
Councilman
/s/ Patrick T. Beall
Councilman
/s/ Billy Andrews
Councilman
/s/ Bobby J. Krenna
Councilman
5272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Martha D. Clark
City Clerk
State of Georgia
Oconee County
Affidavit
Now come Affiant before the below signed officer authorized
to administer oaths and being duly sworn does state on oath as
follows:
1.
That Affiant is a duly authorize representative of the newspa-
per which is the legal organ of the County which is the situs of
Bogart, Georgia;
2.
That the notice which is attached hereto as Exhibit A and
which is hereby expressly incorporated by reference was pub-
lished on July 16, July 23, and July 30, 1981 in the legal organ of
this county.
This 21 day of August, 1981.
/s/ Peggy Lowery, Editor
Affiant
Sworn and subscribed before me this 21 day of August, 1981.
/s/ Louise M. Whitehead
Notary Public, Georgia, State At Large
My Commission Expires Jan. 10, 1984
Notice
The public is hereby notified that the Town of Bogart, pursu-
ant to Georgia Code section 69-1017, is amending its Charter by
the adoption of a Personnel Plan. The proposed Personnel Plan
shall include the following subjects: Objectives and Scope; Posi-
GEORGIA LAWS 1982 SESSION
5273
tion Classification; Pay Plan; Recruitment and Selection; Ap-
pointments; Probationary Period; Disciplinary Action; Separa-
tions; Employment Development; Leave Policy; Ethics; Records
and Reports.
A copy of the proposed amendment is on file in the office of
the City Clerk, and the Clerk of Superior Court of Clark and
Oconee Counties for the purpose of examination and inspection
by the public. Any citizen of the Town of Bogart desiring to
make written or oral comment on this amendment to the Char-
ter may do so at the next regularly scheduled Council meeting,
Monday, August 3, 1981, at City Hall at 7:30 p.m.
By Order of the Mayor and Council
Martha D. Clark, City Clerk
State of Georgia
Clarke County
Affidavit
Now come Affiant before the below signed officer authorized
to administer oaths and being duly sworn does state on oath as
follows:
1.
That AFFIANT is a duly authorize representative of the
newspaper which is the legal organ of the County which is the
situs of Bogart, Georgia;
2.
That the notice which is attached hereto as Exhibit A and
which is hereby expressly incorporated by reference was pub-
lished on July 16, July 23, and July 30, 1981 in the legal organ of
this county.
This 20 day of August, 1981.
/s/ Charles M. Searcy, President
Affiant
5274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn and subscribed before me this 20 day of August, 1981.
/s/ Anne Brightwell
Notary Public, Georgia, State At Large
My Commission Expires July 19, 1983
Notice
The public is hereby notified that the Town of Bogart, pursu-
ant to Georgia Code section 69-1017, is amending its Charter by
the adoption of a Personnel Plan. The proposed Personnel Plan
shall include the following subjects: Objectives and Scope; Posi-
tion Classification; Pay Plan, Recruitment and Selection; Ap-
pointments; Probationary Period; Disciplinary Action; Separa-
tions; Employment Development; Leave Policy; Ethics, Records
and Reports.
A copy of the proposed amendment is on file in the office of
the City Clerk, and the Clerk of Superior Court of Clarke and
Oconee Counties for the purpose of examination and inspection
by the public.
Any citizen of the Town of Bogart desiring to make written or
oral comment on this amendment to the Charter may do so at
the next regularly scheduled Council meeting, Monday, August
3, 1981, at City Hall at 7:30 p.m.
By order of the Mayor and Council
Martha D. Clark, City Clerk
Filed in the Office of Secretary of State August 31, 1981.
CITY OF CALHOUNPENSIONS.
An Ordinance of the City of Calhoun, Georgia, to amend Sec-
GEORGIA LAWS 1982 SESSION
5275
tion 3-12 of the Charter of the City of Calhoun, Georgia under
the Georgia Municipal Home Rule Act of 1965 to provide for
additional alternative retirement and pension plans and/or ben-
efits for municipal employees, their dependents and/or survivors.
A. Under the authority granted by the Georgia Municipal
Home Rule Act of 1965 (Georgia Laws 1965, pp. 298, 299, as
amended) and more specifically under Georgia Code Sections
69-1017(b) and 69-1019(a), it is hereby ordained by the Mayor
and Aldermen of the City of Calhoun, Georgia, that Section 3-12
of the City Charter for the City of Calhoun, Georgia, be
amended to include the following:
The Mayor and Aldermen shall further have the authority to
provide by ordinance for any other reasonable pension and/or
retirement benefit plans for municipal employees, their depen-
dents and/or surviviors.
B. All other ordinances or parts of ordinances in conflict here-
with are hereby repealed.
C. The foregoing ordinance, notice of which has been pub-
lished once a week for three (3) consecutive weeks within a pe-
riod of sixty (60) days prior to is adoption in accordance with
the Georgia Municipal Home Rule Act of 1965, is duly passed at
the regular meeting of the Mayor and Aldermen of the City of
Calhoun, Georgia, held on the day of May, 1981.
/s/ W. C. Burdette, Mayor
City of Calhoun, Georgia
Attest:
/s/ Cathy Harrison, Clerk
City of Calhoun, Georgia
State of Georgia
County of Gordon
Personally appeared before me, an officer duly authorized to
administer oaths, Paul Miles who, under oath states the
following:
5276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All the facts stated herein are made from my personal knowl-
edge. That deponent herein is the Editor of the Calhoun
Times; that the Calhoun Times is the official organ for
Gordon County, Georgia; and that the following legal notice was
published in said newspaper on May 6, May 13 and May 20,
1981.
Notice
The Mayor and Alderman of the City of Calhoun, Georgia, are
presently considering a proposed amendment to the City Char-
ter of Calhoun, Georgia, dealing with retirement and/or pension
benefit plans for municipal employees, their dependents and/or
survivors. No action may be taken on said proposed amendment
until the regularly scheduled meeting of the Mayor and Aider-
men of May 25, 1981, or any subsequent regularly scheduled
meeting.
The proposed amendment to the charter would allow the
mayor and aldermen to provide for additional alternative retire-
ment and/or pension benefit plans in addition to that retirement
plan specified in the City Charter Section 3-12 which would
presently allow a municipal employee to retire at sixty (60) per
cent of his/her highest monthly pay which he/she received while
employed by the City of thirty (30) years or longer.
A copy of the proposed charter amendment is on file in the
office of the City Clerk for the City of Calhoun, Georgia, located
at City Hall, North Wall Street, Calhoun, Georgia, and in the
office of the Clerk of the Superior Court of Gordon County,
Georgia, in the Gordon County Courthouse, Calhoun, Georgia,
for inspection by the public. A copy of the proposed amendment
may be obtained, upon written request, from Cathy Harrison,
City Clerk, Calhoun City Hall, North Wall Street, Calhoun,
Georgia 30701.
This 27th day of April, 1981.
W.C. Burdette
Mayor, City of Calhoun, Georgia
GEORGIA LAWS 1982 SESSION
5277
/s/ Paul Miles
Affiant
Sworn to and subscribed before me this 4th day of June, 1981.
Nancy McArthur
Notary Public
My Commission Expires 6-12-84
Filed in the Office of Secretary of State June 19, 1981.
CITY OF CALHOUNCOMPENSATION.
An Ordinance of the City of Calhoun, Georgia, to amend Sec-
tion 3-11 of the Charter of the City of Calhoun, Georgia under
the Georgia Municipal Home Rule Act of 1965 to provide that
the Mayor and Aldermen of the City of Calhoun, Georgia be au-
thorized to fix the salary, compensation, and expenses of the
municipal employees and municipal governing authority by
ordinance.
A. Under the authority granted by the Georgia Municipal
Home Rule Act of 1965 (Georgia Laws 1965, pp. 298, 299, as
amended) and more specifically under Georgia Code Sections
69-1017 (b) and 69-1019 (a), it is hereby ordained by the Mayor
and Aldermen of the City of Calhoun, Georgia, that Section 3-11
of the City Charter for the City of Calhoun, Georgia, be
amended to read as follows:
Section 3-11. (a). The Mayor and Aldermen of the City of
Calhoun, Georgia, are hereby authorized to fix, raise, or lower
the salary, compensation and expenses of its municipal employ-
ees and the mayor and aldermen by duly passed ordinance.
(b). Any action to increase the salary or compensation of the
5278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor and/or aldermen shall not be effective until after the tak-
ing of office of those elected at the next regular municipal elec-
tion which is held immediately following the date on which the
action to increase the salary or compensation was taken.
(c). No such action to increase the salary or compensation of
the mayor and/or aldermen shall be taken during the period of
time beginning with the date that candidates for election to the
offices of mayor and/or aldermen may first qualify as such candi-
dates and ending with the date the mayor and/or aldermen take
office following their election.
B. All other ordinances or parts of ordinances in conflict here-
with are hereby repealed.
C. The foregoing ordinance, notice of which has been pub-
lished once a week for three (3) consecutive weeks within a pe-
riod of sixty (60) days prior to its adoption in accordance with
the Georgia Municipal Home Rule Act of 1965, is duly passed at
the regular meeting of the Mayor and Aldermen of the City of
Calhoun, Georgia, held on the 8 day of June, 1981.
/s/ W. C. Burdette, Mayor
City of Calhoun, Georgia
Attest:
/s/ Cathy Harrison, Clerk
City of Calhoun, Georgia
Notice
The Mayor and Aldermen of the City of Calhoun, Georgia, are
presently considering a proposed amendment to the City Char-
ter of Calhoun, Georgia, dealing with the fixing, raising, or low-
ering of the salary, compensation and expenses of municipal em-
ployees and the municipal governing authority. No action may
be taken on said proposed amendment until the regularly sched-
uled meeting of the mayor and aldermen of June 8, 1981, or any
subsequent regularly scheduled meeting.
The proposed amendment to the charter would allow the
GEORGIA LAWS 1982 SESSION
5279
mayor and aldermen, subject to certain limitations contained
therein, to fix, raise, or lower the salary, compensation and ex-
penses of municipal employees and of the major and/or aider-
men by duly passed ordinance. As to the mayor and aldermen,
no action to increase the salary or compensation could be effec-
tive until the taking of office of those elected at the next regular
municipal election which is held immediately following the date
on which an action to increase the salary or compensation is
taken.
A copy of the proposed charter amendment is on file in the
office of the City Clerk for the City of Calhoun, Georgia, located
at City Hall, North Wall Street, Calhoun, Georgia and in the
office of the Clerk of the Superior Court of Gordon County,
Georgia, for inspection by the public. A copy of the proposed
amendment may be obtained upon written request, from Cathy
Harrison, City Clerk, Calhoun City Hall, North Wall Street, Cal-
houn, Georgia 30701.
This 12th day of May, 1981
/s/ W.C. Burdette Mayor,
City of Calhoun, Georgia
State of Georgia
County of Gordon
Personally appeared before me, an officer duly authorized to
administer oaths, Paul Miles, who, under oath states the
following:
All the facts stated herein are made from my personal
knowledge.
That deponent is the editor of the Calhoun Times; that the
Calhoun Times is the official organ for Gordon County, Geor-
gia; and that the legal notice attached hereto was published
in said newspaper on May 20, 1981, May 27, 1981, and June
3, 1981.
5280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Paul Miles
Affiant
Sworn and subscribed before me this 7th day of July, 1981.
/s/ Nancy McArthur
Notary Public
Filed in the Office of Secretary of State July 13, 1981.
CITY OF CEDARTOWNCITY COMMISSION.
ORDINANCE NO. 4, 1981.
An ordinance by the City Commission of
the City of Cedartown, Georgia
Whereas, the City Commission of the City of Cedartown,
Georgia, is desirous of making certain changes in the Charter of
the City of Cedartown; and
Whereas, the City Commission of the City of Cedartown has
determined it necessary to pay the members of the Commission
and the Chairman a salary for work done on behalf of the city in
their representative capacity as commissioners; and
Whereas, the City of Cedartown is one of the few communities
that does not pay its commissioners for their service to the City
of Cedartown, and the duties as commissioners involve many
hours of work on behalf of the City of Cedartown;
Now, therefore, be it ordained by the City Commission of the
City of Cedartown, Georgia, and it is hereby ordained by said
authority as follows:
GEORGIA LAWS 1982 SESSION
5281
Section 1: Article III of the Charter of the Code of the City
of Cedartown entitled Administration shall stand amended by
striking Section 3-1, which is entitled Commission and con-
cerns related matters in its entirety, and inserting in lieu thereof
a new Section 3-1 which shall hereafter read as follows:
Sec. 3-1. Commission; membership; qualifications; com-
pensation; election; term; may succeed themselves. The gov-
erning and legislative authority of said city shall be vested in
a commission of five (5) members. Members of said commis-
sion shall have attained the age of twenty-one (21), and they
shall have been residents and citizens of said city for at least
two (2) years next preceding their election, and they shall be
qualified voters of the City of Cedartown. The members of
said commission shall receive a monthly salary of $150.00 per
month and the chairman shall receive a salary of $200.00 per
month. Further, said commissioners shall be reimbursed for
all travel, mileage, lodging, and related expenses incurred by
them in connection with official duties they perform on be-
half of the City of Cedartown. At their first meeting, or so
soon thereafter as possible, the members of said commission
shall elect one of their number as chairman, and shall elect
another of their number as chairman pro tern. The chairman,
or in his absence, the chairman pro tern, shall preside over
the deliberations of the commission, but shall have no vote,
except in the event the votes of the remaining commissioners
are equally divided; he shall preserve order and decorum at
all meetings of the commission, and shall enforce the rules of
the body, and shall have power to punish all persons for con-
tempt of such rules, and shall perform all other duties inci-
dent to his office. Service of legal process directed to or
against the city shall be made upon the chairman of the com-
mission, or in his absence from the county, upon the chair-
man pro tern. Said commissioners shall be elected from the
city at large, irrespective of the wards* in which they reside,
and shall be elected by the consolidated vote of the entire
city. Said commissioners shall be elected for a term of four
(4) years, except as hereinafter provided, and until their suc-
cessors are elected and qualified, subject, however, to recall,
as is hereinafter provided. Said commissioners may succeed
themselves as many times as they may be elected.
5282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2: The effective date of this charter amendment as to
compensation of commissioners shall be January 1, 1982.
Section 3: A copy of this proposed amendment to the Char-
ter of the City of Cedartown shall be filed in the Office of the
City Clerk and in the Office of the Clerk of the Superior Court
of Polk County, Georgia, and the notice of proposed amendment
to the Charter of the City of Cedartown which is attached hereto
as Exhibit A and made a part hereof shall be published once a
week for three weeks in the newspaper of general circulation in
the City of Cedartown, or in the official organ of Polk County;
and a copy of said advertisement shall be attached to this ordi-
nance prior to its final adoption by the City Commission.
Section 4: All laws and parts of laws in conflict herewith are
hereby repealed.
Adopted and Approved by the City Commission of the City of
Cedartown on this the 13th day of July, 1981, at a regular meet-
ing thereof duly called and held, Commissioners Brannon,
Casey, and Nichols voting Aye, None voting No.
Approved:
/s/ Syble Brannan
Chairman, Cedartown City
Commission
Attest:
/s/ Emily C. Shaw
Secretary, Cedartown City Commission
Exhibit A
Notice of Proposed Amendment to
Charter of the City of Cedartown
Notice is hereby given that an Ordinance has been introduced
to amend Article Ill/Section 3-1 of the Charter of the City of
Cedartown entitled Administration by adding thereto the re-
quirement that members of the City Commission shall receive
monthly salaries, and the chairman of said city commission shall
GEORGIA LAWS 1982 SESSION
5283
also receive a monthly salary for their service on behalf of the
city in their representative capacity as commissioners.
A copy of the proposed amendment to the Charter of the City
of Cedartown is on file in the Office of the City Clerk of the City
of Cedartown and in the Office of the Clerk of the Superior
Court of Polk County, Georgia, for purposes of examination and
inspection by the public.
This 13th day of July, 1981.
/s/ Emily C. Shaw
Clerk, City of Cedartown,
Georgia
Notice of Proposed Amendment to Charter of the City of
Cedartown.
Notice is hereby given that an Ordinance has been introduced
to amend Article Ill/Section 3-1 of the Charter of the City of
Cedartown entitled Administration by adding thereto the re-
quirement that members of the City Commission shall receive
monthly salaries, and the chairman of said city commission shall
also receive a monthly salary for their service on behalf of the
city in their representative capacity as commissioners.
A copy of the proposed amendment to the Charter of the City
of Cedartown is on file in the Office of the City Clerk of the City
of Cedartown and in the Office of the Clerk of the Superior
Court of Polk County, Georgia, for purposes of examination and
inspection by the public.
This 13th day of July, 1981.
/s/ Emily C. Shaw
Clerk, City of Cedartown,
Georgia
5284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia
Polk County
Personally appeared before me, the undersigned Notary Pub-
lic, Joseph D. Williams, who after being duly sworn states under
oath that he is Publisher of The Cedartown Standard, the news-
paper of general circulation published in the City of Cedartown,
Georgia, and who further states under oath that the advertise-
ment attached hereto and made a part of this affidavit appeared
in The Cedartown Standard on July 21, 1981, July 28, 1981, and
August 4, 1981.
/s/ Joseph D. Williams
Sworn to and subscribed before
me this 4th day of August,
1981.
/s/ Ann Blythe
Notary Public
Notary Public, Georgia State At Large
My Commission Expires Nov. 12, 1982
Filed in the Office of Secretary of State August 14, 1981.
CITY OF COLLEGE PARKPENSIONS.
An Ordinance to amend the Charter of the City of College
Park, (Ga. Laws 1946, 1) (3-13 et. seq. of the College Park
Code of Ordinances), relating to the amount of pension pay-
ments; to repeal conflicting ordinances; and for other purposes.
Be it ordained by the mayor and council of the City of College
Park, and it is hereby enacted pursuant to the authority of the
same that the Charter of the City of College Park is hereby
amended as follows: By adding to Ga. Laws 1946, pg. 432 2
(Codified as Section 3-11 and 3-13 through 3-35) a new Section
to be codified as Section 3-22(A) as follows:
GEORGIA LAWS 1982 SESSION
5285
Section 3-22(A) Increase in amount of pension.
Notwithstanding any other provision herein, every person now
entitled to and receiving a pension hereunder and so entitled
and so receiving the same on January 1, 1980, shall be entitled
to and shall receive an additional and extra Fifty ($50.00) Dol-
lars per month. This section is to become effective January 1,
1981 and shall not apply to any person not entitled to and re-
ceiving a pension from the City of College Park as of January 1,
1980.
A copy of this proposed Amendment to the Charter of the
City of College Park (Ga. Laws 1895, pg. 251, approved Decem-
ber 6, 1895) shall be filed in the Office of the Clerk of the Coun-
cil of the City of College Park and in the Office of the Clerk of
the Superior Court of Fulton County, Georgia, and a notice of
this proposed Amendment to the Charter of the City of College
Park, in the form attached hereto as Exhibit A and by reference
made a part thereof shall be published once a week for three
weeks in a newspaper of general circulation in the City of Col-
lege Park and a copy of said advertisement shall be attached to
this Ordinance prior to its final adoption by the Mayor and
Council of the City of College Park. Said advertisement shall
state that a copy of the proposed Amendment is on file in the
Office of the City Clerk of the City of College Park and of the
Office of the Clerk of the Superior Court of Fulton County.
All laws and parts of laws in conflict herewith are hereby
repealed.
Enacted this 2nd day of February, 1981.
Mayor and Council of the
City of College Park
/s/ T. Owen Smith
Mayor
Attest:
/s/ Jean Conaway
City Clerk
5286 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 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 16, 23 & 30 days of January,
1981, and on the _ days of___, 19_ As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 19 day of February,
1981
/s/ Rebecca E. Booze
Notary Public, Georgia, State at Large
My Commission Expires December 8, 1984
Notice of Proposed Amendment to the Charter of the City of
College Park
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of College Park (Ga. L. 1895,
p. 251, approved December 16, 1895) so as to provide for the
increase of pension benefits of city employees, to repeal conflict-
ing laws; and for other purposes.
A copy of the proposed amendment is on file in the office of
the City Clerk of the City of College Park and in the office of the
Clerk of the Superior Court of Fulton County, Georgia, for pur-
poses of examination and inspection by the public.
GEORGIA LAWS 1982 SESSION
5287
This the 15 day of January, 1981.
/s/ Jean Conaway
City Clerk
City of College Park
Filed in the Office of Secretary of State February 25, 1981.
CITY OF DECATURELECTIONS.
An Ordinance
To amend the Charter of the City of Decatur, Georgia, under
and by virtue of and in compliance with and pursuant to the
provisions of the Municipal Home Rule Act of 1965 as amended.
[1965 Georgia Laws, Pages 298, 299; 1966 Georgia Laws, page
296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-
10, Home Rule). Georgia Constitution, Article IX, Section III,
Paragraph I, (Georgia Code Annotated, Section 2-6001)]
Be it ordained by the City Commissioners of the City of Deca-
tur, Georgia and it is hereby ordained by the authority of the
same, acting under and by virtue of and in compliance with and
pursuant to the provisions of the Municipal Home Rule Act of
1965, as amended [1965 Georgia Laws, pages 298, 299; 1966
Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia
Code Chapter 69-10, Home Rule.) Georgia Constitution, Article
IX, Section III, Paragraph I, (Georgia Code Annotated Section
2-6001)] that the Charter of the City of Decatur, Georgia as set
forth in the Code of the City of Decatur, Georgia, be and the
same is hereby amended, as follows:
1.
Section 24 entitled Management of municipal elections
[said section having been codified from the Charter of the City
of Decatur approved August 17, 1909, (1909 Georgia Laws 757,
5288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
et seq.) at Section 6, pages 762-763 entitled Elections] is
stricken and deleted in its entirety from the charter of the City
of Decatur, the provisions of said section having been
superceded as set forth in the Georgia Municipal Election
Code, Title 34A of the Code of Georgia.
2.
Section 26 entitled Qualification of electors, etc. [said sec-
tion having been codified from the Charter of the City of Deca-
tur approved August 17, 1909 (1909 Georgia Laws 757, et seq.)
at Section 8, pages 764-765 entitled Qualification of Electors]
is stricken and deleted in its entirety, the provisions of said sec-
tion having been superceded by general law as set forth in the
Georgia Municipal Election Code, Title 34A of the Code of
Georgia.
Be it further ordained that all ordinances and parts of ordi-
nances in conflict herewith be and the same are hereby repealed.
First Adoption April 20, 1981
Attest:
/s/ Robert L. Hudgins
Clerk
City of Decatur, Georgia
Second Adoption May 4, 1981
Attest:
/s/ Robert L. Hudgins
Clerk
City of Decatur, Georgia
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 Decatur-DeKalb News/Era, a newspaper publisher
GEORGIA LAWS 1982 SESSION
5289
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Public Notice-Home
Rule Act of 1965, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 16, 30th day of
April, 1981. Gerald W. Crane, Co-publisher (by) 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 30th day of April,
1981
/s/ Samme Johnson
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
Public Notice
Notice Of Proposed Amendments To The Charter of The City
of Decatur Under and By Virtue of and Pursuant to the Provi-
sions of the Municipal Home Rule Act of 1965 as Amended
The City Commissioners of the City of Decatur, Georgia,
hereby give notice of the following:
The City Commissioners have before them for consideration
proposed amendments to the Charter of the City of Decatur.
The following is a synopsis of the proposed amendments:
1.
Section 24 of the Charter of the City of Decatur, Georgia as
set forth in the Code of the City of Decatur, Georgia (codified
from Section 6 of the 1909 Georgia Laws, pages 762-763) entitled
Management of municipal elections is proposed to be stricken
and deleted in its entirety from the Charter because the provi-
sions of said section have been superceded by the Georgia Mu-
nicipal Election Code, Title 34A of the Code of Georgia.
5290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2.
Section 26 of the Charter of the City of Decatur, Georgia as
set forth in the Code of the City of Decatur, Georgia (codified
from Section 8 of 1909 Georgia Laws, pages 764-765) entitled
Qualifications of Electors is proposed to be deleted in its en-
tirety from the Charter because the provisions of said section
have been superceded by the Georgia Municipal Election
Code, Title 34A of the Code of Georgia.
A copy of the proposed amendments is on file in the office of
the Clerk of the City of Decatur at the City Hall and a copy is
on file in the office of the Clerk of the Superior Court of DeKalb
County at the courthouse in Decatur, Georgia, for the purpose of
examination and inspection by the public. The Clerk of the City
of Decatur will furnish a copy of the proposed amendments to
those persons who may have an interest therein upon written
request.
The City Commissioners will consider the proposed amend-
ments at two regular consecutive meetings to be held on the
20th day of April, 1981, and on the 4th day of May, 1981, at 7:30
oclock, P.M., at the Commissioner Chamber at the Decatur City
Hall.
This notice shall serve as formal notice of such intended
action.
Written comments shall be addressed to the undersigned so as
to arrive no later than the 1st day of May, 1981. All comments
respecting the proposed amendments received by said date will
be fully considered.
Notice is given this 13th day of April, 1981.
/s/ Bob Carpenter
Mayor, City of Decatur
Decatur City Hall
Post Office Box 220
Decatur, Ga. 30031
Filed in the office of Secretary of State May 10, 1981.
GEORGIA LAWS 1982 SESSION
5291
CITY OF GRIFFINRETIREMENT BENEFITS, ETC.
An Ordinance
An Ordinance to amend Chapter 3 Retirement System of
Title IV Appointive Officers and Employees of the Charter of
the City of Griffin; to amend Section 4.18 Retirement benefit
by adding to the basic compensation table a schedule of annual
basic compensation for persons born in the years 1941 through
1971 and later; to amend Section 4.21 to provide death benefits
for persons who are eligible to retire at the date of their death;
to amend Sections 4.18 and 4.24 so as to include longevity pay
and exclude overtime from the earnings upon which retirement
benefits and contributions to the fund by the City are calcu-
lated; to repeal conflicting laws, charter and ordinance provi-
sions; and for other purposes.
Be it ordained by the Board of Commissioners of the City of
Griffin and it is hereby ordained by authority of the same as
follows:
Section 1. Section 4.18 Retirement benefit of Chapter 3
Retirement System of Title IV Appointive Officers and Em-
ployees of the Charter of the City of Griffin is hereby amended
by deleting the phrase 1941 and later from the column Year
of Birth and the figures $7,800 from the column Annual Basic
Compensation of the Basic Compensation Table and by adding
to the columns Year of Birth and Annual Basic Compensa-
tion the following:
5292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Year of Birth
1941-1961
Annual Basic Compensation
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971 and later
$ 7,800
11,450
15,100
18,750
22,400
26,050
29,700
33,350
37,000
40,650
44,300
Section 2. Section 4.18 Retirement benefit Subparagraph
(1) Definitions (b) of Chapter 3 Retirement System of Title
IV Appointive Officers and Employees of the Charter of the
City of Griffin is hereby amended by striking therefrom the
phrase longevity excluded, and by substituting in lieu thereof
the phrase including longevity pay but excluding overtime so
that when so amended Subparagraph (b) shall read as follows:
(b) Final average earnings is the average of earnings based on
the city pay scale, including longevity pay but excluding over-
time, during the five (5) consecutive calendar years of employ-
ment which will produce the highest final average earnings.
Section 3. Section 4.21 Effect of discontinuance of employ-
ment, death, reemployment of Chapter 3 Retirement System
of Title IV Appointive Officers and Employees of the Charter
of the City of Griffin is hereby amended by changing the period
at the end of the second paragraph to a comma and by adding
thereto the following: but if the employee is eligible for retire-
ment on the date of his death he shall be deemed to have retired
on that date and to have chosen the normal form of retirement
benefit as defined in Section 4.20, that is, a five (5) year certain
and life benefit so that when amended, said paragraph shall
read as follows:
In case of death of an employee, the full amount of all assess-
ments paid in by him to said fund, shall be paid to his depen-
dents, if any, otherwise, to such persons as the employee may
have designated, but if the employee is eligible for retirement on
GEORGIA LAWS 1982 SESSION
5293
the date of his death he shall be deemed to have retired on that
date and to have chosen the normal form of retirement benefit
as defined in Section 4.20, that is, a five (5) year certain and life
benefit.
Section 4. Section 4.24 Contributions by city of Chapter 3
Retirement System of Title IV Appointive Officers and Em-
ployees of the Charter of the City of Griffin is hereby amended
by striking therefrom the phrase but not including overtime
pay or longevity pay, and inserting in lieu thereof the phrase
including longevity pay but excluding overtime so that when
amended, Section 4.24 Contributions by City shall read as
follows:
Section 4.24. Contributions by city.
The Board of Commissioners of the City of Griffin shall ap-
propriate to said fund annually a sum equal to one and one-half
(1 V2) percent of the then current total payroll of the city, in-
cluding longevity pay but excluding overtime, or such larger
amount as is necessary to carry out the provisions of this chap-
ter, said amount to be appropriated and paid out of the general
funds of said city or in the discretion of the Board of Commis-
sioners raised by an additional ad valorem tax levied and col-
lected for that purpose as other taxes are levied and collected.
(Gen. Laws. 1941, Act No. 388, p. 1474, 9; Ord. No. 76-5, 7, 6-
29-76; Ord. No. 78-18, 4, 10-24-78)
Section 5. All laws, charter and ordinance provisions in con-
flict herewith are hereby repealed.
First Reading: September 8, 1981
Second Reading: September 22, 1981
Notice
Please take notice that pursuant to The Municipal Home Rule
Act of 1965 as amended (Georgia Code Sections 69-1015 through
69-1020), the Board of Commissioners of the City of Griffin will
consider at the regular City Commission meetings of September
8, 1981, and September 22, 1981, a proposed ordinance to amend
the Municipal Charter of the City of Griffin as follows:
5294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
To amend Chapter 3 Retirement System of Title IV Ap-
pointive Officers and Employees of the Charter of the City of
Griffin; to amend Section 4.18 Retirement benefit by adding
to the basic compensation table a schedule of annual basic com-
pensation for persons born in the years 1941 through 1971 and
later; to amend Section 4.21 to provide death benefits for per-
sons who are eligible to retire at the date of their death; to
amend Sections 4.18 and 4.24 so as to include longevity pay and
exclude overtime from the earnings upon which retirement bene-
fits and contributions to the fund by the City are calculated; to
repeal conflicting laws, charter and ordinance provisions; and for
other purposes.
A copy of the proposed amendment is on file in the Office of
the Clerk of the Board of Commissioners of the City of Griffin
(City Manager) at City Hall and in the office of the Clerk of the
Superior Court of Spalding County, Georgia at the Courthouse
and may be examined and inspected by the public at either
place. The City Manager shall furnish anyone, upon written re-
quest, a copy of the proposed amendment.
Ordered published by resolution regularly adopted this Au-
gust 11, 1981, by the Board of Commissioners of the City of
Griffin.
City of Griffin, Georgia
/s/ Louis W. Goldstein
Mayor
Attest:
/s/ Roy L. Inman
City Manager
/s/ Robert H. Smalley, Jr.
City Attorney
GEORGIA LAWS 1982 SESSION
5295
Georgia
Spalding County
Resolution
Be it resolved by the Board of Commissioners of the City of
Griffin that the City Manager cause notice to be published in
the Griffin Daily News once a week for three (3) weeks that the
attached proposed Home Rule Amendment to the Charter of the
City of Griffin will be considered by the Board of Commissioners
at the regular City Commission meetings of September 8, 1981,
and September 22, 1981.
City of Griffin, Georgia
/s/ Louis W. Goldstein
Mayor
Attest:
/s/ Roy L. Inman
City Manager
Georgia
Spalding County
Personally appeared before the undersigned officer, duly au-
thorized 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 retirement benefits was pub-
lished in said newspaper on August 19, August 26 and Sept. 2,
1981.
This 21st day of Sept., 1981.
/s/ Quimby Melton, Jr.
Publisher Griffin Daily News
Sworn to and subscribed before me, this 21st day of Sept.,
1981.
/s/ Jean C. Jones
Notary Public
5296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the office of Secretary of State September 30, 1981.
CITY OF LYONSCHARTER AMENDED
An Ordinance
An Ordinance adopted under the provisions of the Municipal
Home Rule Act of 1965, as amended, amending the Charter of
the City of Lyons, Georgia, approved August 7, 1907, (Ga. L.
1907, p. 765) as amended, so as to provide for assessing, levying,
and collecting of ad volorem tax on all real and personal prop-
erty within the corporate limits of said city; to provide for repeal
of conflicting laws; to provide for severability; and for other
purposes.
Be it ordained by the City Council of the City of Lyons as
follows:
Section 1: Said Charter is amended by striking from Section 28
the words:
not exceeding during any one year one-half of one (Vi of 1)
per cent of the value of said property, which tax shall not
include taxes for school purposes, nor does the same include
any tax that may be necessary, in the judgment of the mayor
and council, for the purpose of meeting the interest due on
any bonds that may be issued by said city, or for providing a
sinking fund for the final payment of any such bonds.
When so amended Section 28 shall read as follows:
Section 28. Ad volorem tax. For the purpose of raising reve-
nue for the support and maintenance of the government of
the City of Lyons, the mayor and council shall have full
power and authority to assess, levy and collect an ad valorem
GEORGIA LAWS 1982 SESSION
5297
tax on all real and personal property within the corporate
limits of said city.
Section 2: All laws and parts of laws in conflict with this Act
are hereby repealed.
Section 3: In the event any article, section, subsection, sen-
tence, clause, or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other articles, sections, subsections,
clauses, or phrases of this Act, which shall remain of full force
and effect, as if the article, section, subsection, sentence, clause
or phrase so declared or adjudged invalid or unconstitutional
was not originally a part hereof. The City Council hereby de-
clares that it would have passed the remaining parts of this ordi-
nance if it had known that such part or parts would be declared
or adjudged invalid or unconstitutional.
Approved:
/s/ W. T. Aikens
Mayor
/s/ E. J. Phillips
Council Member
/s/ L. Howard Sharpe
Council Member
/s/ L. F. Curl
Council Member
/s/ M. L. Alexander
Council Member
/s/ J. Sim Alexander
Council Member
Legal Notice
Notice is hereby given that there has been filed with the Clerk
of the City of Lyons, Georgia, an ordinance proposing under the
Municipal Home Rule Act of 1965, as amended, to amend the
City Charter of the City of Lyons, approved August 7, 1907, (Ga.
L. 1907, p. 765) as amended, so as to provide the assessing, levy-
ing, and collecting of ad volorem tax on all real and personal
5298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
property within the corporate limits of said city; to provide for
repeal of conflicting laws; to provide for severability; and for
other purposes.
A copy of said proposed amendments is on file in the office of
the Clerk of the City of Lyons, and in the office of the Clerk of
the City of Lyons, and in the office of the Clerk of Superior
Court of Toombs County for the purpose of examination and
inspection by the public.
This 3rd day of February, 1981.
/s/ Jackie K. Alexander
City Clerk
Affidavit
Georgia, Toombs County
Before me an officer authorized by law to administer oaths
personally appeared the undersigned, who after being duly
sworn does depose and say:
I am the Editor of the Lyons Progress, a newspaper of general
circulation in Lyons, Georgia, and the preceeding Legal Notice
was published in said newspaper on February 12, 1981, February
19, 1981, and February 26, 1981.
/s/ Harold Rhoden
Sworn to and subscribed before me this 2 day of March, 1981.
/s/ Alvin L. Layne
Notary Public
My commission expires October 23, 1982.
Adopted February 3, 1981.
Final Adoption March 3, 1981.
I do hereby certify that the above is a true and correct copy of
an ordinance to amend the City Charter of the City of Lyons,
GEORGIA LAWS 1982 SESSION
5299
Georgia, finally adopted on the date shown above.
This 3 day of March, 1981.
/s/ Jackie K. Alexander
City Clerk
Filed in the office of Secretary of State March 11, 1981.
CITY OF MACONPENSIONS.
An ordinance of the City of Macon amending Subsection (c)
Paragraph (4), Article III, Section 1, of the Macon Fire and Po-
lice Employees Retirement Act, 1969, Ga. Laws. p. 2801, Sec-
tions 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 Ma-
con, 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 from the third paragraph of
Subsection (c) Paragraph (4) Article III the word firemen each
and every time it appears, and substituting in lieu thereof the
word employee, so as to include both firemen and policemen
in the consideration of heart and respiratory disease as a cause
of total disability in line of duty; and to repeal conflicting provi-
sions; 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:
Subsection (c) Paragraph (4), Article III, Section 1, of the Ma-
con Fire and Police Department Employees Retirement Act,
1969 Ga. Laws, p. 2801, Sections 1 and 2, as amended, 1972 Ga.
5300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 from the third paragraph of Sub-
section (c) the word firemen each and every time it appears,
and substituting in lieu thereof the word employees, so as to
make Subsection (c) read as follows:
(c) Determination of Total and Permanent Disability
An employee shall be considered totally disabled if, in the
opinion of the Board, relying on the advice of a licensed physi-
cian or physicians, he is wholly prevented by his physical and
mental condition from discharging his usual duties in an effi-
cient manner. An employee shall be considered permanently dis-
abled if, in the opinion of the Board, relying on the advice of a
licensed physician or physicians, such employee is likely to re-
main so disabled continuously and permanently from a cause
other than specified in Section (4)(d) below. The decision on
those questions shall be final and binding and shall not be
appealed.
The Board may require an employee, applying for retirement
on the basis of total and permanent disability, whether in line of
duty or not, to undergo a medical examination by a physician or
physicians designated by the Board, the expense thereof to be
borne by the Board. Should any such employee refuse to submit
to such medical examination or examinations, he shall not be
granted any retirement benefits during the continuance of such
refusal.
The Board shall consider heart and respiratory disease as a
cause of total disability in the line of duty in the case of an em-
ployee, relying on the advice of a licensed physician, or physi-
cians, if the employee is wholly prevented by such disease, or
diseases, from discharging his usual duties in an efficient man-
ner, but no employee shall be entitled to disability benefits as a
result of disability from heart and respiratory disease unless
such employee shall have served at least five consecutive years
as an employee immediately preceding the date of disability.
All charter provisions or ordinances of the City of Macon in
GEORGIA LAWS 1982 SESSION
5301
conflict herewith are hereby repealed.
So adopted this 21st day of April, 1981.
/s/ Eugene Dunwody
President, City Council
Approved this 26th day of April, 1981.
/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 April 21, 1981. Witness my hand and seal of the
City of Macon this 22nd of April, 1981.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office 4-22-81, Returned from Mayors
Office 4-28-81
So adopted this 5th day of May, 1981.
/s/ Eugene Dunwody
President, City Council
Approved this 13 day of May, 1981.
/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 May 5, 1981. Witness my hand and seal of the City
5302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Macon this 6th of May, 1981.
/s/ James E. Hunnicutt
Clerk of Council
Submitted To Mayors Office 5-6-81, Returned From Mayors
Office 5-15-81.
State of Georgia
County of Bibb
Personally appeared before me, a Notary Public within and
for above state and county. Sara Rodgers, 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:
03/27, 04/3, 04/10
/s/ Sara Rodgers
Sworn to and subscribed before me this 10 day of April, 1981
/s/ Jacque Young
Notary Public
Bibb County, Georgia
My Commission Expires Mar. 24, 1985
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) et. seq. designated as the
Municipal Home Rule Act of 1965, as amended, so as to change
certain provisions relating to the Police and Firemens Retire-
ment and Disability Pensions. Copies of the proposed amend-
ment are on file in the office of the Clerk of the City of Macon
GEORGIA LAWS 1982 SESSION
5303
and in the office of the Bibb County Superior Court Clerk.
Filed in the office of Secretary of State June 1, 1981.
CITY OF MACONPENSIONS.
An Ordinance of the City of Macon amending Article II of
Section 1 of the Macon Pensions and Retirement System Act as
set forth in an Act of the General Assembly of Georgia, ap-
proved August 3rd, 1927 (Ga. Laws 1927, page 1283, et. seq.), as
amended, particularly by an Act approved March 27, 1972 (Ga.
Laws 1972, page 3152, et. seq.), as amended, incorporated by ref-
erence in the Charter of the City of Macon, Division I, Article V,
Chapter V, Section 5-502, Paragraph (b), Code of Macon, Geor-
gia (1978), as amended, pursuant to the authority granted the
City of Macon under the Municipal Home Rule Act of 1965,
Georgia Laws 1965, page 298, et. seq., by adding a new para-
graph 2.4 to allow the withdrawal of an amount of money equal
to the present value of accrued benefits for former City of Ma-
con transit employees who participated in the Macon Pensions
and Retirement System as computed by A. S. Hansen, actuary
in a report to the City of Macon dated April 28, 1981, plus all
interest accrued from May 1, 1981 to the effective date of this
amendment; 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 Ga. Laws, Page 298
et. seq.), as amended; Georgia Code Annotated Section 69-1017
et. seq., as follows:
Article II of Section 1 of the Macon Pensions and Retirement
System, as set forth in an Act of the General Assembly of Geor-
gia, approved August 3rd, 1927 (Ga. Laws 1927, Page 1283 et.
seq.), as amended, particularly by an Act approved March 27th,
5304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1972 (Ga. Laws 1972, Page 3152 et. seq.), as amended, incorpo-
rated by reference of the Charter of the City of Macon, Division
I, Article V, Chapter V, Section 5-502, Paragraph (b), Code of
Macon, Georgia (1978), as amended, is hereby amended by ad-
ding a new Paragraph 2.4 which reads as follows:
2.4 Withdrawal of the Present Value of Accrued Benefits of
Participating Former City of Macon Transit Employees.
In consideration of the transfer of City of Macon Transit em-
ployees to the Macon/Bibb County Transit Authority, the Ma-
con Pensions and Retirement System shall on the effective date
of this Charter Amendment transfer to the Macon/Bibb County
Transit Authority Employees Pension Plan Two Hundred Four-
teen Thousand, Four Hundred Seventeen and 00/100
($214,417.00) Dollars (plus any interest accrued on that amount
of money from May 1, 1981 to the effective date of this amend-
ment), that Two Hundred Fourteen Thousand, Four Hundred
Seventeen and 00/100 ($214,417.00) Dollar amount of money be-
ing the present value of accrued benefits for City of Macon
Transit employees participating in the Macon Pensions and Re-
tirement System as computed by A. S. Hansen, Actuary, in a
report dated April 28, 1981 to the City of Macon.
This amendment to be effective upon filing with the Secretary
of State.
So ordained this 5th day of May, 1981.
/s/ Eugene Dunwody
President, City Council
Approved this 14 day of May, 1981.
/s/ George Israel
Mayor
So ordained this 19th day of May, 1981.
/s/ James E. Hunnicutt
President, City Council
GEORGIA LAWS 1982 SESSION
5305
Approved this 22nd day of May, 1981.
/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 May 5, 1981. Witness my hand and seal of
the City of Macon this 6th of May, 1981.
/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 May 19, 1981. Witness my hand and seal of
the City of Macon this 20th of May, 1981.
/s/ James E. Hunnicutt
Clerk of Council
Submitted To Mayors Office 5-6-81, Returned From Mayors
Office 5-15-81.
Submitted To Mayors Office 5-20-81, Returned From Mayors
Office 5-28-81.
State of Georgia
County of Bibb
Personally appeared before me, A Notary Public within and
for above State and County, Richard M. Stone, who deposes and
says he is Classified Advertising Manager of The Macon Tele-
graph and The Macon News and is duly authorized by the Pub-
lisher thereof to make this affidavit; and that the advertisment
as per attached clipping has been published in The Macon News
on the following dates:
5/6, 5/13, 5/20
5306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Richard M. Stone
Sworn to and subscribed before me this 28th day of May,
1981.
/s/ Jacque Young
Notary Public
Bibb County, Georgia
My Commission Expires Mar. 24, 1985.
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 1, Article V, Chapter 5, Section 5-502(b) of the Code of Ma-
con, Georgia (1978), as amended, in accordance with the
procedures set forth in Georgia Code Section 69-1017(b) desig-
nated 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 amendment are
on file in the office of the Clerk of the City of Macon and the
office of the Bibb County Superior Court Clerk.
/s/ Katherine M. Kalish
Assistant City Attorney
City of Macon
Filed in the office of Secretary of State June 2, 1981.
CITY OF MACONINVESTIGATIONS.
An ordinance of the City of Macon to amend Article II, Chap-
ter 2, (codified as Section 2-205) of the Charter of the City of
Macon (Ga. Laws 1977, page 3776, et. seq.), as amended, pursu-
GEORGIA LAWS 1982 SESSION
5307
ant to the authority granted the City of Macon under the Mu-
nicipal Home Rule Act of 1965, Ga. Laws 1965, page 298, et.
seq., by adding a provision that a committee of Council desig-
nated by the President of Council or so authorized by a two-
thirds vote of the entire Council may make inquiries and investi-
gations into the affairs of the city and the conduct of any de-
partment, office or agency of the city, etc.; to repeal conflicting
provisions; and for other purposes.
Be it ordained by the Mayor and Council of the City of Ma-
con, and it is hereby ordained by authority of same as follows:
Pursuant to the authority granted the City of Macon under
the Municipal Home Rule Act of 1965 (1965 Ga. Laws, Page 298,
et. seq.), as amended, Ga. Code Ann. 69-1017, et. seq., as
follows:
Article II, Chapter 2 (Section 2-205) of the Charter of the City
of Macon, as amended, (Ga. Laws 1977, Page 3776) dealing with
inquiries and investigations is hereby amended so as to provide
that certain committees of Council may have the same powers as
set forth in the present Section 2-205 so that said Section 2-205,
as amended, reads as follows:
Section 2-205 Inquiries and Investigations.
The Council, if authorized by a majority vote of the entire
Council, may, without the need for approval by the Mayor, 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
and County. Such authority may be vested in a Committee of
not less than Three (3) members of Council by a Two-Thirds
vote of the entire Council. For this purpose, the Council or its
authorized Committee, may request or subpoena witnesses, ad-
minister oaths, take testimony, and require the production of ev-
idence in the same manner as the Superior Court of Bibb
County; provided, however, that in the event the inquiry or in-
vestigation is being conducted by Councils authorized Commit-
tee, subpoenas of witnesses or evidence must be authorized by a
Two-Thirds vote of the entire Council and issued by the Chair-
man of the authorized Committee, or authorized by a majority
5308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vote of the authorized Committee and approved and issued by
the President or President Pro Tern of Council. Any person who
fails or refuses to obey a subpoena issued in the exercise of this
power by the Council or its authorized Committee may be held
in contempt of the Council by a majority vote of all Council
members and punished as provided in this Charter for contempt
of a Municipal Court. Appeals to the Superior Court of Bibb
County from a Council contempt conviction is allowed as for any
conviction in the Municipal Court. Any participant in any hear-
ing authorized herein may require that such hearing be closed to
the public and all reports to Council of the result of any inquiry
or investigation by an authorized Committee shall be closed to
the public. Any action taken by Council as a result of such in-
quiry or investigation shall be taken at and during an open
meeting.
Ordinances or charter provisions in conflict herewith are
hereby repealed.
Adopted this 6th day of October, 1981.
Eugene Dunwody
President, City Council
Approved this 16th day of October, 1981.
George Israel
Mayor
Adopted this 20th day of October, 1981.
Eugene Dunwody
President, City Council
Approved this 23 day of October, 1981.
George Israel
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
GEORGIA LAWS 1982 SESSION
5309
was duly passed at the Regular Meeting of the Council of the
City of Macon, held 6th Oct. 1981. Witness my hand and seal of
City of Macon this Oct. 8, 1981. James E. Hunnicutt, Clerk of
Council.
Submitted To Mayors Office October 8, 1981. Returned From
Mayors Office October 19, 1981.
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
was duly passed at the Regular Meeting of the Council of the
City of Macon, held Oct. 20, 1981. Witness my hand and seal of
City of Macon this Oct. 21, 1981.
James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office October 21, 1981. Returned from
Mayors Office Oct. 23, 1981.
State of Georgia
County of Bibb
Personally appeared before me, a Notary Public within and
for above State and County, Gail Brafford 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:
9/5, 11, 18
/s/ Gail Brafford
Sworn to and subscribed before me this 17th day of Nov-
ember, 1981
/s/ Jacque Young
Notary Public
Bibb County, Georgia
5310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Mar. 24, 1985.
Georgia, Bibb County
Notice of Intention to Amend the Charter of The City of Macon
Notice is hereby given by the Mayor and Council of the City
of Macon of a proposed amendment to the charter of the City of
Macon to add a provision that a committee of council designated
by the President of Council or so authorized by a two-thirds (%)
vote of the entire Council may make inquiries and investigations
into the affairs of the City and the conduct of any department,
office or agency of the City, etc.
This proposed charter amendment is undertaken pursuant to
the authority granted the City of Macon under the Municipal
Home Rule Act of 1965, Ga. Law 1965, Page 298, Et. Seq.
A copy of the proposed amendment is on file in the office of
the City Clerk of Macon and in the office of the Clerk of Bibb
Superior Court, Bibb County Courthouse for the purpose of ex-
amination and inspection by the public.
/s/ Jim Elliott,
City Attorney
Filed in the office of Secretary of State November 24, 1981.
CITY OF NEWNANPENSIONS.
An Ordinance to amend the Charter of the City of Newnan by
amending Section 12-2(6), changing definition of career average
earnings, by amending Section 12-7 and 12-4(3), changing the
number of years required for full vesting from fifteen (15) years
to ten (10) years and by the addition of a new section 12-15 to
provide for payments to widows of deceased employees meeting
the prescribed requirements.
GEORGIA LAWS 1982 SESSION
5311
Be it ordained, and it is hereby ordained by the authority of
the Mayor and Board of Aldermen of the City of Newnan and
Georgia Code Section 69-1017 (Ga. Laws 1965, Pages 298 and
299; 1966, page 296; 1976, page 1429) that Section 12-2(6), 12-
4(3) and Section 12-7 of the Charter of the City of Newnan are
hereby amended as follows and that a new Section 12-15 is
hereby added to the Charter of the City of Newnan.
Section I, Section 12-2(6) is amended by striking the words
January 1, 1972 and 1971 and in lieu thereof inserting the
words January 1, 1979 and 1978.
Section II. Section 12-4(3) is amended by striking the words
fifteen (15) and inserting in lieu thereof the words ten (10).
Section III. Section 12-7 is amended by striking the words
Fifteen (15) in paragraph (1) and (2) and inserting in lieu
thereof the words ten (10).
Section IV. A new Section 12-15 is hereby adopted to read as
follows:
Section 12-15: Pre-Retirement Death, Spouses Annuity.
Upon the death of any participant, whether active or dis-
abled, who has qualified for early retirement (15 years service
and age 55), the system shall pay the spouse a benefit which
shall be equal to 50% of the benefit the participant would
have received if he had retired early on the date of his death
and elected payment of his benefit in the form of a 50% joint
and survivor annuity.
Adopted in open session for the first time by the Mayor and
5312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Board of Aldermen, this 9th day of February, 1981.
/s/ Joe P. Norman
Mayor
/s/ Alvin E. Johnston
Alderman
/s/ Billy A. Abraham
Alderman
/s/ Sidney P. Jones, Jr.
Alderman
/s/ John P. Goodrum, Jr.
Alderman
Attest:
/s/ Martha C. Ball
City Clerk
Reviewed:
/s/ Richard A. Bolin
City Manager
Reviewed:
/s/ Charles L. Gordon
City Attorney
Adopted in open session for the second time by the Mayor
and Board of Aldermen, this 23rd day of February, 1981.
/s/ Joe P. Norman
Mayor
/s/ Alvin E. Johnston
Alderman
/s/ Billy A. Abraham
Alderman
/s/ Sidney Pope Jones, Jr.
Alderman
/s/ John P. Goodrum, Jr.
Alderman
GEORGIA LAWS 1982 SESSION
5313
Attest:
/s/ Martha C. Bell
City Clerk
Reviewed:
/s/ Richard A. Bolin
City Manager
Reviewed:
/s/ Charles L. Gordon
City Attorney
Georgia
Coweta County
Personally appeared before the undersigned officer authorized
to administer oaths, William 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, Georgia, and that the fol-
lowing notice to amend the Charter of the City of Newnan was
published in the Newnan Times-Herald on the following dates:
February 5, 1981, February 12, 1981 and February 19, 1981.
Legal Notice
Notice is hereby given that a proposed amendment to the
City Charter of Newnan, Georgia 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 retire-
ment plan of the City of Newnan so as to change the basis for
calculating past service liability to the year 1978, and to change
the time for vesting of benefits from fifteen (15) years to ten (10)
years, and to provide benefits for certain surviving spouses of
certain deceased participants of said retirement system, and for
other purposes.
A copy of said proposed amendment is on file in the office of
5314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Clerk of the City of Newnan and the office of the Clerk of
the Superior Court of Coweta County for the purposes of exami-
nation and inspection by the public. The Clerk of the City of
Newnan will furnish to anyone, upon written request, a copy of
the proposed amendments.
This the 2nd day of February, 1981.
/s/ Richard A. Bolin
City Manager
/s/ Charles L. Goodson,
City Attorney
/s/ William W. Thomasson
Sworn to and subscribed before me this the 2nd day of Febru-
ary, 1981.
/s/ Mildred C. Chambers
Notary Public
Georgia State at Large.
Filed in the office of Secretary of State March 2, 1981.
CITY OF NEWNANPENSIONS.
An Ordinance to amend the Charter of the City of Newnan,
by the addition of a new Section 16.1 to provide for increased
benefits to employees who retired from the city prior to January
1, 1981.
Be it ordained, and it is hereby ordained by the authority of
the Mayor and Board of Aldermen of the City of Newnan and
Georgia Code Section 69-1017 (Ga. Laws 1965, pages 290 and
299; 1966, page 296; 1976, page 1429) that a new section 16.1 be
added to the Charter of the City of Newnan to read as follows:
Section 16.1Increase in Benefits for Participants Retired
GEORGIA LAWS 1982 SESSION
5315
Prior to January 1, 1981.
Effective January 1, 1981 each participant who is retired
(other than a disability retirement) and receiving a monthly
retirement income under the provisions of the Plan on said
date shall receive an increase in such monthly amount equal
to 5/12% (five-twelfths of one percent) of the monthly
amount of Retirement Income in pay status as of January 1,
1981, multiplied by the number of completed months be-
tween the date the Participants monthly Retirement Income
commenced and January 1, 1981. Notwithstanding any state-
ment herein to the contrary, the increase in the monthly
amount shall not be less than $10 (ten dollars) and shall not
be greater than 50% (fifty percent) of the monthly amount
of Retirement Income in pay status as of January 1, 1981.
Such monthly increase shall continue to be paid for the life-
time of the retired Participant.
Adopted in open session for the first time by the Mayor and
Board of Aldermen, this 23rd day of February, 1981.
/s/ Joe P. Norman
Mayor
/s/ Alvin E. Johnston
Mayor Pro Tem
/s/ Billy A. Abraham
Alderman
/s/ John P. Goodrum, Jr.
Alderman
Attest:
/s/ Martha C. Ball
City Clerk
Reviewed:
/s/ Richard A. Bolin
City Manager
5316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Reviewed:
/s/ Charles L. Gordon
City Attorney
Adopted in open session for the second time by the Mayor
and Board of Aldermen, this the 9th day of March, 1981.
/s/ Joe P. Norman
Mayor
/s/ Alvin E. Johnston
Mayor Pro Tern
/s/ Billy A. Abraham
Alderman
/s/ Sidney P. Jones, Jr.
Alderman
/s/ John P. Goodrum, Jr.
Alderman
Attest:
/s/ Martha C. Ball
City Clerk
Reviewed:
/s/ Richard A. Bolin
City Manager
Reviewed:
/s/ Charles L. Gordon
City Attorney
Georgia
Coweta County
Personally appeared before the undersigned officer authorized
to administer oaths, William W. Thomasson, who, sifter being
duly sworn on oath, deposes and states:
GEORGIA LAWS 1982 SESSION
5317
That he is the publisher of the Newnan Times-Herald, which
is the official organ of Coweta County, Georgia, and that the fol-
lowing notice to amend the Charter of the City of Newnan was
published in the Newnan Times-Herald on the following dates:
February 19, 1981, February 26, 1981, February 26, 1981, and
March 5, 1981.
Legal Notice
Notice is hereby given that a proposed amendment to the
City Charter of Newnan, Georgia, 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 retire-
ment plan of the City of Newnan so as to increase benefits for
certain retired city employees who retired prior to January 1,
1981, and for other purposes.
A copy of said proposed amendment is on file in the office of
the Clerk of the Superior Court of Coweta County, Georgia, and
the office of the Clerk of the City of Newnan for the purposes of
examination and inspection by the public. The Clerk of the City
of Newnan will furnish to anyone, upon written request, a copy
of the proposed amendment.
This 17th day of February, 1981.
/s/ Richard A. Bolin
City Manager
/s/ Charles L. Goodson
City Attorney
/s/ William W. Thomasson
Sworn to and subscribed before me this the 9th day of March,
1981.
/s/ Mildred C. Chambers
Notary Public
Filed in the office of Secretary of State March 16, 1981.
5318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PALMETTOQUALIFICATIONS FOR HOLDING
OFFICE.
An Ordinance to amend the Charter of the City of Palmetto,
Article II, qualifications and terms of members of governing
body; to repeal conflicting ordinances; and for other purposes.
Be it and it is hereby ordained by the Mayor and Council of
the City of Palmetto, pursuant to Ga. Code Ann. 69-1017, and
by the authority of the same that the Charter of the City of Pal-
metto is hereby amended by adding a new section to Article II
to read as follows:
Section 6.2 Mayor and Councilmen. Special Qualification
Notwithstanding any other provision of this Charter, no per-
son who holds any office of the City of Palmetto may thereaf-
ter qualify for city office, except a new term for that office
which he at that time is serving, without first submitting a
resignation from the office which he is holding prior to the
time of qualification.
So ordained this 6th Day of July, 1981.
Mayor and Council of the
City of Palmetto
/s/ Bobby Gene Chastain,
Mayor
Attest:
???
City Clerk
Affidavit
Newnan, Georgia
County of Coweta
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in The Newnan Times-Herald, legal organ for
GEORGIA LAWS 1982 SESSION
5319
Coweta County.
The following dates, to-wit:
June 18, 1981
June 25, 1981
July 2, 1981
Sworn to on the 2nd day of July 1981
William Thomasson
Publisher
Notice
The Mayor and Council of the City of Palmetto intend to
adopt an ordinance amending the Charter of the City of Pal-
metto pursuant to Ga. Code Ann. 69-1017(b) to require that
any person desiring to qualify for any elective city office must
resign from any other city office that person may at that time be
holding before being allowed to qualify for any other office.
A copy of this amendment is on file in the office of the City
Clerk of the City of Palmetto and the Clerk of Fulton Superior
Court and Clerk of Coweta Superior Court for examination and
inspection by the public.
/s/ Chas. E. Montgomery
City Clerk/Administrator
Sworn to and subscribed before me this 2nd day of July 1981.
/s/ Ella Parks MacNabb
Notary Public
Affidavit of Publication
I, Robert N. Hoehn, Jr., do solemnly swear that I am an Ac-
counts Executive of the Marietta Daily Journal in the State of
Georgia and that from my own personal knowledge and refer-
ence to the files of said publication, the advertisement of The
City of Palmetto* was inserted in the regular edition on 6-17-81,
5320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
6-24-81, 7-1-81.
/s/ Robert N. Hoehn, Jr.
This July 2, 1981
*Ad regarding ordinance amending City Charter regarding
elective city office.
The above appeared in The South Fulton edition of the
Neighbor Newspapers.
Notice
The Mayor and Council of the City of Palmetto intend to
adopt an ordinance amending the Charter of the City of Pal-
metto pursuant to Ga. Code Ann. 69-1017(b) to require that
any person desiring to qualify for any elective city office must
resign from any other city office that person may at that time be
holding before being allowed to qualify for any other office.
A copy of this amendment is on file in the Office of the City
Clerk of the City of Palmetto and the Clerk of Fulton Superior
Court and the Clerk of Coweta Superior Court for examination
and inspection by the public.
/s/ Chas. E. Montgomery
City Clerk/Administrator
Filed in the office of Secretary of State July 30, 1981.
CITY OF RIVERDALECHARTER AMENDED.
An Ordinance to amend the Code of Ordinances of the City of
Riverdale (Ga. Laws 1956, p. 2205, Act No. 53, 1, et seq., as
amended); to promote the public health, safety and welfare; and
for other purposes.
GEORGIA LAWS 1982 SESSION
5321
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 1956, p. 2205, Act No. 53, 4; Section
4 of the Charter of the City of Riverdale in its entirety and in
lieu thereof enacting a new Section 4 to read as follows:
Section 4. Mayor and Council; 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. 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.
2. a. By striking the following sentence from Ga. Laws 1956, p.
2205, Act No. 53, 5; Section 5 of the Charter of the City of
Riverdale:
. . ., to preside in the police court of the City of Riverdale
and is hereby given full authority to set as a committing
magistrate; to try all persons charged with violations of any
ordinance of said city; and to impose sentences of punish-
ment for such violations within the limits hereinafter pro-
vided; to punish for contempt of court before such police
court of contempt of the council by imposing such sentence
or penalty as may be authorized by ordinance by resolution
of the council of said city, properly passed, in accordance
with the provisions of this act; . . .
b. So that Section 5 shall now read as follows:
Section 5. Powers and duties of mayor.
The mayor shall be the chief executive officer of said city and
it shall be his duty to preside at all meetings of the city council;
to see that all meetings are conducted in a parliamentary man-
ner, to preserve order and decorum in such meetings; to inflict
5322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such punishment upon any person guilty of contempt before
said council as may be authorized by municipal ordinances; to
see that all laws, ordinances, rules, regulations and resolutions of
the mayor and council of said city are faithfully executed and
enforced; to appoint and be an ex officio member of all commit-
tees; to see that all funds are properly accounted for and that all
revenues are properly and promptly collected; to inform the
council from time to time of the general condition of said city
and its affairs and recommend such measures as he may deem
necessary or expedient for the welfare of such city; To cause to
be inspected the records and books of account of the officers of
said city and see that they are properly and correctly kept; to
require such reports to be made by such officers, to the council
as he may deem proper; to see that order is maintained in said
city and that its property and effects are preserved. The said
mayor shall exercise general supervision and jurisdiction over
the affairs of the said city; shall have authority to convene the
council in extra session as frequently as he may deem proper;
and to do acts and things as may be proper and necessary in the
proper conduct of the affairs of said city and as may be hereinaf-
ter authorized.
3. By striking Ga. Laws, 1965, p. 3224, Act No. 454, 1; Ga.
Laws 1971, p. 3829, 1; Section 7B of the Charter of the City of
Riverdale in its entirety.
4. By striking Ga. Laws 1960, p. 2737, Act. No. 741; 3; Sec-
tion 14 of the Charter of the City of Riverdale in its entirety.
5. By striking Ga. Laws 1962, p. 2345, Act No. 652, Section 4;
Section 19 of the Charter of the City of Riverdale in its entirety
and in lieu thereof substituting the following:
Section 19. Employee rights; hearing.
All persons subject to the civil service system hereby created
for officers and employees of said city shall be subject to dis-
charge by the city manager, or his or her authorized representa-
tive, or to reprimand, demotion, discharge or suspension, as the
city manager or his or her authorized representative, may deem
advisable. Prior to discharge, demotion, or suspension without
pay, the city manager shall give written notice of the reasons for
GEORGIA LAWS 1982 SESSION
5323
discharge, demotion, or suspension without pay and the em-
ployee shall have a right to respond in writing to the charges
made and to respond orally before the city manager. After disci-
plinary action is taken by the city manager, the employee may
appeal, within ten (10) days and in writing, to the Personnel
Board of the City of Riverdale. The employee shall be entitled
to a hearing before said Board, which after evidence is heard,
may uphold, overturn or modify the decision of the city
manager.
6. By striking Ga. Laws, 1962, p. 2345, Act. No. 652, 13; Sec-
tion 20 of the Charter of the City of Riverdale in its entirety.
7. a. By striking the following sentence from Ga. Laws 1960, p.
2737, Act. No. 741, 6; Ga. Laws 1963, p. 2815, Act. No. 251, 4,
Ga. Laws 1968, p. 3626, Act No. 1204, 1; Ga. Laws 1970, p.
2611, Act. No. 995, 5; Ga. Laws 1972, p. 3465, Act. No. 1358, 2;
Section 21 of the Charter of the City of Riverdale:
. . . three thousand dollars ($3,000.00) . . .
b. So that Section 21 shall now read as follows:
Section 21. City officers(; draft for expenditures.) At the first
regular meeting of the mayor and council in January, 1971, and
annually thereafter, the mayor and council shall elect a city
clerk and treasurer; said treasurer to give bond with security in
the sum of five thousand dollars ($5,000) for the faithful per-
formance of his duties; a marshall who may be chief of police
and as many policemen and policewomen as in the judgment of
the mayor and council shall be necessary; a city attorney and
recorder and such other officers as the mayor and council shall
deem necessary in the good government of the city. Each of said
officers shall take such oaths, perform such duties and give such
bonds as the mayor and council may by ordinance prescribe;
provided, that all bonds of officers shall be made payable to the
City of Riverdale. Said mayor and council shall have the power
and authority to suspend and remove said officers, on (in) their
discretion; and it shall be the duty of the mayor and council to
fix the salaries of said mayor and council and salaries or com-
pensation for all other officers, agents and employees of said
city. The salary of the mayor of said city shall not exceed the
5324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sum of thirty-six hundred dollars ($3,600) per year, and the sal-
ary of each councilman of said city shall not exceed the sum of
twenty-four hundred dollars ($2,400) per year. All expenditures
of the mayor and council for city purposes shall be paid out of
city funds by an order drawn by the city clerk, after the mayor
and council have allowed the same. The mayor and council may,
at any time, employ as many policemen for said city for such
lengths of time as said mayor and council may deem necessary
for the safety and protection of the citizens of said city, the sala-
ries of such policemen to be fixed by the mayor and council as
above provided, in accordance with the provisions of this
charter.
8.a. By striking the following sentence from Ga. Laws 1957, p.
2791, Act. No. 284, 1; Section 23 of the Charter of the City of
Riverdale:
In his disqualification or absence, the mayor or mayor pro
term may hold such said court, and may exercise all the pow-
ers conferred by law or this charter upon the recorder.
b. So Section 23 shall now read as follows:
Section 23. City court(-Creation; presiding officer.)
There is hereby created a City Court for the trial of the of-
fenses and offenders against the laws and ordinances of the City
of Riverdale; such court to be called the City Court of Riverdale,
and at the first meeting of the mayor and council after their
election and qualification, they shall appoint a city judge and
judge pro tern for the ensuing year, and until his successor is
appointed and qualified, and when so appointed and qualified as
hereinafter provided, (he) shall have full authority as judge of
said court for the administration of its affairs. His salary shall be
fixed by the mayor and council, and he shall take such oath as
may be prescribed by the mayor and council, and shall be sub-
ject to removal, with or without any stated cause, upon a major-
ity vote by the council. Any vacancy in the office of City Judge,
by death, resignation, removal or other, shall be supplied by ap-
pointment of the mayor and council.
9. By striking Ga. Laws 1957, p. 2791, Act No. 284, 2; Section
GEORGIA LAWS 1982 SESSION
5325
24 of the Code of Ordinances of the City of Riverdale, in its en-
tirety and in lieu thereof substituting the following:
Section 24. Same-Jurisdiction; sentence.
The judge of the City Court of Riverdale may impose sentence
for any violation of a city ordinance or law by fine not exceeding
five hundred dollars ($500.00) and/or imprisonment not to ex-
ceed ninety (90) days; any one or more of these punishments in
the discretion of the judge.
10. By striking Ga. Laws 1957, p. 279, Act No. 284, 3; Section
25 of the Charter of the City of Riverdale in its entirety and in
lieu thereof enacting a new Section 25 to read as follows:
Section 25. [Same-]Contempt.
When sitting as a court, the judge or judge pro-tem thereof,
shall have the power to punish for contempt by fine not exceed-
ing One Hundred ($100.00) Dollars, imprisonment in the man-
ner prescribed as aforesaid not exceeding thirty (30) days, one or
both, or any part thereof, in the discretion of the judge or judge
pro-tem.
11a. By striking from Ga. Laws 1957, p. 2791, Act No. 284, 4;
Section 26 of the Charter of the City of Riverdale the following
words:
. . . recorder [and] recorders court . . .
b. and adding the words . . . City Judge and City Court so
that Section 26 shall now read as follows:
Section 26. [Same-]Warrants.
The City Judge of the City of Riverdale shall be authorized to
issue warrants for any offense under any law or ordinance of the
City of Riverdale or this state, and when the offense is against
state laws and not covered by municipal law or ordinance, may
hear evidence and commit to jail or take bond for appearance
before the grand jury or a state court having jurisdiction to try
the same. If the offense charged in the warrant be one against
5326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any law or ordinance of the City of Riverdale, the arresting of-
ficer shall carry before the City Court, where same shall be dis-
posed of as other cases of arrest not under warrant. All warrants
issued by the judge, or anyone authorized to preside in the City
Court, shall be directed to the Chief of Police of the City of
Riverdale, any policeman or marshal thereof, and to all and sin-
gular the sheriffs, deputy sheriffs, and constables of the State of
Georgia, and any one of said officers shall have authority to ex-
ecute warrants.
12. By amending Ga. Laws 1957, p. 2791, Act No. 284, 5; Sec-
tion 27 of the Charter of the City of Riverdale so that it shall
read as follows:
Section 27. [Same-]Witnesses.
The City judge, or judge pro-tem of the City Court shall have
power and authority to subpoena witnesses to attend the City
Court, under the same rules and regulations that regulate and
govern the superior courts of this state, to compel attendance,
and to punish any witness who has been duly subpoenaed and
fails to attend, under the provisions heretofore provided for con-
tempt with respect to authority of the City Judge to punish for
contempt in the City Court.
13. By striking Ga. Laws 1957, p. 2791, Act No. 284, 6; Sec-
tion 28 of the Code of Ordinances of the City of Riverdale in its
entirety.
14. By amending Ga. Laws 1957, p. 2791, Act No. 284, 7; Sec-
tion 30 of the Charter of the City of Riverdale so that it shall
read as follows:
Section 30. Bonds, appearance, forfeiture and cash.
Any police officer of the City of Riverdale shall have authority
to release any person arrested for a violation of any law, regula-
tion or rule of said municipal government upon such person giv-
ing bond payable to the City of Riverdale in an amount and
surety to be approved by the policeman or as directed by the
City Judge, conditioned for the appearance of such person
before the City Court at the time and place specified in said
GEORGIA LAWS 1982 SESSION
5327
bond and from time to time until he or she shall have been tried
for the offense for which charged. If any person so released
under appearance bond shall fail to appear for trial at the time
named therein, such bond shall be forfeited; and a rule nisi shall
be issued requiring him or the surety upon such bond to show
cause before said court, at a time not less than ten (10) days
from the date of such rule, why such bond shall not be abso-
lutely forfeited. Copies of such rule shall be served upon such
person or persons to whom it shall be directed at least five (5)
days before the return day thereof, provided such person or per-
sons are residents of said city, and such service may be made
personally or by mailing a written notice to such person or per-
sons at their last known address. At the time such rule is made
returnable and no sufficient cause be shown, the forfeiture of
said bond shall be final and absolute, and execution shall issue
for the full amount thereof, and all costs, against the principal
and sureties thereof or such of time as shall have been served.
Such execution shall be signed by the clerk of the City of
Riverdale and the City Judge, and shall be directed to all police
officers of said city and to all and singular the sheriffs and con-
stables of this state, and the same when so issued shall be a lien
upon all property, real or personal of such parties, and [of] bind-
ing effect upon such property and of the defendants therein as if
the same were issued upon judgments in the superior courts, and
shall be levied by any officer to whom it shall be directed. Pro-
vided, however, that any police officer of said city, when the
emergency of the occasion demands it, may require cash bonds
for the appearance of such arrested person or persons, and upon
their failure to appear at trial thereof, said cash bond may, in
the discretion of the City Judge, be regarded as a fine and so
assessed by said Judge.
15a. By striking from Ga. Laws 1957, p. 2791, Act No. 284, 8
Ord. of 1-7-80, 1; Section 31 of the Charter of the City of
Riverdale the following words:
. . . recorders court . . .
b. and substituting the words . . . City Court ... so that Sec-
tion 31 of the Charter of Riverdale shall read as follows:
Section 31. Certiorari.
5328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Any person convicted of a violation of any ordinance of said
city in the City Court may apply for certiorari pursuant to the
laws of the State of Georgia, to the Superior Court of Clayton
County, provided all costs are first paid and security given in
double the amount of the fine imposed.
16. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 34; Sec-
tion 34 of the Charter of the City of Riverdale in its entirety.
17. By striking Ga. Law 1970, p. 2611, Act. No. 995, 7; Sec-
tion 34A of the Charter of the City of Riverdale in its entirety.
18. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 38; Sec-
tion 38 of the Charter of the City of Riverdale in its entirety and
in lieu thereof substituting the following:
Section 38. Streets, sidewalks, etc.
The mayor and council of the City of Riverdale shall have full
control and full power and authority to regulate, widen, change,
lay out, direct and control the streets, sidewalks, lanes, alleys,
squares and lands of the City of Riverdale as provided by the
laws of the State of Georgia.
19. By striking Ga. Laws 1956, p. 2205, Act No. 53, 40; Sec-
tion 40 of the Charter of the City of Riverdale in its entirety.
20. By striking Ga. Laws 1956, p. 2205, Act No. 53, 41; Sec-
tion 41 of the Charter of the City of Riverdale in its entirety and
in lieu thereof substituting the following:
Section 41. Occupation and business taxes; Business licenses;
permits; fees.
a. The mayor and council shall have the power and authority
to levy and collect any occupation and business taxes that are
not prohibited by the constitution and general law of Georgia.
These taxes may be levied on any person, firm, partnership,
company or corporation who transacts business in the city or
who practices or offers to practice any trade, business, calling,
vocation or profession within the corporate limits of the city. For
such purpose, these taxes may be levied and imposed on a fixed
GEORGIA LAWS 1982 SESSION
5329
rate or gross receipts basis or any combination thereof. The
mayor and council may classify businesses, occupations, profes-
sions or callings for the purpose of these taxes in any manner as
is reasonable. The mayor and council shall have authority to
provide by ordinance for the return or registration for taxation
of any trade, business, calling, avocation or profession subject to
a tax. Payment of these taxes may be compelled as provided in
section 44 of this chapter.
b. The mayor and council, by ordinance, shall have the indi-
vidual, person, firm, partnership, company or corporation who
transacts business in the city or who practices or offers to prac-
tice 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 reg-
ulation 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 44. The
mayor and council, by ordinance, may establish reasonable re-
quirements for obtaining or keeping licenses as the public
health, safety, and welfare necessitates; including but not lim-
ited to denial or revocation for any violation of federal or state
law or city ordinances.
21. By striking Ga. Laws 1956, p. 2205, Act No. 53, 42; Sec-
tion 42 of the Charter of the City of Riverdale in its entirety.
22. By striking Ga. Laws 1956, p. 2205, Act No. 53, 43; Sec-
tion 43 of the Charter of the City of Riverdale in its entirety.
23. By striking Ga. Laws 1956, p. 2205, Act No. 53, 61; Sec-
tion 61 of the Charter of the City of Riverdale in its entirety.
24. By striking Ga. Laws 1956, p. 2205, Act No. 53, 64; Sec-
tion 64 of the Charter of the City of Riverdale in its entirety.
25. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 65; Sec-
tion 65 of the Charter of the City of Riverdale in its entirety.
26. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 71; Sec-
tion 71 of the Charter of the City of Riverdale in its entirety.
5330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
27. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 72; Sec-
tion 72 of the Charter of the City of Riverdale in its entirety.
A copy of this proposed Amendment to the Charter of the
City of Riverdale (Ga. Laws 1956, p. 2206, Act No. 53 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 thereof 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 Council of the City
of Riverdale. 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 of the Office of the Clerk of the Supe-
rior Court of Clayton County.
All laws and parts of laws in conflict herewith are hereby
repealed.
Enacted this 2nd day of November, 1981.
Mayor and Council of the
City of Riverdale
/s/ Lamar Hutcheson
Mayor
Attest:
/s/ Elizabeth Her, Clerk
City Clerk
Notice
The Mayor and Council of the City of Riverdale intend to
adopt an ordinance amending the Charter of the City of
Riverdale pursuant to Ga. Code Ann. Section 69-1017B to: enu-
merate the powers of the Mayor & Council, to enumerate the
powers and duties of the Mayor, by striking Section 7(b) of said
Charter, by striking Section 3 of Section 14 of said Charter, by
GEORGIA LAWS 1982 SESSION
5331
enumerating employees rights, by striking Section 20 of said
Charter, by providing for an increased performance bond for its
employees, by _______ the authority of the Mayor _______ Term
______at the city, court, by creating-----by________for its ju-
risdiction, ________________________________________removing language concerning-by dele-
gating authority to the City________________________by delegating authority to the
City_______witnesses, by striking Section 28 from said Charter,
by providing authority and procedures for the issuance of ap-
pearance bonds, by removing references to Recorders Court, by
striking Section 34 of said Charter, by striking Section 34A of
said Charter, by providing for regulations-----and sidewalks,
by striking section 40 of said Charter, by striking section 41 of
said Charter, by providing for occupation and business taxes,
business licenses, permits and fees, by striking sections 12, 13,
___, 64, 65, 71 and 72 of said Charter.
Said Charter______of the City of Riverdale-------of Clayton
County.
State of Georgia
County of Clayton
Personally appeared before the undersigned, a notary public
within and for said county and state, William L. Wadkins, pub-
lisher of The News Daily, the official organ for the County of
Clayton for the publication of official or legal advertisements for
said county, said newspaper published at P.O. Box 368, Jones-
boro, Georgia, County of Clayton, State of Georgia, who, being
duly sworn, states on oath that the report of see attached a true
copy of which is hereto annexed, was published in said newspa-
per in its issue of the 10/27, IV3, and days of Oct. & Nov.,
1981. William L. Wadkins, Publisher
______, 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 5th day of November,
5332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1981.
/s/ Brenda N. Morgan
Notary Public
My Commission expires 6/29, 1982
Miscellaneous
A petition has been filed with the City of Riverdale to rezone
the following property from R-5 Multi Family To R-4 Single
Family.
All that tract or parcel of land lying and being in Land Lots
235 and 236 of the 13th District of Clayton County, Georgia, and
being more particularly described as follows:
Beginning at a point on the southwesterly right of way of Tay-
lor Road (80 foot right-of-way) a distance of 140 feet, more or
less, southeasterly from the intersection formed by the south-
westerly right-of-way of Taylor Road and the north line of Land
Lot 235 and running thence in a southeasterly direction along
the southwesterly right-of-way of Taylor Road, and following
the curvature thereof, a distance of 875 feet, more or less, to a
point; running thence in a westerly direction a distance of 335
feet, more or less, to a point; running thence in a northwesterly
direction a distance of 90 feet, more or less, to a point; running
thence in a northwesterly direction a distance of 90 feet, more or
less, to a point; running thence in a northerly direction a dis-
tance of 290 feet, more or less, to a point, running thence in a
northerly direction a distance of 310 feet, more or less, to the
southwesterly right-of-way of Taylor Road (80 foot right-of-way)
and the point of beginning.
The above described property contains 2.0 acres, more or less,
and said description is intended to describe the property lying
between the westerly and southerly sides of the previous loca-
tion of Taylor Road and the southwesterly right-of-way of the
present location of Taylor Road.
A public hearing will be held before the Planning and Zoning
Commission on November 16, 1981 at 7:30 p.m. and before the
Mayor and Council on November 19, 1981 at 7:30 P.M. at the
GEORGIA LAWS 1982 SESSION
5333
City Hall.
/s/ Elizabeth Iler, Clerk
11/3/81
Filed in the office of Secretary of State November 13, 1981.
CITY OF ST. MARYSCOMPENSATION OF MAYOR
AND COUNCIL.
An ordinance to amend an act to provide for a new Charter
for the City of St. Marys, Georgia (Ga. Laws 1981, p. 4763), to
provide for compensation for the Mayor and Council; and for
other purposes.
Be it, and it is, hereby ordained by the Mayor and Council of
the City of St. Marys that an act to provide for a new charter for
the City of St. Marys, Georgia (Ga. Laws 1981, p. 4763), is
hereby amended by striking Paragraph (b) from Section 2-101
and inserting in lieu thereof a new paragraph to read as follows:
(b) The Mayor shall be compensated in an amount not less
than $250.00 per month plus $100.00 per month car allow-
ance, and Council Members shall be compensated in an
amount not less than $250.00 per month. No additional com-
pensation shall be paid for lost time from work.
This amendment shall become effective on January 8, 1981.
Certificate
I, Jane C. Howard, the duly appointed, qualified and acting
Clerk of the City of St. Marys, Georgia, do hereby certify that
the attached Ordinance is a true and correct copy of an Ordi-
nance adopted at the regular meeting of the Mayor and Council
of the City of St. Marys held on October 1, 1981, as it appears
on record and file at City Hall.
5334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
In testimony whereof, I have hereunto set my hand and af-
fixed the seal of the City this 6th day of November, 1981.
Jane C. Howard, City Clerk
Affidavit of Publisher
Georgia
Camden County
Personally appeared before me, the undersigned officer au-
thorized to administer oaths, David V. McKnight, 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 published in St. Marys, Cam-
den 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 publication on behalf of said newspaper;
That he has reviewed the editions of the Camden County
Tribune published on September 10, 1981; September 17, 1981;
and September 24, 1981; and says of his own personal knowledge
that the advertisement attached hereto and made a part hereof
appeared in each of said editions.
David V. McKnight
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 Septem-
ber 3, 1981 and October 1, 1981, act to amend the City Charter
of the City of St. Marys. The proposed amendment will change
GEORGIA LAWS 1982 SESSION
5335
the compensation of the Mayor and Council Members and will
not be effective until January 8, 1982.
A copy of the proposed amendment is on file in the office of
the Clerk of the City of St. Marys and in the office of the Clerk
of the Superior Court of Camden County, Georgia, for the pur-
pose of examination and inspection by the public. Upon written
request to the City of St. Marys, the City shall furnish anyone so
requesting a copy of the proposed amendment.
/s/ James A. Douglas
Mayor, City of St. Marys
9/24
Sworn to and subscribed before me this 16 day of November,
1981.
Audrey T. Addy
Notary Public, Georgia State at Large
My commission expires Nov. 28, 1983
Filed in the Office of Secretary of State November 18, 1981.
CITY OF SAVANNAHPAVING, ETC.
An Ordinance to amend the Charter of the Mayor and Aider-
men of the City of Savannah, Georgia to amend Chapter 2,
Street Improvements, Subchapter (b), Sections 6-213, 6-214 and
6-218 of the 1977 City Code, providing for notice of public hear-
ings and advertisement for bids and notice for hearing of ap-
praisal, assessment and apportionment of costs for street paving
under the 1919 Act of the General Assembly; to amend Section
32 of Appendix I of said 1977 City Code, providing for cutting
and or removal of weeds or debris, providing for two consecutive
publications in a daily newspaper of notice; to repeal all ordi-
nances in conflict herewith; and for other purposes.
5336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it ordained, by the Mayor and Aldermen of the City of
Savannah, 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,
Section 69-1017 that the Charter of the City of Savannah be
amended, as follows:
Section 1: By deleting from the first sentence of Section 6-
213, Chapter 2, Street Improvements, subchapter (b) of the 1977
City Code the word daily so that as amended said sentence
shall read as follows:
Whenever the said Mayor and Aldermen shall deem it de-
sirable to grade, pave, mecadamize, drain or otherwise im-
prove any street, avenue, alley, lane, or any part thereof,
within the limits of the City of Savannah, said Mayor and
Aldermen shall, before adopting a resolution to declare such
work or improvement necessary to be done to give notice to a
public hearing to be held within fifteen (15) days by publish-
ing such notice in a newspaper published and having a gen-
eral circulation in the City of Savannah and by certified mail
to the owners of the land liable to assessment to pay for such
improvements at the address to which tax notices are sent.
Section 2: By deleting from Section 6-214 of Chapter 2,
Street Improvements, subchapter (b) of the 1977 City Code the
sentence Said notice shall be published in ten consecutive is-
sues of a daily newspaper of general circulation in the City of
Savannah, and inserting in lieu thereof the following:
Said notice shall be published in two issues of general circu-
lation in the City of Savannah.
Section 3: By deleting from the third sentence of Section 6-
218 the words in at least five consecutive issues of any daily
newspaper and inserting in lieu the following: in a newspaper
so that as amended said sentence shall read as follows:
When said report shall have been returned and filed, the
said Mayor and Aldermen shall appoint a time for the hold-
ing of a session of council or shall designate a regular meet-
ing of council for the hearing of any complaints or objections
GEORGIA LAWS 1982 SESSION
5337
that may be made concerning the said appraisement, appor-
tionment and assessment as to any such lots or tracts of land
abutting on said improvement, and notice of such session for
the said hearing shall be published by the said clerk of coun-
cil in a newspaper of general circulation in the City of Savan-
nah, and said notice shall provide for an inspection of such
return by any property owner or other party interested in
such return.
Section 4: By deleting from Section (32) of Appendix 1 of
the Code of 1977 the words The notice required shall consist of
two consecutive publications in daily newspaper of general circu-
lation so that as amended said section shall read as follows:
(32) Cutting and/or removal of weeds or debris
The Mayor and Aldermen of the City of Savannah shall have
power and authority to require the owner, or his duly author-
ized agent, of any lot, tract, parcel of land or premises in the
City of Savannah to cut and remove from the same, at any
time that the health officer of said City may deem necessary
any and all weeds or vegetable growth or debris thereon
which might endanger the public health or safety. If, after
fifteen days notice to such owner, or the owners duly au-
thorized agent, the weeds or vegetable growth or debris are
not cut and/or removed, the said Mayor and Aldermen may
cut and/or remove the same and charge the expenses of the
same to the said owner. The said Mayor and Aldermen 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 city
treasurer of said City against the 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
therefor. The said execution shall be a lien upon the said
premises and, when recorded in the general execution docket
of Chatham County, Georgia, shall be a lien upon all of the
property of the defendant in execution from the date of such
record. The notice required shall consist of publication in a
newspaper of general circulation in the City of Savannah of a
notice signed by the health officer or building official of the
City of Savannah and directed to the property owners,
5338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
within fifteen days after the date of the publication of such
notice, to cut or remove any and all weeds or vegetable
growth or debris that may exist upon the land or premises of
such property owners. The said execution shall be levied and
the property sold in the manner now provided for the levy
and collection of executions issued by said City of Savannah
for water rents and the proceedings and provisions for the
filing of an affidavit of illegality by the defendant in execu-
tion, as well as the proceedings for the filing of a claim to the
property levied upon a third person, shall in all respects be
similar to the proceedings and provisions of the law applica-
ble to the levy of executions for water rents and charges by
the said Mayor and Aldermen of the City of Savannah. (Ga.
L. 1919, p. 1294, Sec. 2; Ga. L. 1922, p. 965, Sec. 2; Ga. L.
1978, p. 4911)
Section 5: All Charter, Code provisions, or ordinances in con-
flict herewith are hereby repealed.
Adopted and Approved December 29, 1980
/s/ John P. Rousakis
Mayor
Attest:
/s/ Sophie S. Gottlieb
Clerk of Council
I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Al-
dermen of the City of Savannah, 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, December 29,
1980.
/s/ Sophie S. Gottlieb
Clerk of Council
Signed and Sealed January 2, 1981
GEORGIA LAWS 1982 SESSION
5339
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 be-
ing 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 notice 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 Dec. 10, 1980; Dec. 17, 1980;
Dec. 24, 1980; and says of her own personal knowledge that the
advertisement attached hereto and made a part hereof appeared
in each of said editions.
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 Chapter 2, Street Improvements,
subchapter (b), Sections 6-213 and 6-214 of the 1977 City Code,
providing for notice of public hearings and advertisement for
bids for street paving under the 1919 Act of the General Assem-
bly and also Section 32 of Appendix I of said 1977 City Code,
providing for cutting and removal of weeds or debris, providing
for two consecutive publications in a daily newspaper of notice.
5340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The Amendments will be considered at the meeting of Council
December 11, 1980, to be held at 2:00 p.m. in Council Chambers
at City Hall and further considered for final adoption at the
next regular meeting on December 29, 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 examina-
tion and inspection by the public.
This 3rd day of December, 1980.
/s/ Sophie S. Gottlieb
Clerk of Council
/s/ H.M. Smith
(Deponent)
Sworn to and subscribed before me this 6th day of January,
1981.
/s/ Pamela H. Pinckney
Notary Public
Chatham County, Georgia
Filed in the office of Secretary of State January 8, 1981.
CITY OF SAVANNAHRETIREMENT.
An Ordinance
To Be Entitled
An Ordinance to amend the Charter of the Mayor and Aider-
men of the City of Savannah, Georgia, by amending the pension
plan adopted and approved June 8, 1972, as amended, to pro-
vide benefits to spouses who are beneficiaries of vested partici-
GEORGIA LAWS 1982 SESSION
5341
pants who die while still employed by the city but before reach-
ing retirement age: to change the vesting requirements; to repeal
conflicting laws; and for other purposes.
Be it ordained, by the Mayor and Aldermen of the City of
Savannah, 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 follows:
Section 1: By adding to Article VIIC3(a)(l) the following:
When the named beneficiary is the surviving spouse of a
participant employed by the City at the time of death with
more than ten (10) years of credited service who dies prior to
the earliest date on which he could retire, the surviving
spouse may elect not to withdraw pension contributions and
to receive retirement benefits upon reaching the date which
would have been the normal or alternative retirement date of
the deceased employee. Retirement benefits hereunder are
guaranteed for a minimum of sixty (60) monthly payments in
accordance with Section C, subsection 3 paragraph (b) of this
Article VII unless the participant elected the Joint and Sur-
vivor option not less than six (6) months prior to the date
which would have been the normal or alternative retirement
date of the deceased employee. In the event election of the
Joint and Survivor option is made, benefits will be deter-
mined in accordance with Section C subsection 5 paragraph
b(2) of this Article VII.
Section 2: By striking from Article VII C 4 (a) and (b) all
references to the attaining of age forty (40) so that as amended
said sections shall read as follows:
4. Vesting
(a) Termination Prior to Ten Years of Credited Service
In the event a Participant shall terminate his employment
subsequent to his completion of three months of Credited
Service but prior to his completing one (1) or more years of
5342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Credited Service, the Participants contributions to the Fund
shall be refunded to him. In the event he shall terminate his
employment subsequent to the completion of one (1) year of
Credited Service but prior to the completion of ten (10) years
of Credited Service, his contributions shall be refunded with
interest at a rate as shall from time to time be determined by
the Pension Board.
(b) Termination after Ten Years of Credited Service
In the event a Participant should terminate his employ-
ment after completing ten (10) or more years of Credited
Service and should he elect not to withdraw his contributions
to the Fund, plus interest, he shall be entitled, upon reaching
his normal or alternative retirement date, to receive a
monthly retirement benefit hereunder. The amount of the
deferred monthly retirement benefit shall be determined as
though he had retired under the Plan on an actual retire-
ment date with the years of Credited Service which he had to
his credit at the time of his termination of employment.
Anything herein to the contrary notwithstanding, a Par-
ticipant who shall terminate his employment with the City,
shall qualify for a vested deferred benefit under this Article
VII and who shall elect a return of his contributions to the
Plan plus interest as herein provided shall forfeit his vested
rights hereunder. In no event shall a terminating Participant
be allowed to receive a return of contributions plus interest
and remain entitled to a vested benefit hereunder.
Section 3: All Charter, Code provisions, or ordinances in con-
flict herewith are hereby repealed.
Adopted and Approved December 29, 1980
/s/ John P. Rousakis
Mayor
GEORGIA LAWS 1982 SESSION
5343
Attest:
/s/ Sophie S. Gottlieb
Clerk of Council
I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Al-
dermen of the City of Savannah, Georgia, do hereby certify this
to be a true and exact copy of an ordinance adopted and ap-
proved by said Mayor and Aldermen December 29, 1980.
Signed and Sealed Jan. 2, 1981
/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 be-
ing sworn by me, dispose 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 Dec. 10, 1980; Dec. 17, 1980;
Dec. 24, 1980; and says of her own personal knowledge that the
5344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
advertisement attached hereto and made a part hereof appeared
in each of said editions.
/s/ H.M. Smith
(Deponent)
Sworn to and subscribed before me this 6th day of January,
1981.
/s/ Pamela H. Pinckney
Notary Public
Chatham County, Georgia
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, to provide for benefits for the
surviving spouses of vested employees who died before retire-
ment age and to change the vesting requirement of Ten (10)
years of service and attainment of age 40 to the single require-
ment of Ten (10) years of service.
The Amendment will be considered at the meeting of Council
December 11, 1980, at 2:00 p.m. in Council Chambers at City
Hall and further considered for final adoption at the next regu-
lar meeting on December 29, 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 examina-
tion and inspection by the public.
This 3rd day of December, 1980.
/s/ Sophie S. Gottlieb
Clerk of Council
Filed in the office of Secretary of State January 8, 1981.
GEORGIA LAWS 1982 SESSION
5345
TOWN OF TYRONEMAYORS POWERS.
An Ordinance to amend the Charter of the Town of Tyrone by
changing Article 3, Section 3.103(2).
Be it Resolved and Ordained by the Mayor and Council of
Tyrone:
Section 1: Article 3, Section 3.103(2) of the Charter of the
Town of Tyrone is hereby amended to read as follows:
Appoint and remove all officers, department heads and em-
ployees of the Town with the approval of the Town Council
except as otherwise provided in this Charter.
Section 2. This ordinance shall be of full force and effect
upon the date of final passage in accordance with the Georgia
Home Rule Act.
First Adoption: Adopted this 11th day of December, 1980 by
the Council of the Town of Tyrone.
/s/ M. H. Allen, Jr.
Mayor pro tern
/s/ Betty J. Percival
Attest: Town Clerk
Second Adoption: Adopted this 15 day of January, 1981 by
the Council of the Town of Tyrone.
/s/ M. H. Allen, Jr.
Mayor
/s/ Betty J. Percival
Attest: Town Clerk
5346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
County of Fayette
Before me, an officer authorized to administer oaths, this day
personally came Helen Teague who, being first duly sworn ac-
cording to law says that she is the Business Manager and a duly
authorized representative of the Fayette County News, same be-
ing the official legal organ of Fayette County, and further states
that a legal notice, a copy of which is as follows, to-wit:
Public Notice
On December 11, 1980, the Town Council of the Town of
Tyrone adopted an ordinance to amend the Town Charter in ac-
cordance with the Georgia Home Rule Act. The amendment pro-
vides that the Mayor will be able to remove and appoint officers,
department heads and employees of the Town only with the ap-
proval of the Town Council. Said ordinance shall be presented
for final adoption as required by law at the next regular meeting
of the Town Council January 15, 1981, at 8:00 p.m. in the Town
Hall.
A copy of the proposed amendment is on file with the Town
Clerk and the Clerk of the Superior Court of Fayette County.
Appeared in said newspaper on December 17, December 22
and December 31, 1980, and that same has been published as
provided by the Municipal Home Rule Act of 1965.
/s/ Helen Teague
Business Manager
Sworn to and subscribed before me, this 19 day of Oct., 1981.
/s/ Wesley R. Asinof
Judge, Municipal Court
Town of Tyrone.
Filed in the office of Secretary of State October 23, 1981.
GEORGIA LAWS 1982 SESSION
5347
TOWN OF TYRONEMUNICIPAL COURT.
An Ordinance to amend the Charter of the Town of Tyrone so
as to change the jurisdiction and powers of the Judge of the Mu-
nicipal Court by increasing the maximum fine and method of
punishment, by repealing cash bonds on appeal, by repealing de
novo appeals and substituting review by writ of certiorari, by
striking the word Recorder as used in Section 4.102(d) and
substituting the word municipal, to repeal conflicting laws and
ordinances, and for other purposes.
The Council of the Town of Tyrone Hereby Ordains:
Section 1. Section 4.102(d) of the Charter of the Town of
Tyrone (Ga. Laws 1975, p. 3900) is hereby amended so as to re-
peal the word Recorder as used in said subsection and in-
serting in lieu thereof the word Municipal so that said subsec-
tion shall hereafter read as follows:
(d) The mayor upon recommendation of judge of the mu-
nicipal court shall appoint a prosecutor of municipal court
subject to approval of majority of council.
Section 2. Section 4.104(a) of the Charter of the Town of
Tyrone (Ga. Laws 1975, p. 3900) is hereby amended by repealing
the entire third sentence of said subsection, and inserting in lieu
thereof the following sentence:
Unless a lesser penalty is provided by ordinance the judge
shall have the power to impose fines, costs and forfeitures for
the violation of any law or ordinance of the Town of Tyrone
passed in accordance with this charter, to an amount not to
exceed one thousand dollars ($1,000.) for each offense; to im-
prison offenders for a period of not more than twelve (12)
months for each offense; or at labor on the roads and streets
or other public works of said town for not more than twelve
(12) months for each offense, any one or more of these pun-
ishments in the discretion of the judge.
so that said Section 4.104(a) shall hereafter read as follows:
The municipal court shall try and punish for crimes against
5348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Town of Tyrone 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 two hundred dollars ($200.) or sixty (60) days in
jail. Unless a lesser penalty is provided by ordinance the
judge shall have the power to impose fines, costs and forfeit-
ures for the violation of any law or ordinance of the Town of
Tyrone passed in accordance with this charter, to an amount
not to exceed one thousand dollars ($1,000.) or each offense,
to imprison offenders for a period of not more than twelve
(12) months for each offense, or at labor on the roads and
streets or other public works of said town for not more than
twelve (12) months for each offense, any one or more of these
punishments in the discretion of the judge.
Section 3. Section 4.104(c) of the Charter of the Town of
Tyrone (Ga. Laws 1975, p. 3901) is hereby amended by striking
the word appeal from the second sentence of said subsection,
so that said sentence will hereafter read as follows:
All cash bonds shall be immediately deposited with city
clerk and not retained by the arresting officer(s).
Section 4. Section 4.105 of the Charter of the Town of
Tyrone (Ga. Laws 1975, p. 3902) is hereby repealed in its en-
tirety, and inserting in lieu thereof an entirely new Section 4.105
to read as follows:
Any defendant who is dissatisfied with the judgment or sen-
tence of the municipal court shall have the right to seek re-
view of said judgment or sentence by filing a petition for the
writ of certiorari in the superior court of Fayette Couty as
provided by the general law of this State. Upon the filing of a
Notice of Intention to Petition for Certiorari with the clerk
of the municipal court in writing and within ten (10) days
after the date of the final judgment, it shall be the duty of
the judge of said court to assess a reasonable bond pending
the review of the judgment of conviction, with such surety or
sureties to be approved by the clerk of said court, and such
bond, when filed and approved as provided herein, shall act
as a supersedeas of judgment until the final judgment of the
superior court.
GEORGIA LAWS 1982 SESSION
5349
Section 5. Section 4.102(e) of the Charter of the Town of
Tyrone (Ga. Laws 1975, p. 3900) is hereby amended by striking
from said subsection the words either and the Town or a,
and striking from said subsection the word recorder and in-
serting the word municipal, so that said subsection is hereaf-
ter read as follows:
(e) The town attorney is prohibited from representing a de-
fendant on trial in the municipal court of the Town of
Tryone.
Section 6. All ordinances and laws in conflict with this ordi-
nance are hereby repealed.
Section 7. This ordinance shall take effect upon the date of
its final passage in accordance with the Georgia Home Rule Act,
after having been advertised as provided by law and filed in the
Office of the Secretary of State of the State of Georgia.
First Adoption: Adopted this 17 day of September, 1981, by
the Council of the Town of Tyrone.
/s/ M.H. Allen, Jr.,
Mayor
/s/ Betty J. Percival
Attest: Town Clerk
Second Adoption: Adopted this 15 day of October, 1981, by
the Council of the Town of Tyrone.
/s/ M.H. Allen, Jr.,
Mayor
/s/ Bonnie B. Wiggins
Attest: Town Clerk (Asst.)
State of Georgia
County of Fayette
Before me, an officer authorized to administer oaths, this day
personally came Helen Teague who, being first duly sworn ac-
5350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cording to law says that she is the Business Manager and a duly
authorized representative of the Fayette County News, same be-
ing the official legal organ of Fayette County, and further states
that a legal notice, a copy of which is as follows, to-wit:
Notice is hereby given that an ordinance will be presented to
the mayor and council of the Town of Tyrone for final adoption
on October 15, 1981, at 8:00 P.M. at the Town Hall in Tyrone to
amend the charter of the Town pursuant to authority granted by
the Home Rule Bill, Georgia Laws 1965; pp. 298, 299, (Georgia
Code Title 69-1017(a) and (b) 1,) and was presented for first
reading on September 17, 1981 at 8:00 P.M. at the same place.
The proposed charter amendment will change the jurisdiction
and powers of the judge of the municipal court by increasing the
maximum fine and method of punishment, by repealing cash
bonds on appeal, by repealing de novo appeals and substituting
review by writ of certiorari, by striking the word recorder as
used in one section and substituting the word municipal by
repealing conflicting laws and ordinances, and for other
purposes.
A copy of the proposed amendment is on file in the office of
the town clerk of the Town of Tyrone, and in the office of the
Clerk of the Superior Court of Fayette County for the purpose
of examination and inspection by the public.
/s/ Betty J. Percival
Town Clerk
appeared in said newspaper on September 23, September 30 and
October 7, 1981, and that same has been published as provided
by the Municipal Home Rule Act of 1965.
/s/ Helen Teague
Business Manager
Sworn to and subscribed before me, this 15th day of October,
GEORGIA LAWS 1982 SESSION
5351
1981.
/s/ Wesley R. Asinof
Judge, Municipal Court
Town of Tyrone
Filed in the office of Secretary of State October 23, 1981.
CITY OF WAYCROSSCOMPENSATION OF MAYOR
AND COUNCIL.
An Ordinance to amend the Charter of the City of Way cross,
Georgia, so as to authorize the City Commission to fix the salary
of the Mayor in an amount not to exceed nine thousand dollars
per annum and to fix the salaries of each of the other members
of the Commission in an amount not to exceed six thousand dol-
lars per annum: to provide for an effective date: and for other
purposes.
Be it ordained by the Commission of the City of Way cross as
follows:
Section 1. Pursuant to authority conferred by the Municipal
Home Rule Act of 1965 (Ga. L. 1965, p. 298) as amended, the act
creating and establishing a new charter for the City of Waycross
approved August 17, 1909 (Ga. L. 1909, p. 1456) as amended,
particularly by an Act approved August 16, 1922 (Ga. L. 1922, p.
1087), and an Act approved February 4, 1953 (Ga. L. 1953, Jan.-
Feb. Session, p. 2103), and an Act approved February 27, 1970
(Ga. L. 1970, p. 2222), is hereby amended by striking Section 9
of the Amendatory Act of 1922, as amended, in its entirety and
inserting in lieu thereof a new Section 9 to read as follows:
Section 9. The city commission shall fix the salary of the
Mayor in an amount not to exceed Nine Thousand ($9,000.00)
Dollars per annum. The city commission shall fix the salary of
each of the other members of the commission in an amount not
5352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to exceed Six Thousand ($6,000.00) Dollars per annum. The sal-
ary of the mayor and the other members of the commission as
fixed by the commission shall be paid in equal monthly install-
ments from the funds of the City of Waycross.
Section 2. All ordinances and parts of ordinances in direct
conflict herewith are hereby repealed.
Adopted on first reading this 19th day of February, 1981.
/s/ C. C. McCray
Mayor
Attest:
/s/ T. C. Gattis
City Clerk
Adopted on second and final reading this 3rd day of March,
1981.
/s/ C. C. McCray
Mayor
Attest:
/s/ T. C. Gattis
City Clerk
Georgia
Ware County
I, T. C. Gattis, City Clerk of the City of Waycross, do hereby
certify that the foregoing is a true and correct copy of an ordi-
nance adopted by the Commission of the City of Waycross at its
two regular consecutive meetings on February 19, 1981, and
March 3, 1981, as the same appears on file and record in my
office.
Witness my signature and the official seal of the City of Way-
GEORGIA LAWS 1982 SESSION
5353
cross, this 28th day of May, 1981.
/s/ T. C. Gattis, City Clerk
City of Waycross
Public Notice
Notice is hereby given that an ordinance amending the charter
of the City of Waycross so as to provide for an increase in the
maximum compensation of the mayor and other members of the
city commission that may be fixed by the Commission of the
City of Waycross will be considered by said Commission.
A copy of the proposed ordinance is on file in the office of the
City Clerk and in the office of the Clerk of the Superior Court of
Ware County, Georgia, for the purpose of examination and in-
spection by the public.
This 30th day of January, 1980.
/s/ T. C. Gattis
City Clerk
City of Waycross
Georgia
Ware County
Before me, the undersigned officer duly authorized by law to
administer oaths, personally appeared Betty W. Katkaveck,
who, first being sworn, on oath states that she is the legal adver-
tising manager of the Waycross Journal-Herald, which newspa-
per is the official organ of Ware County, Georgia, and of general
circulation in Waycross, Georgia, and as such is duly authorized
to make this affidavit of publication. Affiant says further on oath
that the attached and foregoing public notice was published in
said newspaper on January 31, 1981, February 7, 1981, and Feb-
ruary 14, 1981.
/s/ Betty W. Katkaveck
5354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me this 28 day of May, 1981.
/s/ Lena Simmons
Notary Public, State at Large
My Commission Expires August 19th, 1984
Filed in the office of Secretary of State May 29, 1981.
CITY OF WAYCROSSWARDS.
An Ordinance to amend the Charter of the City of Waycross,
Georgia, so as to consolidate Wards Two (2) and Three (3) into
consolidated Ward Two (2) and to consolidate Wards Four (4)
and Five (5); and for other purposes.
Whereas, the Charter of the City of Waycross presently pro-
vides for the division of the city into six wards or election dis-
tricts; and
Whereas, the Judge of the Probate Court of Ware County,
Georgia, by order dated April 9, 1979, consolidated Wards 2 and
3 into one election district and consolidated Wards 4 and 5 into
one election district for all Federal, State, and county elections;
and
Whereas, the City of Waycross has heretofore elected to use
the voter registration lists of Ware County in municipal elec-
tions, and the Board of Registrars of Ware County, Georgia, now
does not maintain separate registration lists for Wards 2, 3, 4
and 5, but only maintains registration lists for Consolidated
Election District Number 2 and 3 and for Consolidated Election
District Number 4 and 5; and
Whereas, in order that the City of Waycross may continue to
use the voter registration lists of Ware County in municipal elec-
tions and not be required to establish and maintain its own
voter registration system, the Commission deems it necessary
GEORGIA LAWS 1982 SESSION
5355
and in the public interest to consolidate Wards 2 and 3 into one
election district and to consolidate Wards 4 and 5 into one elec-
tion district for municipal elections, thereby conforming to the
previous action by Ware County; and
Whereas, the Georgia Municipal Election Code provides that
the governing authority of the municipality in which the same
are located may consolidate adjoining election districts, and that
insofar as practicable the districts shall be the same as those for
county and State elections;
Now, therefore, be it ordained by the Commission of the City
of Waycross as follows:
Section 1. Pursuant to authority conferred by the Municipal
Home Rule Act of 1965 (Ga. L. 1965, p. 298), as amended, the
Act of the General Assembly of Georgia creating and establish-
ing a new charter for the City of Waycross approved August 17,
1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act
approved July 27, 1929 (Ga. L. 1929, p. 1461), is hereby
amended by striking Section 2 of said Act of 1929 in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The said City of Waycross shall be divided into
four wards, said wards to be numbered One, Consolidated Two
and Three, Consolidated Four and Five, and Six respectively,
the limits and boundaries of which shall be respectively as
follows:
Ward One (1) shall include all of the territory within the city
limits bounded on the southeast by the mainline of the Seaboard
Coast Line Railroad Company from Waycross to Savannah; on
the southwest by Oak Street from the Western margin of State
Street to the city limits, and by State Street from its intersec-
tion with Oak Street to its intersection with the east side of
Plant Avenue.
Consolidated Ward Two (2) and Three (3) shall include all the
territory within the city limits bounded on the northeast by Oak
Street, from its intersection with State Street to the city limits,
and State Street from its intersection with Oak Street to its in-
tersection with the east side of Plant Avenue; on the southeast
5356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the mainline of the Seaboard Coast Line Railroad Company
from Savannah to Montgomery, Alabama, said last named
boundary consisting of one unbroken line running southwest to
the city limits.
Consolidated Ward Four (4) and Five (5) shall include all of
the territory within the city limits bounded on the northwest by
the mainline of the Seaboard Coast Line Railroad Company
from Savannah to Montgomery, Alabama from the Gilmore
Street crossing on said mainline to the city limits on the south;
on the east by Gilmore Street from said Gilmore Street crossing
south to the intersection of Gilmore Street with Reynolds Street;
bounded on the north by Reynolds Street from its intersection
with Gilmore Street east to the city limits.
Ward Six (6) shall include all of the territory within the city
limits bounded on the northwest by the mainline of the Sea-
board Coast Line Railroad Company from Savannah to Mont-
gomery, Alabama, from the intersection of said mainline on the
north with the city limits to what is known as the Gilmore
Street crossing of said mainline; bounded on the west by Gil-
more Street from its intersection with Reynolds Street to the
Gilmore Street crossing of the Savannah mainline of the Sea-
board Coast Line Railroad Company; bounded on the south by
Reynolds Street from its intersection with Gilmore Street east to
the city limits.
Section 2. All ordinances and parts of ordinances in direct
conflict herewith are hereby repealed.
Adopted on first reading this 6th day of May, 1981.
/s/ C. C. McCray
Mayor
Attest:
/s/ T. C. Gattis
City Clerk
GEORGIA LAWS 1982 SESSION
5357
Adopted on second and final reading this 19th day of May,
1981.
/s/ C. C. McCray
Mayor
Attest:
/s/ T. C. Gattis
City Clerk
Georgia
Ware County
I, T. C. Gattis, City Clerk of the City of Waycross, do hereby
certify that the foregoing is a true and correct copy of an ordi-
nance adopted by the Commission of the City of Waycross at its
two regular consecutive meetings on May 6, 1981, and May 19,
1981, as the same appears on file and record in my office.
Witness my signature and the official seal of the City of Way-
cross, this the 21st day of May, 1981.
/s/ T. C. Gattis
City Clerk
City of Waycross
Public Notice
Notice is hereby given that an ordinance amending the charter
of the City of Waycross so as to consolidate Wards 2 and 3 into
Consolidated Ward 2 and 3, and to consolidate Wards 4 and 5
into Consolidated Ward 4 and 5, will be considered by the Com-
mission of the City of Waycross.
A copy of the proposed ordinance is on file in the office of the
City Clerk and in the office of the Clerk of the Superior Court of
Ware County, Georgia, for the purpose of examination and in-
spection by the public.
5358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 1st day of May, 1981.
/s/ T. C. Gattis
City Clerk
City of Waycross
Georgia
Ware County
Before me, the undersigned officer duly authorized by law to
admininster oaths, personally appeared Betty W. Katkaveck,
who, first being sworn, on oath states that she is the legal adver-
tising manager of the Waycross Journal-Herald, which newspa-
per is the official organ of Ware County, Georgia, and of general
circulation in Waycross, Georgia, and as such is duly authorized
to make this affidavit of publication. Affiant says further on oath
that the attached and foregoing public notice was published in
said newspaper on May 2, 1981, May 9, 1981, and May 16, 1981.
/s/ Betty W. Katkaveck
Sworn to and subscribed before me, this 28 day of May, 1981.
/s/ Lena Sermons
Notary Public, State at Large
My Commission Expires August 19th, 1984
Filed in the office of Secretary of State May 29, 1981.
5359
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 23, 1982
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 343, 470, 511, 522, 558 and 584
which were passed by the General Assembly of Georgia at the
1982 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:yl
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 Michael J. Bowers, Attorney General
Honorable David B. Poythress, Secretary of State
5360
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 23, 1982
George Busbee
Governor
Honorable Thomas B. Murphy
Speaker, House of Representatives
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 76, 530, 1167, 1256, 1390 and 1736
which were passed by the General Assembly of Georgia at the
1982 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:yl
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 Michael J. Bowers, Attorney General
Honorable David B. Poythress, Secretary of State
5361
Veto No. 13S. B. 343 by Senator Greene of the 26th
Senate Bill 343 changes the training requirements of certain
applicants for chiropractic licensure. Because of a technical
drafting error, the author of Senate Bill 343 has requested that
this bill be vetoed in the light of the fact that a corrected version
of the substantive change sought to be effected by this bill was
incorporated into separate legislation already passed by the
General Assembly and approved by me.
Veto No. 14S. B. 511 by Senators Garner of the 30th, Hill of
the 29th, Cobb of the 28th and Barnes of the
33rd
Senate Bill 511 is a mixture of constitutionally impermissible
substantive and procedural legal concepts which, taken as a
whole, results in a bill which I cannot sign.
The first part of the bill prohibits the publication of the name
or identity of any person under the age of 17 who has been or
may have been the victim of a felony without the written con-
sent of a parent or legal guardian of such person. The bill makes
it a misdemeanor to do so. While it is important that we protect
the youthful victims of crime in this State to the greatest extent
possible, this bill would directly infringe on the right of the
press to freely publish matters which are of legitimate public
concern. This is clearly an infringement on the right to freedom
of the press in violation of the First Amendment, and I feel the
courts, if this bill were signed into law, would so declare it.
The second part of the bill prohibits the sale of obscene mate-
rial to minors and the display of such materials in public places
where minors may frequent. Last year, I signed into law a simi-
lar bill (Act 785) notwithstanding serious reservations that I had
concerning its impact upon First Amendment rights. That Act
was declared to be unconstitutionally overbroad and vague
which resulted in the infringement on the First Amendment
rights of both minors and adults. It is evident that the authors
of Senate Bill 511 have attempted to remedy each and every de-
fect found by the court in Act 785. However, I have grave con-
5362
cerns about the constitutionality of the display provisions.
The limitation of the materials that may be displayed at pub-
lic places to that which is suitable to minors will prevent the
perusal by adults at public places of materials which are not ob-
scene as to adults. While the intent of the bill is certainly lauda-
ble and it is important that we protect our youth to the greatest
extent possible, this bill infringes on the rights of adults to view
constitutionally protected material. This is clearly a prior re-
straint on the free exercise of speech of adults in violation of the
First Amendment, and I feel the courts, if this bill were signed
into law, would so declare it.
My third objection to Senate Bill 511 is that it is violative of
the Georgia Constitution which prohibits the passage of any law
which contains more than one subject matter. Senate Bill 511
contains two subject matters with no unity of purpose. The first
part of the bill regulates the manner in which the press may re-
port a criminal offense where a minor is or may be a victim. The
second part of the bill establishes standards by which materials
may be found harmful to minors and prohibits the display or
sale of such materials to minors.
These separate legal concepts are clearly not substantively
germane to one another since one attempts to limit the press
and the other attempts to limit the sale of defined material.
They are conjecturally related only in that they both deal with
minors. In my opinion, this is not sufficient under our State
Constitution.
Veto No. 15S. B. 522 by Senator Barnes of the 33rd
Senate Bill 522 would provide that a postponement shall be
granted by the court as a matter of right if notice is given prior
to the call of the case that counsel for either party is absent due
to the trial of a case in another court. The author of Senate Bill
522, following the decision of the Court of Appeals found in 160
Ga. App. 413, in a thoughtful and reflective manner attempted
to provide a workable solution to the dilemma which often coun-
sel are faced when their presence is required in two different
courts. However, keeping in mind that the present state of the
5363
law provides a workable solution if timely pursued by counsel,
and that by far and large the trial judges of this State will exer-
cise sound discretion and good judgment in granting continu-
ances, it is my belief that far more damage and potential for
abuse of the orderly administration of the trial court business
would exist if Senate Bill 522 were allowed to become law than
is presently possible. Given the options, I feel the final resolu-
tion of such conflicts is better left to the judgment of the court
than in the hands of counsel alone.
Veto No. 16Senate Bill 558 by Senator Kidd of the 25th
Senate Bill 558 would grant to certain job classes of state cor-
rectional officers a two grade upward reassignment. I have inves-
tigated the relative equity of the pay grade assignments of the
employees affected by Senate Bill 558. The pay scales of such
officers are not in perfect harmony with similar employee clas-
ses. This deficiency, therefore, will be corrected through appro-
priate administrative channels within the State Merit System.
While recognizing that a problem exists as to these employees
pay grades, it is an unwise precedent to allow the correction of
such deficiencies to be addressed legislatively. To do so would
perhaps encourage those among the ranks of state employees
who possess the sophistication and political expertise to seek re-
dress through their elected officials, while the less powerful and
politically knowledgeable employees needs would perhaps go
unattended. The administration of state personnel management
based upon merit ensures a professional and impartial mecha-
nism to achieve equity among all classes of employees. This sys-
tem will be employed to redress the grievances of the affected
correctional officers. Therefore, Senate Bill 558 is not required,
and it has been accordingly vetoed.
Veto No. 17Senate Bill 584 by Senators Kennedy of the 4th,
Gillis of the 20th, English of the 21st and others
Senate Bill 584 would provide that the Board of Offender Re-
habilitation is not authorized to compensate inmates employed
in any industry or performing services at any correction institu-
tion. While the Board currently has the authority to provide
5364
compensation for employed inmates and has had such authority
since 1975, it has never been exercised. This is due primarily to
the fact that no funds have ever been appropriated to the Board
for that purpose. While I agree with the concept, I feel that the
appropriate way to decide the issue of whether inmates should
be compensated for their service is through the annual appropri-
ations process. We should not foreclose the use of this rehabili-
tative tool in our corrections administration in the future, if
funds are appropriated. For this reason, I am vetoing Senate Bill
584.
Veto No. 18House Bill 76 by Representative Hutchinson of
the 133rd
House Bill 76 would, among other matters, provide that after
November 1, 1982, no member of the Employees Retirement
System of Georgia would be required to retire because of age.
The implications of this change in the personnel administration
of this State is profound. Only recently the mandatory retire-
ment age was appreciably increased to age 70. The effect of this
significant personnel policy change has not yet fully been ana-
lyzed or evaluated. There are presently in place adequate excep-
tions to the mandatory retirement age to enable the State to
continue to utilize the unique talents and abilities of older em-
ployees possessing essential professional, scientific or technical
skills beyond the age of 70. I think it unwise at this particularly
uneasy time to embark upon a change in personnel management
of unknown dimensions.
Veto No. 19H. B. 530 by Representative Snow of the 1st,
Walker of the 115th, Culpepper of the 98th and
others
House Bill 530 provides a long arm statute which specifies
the circumstances under which personal jurisdiction might be
achieved over nonresidents in actions relating to alimony, child
support and the division of property in relation to divorce. I am
concerned that two of the permissible conditions specified do
not constitute sufficient nexus with the State, and I am, there-
fore, fearful that the entire statute might be declared unconsti-
5365
tutional by the courts if challenged at a later date. I have dis-
cussed my concerns with those parties interested in the bill, and
we have collectively agreed that it would be the better part of
wisdom to address the nexus problems with more intensive
study and then provide the State at the next session of the Gen-
eral Assembly with a strong, defensible long arm statute. There-
fore, I have not allowed House Bill 530 to become law.
Veto No. 20H. B. 1256 by Representative Lane of the 40th
House Bill 1256 creates the State Boxing Commission and in-
vests the Commission with the authority to regulate the promo-
tion or holding of professional boxing matches. The Commission
is composed of three members, one to be appointed by the Gov-
ernor, one by the Lieutenant Governor and one by the Speaker
of the House of Representatives. The regulation and licensing of
professional boxing is an executive function. I find no problem
with the objectives sought to be achieved by the creation of the
Commission. However, I feel strongly that it is unwise to allow
legislative or judicial officers to appoint members to executive
agencies. Accordingly, I have vetoed House Bill 1256.
Veto No 21H. B. 1736 by Representatives Hanner of the
130th and Coleman of the 118th
House Bill 1736 would allow employees of the state and local
political subdivisions whose principal duties relate to the incar-
ceration or supervision of persons accused or convicted of crimes
to be included within the definition of prison guards who are
eligible for indemnification due to the death or disability of such
personnel occurring in the line of duty. The authors intent was
to include parole and probation officers only. The Constitution
permits the General Assembly to provide such benefits only to
law enforcement officers, prison guards or firemen. To expand
the category of personnel eligible to receive such indemnification
to anyone not even remotely related to the hazardous working
conditions experienced by prison guards whose daily routine re-
quires their close supervisory contact and association with dan-
gerous criminals was not contemplated by the people of this
State when the Constitution was amended to permit such com-
5366
pensation. If House Bill 1736 were allowed to become law, a cler-
ical employee of the Department of Offender Rehabilitation in-
jured or killed in an automobile accident while performing a
routine errand for the Department would be eligible for a maxi-
mum indemnification payment of $50,000, notwithstanding the
fact that that employee never experienced any more hazardous
working conditions during his entire work experience than the
thousands of the other clerical employees working daily through-
out this entire State. The indemnification program was inaugu-
rated for the purpose of indemnifying those persons injured or
killed in the course of the extremely hazardous work environ-
ment experienced by law enforcement officers, prison guards and
firemen. I see no justification for expanding the benefits of the
program to those categories of employees who do not participate
in or are not exposed to the very real dangers of such hazardous
professions. Therefore, I have vetoed House Bill 1736.
Veto No. 22S. B. 470 by Senators Thompson of the 32nd,
Barnes of the 33rd & Stumbaugh of the 55th
Senate Bill 470 would authorize a jury, upon the finding that
one or more aggravating circumstances were present in the com-
mission of a crime in which the death penalty was sought, to
impose a sentence of life without parole.
If there was one single issue which dominated or characterized
the prevailing mind set of the majority of the members of the
General Assembly in the 1982 session, it was the issue of law
and order and lets get tough with the criminals. Due in large
part to the publics very understandable reaction of outrage and
frustration due to the failure of the criminal justice system to be
able to respond appropriately by permitting the imposition of
the death penalty as punishment for one of the more horrible
and vile crimes committed within recent memory, the General
Assembly reacted with a deluge of proposals to address this con-
cern. Many of the proposals were well-conceived, artfully
drafted and responsibly presented throughout the legislative
process. Unfortunately, other proposals were not imbued with
those attributes.
Senate Bill 470 in my judgment was one of the more irrespon-
5367
sible products of the law and order demagoguery which so often
shouted down and swept before it responsible descent in the
rush of the irresponsible or ill-informed supporters of this pro-
posal to demonstrate to their constituency that they were indeed
the champion of the lawful and the annointed enemy of the
criminal.
The enactment of the life without parole legislation in my
judgment is the cruelest hoax visited upon the public by the
General Assembly in recent memory. The public during this ses-
sion of the General Assembly manifested a very real interest and
desire for a change in our criminal justice system so that when
particularly terrible crimes are committed, but yet a jury cannot
unanimously agree that a death sentence is warranted, that
there be some alternative to a prison sentence which might re-
sult in the perpetrator being released after a minimum period of
confinement of seven years. I, myself, find no particular fault
with the concept desired by the people. However, there were
available to the General Assembly correct avenues and means as
well as ill-conceived and inappropriate ways to execute this
policy.
For reasons which I am totally without ability to comprehend,
the General Assembly elected to choose the most obviously and
patently wrong way to proceed to effectuate this concept; and
when any attempt at responsible constraint or wise counsel was
advanced, it was immediately and effectively silenced or ignored
by the breast beating law and order majority. If the time has
come in Georgia to limit the absolute constitutional authority of
the State Board of Pardons and Paroles to grant executive clem-
ency to persons convicted and sentenced to life imprisonment
for the commission of certain crimes, then no member of the
General Assembly is without the presumed knowledge that the
Constitution must first be altered to permit this limitation of
the Boards otherwise complete and unrestrained authority. The
proposed new Constitution, adopted in the 1981 special session,
was successfully amended during the 1982 session of the General
Assembly to specifically authorize the General Assembly to limit
the Boards authority in precisely this exact instance. Therefore,
all that was required of the General Assembly was to enact an
appropriate statute and for its effectiveness to be made contin-
gent upon the Constitution being altered to permit the action in
5368
order to successfully limit the Boards authority. Such a statute
would have been legally sound and absolutely unassailable on
constitutional grounds. Instead, a majority of the General As-
sembly elected to proceed without constitutional authority in
the most oblique and contorted manner by allowing a jury to
impose a sentence of life without parole.
If Senate Bill 470 were allowed to become law, there is no
doubt in my mind that the public and in particular every juror
who voted for a life without parole sentence would justifiably,
but mistakenly, believe that a person so sentenced would indeed
spend the remainder of his life in prison. In actuality, nothing
further from the truth would result, and the State Board of Par-
dons and Paroles, could (but, of course, in my judgment would
not) release on parole the convicted and sentenced individual
the very next day following the imposition of the jury sentence. I
will not permit the public to be so deceived and to further sub-
ject the criminal justice system to derision and ridicule when
this cruel hoax would be immediately unmasked at the very first
opportunity by any challenge within our judicial system.
When the Supreme Court of the United States declared un-
constitutional our death penalty statute and provided guidelines
which must be followed in order that the death penalty might be
imposed in certain aggravated cases, we complied by passing a
new death statute that limited the imposition of the death pen-
alty to those cases in which these aggravating circumstances
were found to exist by the jury. Our new statute has been deter-
mined to be constitutional by the Supreme Court of the United
States. We now have over 100 prisoners on death row that have
been sentenced to death under a constitutional law, and yet
these prisoners remain there year after year while a never ending
game of delay is played out in our judicial system.
It has been my sad experience to meet with members of the
Alday family whose loved ones were mutilated by mass murder-
ers; with a grandmother whose grandbaby was sexually abused,
mutilated and murdered; and with Reverend Buice whose
daughters murder and resulting trial have only heightened the
publics sense of frustration with the delays experienced with
the death penalty.
5369
It is with the foregoing background that I can honestly say
that there is not a stronger advocate in Georgia of the imposi-
tion of the death sentence than George Busbee.
At the suggestion of the Supreme Court of Georgia, and with
my support the Georgia General Assembly passed a unified ap-
peal statute to combine and expedite appeals in the State judi-
cial system. But we still have inexplainable delays in the federal
courts.
The Attorney General of Georgia has served notice on the fed-
eral courts that the State will not agree to any further delays in
the federal courts. He has computerized the trial status of every
prisoner on death row so as to expedite hearings before the fed-
eral courts.
As I stated several months ago, it appears that we are on the
road to removing the roadblocks on carrying out the death pen-
alty, and it appeared that we would have our first execution the
latter part of this year or early next year. It is with this scenario
that I have evaluated the bill under consideration.
Even if Senate Bill 470 did not, as it does, patently violate our
State Constitution, I would not approve of it, because in my
judgment, the bill represents a serious weakening of our death
penalty. If I were to sign this bill today and were it to remain
operative until thrown out by the court, irreparable harm would
result.
First, the approval of this bill could very well result in the
constitutional death statute we now have being declared
unconstitutional.
Under the present death penalty statute, after a determina-
tion of guilt, if a jury finds that one or more of the specified
aggravating circumstances were present in the commission of the
crime, the jury is authorized to impose the death sentence. The
only other alternative is a sentence of imprisonment for life.
This bill will provide the jury with a third alternative. If the jury
found the same aggravating circumstances present that would
legally authorize them to impose the death penalty, the jury may
impose a sentence of life without parole. For this reason, Senate
5370
Bill 470 would further impede the imposition of the death sen-
tence even in those cases where the Supreme Court has stated it
would be permissible to impose the penalty of death.
For the very same legal reasons I have explored more fully in
my veto message of House Bill 1167 (Veto No. 23), the Supreme
Court would in my judgment declare this bill unconstitutional
because it does not provide any rationally reviewable process to
determine why in one instance during the commission of a crime
an aggravating circumstance caused the imposition of a death
sentence, but permits in another instance, identical in its factual
occurrence, that a life without parole sentence would be im-
posed. The bill thus allows the arbitrary and capricious imposi-
tion of the death sentence which must be struck down by the
courts. In the meantime, how many murderers will have escaped
the death penalty which, without this bill, would have otherwise
been sentenced to a just and appropriate penalty of death?
The means to accomplish the desired objective of insuring
that persons who commit certain crimes and are sentenced to
imprisonment for life will not be paroled is available if the peo-
ple will pass the proposed new Constitution in November which
contains therein the authorization of the General Assembly to so
limit the powers of the Board of Pardons and Paroles.
Meanwhile, I think we should preserve the death statute we
have and not open it up to constitutional attack, and that we
should try to expedite the execution of the sentences of death
that have been imposed.
I have listened to the election year rhetoric and demagoguery
in the passage of this bill, and I am prepared for that which will
follow my veto. Meanwhile, I will continue to support the death
penalty and seek to expedite it in every lawful instance as I feel
that it is the greatest deterrent to the commission of heinous
crimes.
I commend the responsible members of the General Assembly
who had the courage to exert unpopular opposition to this pro-
posal. I am convinced that thoughtful reflection will demon-
strate the wisdom of those members opposition and the correct-
ness of my decision to veto Senate Bill 470.
5371
Veto No. 23H. B. 1167 by Representative Darden of the
19th and Snow of the 1st
House Bill 1167 would authorize the court in criminal cases in
which the death penalty were being sought to declare a mistrial,
impanel a new jury and proceed to completion with the sentenc-
ing portion of the case when at least ten, but less than 12, of the
original jurors were in favor of imposing the death sentence and
at least one aggravating circumstance was found to be present.
The very same crime and circumstances which caused the Gen-
eral Assembly to enact Senate Bill 470 provided the motivation
to address the very same frustrations enunciated by the public
as a result of that case, but to approach the problem differently
as outlined above.
I feel that my own very strong support of the death penalty
and belief that the death penalty is an appropriate punishment
for the commission of particularly heinous crimes is shared and
concurred in by the vast majority of the citizens of this State.
Since the death penalty was reinstituted in Georgia in 1973,
every case in which the death penalty was imposed has been ap-
pealed to the Georgia Supreme Court, and in those cases in
which the death penalty was affirmed by the Georgia Supreme
Court, ultimately to the United States Supreme Court. Over this
nine year period of repeated court challenge, the 1973 death
penalty statute and its procedural safeguards have by far and
large successfully withstood the scrutiny of the United States
Supreme Courts review and has in substantial and material part
survived all constitutional challenges. Nevertheless, the death
penalty in Georgia hangs in balance by a precarious and delicate
thread of equalibrium. House Bill 1167 could destroy this ex-
tremely sensitive balance and subject all future death sentences
to a very uncertain and hazardous court challenge.
The Supreme Court demands of each state which wishes to
authorize capital punishment to tailor and apply its death pen-
alty statute in a manner that avoids the possibility of the arbi-
trary and capricious imposition of this ultimate punishment.
The capital sentencing scheme must provide a meaningful basis
for distinguishing the few cases in which the death penalty is
imposed from the many cases in which it is not. No statute au-
5372
thorizing capital punishment can be successfully defended
before the courts which creates a substantial risk that the pun-
ishment will be inflicted in an arbitrary and capricious manner.
It is my personal opinion, concurred in and supported by
respected authorities on the issue of capital punishment, that a
sentencing scheme which on the one hand allows the State to
accept the decision of a divided jurys decision to not permit the
imposition of the death sentence and agree in lieu thereof to a
life sentence, but on the other hand, for unspecified reasons, in a
case in which at least ten of the jurors have voted in favor of the
death penalty, if an aggravating circumstance is present, to uni-
laterally opt for the opportunity to once more convince a new
panel of jurors to achieve a unanimous decision to impose the
death sentence, is without the necessary safeguards to foreclose
arbitrary and capricious sentencing patterns.
Because House Bill 1167 lacks clear and objective standards
that provide specific and detailed criteria whereby the two dif-
ferent results in such cases can be distinguished, the sentencing
scheme would not afford a rationally reviewable process for im-
posing a sentence of death. It is no longer the subject of conjec-
ture that a sentencing scheme which does not comport with the
above criteria will not meet constitutional muster before the
courts.
I do not believe that any public official supports the death
penalty with more ardor or advocates a more vociferous defense
for the concept than I. If we are to have the ordered society
which the public deserves and demands, a well formulated and
constitutionally sound death penalty law is the linchpin of the
criminal justice system which stands as the first line of defense
against the ever expanding criminal element which threatens the
very foundations of such a society. To wager the benefits to be
derived from the very isolated and extremely rare instances in
which the procedures advocated in House Bill 1167 would be ap-
plied against the very real and substantial benefits of the nine
years of court review and approval of this States death penalty
law, is a wager in which the potential loss vastly and overwhelm-
ingly outweighs the benefits. I am, therefore, left with no other
alternative than to foreclose the possibility of losing the death
penalty in this State. Accordingly, House Bill 1167 has been
5373
vetoed.
Veto No. 24H. B. 1390 by Representatives Argo of the 63rd,
Adams of the 36th, Bolster of the 30th & John-
son of the 66th
House Bill 1390 creates the Renewable Energy Research and
Development Council. The Council would duplicate the respon-
sibility and functions of an existing state agency which is on
line, functioning and fully funded. I do not, therefore, agree that
a duplication of this responsibility is necessary or wise. There-
fore, I have vetoed House Bill 1390.
5374
COUNTIES AND SUPERIOR COURT CIRCUITS
5375
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of January 15, 1982
ROBERT H. JORDAN Chief Justice
HAROLD N. HILL, JR. Presiding Justice
THOMAS 0. MARSHALL, JR...............................Associate Justice
HAROLD G. CLARKE.................................... Associate Justice
GEORGE T. SMITH Associate Justice
HARDY GREGORY, JR. Associate Justice
CHARLES L. WELTNER 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 January 15, 1982
J. KELLEY QUILLIAN ..............................Chief Judge
BRASWELL D. DEEN, JR.........................Presiding Judge
WILLIAM LEROY MCMURRAY, JR...................Presiding Judge
ARNOLD SHULMAN...............................Presiding Judge
HAROLD R. BANKE........................................Judge
A. W. BIRDSONG, JR. Judge
GEORGE H. CARLEY.......................................Judge
JOHN W. SOGNIER........................................Judge
MARION T. POPE, JR.....................................Judge
ALTON HAWK .....................................Clerk
DONALD L. SHIVER Special Deputy Clerk
GUY M. MASSEY Reporter
W. SCOTT HENWOOD.................... Assistant Reporter
5376
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
JOHN T. STRAUSS, 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 0. WILLIAMS, JOHN S. LANGFORD,
JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WIL-
LIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER,
PHILIP F. ETHERIDGE, 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
5377
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
5378
CHEROKEE CIRCUIT.
HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse
TOM 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, June and December; second Monday in
September
CLAYTON CIRCUIT.
HONS. MARVIN A. MILLER, Chief Judge, Clayton County Courthouse
JOE C. CRUMBLEY, WILLIAM H. BILL 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 COURT.
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
5379
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
5380
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
THOMAS DAY WILCOX, 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
5381
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
FranklinThird 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
5382
OCMULGEE CIRCUIT.
HONS JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse
HUGH P. THOMPSON, Judge, Baldwin County Courthouse
WILLIAM A. PRIOR, JR., Morgan 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 and 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. F. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse
LOWERY F. STONE, Judge, Early 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
5383
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
GILBERT J. MURRAY, D.A., Decatur County Courthouse
BakerThird Monday in January and July
CalhounLast 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
5384
SOUTHWESTERN CIRCUIT.
HONS. WILLIAM F. BLANKS, Presiding Judge, Macon County Courthouse
THAD W. GIBSON, Judge, Sumter 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
5385
TOOMBS CIRCUIT.
HONS. ROBERT L. STEVENS, Judge, McDuffie County Courthouse
E. PURNELL DAVIS, III, Judge, Warren 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
CLARANCE D. BLOUNT, Judge, Ware 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
PierceFrist 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
5386
INDEX
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
2657,
2645,
Amendments proposed in 1981 repealed................................... 2555,
Augusta, City of; ad valorem tax exemptions
Baxley, City of; homestead exemptions.......................................
Blekley County; election of members of board of education
Cabbagetown Historic District; ad valorem taxation
Camden County; homestead exemptions......
Chamblee, City of; homestead exemptions.....................................
Chattooga County School District and Trion Independent School District;
sales tax for educational purposes.....................................
Cobb County; justices of the peace..........................
College Park, City of; homestead exemptions ................
Colquitt County; tax for emergency medical services.............
Columbia County; justices of the peace .........................
Constitution of 1983; proposed amendments...................
Countywide library systems in certain counties (500,000 or more)............
Covington, City of; homestead exemptions..................................
Crisp CountyCordele Industrial Authority; members
Crisp County; homestead exemptions..............................
DeKalb County; homestead exemptions
DeKalb County; justices of the peace........................
Doraville, City of; homestead exemptions....................
Effingham County; homestead exemptions......................
Fulton CountyCity of Atlanta; ad valorem tax exemptions
Fulton County; building authority...........................
Fulton County; municipal recreational programs
Glynn County; ordinances........................................
Griffin-Spalding County Board of Education; election of members, etc.
Habersham County; sales tax for educational purposes
Hapeville Development Authority ....................................... 2524,
Henry County; ad valorem tax exemption......................
Henry County; homestead exemptions.................................. 2515, 2517,
Houston County; ad valorem taxes for educational purposes
Houston County; sales tax for educational purposes
Jefferson County; ad valorem taxation ..........
Lowndes County; business licenses ..................................
Lowndes County; justices of the peace.......................................
Lowndes County; street improvement bonds..................................
Macon, City of; pensions of firemen and police
Meriwether County; justices of the peace
Mitchell County School District and Pelham County School District;
sales tax for educational purposes
Moultrie-Colquitt County Development Authority; bonds
Newton County; homestead exemptions.........................
Paulding County; homestead exemption for educational purposes
Pierce County School District; homestead exemptions
Pine Lake, City of; homestead exemptions
Polk County; jurisdiction of justices of the peace
2557
2616
2653
2669
2509
2586
2542
2675
2615
2605
2663
2575
2551
2547
2568
2570
2564
2659
2573
2610
2634
2647
2613
2504
2637
2680
2566
2618
2609
2519
2601
2600
2588
2593
2592
2649
2549
2582
2643
2578
2640
2511
2584
2590
2513
INDEX
5387
Powder Springs Downtown Development Authority............................... 2505
Pulaski County; election of members of board of education................... 2664
Rabun County; sales tax for educational purposes.......... ................. 2522
Richmond County; merit system for sheriffs employees ....................... 2639
Schley County; justices of the peace........................................ 2598
Screven County; ad valorem tax exemptions.................................... 2635
Sovereign Immunity........................................................... 2546
Spalding County; sales tax to finance public facilities, etc................ 2677
Thomaston-Upson County Industrial Authority; projects........................ 2607
Tift County and City of Tifton; charter commisison........................... 2557
Towns County; sales tax for educational purposes............................. 2540
Trion, City ofSales tax for educational purposes............................ 2675
Union City; homestead exemptions............................................. 2597
Union County; sales tax for educational purposes ........................... 2507
Walton County; business licenses............................................. 2655
Ware County; county manager 2563
Whitfield County; homestead exemptions....................................... 2576
Whitfield County; merit system of personnel administration ................. 2595
CODE SECTIONS
3-1004; amended ............................................................. 1150
Title 5A: amended ........................................................... 1463
5A-507; amended ...................................................521, 1768, 1855
5A-2901; amended.............................................................. 592
5A-2903; amended............................................................ 1555
5A-5511; amended 1111
5A-5701; amended ........................................................... HH
5A-6121; amended...............................................................511
15-302.1; enacted........................................................... 1567
21- 105; amended 585, 590
Title 22; amended ............................................................ 586
22- 1201; amended.............................................................694
Chapter 22-19; amended 507
22-1902; amended.............................................................. 696
22-1907; amended.............................................................. 696
22- 5106; amended........................................................... "'*7
23- 1705; amended 686
24- 1716.2; enacted ......................................................... 652
24-1804; amended 1617
24-1901; amended............................................................. 1369
24-2704; amended.............................................................. 577
Chapter 24-27A; amended *-4
24-2811; amended ............................................................ 1779
24-2813.1; enacted 991
24-2823; amended 1659
Chapter 24A-25; amended 1871
24A-3503; amended 928
Title 26; amended !685
26-1302; amended 1242
5388
INDEX
26-1701; amended............................................................... 1661
26-1714; amended ............... 1661
26-1812; amended............................................................... 1371
26-2615; amended..................................................................974
26-2714; enacted ............................................................... 2214
26-2907; amended................................................................. 789
26- 2914; amended.............................................................. 1171
27- 401; amended 493
Chapter 27-15; amended 1476
27-2511.1; amended 1271
32-904; amended.................................................................. 589
32-913; enacted.................................................................. 515
32-942.1; amended............................................................. 1693
Chapter 32-37; amended.......................................................... 1699
Chapter 32-49; amended.......................................................... 1699
34-403; amended.................................................................. 437
34-508; amended.................................................................. 513
34-603; amended ................................................................. 850
34-610; amended.................................................................. 442
34-632; amended.................................................................. 688
34-1013; amended................................................................. 897
Chapter 35-10; amended........................................................... 922
38-418; amended ................................................................ 1077
38-1606; amended............................................................... 1187
41 A-102; amended ............................................................. 2496
41A-3520; amended................................................................ 1085
45-527; amended................................................................. 1619
47-101; amended.................................................................. 452
47-102; amended.................................................................. 444
Chapter 49-6; amended............................................................ 796
49- 606; amended.............................................................. 1221
50- 127; amended................................................................ 786
53-202.1; enacted.................................................................950
Title 56; amended................................................................1678
56-407B; enacted ................................................................ 802
56-414; amended 1624
56-1022.1; enacted ............................................................. 1217
56-1040; amended 1199
56-1715; amended 1199
56-1817; amended................................................................ 1199
56- 2703; amended............................................................... 822
57- 109; amended................................................................ 420
59-104; amended 548
59-105; amended................................................................. 1230
59-201; amended 779
59-601A; amended ................................................................ 541
59-704.1; amended................................................................ 800
Chapter 68-2; amended 1584
68-502; amended 827
68-503; amended.................................................................. 410
68A-802; amended ............................................................... 1290
INDEX
5389
68A-903; amended
68A-1507; amended
68B-307; amended .......
68B-312; amended .......
Title 68C; amended
68C-608; amended .......
Chapter 69-4; amended .
74-109; amended
74-110; amended.........
79-403; amended
Title 79A; amended
84-203; amended
Chapter 84-3; amended .
84-311A; amended
84-321; amended
Chapter 84-5; amended
84-602; amended ........
84-702; amended
84-902(d); enacted
Chapter 84-14; amended
84-1002, amended........
84-1102; amended
Chapter 84-15; amended
84-2104; amended........
84-2124; amended........
Chapter 84-40; amended .
Title 88; amended
88-110; amended ......
88-301A; amended ...
88-302A; amended
88-1202; amended
Chapter 88-17; amended
Chapter 88-18; amended
88-1901; amended
88-1903; amended
88-1913; amended........
Chapter 88-19D; enacted
88-3114; amended
88- 4010; amended
89- 426; amended
Chapter 90-2; amended
90- 210; amended ....
91- 110a; amended
Title 91A; amended
91A-1028.1; enacted
91A-1328; amended
91A-1361; amended
91A-1370; amended
91A-1373; amended
91A-1705; amended
91A-1921; amended
1694
1694
1633
1601
1751
1624
502
1369
1369
805
1156, 1264, 2403
1782
1019
1686
903
2333
1621
1056
2266
1001
......... 2500
1278
1065
2308
....... 2483
.......... 2378
........... 937
.......... 1592
.......... 1667
.......... 1667
.......... 1077
............ 723
............ 712
........... 864
.............864
1249
........... 2248
692
........... 2378
1779
892
............ 702
.............857
575, 999
2382
996
1114
996
2244
996, 1853
1376
5390
INDEX
91A-5303.1; enacted.............
93-210; amended.................
Chapter 93-3; amended......................
93A-202a; amended ..............
101-205; amended......................
105-104.1; enacted....................
105-1807; amended .............................
Title 114; amended
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Amendment...............
1-2-7; amended.............................
1- 4-1; amended...........................
2- 1-4; amended.........................................
Title 3; amended............................................
3- 3-7; amended......................
3-3-20; amended................................
3-4-90; amended................................
3-4-92; amended............................
3-6-21.1; amended...........................................
3-6-50; amended............................
3- 7-43; amended.....................
4- 5-26; amended .........................
4- 5-58; amended..........................
Title 4, Chapter 6; amended.....
5- 6-4; amended ...........................................
Title 7, Chapter 1; amended...........
7-1-4; amended........................
7-1-293; amended............................................
7-1-789; amended......................
Title 7, Chapter 4; amended...........
7- 4-17; amended....... .............
Title 8, Chapter 2; amended.................................
8- 2-24; amended.....................
Title 8, Chapter 3; amended
8-3-5; amended......................................
8-3-50; amended.................
8- 3-52; amended.......
Title 8, Chapter 9; enacted
Title 9, Chapter 11; amended
9- 11-41; amended
9-12-23; enacted...............................
9-14-42; amended............
9-14-48; amended
9- 15-2; amended
Title 10, Chapter 1; amended
10- 1-591; amended ............
Title 10, Chapter 4; amended...............
10-5-9; amended ............
Title 10, Chapter 9; amended
Title 12, Chapter 3; amended
12-3-199; amended
Title 12, Chapter 5; amended.............................
422
1063
412
1174
...... 702
1283
2211
2360, 2485
3, 2107
826
986
1232
1463
.521, 1768, 1853
890
592
. 1853
1111
1111
511
..........1862
1862
1804
1186
2219
2496
1781
1085
488
420
1376, 1637
698
1716, 1813, 2228
. 508
1087
906
1578
2374
784
1262
786
786
933
1689
1073
2286
1178
1122
2076
1864
2339
INDEX
5391
12-5-31; amended
12-5-105; amended
12- 6-63; amended............
Title 12, Chapter 8; amended
Title 13, Chapter 8; amended
13- 10-1; amended............
Title 14; amended
14- 2-250; amended
14-5-7; amended................
Title 14, Chapter 6; amended .
14-6-2; amended ...............
14- 6-7; amended ......
15- 6-1; amended.............
15-6-2; amended................
15-6-3; amended ...............
15-6-8; amended
15-6-25; amended ..............
15-6-56; amended...............
15-6-77; amended.........
15-6-89; amended...............
15-7-5; amended ...............
15-7-9; amended................
Title 15, Chapter 9; amended
15-9-1.1; enacted..............
15-9-11.1; enacted.............
15-9-30; amended...............
15-9-37; amended ..............
15-9-60(e); enacted............
Title 15, Chapter 11; amended
15-11-60; amended .............
15-12-23; amended .............
15-12-24; amended..............
15-12-60; amended .............
15-12-102; amended ............
15-12-132; amended.............
15-15-4.1; amended ............
15-16-20; amended..............
15-16-21; amended..............
15-16-23; amended..............
15-16-26; amended
15-16-27; enacted..............
15- 18-17; amended...........
Title 15, Chapter 22; enacted
Title 16; amended
16- 5-21; amended ...........
16-5-40; amended...............
16-5-45; amended...............
16-5-80; enacted
16-8-12; amended
16-11-64; amended..............
16-11-130; amended
........... 2304
2306
984
........... 2389
..... 1753, 1791
686
...........886
694
1197
807
696
696
............ 439
428, 434, 436, 501
536, 546
............ 974
........... 1486
............ 877
............. 879
............ 1180
............ 1287
............. 518
............ 1612
............. 682
............. 544
...... 1369,1502
............ 1617
............. 552
...... 1871, 2199
........... 928
............. 548
............ 1230
............. 779
............. 541
.............800
............ 1204
............ 1267
............1659
............ 1779
............. 425
..............991
........... 1486
........... 1737
1385
............ 1242
............ 970
..............970
.... 2499
.............1371
............ 2319
..............789
5392
INDEX
16-11-131; amended .
16-12-1; amended...........
16-12-20; amended
16-12-32; amended
16-12-36; amended .........
16-12-36; enacted.............
Title 16, Chapter 13; amended
16-13-21; amended.............
16-13-25; amended ............
16-13-26; amended
16-13-27; amended.............
16-13-28; amended.............
16-13-31; amended.............
16-13-32; amended.............
16-13-49; amended.............
16-13-71; amended.............
16- 13-74; amended...........
Title 17, Chapter 5; amended
Title 17, Chapter 6; amended .
17- 6-1; amended.............
17-6-30; amended..............
17-6-70; amended..............
17-6-72; amended..............
Title 17, Chapter 7; amended
17-7-20; amended..............
17-7-131; amended.............
17-10-6; amended..............
17-12-7; amended........
19-2-3; amended...............
19-3-33.1; enacted............
19-9-4; amended...............
Title 19, Chapter 11; amended
19-11-9; amended..............
19-11-19; amended..........
19- 13-4; amended
Title 20, Chapter 2; amended
20- 2-53; amended...........
20-2-55; repealed.............
20-2-183; amended.............
20-2-250; amended.............
20-2-282; amended.............
20-2-942; amended
20-2-1074; amended ........
Title 20, Chapter 3; amended
20-3-475; enacted .........
Title 20, Chapter 7; amended
20- 8-5; enacted.............
Title 21; amended
Title 21, Chapter 2; amended
21- 2-72; amended............
21-2-98; amended
.... 1171
. 968
1661
.... 2325
1661
2214
.... 2370
1264, 2403
2403
2403
.... 2403
2403
2215
2359
2273, 2325
2403
2403
.... 2336
1136, 1224
..... 910
.... 1254
.... 1658
1658
1224
..... 493
.... 1476
.... 1271
.... 1181
..... 805
950
.... 1189
.... 1207
1105
.... 1204
2300
... 836
.... 1175
..... 934
..... 776
603
1110
2188
1693
1699
.... 1860
684
515
.... 1512
1292
.....437
..... 513
INDEX
5393
21-2-131; amended............
21-2-211; amended
21-2-218; amended............
21-2-241; amended
Title 21, Chapter 3; amended
21-4-6; amended
21-4-7; amended .............
24-9-2; amended
24-9-40; amended
24- 10-27; amended..........
Title 25, Chapter 2; amended
25- 2-33.1; enacted.........
25-4-8; amended..............
Title 25, Chapter 6; amended
25- 9-2; amended............
Title 25, Chapter 11; enacted
26- 2-88; amended...........
Title 26, Chapter 4; amended
26-4-2; amended
26-4-101; amended............
26- 4-112; amended
Title 27; amended .
27- 3-15; amended...........
27-3-19; amended ............
27- 3-63; amended...........
Title 27, Chapter 4; amended
28- 5-42; amended...........
28-5-43; amended ............
28- 5-85; enacted ..........
Title 29, Chapter 5; amended
29- 5-6; amended............
Title 30, Chapter 2; amended
31-2-4; amended
31-3-2; amended
31-5-20; amended.............
31-5-21; amended.............
31-7-1; amended..............
31-7-9; amended .............
31-7-75; amended.............
Title 31, Chapter 10; amended
31-11-8; amended
31-12-2; amended
Title 31, Chapter 22; amended
31-22-3; amended.............
Title 31, Chapter 23; amended
Title 31, Chapter 30; enacted
Title 33; amended
Title 33, Chapter 3; amended
33-7-11.1; enacted
33-7-15; amended
Title 33, Chapter 9; amended
897
..........850
442
...... 688
......1670
1653
..... 1653
1187
..... 1077
.........982
479
. .792
......989
........ 955
......1577
...... 1212
.........980
..... 1156
...... 1264
...... 2403
...... 2403
1629, 1729
....... 1263
...... 1619
......... 988
...... 1771
....... 1116
....... 1116
......... 930
......... 796
........ 1221
......... 830
........ 1592
......... 506
......... 1667
......... 1667
..... 864
........ 1249
..........712
......... 723
......... 692
........ 1077
...... 1081
........ 2376
........ 1499
........ 2321
615, 650, 1678
1244
...... 802
..... 1624
......... 644
5394
INDEX
33-11-25.1; enacted............
33-11-36; amended
33-16-13; amended
33-18-25; amended
33-19-17; amended..............
33-22-16; amended..............
33- 27-2; amended.............
Title 33, Chapter 34; amended .
34- 2-14; enacted.............
34- 2-15; enacted ............
Title 34, Chapter 8; amended
Title 34, Chapter 9; amended
35- 3-30; amended.............
35-3-33; amended...............
Title 35, Chapter 8; amended
35- 9-15; enacted .........
36- 2-2; enacted..............
36-5-23; enacted ..............
36-15-7; amended...............
36-15-9; amended...............
36-15-9; enacted...............
36-15-9(c); enacted............
36-15-12; enacted..............
36-30-12; amended..............
Title 36, Chapter 39; amended
Title 36, Chapter 62; amended .
Title 36, Chapter 62A; enacted
36-80-15; enacted...........
36- 82-122; amended...........
Title 37; amended
37- 8-53; amended
Title 40, Chapter 2; amended
40-2-28; amended...............
40-2-74; amended...............
40-2-90; amended............
Title 40, Chapter 3; amended
40-3-24; amended
40-3-35; amended
40-5-57; amended
40-5-58; amended
40-5-63; amended
40-6-181; amended..............
40-6-376; amended
40-6-393; amended
40-9-103; amended
40-11-5; amended
40-20-2; amended...............
Title 42, Chapter 5; amended
42-5-2; amended
42-6-1; amended
Title 42, Chapter 8; amended
1217
1199
856
1199
1199
1054
822
1234
1093
1093
.... 1023
644, 2360, 2485
............952
............952
2478
1089
825
..... 533, 588
1103
...... 1103
...... 520
591
586
1177
........... 502
1706
...... 1726
.......... 853
1603
'..........937
...........782
1584
964
1118
........... 720
403
1784
1676
1633
........... 867
1601
1290
1694
1694
1624
1650
830
1364
1361
1373
1257, 1807
INDEX
5395
42-8-35.1; amended . ..........1097
42-8-35.1; enacted............................................................. 2283
42-8-43.1; enacted 1605
42- 9-60; enacted 1356
Title 43; amended 430
43- 3-38; amended.......................................................... 1782
Title 43, Chapter 4; amended 1019
43-4-14; amended 903
Title 43, Chapter 7; amended.................................................. 1597
Title 43, Chapter 9; amended 2333
Title 43, Chapter 11; amended 1056
Title 43, Chapter 15; amended . 2271
43-15-23; amended.............................................................. 2269
43-15-24; amended 2483
43-15-31; amended............................................................ 2308
Title 43, Chapter 17; amended 922
Title 43, Chapter 23; amended ............................................... 2378
Title 43, Chapter 24; amended 1493
43-26-4; amended 2500
43-26-13; amended.............................................................. 2500
43-26-39; amended.............................................................. 2222
Title 43, Chapter 28; amended 2224
Title 43, Chapter 30; amended . 1278
Title 43, Chapter 33; amended.................................................. 1416
Title 43, Chapter 34; amended ............................................... 2266
43-34-103; amended 1148
Title 43, Chapter 35; amended................................................ 1621
43-36-16; amended.............................................................. 1582
Title 43, Chapter 37; amended 1504
43-39-1; amended 1589
Title 43, Chapter 40; amended.................................................. 1001
Title 43, Chapter 42; amended ................................................. 1644
43-42-5.1; enacted.............................................................. "98
43- 47-16; amended 834
Title 43, Chapter 50; amended ................................................. 1065
Title 44, Chapter 3; amended................................................... 1431
44- 7-50; amended 1228
44-7-51; amended............................................................... 1228
44-7-53; amended...... 1134
44-7-54; amended 1134
44-7-72; amended............................................................... 1134
44-10-2; amended............................................................... 1227
44-12-214; amended............................................................. 1787
Title 44, Chapter 14; amended 915
44-14-361; amended............................................................. 1144
44-14-411; amended.............................................................. 920
44- 14-530; amended........................................................... 1144
45- 4-2; amended............................................................. 1779
45-7-4; amended................................................................ 1255
45-12-93; amended.............................................................. 1288
45-16-36; amended............................................................... 718
5396
INDEX
45-16-45; amended..............
45-17-5; amended
45-17-6; amended...............
45-19-46; enacted
Title 45, Chapter 20; amended
45-20-2; amended...............
45- 20-8; amended............
46- 1-1; amended
46-2-10; amended
46-2-41; amended
Title 46, Chapter 3; amended .
46-3-11; amended
46- 8-232; amended...........
Title 47, Chapter 2; amended
47- 3-1; amended
47-3-23; amended...............
47-3-42; amended...............
47-3-63; amended...............
47-3-66; amended...............
47-3-87.1; amended ............
47-3-89; amended ..............
47-4-40; amended...............
47-8-1; amended................
Title 47, Chapter 9; amended
47-9-74; amended...............
47-10-40; amended..............
Title 47, Chapter 11; amended
47-14-40; amended..............
47-14-77; amended
47-16-24; amended
47-16-26; amended
47-16-103; amended
47-17-81; amended..............
47- 17-82; amended
48- 3-9; amended.............
48-3-10; amended
Title 48, Chapter 5; amended
48-5-18; amended...............
48-5-24; amended...............
48-5-30; enacted...............
48-5-45; amended...............
48-5-45; repealed..........
48-5-48.1; enacted
48-5-100.1; enacted
48-5-137; amended..........
48-5-161; amended
48-5-180; amended
48-5-183; amended
48-5-404; amended .............
48-5-405; amended
48-7-29.1; enacted.............
959
1106
1106
1253
2274
1251
1245
410, 827
1063
1174
412
1686
1183
1163
. 684, 965
978
975
965
1610
1192
1095
965
497
1568
497
961
2207
1273
1273
1060
925
1607
2367
2362
1184
1184
575
537, 999, 1108
936
. 595, 2382
1108
531
........1101
543
999
....... 1114
996
2244
1853
996
2497
INDEX
5397
48- 10-3.1; enacted......................................................... 422
49- 2-7; amended............................................................ 833
49-3-8; amended.............................................................. 881
Title 49, Chapter 4; amended............................................... 2248
49-4-3; amended 883
49-4-17.1; enacted........................................................... 1281
49-4-149.1; enacted........................................................... 824
Title 49, Chapter 5; amended................................................ 706
49-5-19; amended............................................................. 1120
49-8-7; enacted..............................................................1285
49- 9-1; amended............................................................. 833
50- 2-23.1; enacted ........................................................ 1867
50-3-4.1; enacted..................... 913
50-5-3; amended............................................................... 843
Title 50, Chapter 8; amended ... 2310
50-11-10; amended............................................................. 702
Title 50, Chapter 12; amended................................................ 1153
50-13-15; amended..............................................................871
Title 50, Chapter 14; amended................................................ 1810
50-16-43; amended............................................................. 857
Title 50, Chapter 18; amended............................................ 892, 1789
50-18-31; amended............................................................. 702
Title 50, Chapter 21; enacted................................................ 2261
50- 21-1; enacted............................................................ 495
Title 51, Chapter 1; amended............................................... 2495
51- 1-30; amended........................................................... 1150
51-1-36; enacted............................................................. 1283
51-2-3; amended............................................................... 849
51- 11-8; amended........................................................... 2211
52- 7-13; amended............................................................ 873
COURTS
SUPREME COURT
Costs, affidavits of indigence H86
Publication of reports 892
COURT OF APPEALS
Costs, affidavits of indigence 4186
Publication of reports 892
SUPERIOR COURTS
Alcovy Circuit; court reporters compensation 838
Atlantic Circuit; additional judge 428
Chattahoochee Circuit; terms in Taylor County 536
Clerks compensation......................................................... 1180
Clerks compensation in certain counties (32,300-32,800) 4536
Clerks Retirement System Act amended 1273
Clerks, vacancies............................................................. 877
Cobb Circuit; additional judge 434
Cordele Circuit; additional judge 501
5398
INDEX
Distribution of Appellate Court Reports, Ga. Laws, etc................ 702
District Attorneys; compensation in certain counties (18,200-18,900)........... 581
District Attorneys; compensation in certain counties (19,200-19,400)...... 581
Dublin Circuit; grand juries 547
Fees for filing financing statements................. 879
Griffin Circuit; judges compensation.......................................... 596
Gwinnett Circuit; additional judge............................................. 436
Judges Retirement System Act amended 497, 1568
Jury clerks in certain counties (175,000-185,000) ...... 548
Lookout Mountain Circuit; court reporters salary 526
Piedmont Circuit; compensation of judge.............. 523
Piedmont Circuit; judges supplement from Banks County . . 582
Punishment for contempt........................................................ 974
Rockdale Circuit; created...................................................... 439
Rome Circuit; additional judge 501
Rome Circuit; grand jury....................................................... 534
Secretaries of judges and district attorneys................................... I486
Sentence review panels, etc.................................................... 1271
Southwestern Circuit; terms in Sumter County 546
Stone Mountain Circuit; Rockdale Circuit created 439
Storage of records by clerks in certain counties (550,000 or more) 3857
Whitfield; judge to sit as juvenile court judge 509
CIVIL COURTS
Richmond County; costs, etc...................................... 3738
JUVENILE COURTS
Judges compensation in certain counties (190,000-210,000) 4382
Juvenile Court Code amended................................ 1871, 2199
PROBATE COURTS
Appointment of guardians ad litem.............................................. 796
Disposition of fines, etc. in certain counties (13,700-13,900) (15,200-15,400) 4581
Executive Probate Judges Council of Georgia 1612
Fees in certain counties (25,400-25,900) 552
Judges compensation in certain counties (190,000-210,000) 4382
Judges retirement............................................................. 2207
Judges salaries in certain counties (550,000 or more) 3626
Judges training................................................................682
Jurisdiction .................................................................. 1502
Jurisdiction, controversies relating to legitimate children 1369
Records....................................................................... **17
Vacancies in certain counties (160,000-169,000) 544, 4303
STATE COURTS
Clarke County; Act amended..................................................... 4071
Clayton County; compensation of judge and solicitor 4481
Clerkscompensation............................................................ H80
Cobb County; accusations....................................................... 3725
Cobb County; additional judge..................................................3610
INDEX
5399
Cobb County; assistant solicitors 3763
Cobb County; compensation of chief deputy clerk 4107
Cobb County; court costs 4166
Cobb County; magistrates ..................................................... 3621
Coweta County; compensation of judge and solicitors .................... 3508
DeKalb County; agency to provide legal services to the poor................... 4162
DeKalb County; transfer of cases from superior court 4322
Dougherty County; judges compensation ....................................... 3562
Effingham County; salaries of judge and solicitor............................. 2938
Glynn County; compensation of personnel, etc.................................. 4633
Hall County; compensation of judge and solicitor 3852
Judges compensation in certain counties (190,000-210,000) 4382
Macon County; compensation of judge and solicitor............................. 4063
Polk County; abolished........................................................ 4537
Retired judges may perform marriage ceremonies 1287
Terms in certain counties (350,000-500,000) 518
Troup County; judge and solicitors compensation 4350
Washington County; compensation of judge and solicitor ....................... 4103
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Appling; board of commissioners, referendum .................................. 4642
Baldwin; land conveyance to board of education 1315
Baldwin; small claims court Act amended....................................... 3803
Banks; compensation of tax commission......................................... 3897
Banks; superior court judges supplement...................................... 582
Bartow; board of education, referendum........................................ 4589
Bartow; compensation of board of education, referendum 4584
Bartow; superintendent of schools, referendum 4586
Ben Hill; city-county development authority Act amended 4859
Bibb; board of education and orphanage, purchase and sale of property 5049
Bibb; board of education districts, referendum 4625
Bibb; board of public education and orphanage, referendum 4406
Bibb; city-county water and sewerage authority, employees
pension plan amended..................................................... 4157
Bibb; commissioner districts, etc............................................. 3728
Bibb; transit authority Act of 1980 amended 4339
Bibb; water and sewerage authority Act amended 4255, 4409
Bleckley; election of members of board of education, proposed amendment
to the Constitution ......................................................2669
Brooks; fire protection districts............................................. 4038
Bryan; members of board of commissioners, referendum 4270
Bryan; office of treasurer abolished, referendum 4285
Bulloch; compensation of clerk of probate court 4497
Bulloch; compensation of clerks of board of commissioners 4493
Bulloch; compensation of employees of clerk of superior court 3947
Bulloch; compensation of sheriffs deputies, etc............................. 3950
Bulloch; compensation of tax commisioners employees 3943
Bulloch; small claims court Act amended 4832
Burke; compensation of coroner 4439
5400
INDEX
Burke; small claims court Act amended...................... 4428
Butts; land conveyance........................................................ 2197
Butts; quitclaim ............................................................. 1349
Butts; terms of board of commissioners........................ 4790
Calhoun; small claims court................................................... 3503
Camden; homestead exemptions, proposed amendment to the Constitution 2586
Catoosa; compensation of tax commissioners clerical assistants ............4618
Catoosa; fiscal administration of sheriffs office................. 5114
Catoosa; hospital authority Act amended, members ............................. 4531
Charlton; compensation of tax commissioner.................................... 3929
Charlton; land conveyance..................................................... 1339
Chatham; city-county school system, districts ...... 4139
Chatham; compensation of clerk of probate court 4138
Chattahoochee; compensation of board of commissioners 4510
Chattooga; disposal of county property..................... 4085
Chattooga; sales tax for educational purposes, proposed amendment
to the Constitution............................ 2675
Cherokee; board of education, referendum...................................... 3602
Cherokee; compensation of county commissioner................................. 4484
Cherokee; compensation of named officers............... . . 4578
Clarke; appeals from magistrates court....................................... 4068
Clarke; members of hospital authority, etc.................................... 3705
Clarke; state court Act amended 4071
Clayton; civil service system Act amended..................................... 3723
Clayton; compenastion of chairman of board of commissioners................. 4473
Clayton; compensation of judge and solicitor of state court 4481
Clayton; compensation of judge of probate court............................. 4476
Clayton; compensation of sheriff and clerk of superior court, etc. . 4478
Clayton; members of board of education, referendum . 4431
Clayton; tax commisioners compensation, etc.................................. 4471
Clayton; water authority Act amended.......................................... 3721
Cobb; additional judge of state court......................................... 3610
Cobb; assistant solicitors of State Court........... 3763
Cobb; board of commissioners, meetings, etc................................... 4111
Cobb; civil service board members, etc........................................ 4074
Cobb; commissioner districts....... . . . ........... 4550
Cobb; compensation of chief deputy clerk of state court....................... 4107
Cobb; justices of the peace, proposed amendment to the Constitution........... 2615
Cobb; meetings of board of education................... 4066
Cobb; South Cobb Development Authority Act.................................... 3772
Cobb; state court, accusations................................................ 3725
Cobb; state court court costs..................................................4166
Cobb; state court magistrates.............................. .................. 3621
Colquitt; Moultrie-Colquitt County Development Authority bonds,
proposed amendment to the Constitution................................... 2578
Colquitt; tax for emergency medical services, proposed amendment
to the Constitution...................................................... 2663
Columbia; justices of the peace, proposed amendment to the Constitution 2575
Cook; election etc. of school superintendent, referendum 3749
Coweta; compensation of judge and solicitors of State court 3508
INDEX
5401
Crisp; Crisp County-Cordele Industrial Authority, members, proposed
amendment to the Constitution.............................................. 2570
Crisp; homestead exemptions, proposed amendment to the Constitution............. 2564
Crisp; small claims court Act amended................. ......................... 4193
Dade; compensation of deputies of clerk of superior court 4417
Dade; compensation of probate court deputies, etc.......................... 4414
Dade; compensation of tax commissioners personnel 4419
Dade; hospital authority Act amended, members................................... 4531
Dawson; deputy clerk of superior court, clerk of probate court, salaries 3616
Decatur; small claims court Act amended.......... 4334
DeKalb; agency to provide legal services for the poor in State Court............ 4162
DeKalb; commissioner districts.................................................. 4235
DeKalb; community college, referendum .......................................... 4239
DeKalb; election districts, etc. ............................................... 4325
DeKalb; election of probate court judge.........................................4131
DeKalb; homestead exemptions, proposed amendment to
the Constitution...................................................... 2657, 2659
DeKalb; justices of the peace, proposed amendment to the Constitution .......... 2573
DeKalb; recorders court deputy clerks.......................................... 4599
DeKalb; school board districts, etc............................................. 3797
DeKalb; special services tax districts.......................................... 4396
DeKalb; transfer of cases from superior court to state court ................... 4322
Dodge; compensation of named officers and officials............................. 4031
Dooly; small claims court Act amended........................................... 3885
Dougherty; commission districts................................................. 3519
Dougherty; state court judges compensation..................................... 3562
Douglas; board of education districts, referendum............................... 4786
Douglas; magistrates court .................................................... 4659
Early; compensation of board of commissioners................................... 3846
Effingham; homestead exemptions, proposed amendment to the Constitution 2634
Effingham; salaries of judge and solicitor of state court....................... 3938
Elbert; small claims court Act amended.......................................... 4009
Emanuel; board of education, referendum......................................... 4049
Emanuel; clerk of superior court placed on salary basis 4794
Emanuel; development authority Act amended 4861
Fayette; small claims court Act amended......................................... 3923
Floyd; election of judge of juvenile court 4190
Forsyth; purchases by county authorities........................................ 4792
Franklin; board of education and superintendent, referendum 3753
Fulton; ad valorem tax exemptions, proposed amendment
to the Constitution................................................... 2645, 2647
Fulton; board of commissioners ................................................. 4148
Fulton; building authority, proposed amendment to the Constitution 2613
Fulton; chief clerk of probate court............................................ 4392
Fulton; county-wide Library system ............................................. 4174
Fulton; municipal recreational programs, proposed amendment to
the Constitution........................................................... 2504
Fulton; pension system Act amended 4829
Fulton; personnel board, etc.................................................... 4896
Glynn; board of commissioners................................................... 4570
Glynn; city-county charter commission, time in which to complete work 4087
5402
INDEX
Glynn; compensation of clerk of superior court and personnel 5046
Glynn; compensation of sheriff, etc.......................................... 3881
Glynn; compensation of tax commissioner, etc................................... 3870
Glynn; Glynn-Brunswick Hospital Authority, members 5051
Glynn; juvenile court judges salary 4548
Glynn; magistrates court...................................................... 5096
Glynn; ordinances, proposed amendment to the Constitution 2637
Glynn; state court personnel, etc.............................................. 4633
Gwinnett; airport authority Act amended 4544
Gwinnett; board of education, referendum................................... 3510
Gwinnett; building authority Act amended 4546
Gwinnett; public facilities authority Act amended 4672
Gwinnett; recreation authority Act amended............................. 4674
Gwinnett; water and sewerage authority Act amended............................. 4670
Habersham; land conveyance to board of education............................... 1309
Habersham; sales tax for educational purposes, proposed amendment
to the Constitution 2566
Habersham; tax commissioners................................................... 3702
Hall; city-county development authority Act amended 4300
Hall; compensation of judge and solicitor of State Court....................... 3852
Hancock; compensation of judge of probate court and clerk of
superior court, etc....................................................... 3866
Hancock; compensation of tax commissioner, etc. 3864
Hancock; small claims court Act amended................... 3787
Haralson; compensation of county commissioner.................................. 3700
Haralson; members of board of education, referendum 4523
Haralson; sheriffs compensation 4604
Hart; tax commissioner placed on salary basis 3736
Heard; small claims court.................................................... 4199
Henry; ad valorem tax exemption, proposed amendment to the Constitution........ 2609
Henry; board of commissioners Act amended...................................... 4094
Henry; development authority Act amended 4078
Henry; election districts, etc................................................. 3638
Henry; homestead exemptions, proposed amendment
to the Constitution............................................ 2515, 2517, 2519
Henry; small claims court Act amended.......................................... 3733
Henry; water and sewerage authority Act amended................................ 4081
Houston; ad valorem taxes for educational purposes, proposed
amendment to the Constitution 2601
Houston; sales tax for educational purposes, proposed amendment
to the Constitution....................................................... 2600
Irwin; compensation of clerk and secretary of board of commissioners 4057
Irwin; compensation of deputy sheriffs 4055
Jackson; merger of school districts, referendum 4012
Jefferson; ad valorem taxation, proposed amendment to the Constitution 2588
Jenkins; small claims court Act amended 4450
Lamar; compensatin of tax commissioner 4491
Lamar; coroner placed on salary basis 4489
Laurens; compensation of tax commissioner 4109
Laurens; sheriffs compensation 4469
Laurens; small claims court Act amended 4197
INDEX
5403
Lincoln; chairmen of board of commissioners................................... 4092
Lincoln; compensation of tax commissioner 4517
Lowndes; board of commissioners, referendum 3582
Lowndes; business licenses, proposed amendment to the Constitution 2593
Lowndes; jurisdiction of small claims court 3619
Lowndes; justices of the peace, proposed amendment to the Constitution 2592
Lowndes; street improvement bonds, proposed amendment
to the Constitution...................................................... 2649
Lumpkin; board of education, referendum....................................... 4277
Lumpkin; compensation of county commissioner 3859
Lumpkin; compensation of judge of probate court and clerk of superior court 4006
Lumpkin; compensation of tax commissioner..................................... 4001
Lumpkin; sheriffs compensation ............................................... 4003
Lumpkin; superintendent of schools, referendum 4274
Macon; compensation of judge and solicitor of state court 4063
Marion; compensation of board of commissioners 4640
Meriwether; justices of the peace, proposed amendment to the Constitution 2582
Miller; compensation of board of commissioners ............................... 4247
Mitchell, sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2643
Montgomery; board of commissioners, districts, etc. 4115
Morgan; board of commissioners election districts............................. 4184
Morgan; coroners salary...................................................... 3766
Morgan; small claims court Act amended ....................................... 3768
Newton; homestead exemptions, proposed amendment to the Constitution 2640
Newton; jurisdiction of probate court......................................... 4441
Newton; land conveyance....................................................... 1341
Oconee; public utility authority Act amended 4568
Paulding; compensation of tax commissioner ................................... 4232
Paulding; homestead exemption for educational purposes, proposed
amendment to the Constitution ........................................... 2511
Pickens; compensation of clerk of superior court.............................. 4503
Pickens; compensation of county commissioners 4501
Pickens; compensation of judge of probate court 4506
Pickens, compensation of sheriff.............................................. 4508
Pickens; compensation of tax commissioner..................................... 4505
Pierce; school board and superintendent, referendum 4649
Pierce; school district homestead exemptions, proposed amendment
to the Constitution...................................................... 2584
Pike; compensation of clerk of superior court 4230
Pike; compensation of probate court judge 4223
Pike; compensation of tax commissioner ....................................... 4225
Pike; sheriffs compensation................................................... 4221
Pike; small claims court Act amended 4218
Polk; compensation of board of commissioners 4216
Polk; deputy sheriffs......................................................... 4668
Polk; jurisdiction of justices of the peace, proposed amendment
to the Constitution...................................................... 2513
Polk; state court abolished .................................................. 4537
Pulaski; county-city development authority members 4209
5404
INDEX
Pulaski; election of members of board of education, proposed
amendment to the Constitution 2664
Pulaski; school superintendent, referendum 4638
Putnam; coroners salary........................................................ 3844
Putnam; small claims court created...................................... 3899, 4258
Rabun; compensation of tax commissioner. . 4293
Rabun; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2522
Richmond; civil court costs, etc........................................ 3738
Richmond; compensation of named officials............... . . . . 3941
Richmond; merit system advisory commission...................................... 5070
Richmond; merit system for sheriffs employees, proposed
amendment to the Constitution.............................................. 2639
Rockdale; board of commissioners, compensation.................................. 4845
Rockdale; clerk of superior court, compensation......... 4847
Rockdale; coroners compensation ............................................... 4843
Rockdale; magistrates court.................................................... 4040
Rockdale; probate court judges compensation............ ............... 4839
Rockdale; public defenders compensation........................ 4867
Rockdale; sheriffs compensation................................. 4841
Rockdale; tax commissioners compensation....................................... 4837
Schley; justices of the peace, proposed amendment to the Constitution .......... 2598
Screven; ad valorem tax exemptions, proposed
amendment to the Constitution.............................................. 2635
Seminole; compensation of clerk of superior court............... . . . . 3848
Seminole; sheriffs compensation................................. . . . 4665
Spalding; election of members of Griffin-Spalding County Board of Education,
proposed amendment to the Constitution..................................... 2680
Spalding; sales tax to finance public facilites, etc., proposed
amendment to the Constitution.............................................. 2677
Spalding; small claims court Act amended.............. ................. 4864
Spalding; water and sewerage facilities authority Act 4987
Stewart; compensation of county commissioners . . . .......... 3890
Stewart; compensation of deputy sheriff......................................... 4512
Sumter; sheriffs salary......................................................... 3612
Sumter; small claims court Act amended.......................................... 3919
Sumter; superior court terms......... ................ 546
Sumter; tax commissioners salary............................................... 3614
Taylor; probate court personnel................................................. 4621
Taylor; superior court clerks personnel.......... ............. 4623
Taylor; superior court terms . . .............. 536
Telfair; board of education, terms, vacancies, etc.............................. 3854
Terrell; small claims court Act amended......................................... 3913
Terrell; tax commissioners compensation 4443
Tift; charter commission proposed amendment to the Constitution 2557
Towns; sales tax for educational purposes, proposed amendment
to the Constitution........................................................ 2540
Troup; compensation of judge and solicitor of state court 4350
Troup; coroners compensation................................................... 4348
Troup; Mountville Water Authority Act........................................... 4452
Troup; salaries of named officials . . . . 4342
INDEX
5405
Troup; small claims court Act amended .................... 4345
Twiggs; board of education members, referendum............................... 3627
Twiggs; compensation of board of commissioners............................... 3689
Twiggs; compensation of clerk of superior court, etc.......................... 3680
Twiggs; compensation of judge of probate court, etc........................... 3696
Twiggs; compensation of tax commissioners, etc............................... 3692
Twiggs; election of board of commissioners, etc.............................. 3632
Twiggs; sheriffs compensation, etc. .......................... 3684
Union; clerk of superior court placed on salary basis ........................ 3568
Union; judge of probate court placed on salary basis.......................... 3573
Union; sales tax for educational purposes, proposed amendment
to the Constitution............. ....................................... 2507
Union; sheriff placed on salary basis........................................ 3575
Union; tax commissioners placed on salary basis ............................. 3564
Upson; city county board of tax assessors Act amended........................ 4228
Upson; compensation of board of commissioners................................4616
Upson; Thomaston-Upson County Industrial Authority, proposed
amendment to the Constitution .......................................... 2607
Walker; employees of clerk of superior court ................................ 4421
Walker; hospital authority Act amended, members.............................. 4531
Walker; small claims court created .......................................... 4926
Walton; business licenses, proposed amendment to the Constitution............ 2655
Walton; small claims court Act amended....................................... 4575
Ware; county manager, proposed amendment to the Constitution................. 2563
Warren; compensation of board of commissioners............................... 4515
Warren; compensation of deputy clerk of superior court....................... 4061
Warren; compensation of tax commissioners employees ........................ 4214
Washington; compensation of commissioners, purchases, etc.................... 4134
Washington; compensation of judge and solicitor of state court 4103
Wayne; board of commissioners, referendum.................................... 4717
Wayne; election of board of commissioners, referendum ....................... 3789
Webster; commissioners expenses.............................................. 3892
Webster; compensation of tax commissioner, etc............................... 3894
Wheeler; board of education, referendum....................................... 4126
Wheeler; employees of clerk of superior court 4120
Wheeler; sheriffs employees ................................................. 4122
Wheeler; tax commissioners compensation 4124
Wheeler; tax commissioners employees 4118
Whitfield; compensation of clerk of superior court and judge of probate court 4288
Whitfield; coroners compensation............................................. 4291
Whitfield; homestead exemptions, proposed amendment to the Constitution 2576
Whitfield; judge of superior court to sit as judge of juvenile court 509
Whitfield; merit system of personnel administration, proposed
amendment to the Constitution 2595
Wilcox; sheriffs salary ...................................................... 3390
Worth; board of commissioners, referendum 3715
COUNTIES AND COUNTY MATTERS BY POPULATION
Board of elections in various counties Act amended 5040
2,000 or less; compensation of county clerks 4583
2,100-2,300; compensation of county clerks 4583
5406
INDEX
7.500- 7,900; small claims courts................................................. 4309
8,335-8,725; boards of commissioners........ 4852
9,365-9,385; county commissioners, referendum 4606
10.200- 10,350; boards of commissioners........ 4852
10,600-10,900; compensation of coroners . . . 585
11,675-11,725; boards of elections.............. . . . . 4465
12.300- 12,400; compensation of county commissioners 588
13,700-13,900; probate court fines, etc............................ 4581
14.000- 15,000; sheriffs compensation............ . 4615
14,486-14,540; alcoholic beverages................................................. 592
15.200- 15,400; closing of tax books............................................. 999
15,200-15,400; coroners compensation.............................................. 590
15.200- 15,400; probate court fines, etc......................................... 4581
18.000- 18,100; sheriffs compensation.......................................... 4615
18.200- 18,300; election boards.................................................. 4208
18.200- 18,900; compensation of district attorneys................................ 581
18.500- 19,000; boards of education............................................... 589
19.200- 19,400; compensation of district attorneys................................ 581
19.200- 19,400; election boards.................................................. 4208
19.500- 19,700; small claims courts ............................................. 4427
20,900-21,200; boards of education................................................. 589
20,900-21,200; small claims courts ............................................... 4427
21,800-22,000; compensation of county commissioners .............................. 4522
22,312-22,825; election boards.................................................... 4331
22,320-22,500; coroners compensation............................................. 4060
25,100-25,400; tax returns......................................................... 537
26.200- 27,000; law libraries............................... . 520
26,290-27,280; compensation of county commissioners 4196
29.200- 30,000; compensation of county commissioners 4196
32.300- 32,800; compensation of clerks of superior court 4536
32.500- 32,800; alcoholic beverages ............................................. 511
34.000- 34,500; boards of education............................................ 934
34.000- 34,500; homestead exemptions............................................. 531
37.200- 38,400; alcoholic beverages.............................................. 582
40.000- 40,700; election boards................................................. 4331
51.000- 55,110; boards of elections............................................. 4530
55.110- 56,000; boards of elections............................................. 4353
55.110- 58,000; coroners compensation.......................................... 4831
56,400-60,000; compensation of county commissioners 533
60.000- 65,000; boards of education............................................. 4195
60.000- 67,000; boards of elections............................................. 4530
63.000- 72,000; revenue.......................................................... 575
66.000- 73,000; boards of elections............................................. 4305
66.000- 74,000; boards of elections............................................. 4353
66.000- 74,000; coroners compensation.......................................... 4831
69.000- 75,000; alcoholic beverage Code amended 1855
70.000 or more; special purpose grand juries........... 541
76.000- 79,000; boards of education............... . . . 4195
90.000- 140,000; duties of tax collectors, etc................................... 996
100.000 or more; fire safety standards................. 479
100.000- 150,000; ad valorem taxes 595
INDEX
5407
110.000- 130,000; housing authorities ........................................ 1087
145.000- 165,000; boards of elections......................................... 4321
150,300-155,000; duties of tax collectors, etc.................................996
158.000- 168,000; boards of elections......................................... 4305
160.000- 169,000; vacancies in office of probate court judge.................. 4303
160.000- 169,000; vacancies in office of tax commissioner ......................543
170.000- 195,000; alcoholic beverages.......................................... 521
170.000- 275,000; alcoholic beverages.......................................... 521
175.000- 185,000; boards of elections......................................... 4321
175.000- 185,000; jury clerks...................................................548
175.000- 195,000; boards of education......................................... 3940
180.000- 190,000; judges of recorders courts................................. 4500
190.000- 210,000; compensation of named officers.............................. 4382
200.000 or more; compensation of poll officers 513
200.000- 250,000; boards of education 3940
200.000- 275,000; law libraries................................................ 591
200.000- 550,000; sale of alcoholic beverages 1168
210.000- 450,000; education security personnel 515
250.000- 400,000; members of boards of health 506
250.000- 400,000; tax due dates ............................................... 936
295.000- 300,000; sale of alcoholic beverages 1768
300.000 or more; law libraries 586
350.000- 500,000; fees for collecting school taxes 1853
350,000-500,000; sale of alcoholic beverages 1768
350,000-500,000; state court terms 518
400.000 or more; authority to close streets.................................. 1177
400.000 or more; deposits of cash bonds by sheriffs 991
500.000 or more; countywide library systems, proposed amendment
to the Constitution....................................................... 3547
More than 500,000; compensation of boards of commissioners 5100
550.000 or more; Act creating building authorities amended................... 5031
550,000 or more; housing authorities members 504
550,000 or more; part of state-wide probation system 5099
550,000 or more; salaries of probate court judges 3626
550,000 or more; storage of records by clerks of superior courts 3851
COUNTY MATTERSHOME RULE AMENDMENTS
Charlton; commission meetings 5120
DeKalb; board of commissioners ................................................ 5127
DeKalb; merit system........................................................... 5123
Floyd; board of commissioners 01,30
Gwinnett, bids................................................................. 0139
Jeff Davis; sale, etc. of malt beverages, etc.................................. 5142
Laurens; board of commissioners 5166
MUNICIPAL CORPORATIONS
NAMED CITIES
Alpharetta; corporate limits 4540
Athens; appeals from magistrates court........................................ 4068
5408
INDEX
Atlanta; ad valorem tax exemptions, proposed amendment
to the Constitution.................................................. 2645, 2647
Atlanta; board of education .................................................... 3931
Atlanta; corporate limits....................................................... 4181
Atlanta; duties of president of council....................................... 3595
Atlanta; group insurance board authority Act repealed 4283
Atlanta; members of board of education ......................................... 3607
Atlanta; municipal court court costs............................................ 4154
Augusta; ad valorem tax exemptions, proposed amendment
to the Constitution........................................................ 2616
Augusta; ordinances............................................................. 4834
Augusta; redevelopment authority Act amended ................................... 4596
Avondale; corporate limits...................................................... 4402
Baxley; homestead exemptions; proposed amendment to the Constitution 2653
Baxley; new charter ............................................................ 4725
Bloomingdale; corporate limits.................................................. 4298
Bogart; new charter............................................................. 4869
Bremen; corporate limits ....................................................... 4849
Brunswick; city-county charter commission....................................... 4087
Brunswick; Glynn-Brunswick Hospital Authority, members.......................... 5051
Cairo; recorders court......................................................... 4024
Chamblee; homestead exemptions, proposed amendment to the Constitution 2542
Chester; corporate limits....................................................... 3916
Claxton; charter amended ....................................................... 4242
Climax; charter amended......................................................... 4853
College Park; homestead exemptions, proposed amendment
to the Constitution........................................................ 2605
Columbus; bonds of municipal court clerk and marshal 4044
Commerce; merger of school districts, referendum 4012
Cordele; Crisp County-Cordele Industrial Authority, proposed
amendment to the Constitution ............................................. 2570
Covington; city cable television system......................................... 3920
Covington; homestead exemptions, proposed amendment to the Constitution 2568
Dacula; mayor and council members............................................... 4249
Dahlonega; new charter.......................................................... 4354
Dalton; charter amended......................................................... 5002
Decatur; corporate limits ...................................................... 3910
Donalsonville; recorders court ................................................ 3861
Doraville; homestead exemptions, proposed amendment to the Constitution 2610
East Point; business and development authority Act amended . 4435
East Point; elections, etc...................................................... 3598
Emerson; aldermen............................................................... 4592
Emerson; terms of mayor and aldermen........... ... 4594
Eton; city court established.................................................... 3578
Fitzgerald; city-county development authority Act amended 4859
Fort Valley; municipal court Act amended ....................................... 4047
Garden City; charter amended.................................................... 4089
Gainesville; city-county development authority Act amended 4300
Griffin; election of members of Griffin-Spalding County Board of education,
proposed amendment to the Constitution . 2680
Grovetown; judge of city court.................................................. 3592
INDEX
5409
Guyton; corporate limits...................................................... 4211
Guyton; new charter .......................................................... 3806
Hapeville; development authority, proposed amendment
to the Constitution................................................. 2524, 2618
Hawkinsville; county-city development authority members....................... 4209
Helena; new charter........................................................... 5072
Hephzibah; new charter........................................................ 4801
Iron City; election of councilmen............................................. 4336
Jefferson; merger of school districts, referendum............................. 4012
Kennesaw; corporate limits ................................................... 4915
I .aG range; board of education............................................... 4985
l.aG range; corporate limits.................................................. 3745
LaGrange; downtown development authority Act amended.......................... 4251
Lawrenceville; corporate limits............................................... 4306
Macon; city-county sewerage authority, employees pension plan amended ....... 4157
Macon; corporate limits ...................................................... 4781
Macon; pensions of firemen and police, proposed amendment
to the Constitutions..................................................... 2549
Macon; transit authority Act of 1980 amended 4339
Macon; water and sewerage authority Act amended 4409
Manchester; corporate limits.................................................. 4798
Marietta; board of education.................................................. 4558
Marietta; charter amended..................................................... 4561
Marietta; downtown development authority Act amended.......................... 4909
Maxeys; terms of mayor and councilmen 4042
Milner; elections, etc........................................................ 4486
Molena; new charter .......................................................... 4935
Moultrie; Moultrie-Colquitt County Development Authority bonds
proposed amendment to the Constitution .................................. 2578
Mountain Park; new charter.................................................... 3648
Pelham; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2643
Perry; redevelopment authority Act repealed 4448
Pine Lake; homestead exemptions, proposed amendment to the Constitution 2590
Pooler; charter amended....................................................... 3872
Port Wentworth; corporate limits.............................................. 4445
Poulan; corporate limits ..................................................... 4601
Powder Springs; downtown development authority, proposed
amendment to the Constitution 2505
Register; incorporated........................................................ 6530
Rincon; vacancies in office of mayor or councilperson 3935
Rome; corporate limits........................................................ 4022
Roswell; corporate limits..................................................... 6678
Savannah; city-county school system, districts 4139
Tennille; corporate limits....................................................
Thomaston; city-county board of tax assessors Act amended 4228
Thomaston; Thomaston-Upson County Industrial Authority, proposed
amendment to the Constitution ........................................... 2607
Thunderbolt; corporate limits, referendum 4295
Tifton; charter commission, proposed amendment to the Constitution 2557
5410
INDEX
Trion; sales tax for educational purposes, proposed amendment
to the Constitution ..................................................... 2675
Twin City; charter amended.................................................... 4520
Tybee Island; corporate limits 4188
Union City; homestead exemptions, proposed amendment to the Constitution 2597
Union City; new charter....................................................... 4676
Valdosta; Central Valdosta Development Authority Act amended 4310
Valdosta; charter amended 3954
Waycross; land conveyance, referendum......................................... 4611
Waycross; public facilities authority Act repealed 3925
MUNICIPALITIESBY POPULATION
600 or more; street improvements.............................................. 502
5,150-5,300; compensation of named officials . , 4046
10,800-11,200; housing authorities members.................................... 507
45.000 or more; fire safety standards........................................ 479
More than 150,000; Act providing for benefits for officers and employees
amended................................................................. 3843
300.000 or more; employees pension plan amended............................. 4385
More than 300,000; pension system Act amended 3887
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; ad valorem taxes......................................................5179
Albany; city recorder........................................................ 5182
Albany; general manager...................................................... 5174
Albany; liens................................................................. 5192
Albany; pension fund.......................................................... 5189
Albany; pension trust......................................................... 5176
Albany; wards...................................... . 5185
Aragon; recorder ............................................................ 5268
Atlanta; bureau of civil defense 5239
Atlanta; civil service system................................................ 5262
Atlanta; compensation of council............................................. 5228
Atlanta; compensation of president of council 5233
Atlanta; council districts.......... . 5199, 5213
Atlanta; office of redevelopment 5266
Atlanta; office of telecommunications 5250
Atlanta; purchasing 5245
Bogart; personnel plan 5270
Calhoun; compensation 5277
Calhoun; pensions............................................................ 5274
Cedartown; city commission.................................................... 5280
College Park; pensions 5284
Decatur; elections 5287
Griffin; retirement benefits, etc. 5291
Lyons; charter amended 5296
Macon; investigations 5306
Macon; pensions........................................................ 5299, 5303
Newnan; pensions ........................ ...... 5310, 5314
St. Marys; compensation of mayor and council 5333
Savannah; paving, etc.............................. ........... . 5335
INDEX
5411
Savannah; retirement......................................................... 5340
Tyrone; municipal court 5347
Waycross; compensation of mayor and council.................................. 5351
Waycross; wards.............................................................. 5354
RESOLUTIONS AUTHORIZING COMPENSATION
Bradley, John D. .............................................................. 5065
Collins, Mrs. Sue H............................................................ 3507
Cummings, J. B. 5064
Dickey, William ............................................................... 5054
Gordon, K. E. 5055
Kinard, Bobby L................................................................ 5058
Mann, Arthur 5068
Salkin, Mrs. Dora.............................................................. 5062
Sikes, Ms. Linda A............................................................. 5063
Tucker, Robert................................................................. 5056
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND
EASEMENTS
American Heart Association ..............................
Baldwin County Board of Education........................
Butts County.............................................
Charlton County Board of Commissioners...................
Chatham Service Corporation .............................
Georgia Easter Seal Society, Inc.........................
Golden Isles Marina, Inc., easement......................
Habersham County Board of Education......................
I. T.T. Rajonier, Inc...................................
J. P. Stevens & Co., Inc................................
Newton County............................................
Tidwell, James E.........................................
Union Camp Corporation...................................
MISCELLANEOUS RESOLUTIONS
Armadillo Olympics Days..................................
Bloodworth, William Franklin, bridge designated
Environments Facilities Stvidy Commission................
Federal judges, review of records........................
Georgia Coroners Manual designated ......................
Georgia-Florida Parkway designated.......................
Grist, Miller J., bridge designated......................
Hargrett, Dr. McKee, bridge designated
Hazardous Drivers Study Committee .......................
Heery-Dickey Regional Youth Development Center named
Holland, Clem, memorial bridge designated
Joint Children and Youth Study Committee created
Joint Committee on Farm Winery Laws......................
Metropolitan Atlanta Rapid Transit Overview Committee
Moss, C. I... parkway designated
Motor Vehicle Safety week
.... 1352
.... 1315
1349, 2197
.... 1339
1333
.... 1300
.... 1307
.... 1309
.... 1331
1305
.... 1341
.... 1336
.... 1328
1319
5061
1346
1313
1345
1318
5069
5057
2195
5066
5060
1303
1338
1322
5059
1317
5412
INDEX
Museum of Art designated 1355
Resolution urging severer sentences reconfirmed.............................. 1327
Richmond County Merit System Advisory Commission 5070
Roosevelt Warm Springs Institute for Rehabilitation 1323
School Finance Study Commission . . . 1311
Select Committee on Constitutional Revision extended 1320
Services for the Aged Study Committee............ 1342
State Employees Health Benefit Plan 1325
Statewide Fire Protection Study Committee.................................... 1348
World Federation Resolution of 1446 repealed 1321
INDEX
5413
INDEX
A
ACCOUNTANCY
Public Accountancy Act of 1977 amended ...................... 1782
ACTIONS
Actions ex contractu, soveriegn immunity waived.............. 495
Affidavits of indigence, etc...................... 933
Care owed passengers by operators of motor vehicles... 1283
Immunity of school personnel from civil tort liability 2495
Liability for emergency health care 692
Limitations on firemens civil liability..................... 1150
Torts relating to compressed gases.................... 2211
ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT
Amended 776, 1110
Educational facilities........................................ 603
ADMINISTRATIVE PROCEDURE ACT
Hearings by telephonic communications......................... 871
ADMINISTRATIVE SERVICES, DEPARTMENT OF
Board of Directors of Fiscal Division..........................843
ADULTERY
Competency of spouse to testify.............................. 1187
AD VALOREM TAXATION
Homestead exemptions......................................... 1108
Prepayment Agreements, etc................................... 2382
AFFIDAVITS OF INDIGENCE
Contents, etc................................................. 933
AGENT ORANGE
Reports of veterans exposure 2321
AGGRAVATED ASSAULT
Defined 1242
AGRICULTURE
Georgia Meat Inspection Act amended 080
Irrigation systems, anti-syphon devices 1232
Livestock dealers and market operators 1804
Tractors and farm equipment, etc.......................... 1753, 1791
5414
INDEX
ALBANY, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
ALCOHOLIC BEVERAGES
Code amended as to certain counties (69,000-75,000) ............ 1855
Joint Committee on Farm Winery Laws................................... 1338
Sale by drink in certain counties (14,486-14,540)
(37,200-38,000).................................................... 592
Sale, etc. regulated................................................... 1463
Sale in certain counties (200,000-500,000) (295,000-300,000)
(350,000-500,000)................................................. 1768
Sale in clubs in certain counties (32,500-32,800) 511
Sale by Stone Mountain Memorial Association.............................. 804
Sale on Christmas Day.................................................... 890
Sale on Sundays and Election Days in certain counties (170,000-275,000) . 521
Taxation on wineries .................................................. 1111
ALCOHOLISM
Effective date of Act providing for treatment 782
Treatment, etc................................................ . . 937
ALCOVY JUDICIAL CIRCUIT
Compensation of court reporter...........................................538
ALLIGATORS
Taking, etc. regulated .......... 1619
ALPHARETTA, CITY OF
Corporate limits 4540
AMATEUR RADIO OPERATORS
Motor vehicle license plates.................................1075
AMERICAN HEART ASSOCIATION
Land conveyance 1352
APPEARANCE BONDS
Forfeitures, etc. ...........................................1224
APPELLATE COURT REPORTS
Distribution 702
APPELLATE PROCEDURE
Affidavits of indigence......................................1186
APPLIED PSYCHOLOGISTS
Licensure 1589
INDEX
5415
APPLING COUNTY
Board of Commissioners, referendum............................ 4642
APPORTIONMENT
House of Representatives ..................................... 452
State senatorial districts ................................... 444
APPROPRIATIONS
General Appropriations Act enacted 1876
Supplementary Appropriations Act......... 2A, 150, 486
ARAGON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
ARCHITECTS, BOARD OF REGISTRATION
Act amended .................................................. 1019
Registration, etc............................................. 903
ARMADILLO OLYMPICS DAY
Designated.................................................... 1319
ARSON
Reports to State Fire Marshal..................................792
ATHENSCLARKE COUNTY MAGISTRATES COURT
Appeals ..................................................... 4068
ATHLETIC TRAINERS ACT
Amended....................................................... 430
ATLANTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Ad valorem tax exemptions, proposed amendment to the
Constitution....................................... 2645, 2647
Board of education 3931
Corporate limits..............................................4181
Duties of president of council ............................... 3595
Group insurance board authority Act repealed 4283
Members of board of education 3607
Municipal Court court costs.................................. 4154
ATLANTIC JUDICIAL CIRCUIT
Additional judge ............................................. 428
ATTACHMENT
Practice and procedure 1378
5416
INDEX
AUCTIONEERS
Licensing........................................................ 1686
AUDITOR, STATE
Revenue Shortfall Reserve Act amended 1288
AUGUSTA, CITY OF
Ad valorem tax exemptions, proposed amendment to the Constitution 2616
Punishment for violating ordinances. 4834
AUGUSTA REDEVELOPMENT AUTHORITY ACT
Amended.......................................................... 4596
AVONDALE, CITY OF
Corporate limits................................................. 4402
B
BAIL
Bail in criminal cases...........................................910
BALDWIN COUNTY
Land conveyance to board of education 1315
Small claims court Act amended 3803
BANKS AND BANKINGS
Reports of certain currency transactions........................2219
Savings and loan associations, etc.............................. 1781
BANKS COUNTY
Compensation of tax commissioner................................ 3897
Superior court judges supplement .............................. 582
BARBERS
Georgia Barber Act amended 1597
BARTOW COUNTY
Board of education, referendum 4589
Compensation of board of education, referendum 4584
Superintendent of schools, referendum 4586
BAXLEY, CITY OF
Homestead exemptions, proposed amendment to the Constitution.... 2653
New charter 4725
BEN HILL COUNTY
City-county development authority Act amended 4859
INDEX
5417
BIBB COUNTY
Board of education districts, referendum ................... 4625
Board of public education and orphanage, purchase and sale of property 5049
Board of public education and orphanage, referendum 4406
Commissioner districts, etc................................ 3728
Macon-Bibb County Transit Authority Act of 1980 amended.... 4339
Macon-Bibb County Water and Sewerage Authority Act amended. 4235, 4409
Macon-Bibb County Water and Sewerage Authority, employees pension
plan amended 4157
BIRTH CERTIFICATES
Georgia Health Code amended................................. 723
BLECKLEY COUNTY
Election of members of board of education, proposed amendment to the
Constitution 2669
BLOOD DONATION
Leave for public employees to participate................... 845
BLOODWORTH, WILLIAM FRANKLIN
Bridge designated .......................................... 5061
BLOOMINGDALE, CITY OF
Corporate limits........................................... 4298
BOARD OF EXAMINERS IN OPTOMETRY ACT
Amended ................................................. 1278
BOARD OF POLYGRAPH EXAMINERS ACT
Amended ................................................... 1582
BOARD OF REGISTRATION FOR FORESTERS
Expiration date ............................................ 984
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND
SURVEYORS
Amended . 2308
BOARD OF VETERINARY MEDICINE ACT
Amended ... 1965
BOATING
Safety zones................................................ 873
BOGART, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
New charter ............................................... 1869
5418
INDEX
BOND FORFEITURES
Procedure, waiver, etc. .................................... 1658
BONDS
Interest rates on county and municipal bonds.................1603
BONDS, CASH
Criminal procedure 1136
BRADLEY, JOHN D.
Compensation for damages.................................... 5065
BREMEN, CITY OF
Corporate limits.................................. 4849
BROOKS COUNTY
Fire protection districts................................... 4038
BRUNSWICK, CITY OF
Glynn-Brunswick Hospital Authority, members . 5051
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
Time in which to complete work.......... 4087
BRUNSWICK PORT AUTHORITY ACT
Amended...................................... 4657
BRYAN COUNTY
Members of board of commissioners, referendum............. 4270
Office of treasurer abolished, referendum.................... 4285
BUILDING AND CONSTRUCTION STANDARDS
Act amended.................................................. 1637
BUILDING AUTHORITIES
Act creating in certain counties amended (550,000 or more) 5031
BUILDING PERMITS
Permanent records............................................ 2483
BULLOCH COUNTY
Compensation of clerks of board of commissioners 4493
Compensation of clerk of probate court 4497
Compensation of employees of clerk of superior court 3947
Compensation of sheriffs deputies, etc. 3950
Compensation of tax commissioners employees 3943
Small claims court Act amended............................... 4832
INDEX
5419
BURKE COUNTY
Compensation of coroner .................................... 4439
Small claims court Act amended.............................. 4428
BUTTS COUNTY
Land conveyance............................................. 2197
Quitclaim................................................... 1349
Terms of board of commissioners............................. 4790
BUYING SERVICES ACT OF 1975
Amended, enforcement........................................ 1073
C
CABBAGETOWN HISTORIC DISTRICT
Ad valorem taxation, proposed amendment to the Constitution. 2509
CAIRO, CITY OF
Recorders court............................................ 4024
CALHOUN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
CALHOUN COUNTY
Small claims court Act amended.............................. 3503
CANDEM COUNTY
Homestead exemptions, proposed amendment to the Constitution 2586
CASH BONDS
Deposits by sheriffs in certain counties (400,000 or more) 991
Procedure .................................................. 1136
CATOOSA COUNTY
Compensation of tax commissioners clerical assistants 4618
Fiscal administration of sheriffs office................... 5114
Hospital authority Act amended, members..................... 4531
CEDARTOWN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
CHAMBLEE, CITY OF
Homestead exemptions, proposed amendment to the Constitution 2542
CHARITABLE CONTRIBUTIONS, ETC.
State employees
2274
5420
INDEX
CHARLTON COUNTY
See alsoTabular IndexCountiesHome Rule Amendments.
Compensation of tax commissioner 3929
Quitclaim to board of commissioners.......................... 1339
CHATHAM COUNTY
City-county school system, districts.........................4139
Compensation of clerk of probate court..................... 4138
CHATHAM SERVICE CORPORATION
Easement .................................................... 1333
CHATTAHOOCHEE COUNTY
Compensation of board of commissioners....................... 4510
CHATTAHOOCHEE JUDICIAL CIRCUIT
Terms in Taylor County...................................... 536
CHATTOOGA COUNTY
Disposal of county property.................................. 4085
Sales tax for educational purposes, proposed amendment
to the Constitution...................................... 2675
CHEROKEE COUNTY
Board of education, referendum............................... 3602
Compensation of named officers .............................. 4578
CHESTER, TOWN OF
Corporate limits............................................. 3916
CHILD CUSTODY
Investigations in child custody cases ....................... 1189
CHILD SUPPORT RECOVERY ACT
Amended ................ 1105, 1204, 1207
CHILDREN
Fingerprinting...............................................928
Liability for malicious acts 849
CHILDREN AND YOUTH
Joint Children and Youth Study Committee 1303
CHILDREN AND YOUTH ACT
Amended ....................... 706, 1120
CHIROPRACTIC
State board of examiners ................................... 2333
INDEX
5421
CHRISTMAS DAY
Sale of alcoholic beverages .................................... 890
CITIZEN RIGHTS
Females......................................................... 826
CITIZENS BAND RADIO OPERATORS
Motor vehicle license plates for operators................. 1118
CIVIL PRACTICE ACT
Amended, effect of dismissal ....................................784
CLAIMS ADVISORY BOARD
Powers, duties, etc. ....... 930
CLARKE COUNTY
Appeals from magistrates court ............................. 4068
Members, etc. of hospital authority............................. 3705
CLARKE COUNTY, STATE COURT OF
Act amended.................................................... 4071
CLAXTON, CITY OF
Charter amended................................................ 4242
CLAYTON COUNTY
Civil service system Act amended . ............. 3723
Compensation of chairmen of board of commissioners............. 4473
Compensation of judge of probate court......................... 4476
Compensation of sheriff and clerk of superior court, etc....... 4478
Members of board of education, referendum...................... 4431
Tax commissioners compensation, etc........................... 4471
Water authority Act amended.................................... 3721
CLAYTON COUNTY, STATE COURT OF
Compensation of judge and solicitor............................ 4481
CLERKS OF SUPERIOR COURT
Compensation in certain counties (32,300-32,800) 4536
Compensation in certain counties (190,000-210,000) 4382
CHEROKEE COUNTY
Compensation of county commissioner 4484
CLIMAX, CITY OF
Charter amended................................................ 4853
5422
INDEX
CLINICAL LABORATORIES
Act regulating, amended.......................................... 2376
Licensing, etc................................................. 1081
COBB COUNTY
Board of commissioners, meetings, etc............................ 4111
Civil service board members, etc................................. 4704
Commissioner districts........................................... 4550
Justices of the peace, proposed amendment to the Constitution 2615
Meetings of board of education................................... 4066
South Cobb Development Authority Act 3772
COBB COUNTY, STATE COURT OF
Accusations...................................................... 3725
Additional judge ................................................ 3610
Assistant solicitors............................................. 3763
Compensation of chief deputy clerk............................... 4107
Court costs...................................................... 4166
Magistrates...................................................... 3621
COBB JUDICIAL CIRCUIT
Additional judge ................................................. 434
CODE
Official Code of Georgia Annotated amended 3, 2107
COLLEGE PARK, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Homestead exemptions, proposed amendment to the Constitution 2605
COLLINS, MRS. SUE H.
Compensation for damages......................................... 3507
COLQUITT COUNTY
Moultrie-Colquitt County Development Authority, bonds, proposed
amendment to the Constitution 2578
Tax for emergency medical services, proposed amendment
to the Constitution.......................................... 2663
COLUMBIA COUNTY
Justices of the peace, proposed amendment to the Constitution 2575
COLUMBUS, MUNICIPAL COURT OF
Bonds of clerk and marshal 4044
COMMERCE, CITY OF
Merger of school districts, referendum 4012
INDEX
5423
COMMUNICATION FACILITIES
Use in committing crimes 2359
COMMUNITY AFFAIRS, DEPARTMENT OF
Powers, duties, etc. 2310
COMMUNITY SERVICE
Condition of probation 1257
COMPOSITE BOARD OF MEDICAL EXAMINERS
Act amended 2266
CONCEALED WEAPONS
Criminal Code amended...................................... 789
CONGRESS, U.S.-
Urged to review records of federal judges................... 1313
CONSERVATION EASEMENTS
Defined, etc. ............................................ 1227
CONSTITUTION OF 1983
Proposed amendments, prior resolution amended............... 2551
CONSTITUTIONAL AMENDMENTS
See also Tabular IndexProposed Amendments to the Constitution.
1981 resolutions repealed............................. 2555, 2556
CONSTITUTIONAL REVISION
Select committees extended ............................... 1320
CONTEMPT OF COURT
Punishment................................................. 974
CONTROLLED SUBSTANCES
Counterfeit substances.................................... 2370
COOK COUNTY
Election, etc. of school superintendent, referendum 3749
CORDELE, CITY OF
Crisp County-Cordele Industrial Authority, members, proposed amendment
to the Constitution................................... 2570
CORDELE JUDICIAL CIRCUIT
Additional judge ......................................... 7)01
5424
INDEX
CORONERS
Compensation in certain counties (10,600-10,900).................... 585
Compensation in certain counties (15,200-15,400).................... 590
Compensation in certain counties (22,320-22,500) 4060
Compensation in certain counties (55,110-58,000) (66,000-74,000)... 4831
Compensation in certain counties (190,000-210,000) 4382
Georgia Coroners Manual designated............... ................. 1345
CORPORATION CODE
Amended, fees, etc............................... 886
CORPORATIONS
Corporate takeovers.................... 696, 807
Dissent from certain corporate actions 694
Transfers of interest in real property. 1197
COUNTERFEIT CONTROLLED SUBSTANCES
Crimes, etc...................................................... 2370
COUNTY BOARDS OF HEALTH
Members in certain counties (250,000-400,000)...................... 506
COUNTY BONDS
Interest rates, etc................................................ 1603
COUNTY CLERKS
Compensation in certain counties (2,000 or less) (2,100-2,300)..... 4583
COUNTY COMMISSIONERS
Boards in certain counties (9,365-9,385) referendum................ 4606
Compensation in certain counties (8,335-8,725) (10,200-10,350)..... 4852
Compensation in certain counties (12,300-12,400) .................. 588
Compensation in certain counties (21,800-22,000)................... 4522
Compensation in certain counties (26,290-27,280) (29,200-30,000) . 4196
Compensation in certain counties (56,400-60,000).................... 533
Compensation in certain counties (more than 500,000) 5100
COUNTY LAW LIBRARIES
Use of funds, etc................................................. 1103
COUNTY OFFICERS
Compensation in certain counties (190,000-210,000)................. 4382
COURT OF APPEALS
Court costs, affidavits of indigence............................... 1186
COURT OF APPEALS REPORTS
Publication ........................................................ 892
INDEX
5425
COURTS OF INQUIRY
Probate court judges, etc........ ................................... 493
COURTS OF LIMITED JURISDICTION COMPENSATION ACT OF 1982
Enacted ....................... 1737
COVINGTON, CITY OF
City cable television system ........................................ 3920
Homestead exemptions, proposed amendment to the Constitution 2568
COWETA COUNTY, STATE COURT OF
Compensation of judge and solicitor ..... ........................... 3508
CRIMES
Aggravated assault ..................................... 1242
Boating in boat safety zones......................................... 875
Concealed weapons, etc.......................................... 789
Contributing to delinquency of minors................................. 968
Counterfeit controlled substances .................................. 2370
Dangerous drugs, etc............................................... 2403
Dogfighting.......................................................... 2214
Feticide ............................................................ 2499
Forfeiture of certain property used in criminal enterprises 2325
Georgia RICO Act amended............................................. 1385
Habitual violators.................................................... 867
Homicide by vehicle, etc............................................. 1694
Kidnapping, interference with custody, etc............................ 970
Lotteries, promotional contests ..................................... 1661
Methaqualone......................................................... 2215
Motor vehicle license plates ........................................ 1584
Possession of firearms by convicted felons .......................... 1171
Punishment for theft, etc............................................ 1371
Reports of arson to State Fire Marshal................................ 792
Use of communications facilities in committing crimes................ 2359
CRIMINAL BONDS
Fees of sureties .................................................... 1254
CRIMINAL PROCEDURE
Bail in criminal cases................................................ 910
Bond forfeitures, etc................................................ 1858
Cash bonds........................................................... 1136
Community service as condition of probation 1257
Courts of inquiry.................................................... 193
Disposition, etc. of seized property 2336
Fees of sureties on criminal bonds 1254
First offender treatment, etc........................................ 1807
Forfeiture of appearance bonds, etc. 1224
Habitual violators 867
5426
INDEX
CRIMINAL PROCEDURE(Cont.)
Jail and prison overcrowding 1356
Pleas of insanity, etc.......................................... 1476
Pretrial intervention programs.................................. 1093
Public defenders appointment, etc. 1181
Relief from sentences by writ of habeas corpus..................786
Resolution urging severer sentences reconfirmed 1327
Sale or disposition of forfeited property.................. 2273
Sentence review panels, etc.................................. 1271
Statewide Probation Act amended....................... , 1097, 2283
Wiretapping, etc............................................. 2319
CRISP COUNTY
Homestead exemptions, proposed amendment to the Constitution 2564
Small claims court Act amended................................. 4193
CRISP COUNTY-CORDELE INDUSTRIAL AUTHORITY
Members, proposed amendment to the Constitution ........ 2570
CUMMINGS, J. B.
Compensation for damages....................................... 5064
D
DACULA, CITY OF
Mayor and council members...................................... 4249
DADE COUNTY
Compensation of deputies of clerk of superior court ............ 4417
Compensation of probate court deputies, etc.................... 4414
Compensation of tax commissioners personnel................... 4419
Hospital authority Act amended, members 4531
DAHLONEGA, CITY OF
New charter.................................................... 4354
DALTON, CITY OF
Charter amended................................................ 5002
DAMS
Georgia Safe Dams Act of 1978 amended 2339
DANGEROUS DRUGS
Control, etc................................................... 2403
DAWSON COUNTY
Deputy clerk of superior court, clerk of probate court,
salaries................................................... 3616
INDEX
5427
DEATH CERTIFICATES
Georgia Health Code amended 723
DECATUR, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Corporate limits 3910
DECATUR COUNTY
Small claims court Act amended............................... 4334
DEEDS TO SECURE DEBT
Interest, etc. on secondary security deeds 488
DEKALB COUNTY
See also Tabular IndexCountiesHome Rule for Counties.
Commissioner districts.......................................... 4235
Community college, referendum................................... 4239
Election districts, etc......................................... 4325
Election of probate court judge ............................... 4131
Homestead exemptions, proposed amendment to the
Constitution................................. 2657, 2659
Justices of the peace, proposed amendment to the Constitution... 2573
Recorders court deputy clerks................................. 4599
School board districts, etc..................................... 3797
Special services tax districts................................. 4396
DEKALB COUNTY, STATE COURT OF
Agency to provide legal services to the poor 4162
Transfer of certain cases from superior court 4322
DELINQUENCY
Contributing to delinquency of minors 968
DENTISTRY, GEORGIA BOARD OF
Act amended.....................................................1056
DEPOSITORIES
Liens on property............................................... 915
Sale of property................................................ 920
DEPOSITIONS AND DISCOVERY
Evidence, etc.................................................. 2374
DEPUTY SHERIFFS
Bonds 1779
DEVELOPMENT AUTHORITIES LAW
Amended 1705
5428
INDEX
DICKEY, WILLIAM
Compensation for damages........................................ 5054
DISPOSITION OF UNCLAIMED PROPERTY ACT
Amended..................................................... 1787
DISPOSSESSORY PROCEEDINGS
Procedure, etc............................... ......... 1134, 1228
DISTRESS WARRANTS
Procedures, etc. ........................................... 1134
DISTRICT ATTORNEYS
Compensation in certain counties (18,200-18,900) (19,200-19,400). 581
Secretaries................................................. 1486
DODGE COUNTY
Compensation of named officers and officials................ 4031
DOGFIGHTING
Defined, punishment, etc. . 2214
DOMICILE
Married persons.................................................. 805
DONALSONVILLE, CITY OF
Recorders court ............................................... 3861
DOOLY COUNTY
Small claims court Act amended.................................. 3885
DORAVILLE, CITY OF
Homestead exemptions, proposed amendment to the Constitution 2610
DOUGHERTY COUNTY
Commission districts............................................ 3519
DOUGHERTY COUNTY, STATE COURT OF
Judges compensation............................................ 3562
DOUGLAS COUNTY
Board of education districts, referendum........................ 4786
Magistrates court created...................................... 4659
DOWNTOWN DEVELOPMENT AUTHORITIES LAW
Amended ........................................................ 1726
INDEX
5429
DRUG DEPENDENT INDIVIDUALS
Treatment, etc........................................................ 937
DRUGS
Control of dangerous drugs, etc..................................... 2403
Methaqualone, crimes, etc........................................... 2215
DUBLIN JUDICIAL CIRCUIT
Grand juries.......................................................... 547
E
EARLY COUNTY
Compensation of board of commissioners 3846
EAST POINT BUSINESS AND DEVELOPMENT AUTHORITY ACT
Amended............................................................. 4435
EAST POINT, CITY OF
Elections, etc...................................................... 3598
ECONOMIC REHABILITATION ACT OF 1975
Amended............................................................. 1285
EDUCATION
Adequate Program for Education amended 603, 776, 1110
Compensation of boards in certain counties (18,500-19,000)
(20,900-21,200)................................................. 589
Compensation of boards of education in certain counties
(34,000-34,500)................................................. 934
County boards in certain counties (175,000-195,000)
(200,000-250,000).............................................. 3940
Display of motto and flags in classrooms, etc.........................913
Educational Improvement Council, name changed, etc................... 684
Election of boards of education in certain counties
(60,000-65,000) (76,000-79,000) ............................... 4191
Fees for collecting school taxes in certain counties
(350,000-500,000).............................................. lg53
Georgia Professional Standards Act, amended 836
Georgia Student Finance Authority amended 1699
Grounds for termination of teachers contracts, etc................. 2188
Immunity of school personnel from civil tort liability 2495
Public school employee defined........................................896
Qualification of county board members and superintendents 1175
Security personnel in certain counties (210,000-450,000) 515
Transportation for elderly authorized by county boards 1693
EFFINGHAM COUNTY
Homestead exemptions, proposed amendment to the Constitution
2634
5430
INDEX
EFFINGHAM COUNTY, STATE COURT OF
Salaries of judge and solicitor ...................................... 3938
ELBERT COUNTY
Small claims court Act amended 4009
ELDERLY
Transportation........................................................ 1693
ELECTIONS
Act creating boards in various counties based on population amended . 5040
Act creating boards of elections in certain counties amended
(55,110-56,000) (66,000-74,000)................................... 4353
Act creating election boards in certain counties amended
(18,200-18,300) (19,200-19,400)................................... 4208
Act creating boards of elections in certain counties amended
(51,000-55,110) (60,000-67,000)................................... 4530
Boards of elections created in certain counties ...................... 4465
Boards of elections in certain counties (22,312-22,825)
(40,000-40,700)................................................... 4331
Boards of elections in certain counties (66,000-73,000)
(158,000-168,000)................................................. 4305
Boards of elections in certain counties (145,000-165,000)
(175,000-185,000)......................................... . 4321
Compensation of poll officers in certain counties (200,000 or more) 513
Compensation of registrars............................................. 850
Copies of records, etc................................................. 437
Distribution of fees, etc. ........................... . . . . 897
Georgia Election Code amended ................................... 1292, 1512
Municipal Election Code amended....................................... 1670
Recall of elected public officials 1653
Registration of electors, etc.......................................... 688
Voter registration places.............. ........ . 442
EMANUEL COUNTY
Board of education, referendum........................................ 4049
Clerk of superior court placed on salary basis 4794
EMANUEL COUNTY DEVELOPMENT AUTHORITY ACT
Amended............................................................... 4861
EMERGENCY HEALTH CARE
Liability, etc......................................................... 692
EMERSON, CITY OF
Aldermen............................................................ 4592
Terms of mayor and aldermen 4594
INDEX
5431
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA ACT
Amended 1163
EMPLOYMENT SECURITY LAW
Amended ................................................ 1023
ENGINEERING
Registration of professional engineering firms 2269
Registration, etc. of professional engineers 2271, 2308
ENVIRONMENTAL FACILITIES STUDY COMMISSION
Created 1346
ETON, TOWN OF
City court established 3578
EVIDENCE
Adultery, competency of spouse to testify.................. 1187
Depositions and discovery.................................. 2374
Release of information to Department of Human Resources 1077
EXECUTIVE PROBATE JUDGES COUNCIL OF GEORGIA
Established, etc........................................... 1612
EYE BANKS
Definition, etc............................................. 1499
F
FACADE EASEMENTS
Defined, etc................................................ 1227
FAIR BUSINESS PRACTICE ACT OF 1975
Amended.....................................................1689
FAIR EMPLOYMENT PRACTICE ACT OF 1978
Amended..................................................... 12S3
FALCONRY
Seasons and bag limits..................................... 1263
FAMILY AND CHILDREN SERVICES, DEPARTMENT OF
Destruction of records ..................................... 881
Investigations in child custody cases 1189
FAMILY VIOLENCE
Prevention, etc............................................ 2300
5432
INDEX
FARM WINERY LAWS
Joint committee created..................................... 1338
FARMERS MUTUAL FIRE INSURANCE COMPANIES
Sale of policies............................................ 856
FAYETTE COUNTY
Small claims court Act amended.............................. 3923
FEDERAL JUDGES
Congress urged to review records............................ 1313
FEMALES
Citizen rights.............................................. 826
FETICIDE
Crimes, etc................................................. 2499
FINANCIAL INSTITUTIONS
Definitions................................................ 2496
Minors deposits............................................ 1085
Reports of certain currency transactions.................... 2219
FINGERPRINTING
Fingerprinting of children regulated ....................... 928
FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT
Amended..................................................... 989
FIRE PROTECTION PACTS
Act providing for, amended ..................................955
FIRE SAFETY STANDARDS
Enforcement, etc............................................ 479
FIRE SPRINKLERS
Georgia Fire Sprinkler Act.................................. 1212
FIREARMS
Possession by convicted felons . . . . . . . 1171
FIREMEN
Limitation on civil liability............................... 1150
FIRST OFFENDERS
Treatment, etc.............................................. 1807
INDEX
5433
FISCAL NOTES
Required for introduction of certain Bills in General Assembly . 1116
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY ACT
Amended ........................................................ 4859
FLAGS
Display in classrooms........................................... 913
FLOYD COUNTY
See alsoTabular IndexCountiesHome Rule Amendments.
Election of judge of juvenile court.............................. 4190
FORESTERS, BOARD OF REGISTRATION
Expiration date, etc.............................................984
FORFEITED PROPERTY
Sale and disposition........................................... 2273
Used in certain criminal enterprises........................... 2325
FORSYTH COUNTY
Purchases by county authorities ................................. 4792
FORT VALLEY, CITY OF
Municipal court Act amended ..................................... 4047
FRANKLIN COUNTY
Board of education and superintendent, referendum.............. 3753
FULTON COUNTY
Ad valorem tax exemptions, proposed amendment to the
Constitution........................................... 2645, 2647
Board of commissioners........................................... 4148
Building authority, proposed amendment to the Constitution 2613
Chief clerk of probate court..................................... 4392
County-wide Library system....................................... 4174
Municipal recreational programs, proposed amendment to the
Constitution................................................. 2504
Pension system Act amended....................................... 4829
Personnel board, etc............................................. 4896
FUND RAISING
Professional fund raising regulated 922
G
GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY ACT-
Amended.......................................................... 4300
5434
INDEX
GAME AND FISH
Alligators 1619
Body gripping traps 988
Code amended 1629, 1729, 1771
Falconry, seasons and bag limits............................. 1263
GARDEN CITY, CITY OF
Charter amended 4089
GAS PIPES
Blasting, etc. near underground pipes ....................... 1577
GENERAL APPROPRIATIONS ACT
Enacted...................................................... 1876
GENERAL ASSEMBLY
Allowances for members ..................................... 1255
Fiscal notes required for certain Bills .................... 1116
Revenue Shortfall Reserve Act amended 1288
GENERAL ASSEMBLY JOURNALS
Distribution, etc............................................ 702
GEORGIA ADMINISTRATIVE PROCEDURE ACT
Hearings by telephonic communications ....................... 871
GEORGIA BOARD OF ATHLETIC TRAINERS ACT
Amended.......................................................430
GEORGIA BOARD OF DENTISTRY ACT
Amended...................... 1056
GEORGIA BOARD OF NURSING
Act amended................................................. 2500
GEORGIA CIVIL PRACTICE ACT
Effect of dismissal.......................................... ~H4
GEORGIA COMMISSION OF STATE GROWTH POLICY ACT
Amended 2261
GEORGIA CORONERS MANUAL
Designated.................................................. 1245
GEORGIA CRIME INFORMATION CENTER
Duties, functions, etc. 952
INDEX
5435
GEORGIA CRIMINAL JUSTICE ACT
Public defenders 1181
GEORGIA EASTER SEAL SOCIETY, INC.
Land conveyance .............................................. 1300
GEORGIA FACTORY FOR THE BLIND
Name changed, etc............................................. 830
GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT
Amended....................................................... 989
GEORGIA FIRE SPRINKLER ACT
Enacted....................................................... 1212
GEORGIAFLORIDA PARKWAY
Designated.................................................... 1318
GEORGIA HEALTH CODE
Alcoholic or drug dependent individuals, etc.................. 937
Amended.................................................. 723, 2248
Amended, reports of certain physical injuries................. 1249
Regulation of hospitals, etc.................................. 864
GEORGIA INSURANCE CODE
Amended...................................... 615, 650, 1199, 1217, 1678
Amended, payment to third parties, etc........................ 802
Farmers Mutual Fire Insurance Companies...................... 856
Group life insurance policies................................. 822
Motor vehicle insurance.................................. 1234, 1624
Policies to be written in simple language .................... 1244
Workers compensation insurance............................... 644
GEORGIA LAND SALES ACT OF 1982
Enacted....................................................... 1431
GEORGIA LAWS
Distribution.................................................. 702
GEORGIA MEAT INSPECTION ACT
Amended ...................................................... 980
GEORGIA MEDICAL ASSISTANCE ACT OF 1977
Amended....................................................... 824
GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT
Amended....................................................... 2478
5436
INDEX
GEORGIA POST-MORTEM EXAMINATION ACT
Amended 718, 959
GEORGIA PROFESSIONAL STANDARDS ACT
Amended 836
GEORGIA PUBLIC ASSISTANCE ACT OF 1965
Amended............................ 883, 1281
GEORGIA PUBLIC SERVICE COMMISSION
Cost of operating.................................... 1063
Duties, powers, etc.................................... 412
GEORGIA RESIDENTIAL FINANCE AUTHORITY LAW
Amended........................................ 1716, 1813, 2228
GEORGIA RICO (RACKETEERS INFLUENCED AND CORRUPT
ORGANIZATIONS) ACT
Amended................................................. 1385
GEORGIA SAFE DAMS ACT OF 1978
Amended................................................. 2339
GEORGIA SAFETY FIRE COMMISSIONER
Enforcement of Fire Safety Standards................... 479
GEORGIA SELF-SERVICE STORAGE FACILITY ACT
Enacted................................................. 2286
GEORGIA SPORTS HALL OF FAME ACT
Amended................................................ 1153
GEORGIA STATE BOARD OF LANDSCAPE ARCHITECTS
Act amended............................................. 2378
GEORGIA STATE OCCUPATIONAL THERAPY ACT
Amended................................................. 2224
GEORGIA STUDENT FINANCE AUTHORITY
Amended 1699
GEORGIA WATER QUALITY CONTROL ACT
Amended................................................. 2304
GLYNN-BRUNSWICK HOSPITAL AUTHORITY
Members................................................. 5051
INDEX
5437
GLYNN COUNTY
Board of commissioners ......................................... 4570
Brunswick-Glynn County Charter Commission, time in which to
complete work............................................... 4087
Compensation of clerk of superior court and personnel 5046
Compensation of sheriff, etc. . 3881
Compensation of tax commissioner, etc......................... 3870
Juvenile court judges salary................................... 4548
Magistrates court.............................................. 5096
Ordinances, proposed amendment to the Constitution 2637
GLYNN COUNTY, STATE COURT OF
Compensation of personnel, etc. 4633
GOLDEN ISLES MARINA, INC.
Easement........................................................ 1307
GOLF HALL OF FAME
Created......................................................... 1153
GORDON, K. E.
Compensation for damages........................................ 5055
GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION
Election of members, proposed amendment to the Constitution 2680
GROUND WATER USE ACT OF 1972
Amended 21306
GROWTH POLICY ACT
Georgia Commission on State Growth Policy Act 2261
GRAND JURIES
Elected officials ineligible to serve 179
Special purpose grand juries in certain counties (70,000 or more) 541
GRIFFIN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
GRIFFIN JUDICIAL CIRCUIT
596
Judges compensation............................................
GRIST, MILLER J.
Bridge designated
GROVETOWN, CITY OF
Judge of city court
5438
INDEX
GUARDIAN AND WARD
Appointment, etc. of guardians ad litem 796
Physicians affidavits and evaluations 1221
GUYTON, CITY OF
New charter ................................................... 3806
Corporate limits............................................... 4211
GWINNETT BUILDING AUTHORITY ACT
Amended........................................................ 4546
GWINNETT COUNTY
See alsoTabular IndexCountiesHome Rule Amendments.
Board of education, referendum................................. 3510
Public facilities authority Act amended 4672
Recreation authority Act amended 4674
Water and sewerage authority Act amended 4670
GWINNETT COUNTY AIRPORT AUTHORITY ACT
Amended....................................................... 4544
GWINNETT JUDICIAL CIRCUIT
Additional judge............................................... 436
H
HABEAS CORPUS
Relief from court sentences.................................... 786
HABERSHAM COUNTY
Land conveyance to board of education 1309
Sales tax for educational purposes, proposed amendment to the
Constitution.............................................. 2566
Tax commissioner, salary, vacancies, etc...................... 3702
HALL COUNTY
City-county development authority Act amended 4300
HALL COUNTY, STATE COURT OF
Compensation of judge and solicitor 3852
HANCOCK COUNTY
Compensation of judge of probate court and clerk of
superior court, etc........................................ 3866
Compensation of tax commissioner, etc. 3864
Small claims court Act amended 3787
HAPEVILLE DEVELOPMENT AUTHORITY
Created, etc., proposed amendment to the Constitution
2524, 2618
INDEX
5439
HARALSON COUNTY
Compensation of county commissioner............................ 3700
Members of board of education, referendum 4523
Sheriffs compensation 4604
HARGRETT, DR. MCKEE
Bridge designated.............................................. 5057
HART COUNTY
Tax commissioner placed on salary basis . ........................ 3736
HAWKINSVILLE, CITY OF
Members of Pulaski County-Hawkinsville Development Authority... 4209
HAZARDOUS DRIVERS STUDY COMMITTEE
Created 2195
HEALTH
Alcoholic or drug dependent individuals, etc.................... 937
Georgia Health Code amended................................. 723, 2248
Inspection warrants 1667
Liability for emergency health care............................. 692
Members of boards of health in certain counties (250,000-400,000). 506
Regulation of hospitals, etc.....................................864
Reports of certain physical injuries............................ 1249
HEARD COUNTY
Small claims court created 4199
HEERY-DICKEY REGIONAL YOUTH DEVELOPMENT CENTER
Named 5066
HELENA, CITY OF
New charter . . . ......................... 5072
HENRY COUNTY
Ad valorem tax exemption, proposed amendment to
the Constitution .......................................... 2609
Board of commissioners Act amended 4094
Election districts, etc......................................... 3638
Homestead exemptions, proposed amendment to the
Constitution.............................. 2515, 2517, 2519
Small claims court Act amended 3733
HENRY COUNTY DEVELOPMENT AUTHORITY ACT
Amended
4078
5440
INDEX
HENRY COUNTY WATER AND SEWERAGE AUTHORITY ACT
Amended........................................................ 4081
HEPHZIBAH, CITY OF
New charter ............................................ ... 4801
HOLLAND, CLEM
Memorial bridge designated..................................... 5060
HOMESTEAD EXEMPTIONS
Filing in certain counties (34,000-34,500).......... . 531
HOMICIDE BY VEHICLE ETC.
Crimes defined, etc............................................ 1694
HOSPITAL AUTHORITIES LAW
Amended......................................................... 712
HOUSE OF REPRESENTATIVES
Apportionment................................................... 452
HOUSING AUTHORITIES
Members in certain cities (10,800-11,200)....................... 507
Members in certain counties (110,000-130,000).................. 1087
Members in certain counties (550,000 or more)................... 504
HOUSING AUTHORITIES LAW
Amended ..................................... 906, 2228
HOUSTON COUNTY
Ad valorem taxes for educational purposes, proposed amendment
to the Constitution.......... . 2601
Sales tax for educational purposes, proposed amendment to the
Constitution............................................... 2600
HUMAN RESOURCES, DEPARTMENT OF
Division of Vocational Rehabilitation, name changed 833
Release of information by physicians........................... 1077
Waiver of rules, etc........................................... 1592
I
INCOME TAX
Credits, etc. ......................... . . 2497
INDIGENCE
Atfidavits, etc................................................. 933
INDEX
5441
INSANITY, PLEAS OF
Criminal procedure.......................................... 1476
INSPECTION WARRANTS
Georgia Health Code amended................................. 1667
INSURANCE
See Georgia Insurance Code.
INSURANCE PREMIUM FINANCE COMPANIES
Act regulating, amended 1054
INTEREST AND USURY
Interest on unpaid interest.................................. 420
Secondary security deeds..................................... 488
IRON CITY, TOWN OF
Election of councilmen........................................ 4336
IRRIGATION SYSTEMS
Anti-syphon devices ......................................... 1232
IRWIN COUNTY
Compensation of clerk and secretary of board of commissioners 4057
Compensation of deputy sheriffs.............................. 4055
I.T.T. RAYONIER, INC.
Land conveyance.............................................. 1331
J
JACKSON COUNTY
Merger of school districts, referendum....................... 4012
JAIL AND PRISON OVERCROWDING
Procedure to relieve ........................................ 1356
JEFF DAVIS COUNTY
See Tabular IndexCountiesHome Rule Amendments.
JEFFERSON, CITY OF
Merger of school districts, referendum...................... 4012
JEFFERSON COUNTY
Ad valorem taxation, proposed amendment to the Constitution 2588
JENKINS COUNTY
Small claims court Act amended 4450
5442
INDEX
JUDGMENTS
Consent judgments ..................................... 1262
JUDGES OF THE PROBATE COURT RETIREMENT FUND OF GEORGIA
Act amended..... ........ ....... . 2207
JURIES
Oath on voir dire 800
JURY CLERKS
Authorized in certain counties (175,000-185,000) 548
JURY COMMISSIONERS
Compensation............................................ 1230
JUVENILE COURT CODE OF GEORGIA
Amended.............................................1871, 2199
K
KENNESAW, CITY OF
Corporate limits 4915
KIDNAPPING
Defined, punishment, etc................................... 970
KINARD, BOBBY L.
Compensation for damages 5058
L
LABOR, DEPARTMENT OF
Correctional Services Division 1093
LABORATORIES
Act regulating clinical laboratories amended 2376
LAGRANGE, CITY OF
Board of education 4985
Corporate limits 3745
Downtown LaGrange Development Authority Act amended 4251
LAMAR COUNTY
Compensation of tax commissioner 4491
Coroner placed on salary basis 4489
LAND SURVEYORS
Registration Act amended 2308
INDEX
5443
LANDLORD AND TENANT
Dispossessory and distress warrant proceedings.................. 1134
Dispossessory proceedings....................................... 1228
LANDSCAPE ARCHITECTS
Act regulating, amended......................................... 2378
LAURENS COUNTY
See also Tabular IndexCountiesHome Rule Amendments.
Compensation of tax commissioner............................... 4109
Sheriff s compensation......................................... 4469
Small claims court Act amended . , . . .................... 4197
LAW ENFORCEMENT OFFICERS
Special officers................................................ 1089
LAW LIBRARIES
Court costs in certain counties (26,200-27,000) ................ 520
Court costs in certain counties (200,000-275,000) .............. 591
Provisions in certain counties (300,000 or more)................ 586
Use of funds, etc.............................................. 1103
LAWRENCEVILLE, CITY OF
Corporate limits............................................... 4306
LIBRARIANS
Board for certification amended................................ 1493
LIBRARIES
Countywide systems in certain counties (500,000 or more), proposed
amendment to the Constitution ............................. 2547
LICENSE FEES AND TAGS
Motor vehicles.................................................. 422
LIENS
Property held in possession by certain depositories............. 915
LIFE INSURANCE
Group policies ................................................. 822
LINCOLN COUNTY
Chairman of board of commissioners............................. 4092
Compensation of tax commissioner............................... 4517
LIVESTOCK DEALERS AND MARKET OPERATORS
Licensing, etc.
1804
5444
INDEX
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT
Court reporters salary 526
LOTTERIES
Promotional contests............................................ 1661
LOWNDES COUNTY
Board of commissioners, referendum ............................. 3582
Business Licenses, proposed amendment to the Constitution........ 2593
Jurisdiction of small claims court.............................. 3619
Justices of the peace, proposed amendment to the Constitution 2592
Street improvement bonds, proposed amendment to the Constitution. 2649
LUMPKIN COUNTY
Board of education, referendum.................................. 4277
Compensation of county commissioner 3859
Compensation of judge of probate court and clerk of
superior court............................................ 4006
Compensation of tax commissioners................... 4001
Sheriffs compensation....................................... 4003
Superintendent of schools, referendum........................... 4274
LYONS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
M
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT
Amended........................................................ 4409
Employees pension plan amended................................ 4157
MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980
Amended . . . 4339
MACON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Corporate limits............................................... 4781
Pensions of firemen and police, proposed amendment to the
Constitution.............................................. 2549
MACON COUNTY, STATE COURT OF
Compensation of judge and solicitor............................ 4063
MANCHESTER, CITY OF
Corporate limits . 4798
MANN, ARTHUR
Compensation for damages 5068
INDEX
5445
MARIETTA, CITY OF
Board of education ..... 4558
Charter amended . . .... ........... ..................... 4561
Downtown Marietta Development Authority Act amended 4909
MARION COUNTY
Compensation of board of commissioners.................. 4640
MARRIAGE
Retired state court judges may perform ceremonies 1287
MARRIED PERSONS
Domicile. 805
Use of surnames .............................................. 950
MAXEYS, CITY OF
Terms of mayor and councilmen 4042
MECHANICS AND MATERIALMENS LIENS
Defined, notices, etc......................................... 1144
MEDICAL ASSISTANCE ACT OF 1977
Amended ...................................................... 824
MEDICAL EXAMINERS, STATE BOARD
Act amended.................................................. 2266
MERIT SYSTEM EMPLOYEES
Religious holidays......................................... 986
MERIWETHER COUNTY
Justices of the peace, proposed amendment to the Constitution. 2582
METALS, PRECIOUS
Act regulating dealers amended................................ 1504
METHAQUALONE
Crimes, etc................................................... 2215
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965
Amended.................................................. 3707, 5101
METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE
Extended............................................
MILITARY INSTALLATIONS
Sale of timber
853
5446
INDEX
MILITIA DISTRICTS
Qualifications, etc, 825
MILLER COUNTY
Compensation of board of commissioners . 4246
MILNER, CITY OF
Elections, etc.................................................. 4486
MINORS
Contributing to delinquency of minors.................... . . 968
Deposits in financial institutions.............................. 1085
MITCHELL COUNTY SCHOOL DISTRICT
Sales tax for educational purposes, proposed amendment to
the Constitution............................................ 2643
MOBILE HOMES
Uniform Standards Code amended................................. 1376
MOLENA, CITY OF
New charter..................................................... 4935
MONTGOMERY COUNTY
Board of commissioners, districts, etc.........................4115
MORGAN COUNTY
Board of commissioners, election districts ....................4184
Coroners salary.............................................. 3766
Small claims court Act amended . 3768
MOSS, C.L.
Parkway designated 5059
MOTOR CARRIERS
Defined 410, 827
MOTOR VEHICLE CERTIFICATE OF TITLE ACT
Amended 403, 1784
MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
Amended....................................................... 1751
MOTOR VEHICLE SAFETY WEEK
Designated.................................................... 1317
INDEX
5447
MOTOR VEHICLES
Amateur radio operator license plates 1075
Care owed passengers............................................... 1283
Insurance ......................................................... 1234
Insurance policies ................................................ 1624
License fees and tags 422
License plates, etc................................................ 1584
License plates for operators of citizens band radios 1118
Operators licenses for operators 16 or 17 years of age 1862
Purchase of license plates by mail . ... . 964
Registration by nonresidents........................................720
Removal of abandoned motor vehicles 1650
Special license plates for street rods............................. 2298
Speed limits in construction areas................................. 1290
Suspension of operators licenses ...... . 1601, 1633
Titles for rebuilt vehicles........................................1676
MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY
Bonds, proposed amendment to the Constitution...................... 2578
MOUNTAIN PARK, CITY OF
New charter ...................................................... 3648
MOUNTVILLE WATER AUTHORITY ACT
Enacted........................................................... 4452
MUNICIPAL BONDS
Interest rates, etc............................................... 1603
MUNICIPAL ELECTION CODE
Amended .......................................................... 1670
MUNICIPALITIES
Act providing benefits for certain officers and employees of
certain cities amended (more than 150,000) 3843
Authority to close streets in certain municipalities
(400,000 or more)............................................. 1177
Compensation of named officials of certain municipalities
(5,150-5,300)................................................. 4046
Grants ............................................................ 869
Street improvements in certain cities (600 or more) 502
MUSEUM OF ART *
State Museum of Art designated.................................... 1355
MUTUAL AID RESOURCE PACTS FOR FIRE PROTECTION ACT
Amended ........................................................... 955
5448
INDEX
N
NAMES
Use of surnames after marriage . 950
NATIONAL MOTTO
Display in classrooms.........................................913
NATURAL RESOURCES, DEPARTMENT OF
See also Game and Fish.
Game and Fish Code amended ............... 1729, 1771
NEWNAN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
NEWTON COUNTY
Homestead exemptions, proposed amendment to the Constitution 2640
Jurisdiction of probate court............................... 4441
Land conveyance.............................................. 1341
NOTARIES PUBLIC
Commissions, etc............................................ 1106
NURSES
Georgia Board of Nursing Act amended 2500
Licensure of practical nurses .............................. 2222
O
OCCUPATIONAL THERAPY LICENSING ACT
Amended..................................................... 2224
OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT
Amended 4568
OFFICIAL CODE OF GEORGIA ANNOTATED
Amended........................................................ 3
Distribution................................................. 793
Revision.................................................... 2107
OFFENDER REHABILITATION, BOARD OF
Detainers................................................... 1373
Responsibility for medical costs 1361
Reimbursement of costs to counties ....................... 1364
OPEN MEETINGS LAW
Amended..................................................... 1810
INDEX
5449
OPTOMETRY
Board of Examiners, Act amended............................ 1278
P
PARENTS
Cruel treatment of children ............................... 1369
PARENTS AND GUARDIANS
Liability for malicious acts of children .....................849
PAULDING COUNTY
Compensation of tax commissioner........................... 4232
Homestead exemption for educational purposes, proposed amendment
to the Constitution.................................... 2511
PEACE OFFICERS
Witness fees................................................ 982
PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT
Amended................................................ 2362, 2367
PEACE OFFICER STANDARDS AND TRAINING ACT
Amended.................................................... 2478
PELHAM INDEPENDENT SCHOOL DISTRICT
Sales tax for educational purposes, proposed amendment to
the Constitution ...................................... 2643
PERFORMANCE BONDS
Public contracts............................................ 686
PERRY REDEVELOPMENT AUTHORITY ACT
Repealed .................................................. 4448
PHARMACY
Practioner defined......................................... 1264
State Board of Pharmacy Act amended........................ 1156
PHYSICAL THERAPY
Georgia Physical Therapy Act amended ...................... 1416
PHYSICIANS
Affidavits and evaluations................................. 1221
Reports of certain physical injuries 1249
PHYSICIANS ASSISTANT ACT
Amended..................................................... ^48
5450
INDEX
PHYSICIANS AND PATIENTS
Release of information to Department of Human Resources 1077
PICKENS COUNTY
Compensation of clerk of superior court 4503
Compensation of county commissioner 4501
Compensation of judge of probate court 4506
Compensation of sheriff......................................... 4508
Compensation of tax commissioner................................ 4505
PIEDMONT JUDICIAL CIRCUIT
Judges compensation.............................................. 523
Judges supplement from Banks County 582
PIERCE COUNTY
School board and superintendent, referendum....................... 4649
School district homestead exemptions, proposed amendment to
the Constitution............................................. 2584
PIKE COUNTY
Compensation of clerk of superior court 4230
Compensation of probate court judge 4223
Compensation of tax commissioner 4225
Sheriffs compensation............................................ 4221
Small claims court Act amended................................... 4218
PINE LAKE, CITY OF
Homestead exemptions, proposed amendment to the Constitution 2590
PISTOLS
Crimes, concealed weapons, etc................................... 789
PODIATRY
Act regulating, amended 1621
POLK COUNTY
Compensation of board of commissioners 4216
Deputy sheriffs.................................................. 4668
Jurisdiction of justices of the peace, proposed amendment
to the Constitution.......................................... 2513
POLK COUNTY, STATE COURT OF
Abolished ......... 4537
POLYGRAPH EXAMINERS ACT
Amended
1582
INDEX
5451
POOLER, TOWN OF
Charter amended.................................................. 3872
PORT WENTWORTH, CITY OF
Corporate limits ................................................ 4445
POST MORTEM EXAMINATION ACT
Amended .....................................................718, 959
POULAN, CITY OF
Corporate limits ................................................ 4601
POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY
Powers, membership, etc., proposed amendment to the
Constitution................................................. 2505
PRACTICAL NURSES
Licensure........................................................ 2222
PRACTICE AND PROCEDURE
Affidavits of indigence, etc...................................... 933
Appointment of guardians ad litem ................................ 796
Attachment....................................................... 1578
Child support Recovery Act amended........................... 1204, 1207
Competency of spouse to testify as to adultery of other 1187
Consent judgments................................................ 1262
Depositions and discovery........................................ 2374
Dispossessory and distress warrant proceedings................... 1134
Dispossessory proceedings, etc................................... 1228
Effect of dismissal............................................... 284
Habeas corpus relief from court sentences......................... 786
Investigations in child custody cases ........................... 1189
Jurisdiction over controversies relating to legitimate children 1369
Limitations on firemens civil liability......................... 1150
Mechanics and Materialmens liens................................ U44
Notice to owners of tax executions................................ U4
Prevention of family violence.................................... 2300
PRECIOUS METALS
Act regulating dealers amended................................... 1504
PRETRIAL INTERVENTION PROGRAMS
Georgia Department of Labor ..................................... 1093
PROBATE COURTS
Appointment of guardians ad litem ................................ 796
Controversies relating to legitimate children.................... 1369
Courts of Inquiry, etc. .......................................... 45
5452
INDEX
PROBATE COURTS(Cont.)
Disposition of fines, etc. in certain counties (13,700-13,900)
(15,200-15,400)............................................. 4581
Executive Countil established................................... 1612
Fees in certain counties (25,400-25,900).......................... 552
Judges retirement.............................................. 2207
Judges salaries in certain counties (550,000 or more) 3626
Judges training.................................................. 682
Jurisdiction..................................................... 1502
Records ......................................................... 1617
Vacancies in office of judge in certain counties (160,000-169,000). 544, 4303
PROBATION
Certain counties to become a part of state-wide probation system
(550,000 or more)............................................ 5099
State-wide Probation Act amended................................... 1605, 2283
PROFESSIONAL ENGINEERS
Registration, etc.................................................. 2271, 2308
PROFESSIONAL ENGINEERING FIRMS
Registration, etc. .............................................. 2269
PROFESSIONAL FUND RAISING
Regulation........................................................ 922
PROFESSIONAL SANITARIANS
Act regulating, amended .......................................... 798
PROPERTY
Disposition of seized property, etc.............................. 2336
Sale or disposition of forfeited property........................ 2273
PSYCHOLOGISTS, APPLIED
Licensure........................................................ 1589
PUBLIC ACCOUNTANCY ACT OF 1977
Amended...........................................................1782
PUBLIC ASSISTANCE ACT OF 1965
Amended .......... 883, 1281
PUBLIC CONTRACTS
Performance bonds 686
PUBLIC DEFENDERS
Appointment, etc. 1181
INDEX
5453
PUBLIC EMPLOYEES
Leave to participate in blood donation 845
PUBLIC OFFICIALS
Recall procedures. ........ ............ 1653
PUBLIC RECORDS INSPECTION ACT
Amended 1789
PUBLIC SCHOOL EMPLOYEE
Defined............................................................. 896
PUBLIC REVENUE
See also Revenue
Ad valorem taxation, etc., prepayment agreements.................... 2382
Closing of tax books in certain counties (15,200-15,400) 999
Duties of tax collectors, etc. in certain counties (90,000-140,000)
(150,300-155,000)............................................... 996
Fees charged on tax executions ..................................... 1114
Fees for collecting school taxes in certain counties
(350,000-500,000)............................................... 1853
Homestead exemptions from ad valorem taxation 1108
Income tax credits, etc............................................. 2497
Motor vehicle license plates .......................... 422, 1075, 1118, 1584
Property tax exemptions from ad valorem taxation 1101
Sale, etc. of alcoholic beverages regulated......................... 1463
Special license plates for street rods.............................. 2298
Tax due dates in certain counties (250,000-400,000)................. 936
Tax executions...................................................... 847
Taxation on wineries ............................................... 1111
PUBLIC SERVICE COMMISSION
Cost of operating................................................... 1063
Director of utility finance section................................. 1174
Duties, powers, etc................................................. 412
Motor carrier defined .............................................. 827
PULASKI COUNTY
Election of members of board of education, proposed amendment
to the Constitution............................................. 2664
School superintendent, referendum 4638
PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY
Members............................................................. 4209
PUTNAM COUNTY
Coroners salary .........
Small claims court created
3844
3899, 4258
5454
INDEX
R
RABUN COUNTY
Compensation of tax commissioner 4293
Sales tax for educational purposes, proposed amendment to
the Constitution................................. 2522
RAILROADS
Special officers.............................................. 1183
REAL ESTATE
Georgia Land Sales Act of 1982................................ 1431
REAL ESTATE BROKERS AND SALESPERSONS
Licensing, etc................................................ 1001
REAL PROPERTY
Facade and conservation easements, etc........................ 1227
Transfers by corporations..................................... 1197
REBUILT VEHICLES
Titles ....................................................... 1676
RECORDERS COURTS
Judges in certain counties (180,000-190,000) 4500
RECORDS
Destruction by Department of Family and Children Services 881
First offenders............................................... 1807
Public Records Inspection Act amended 1789
REGISTER, TOWN OF
Incorporated.................................................. 3530
REGISTERED PROFESSIONAL SANITARIANS
Act regulating, amended 1644
RELIGIOUS HOLIDAYS
Merit system employees......................................... 986
RESIDENTIAL FINANCE AUTHORITY LAW
Amended.............................................. 1716, 1813, 2228
RETIREMENT
Pension system for employees, etc. of certain cities amended
(300,000 or more)..................................... 3887, 4385
INDEX
5455
REVENUE
See also Public Revenue.
Amateur radio operator motor vehicle license plates ...............1075
Homestead exemptions in certain counties (34,000-34,500) 531
Motor vehicle license plates for operators of citizens
band radios 1118
Public Revenue Code amended as to certain counties
(63,000-72,000) 575
Purchase of motor vehicle license plates by mail 964
Quarterly billing of ad valorem taxes in certain counties
(100,000-150,000)............................................... 595
Registration of motor vehicles by nonresidents...................... 720
Tax due dates in certain counties (250,000-400,000 ................. 936
Tax executions 847
Tax returns in certain counties (25,100-25,400)..................... 537
REVENUE SHORTFALL RESERVE ACT
Amended ............................................................ 1288
RICHMOND COUNTY
Compensation of named officials.................................... 3941
Merit system for sheriffs employees, proposed amendment to
the Constitution............................................... 2639
RICHMOND COUNTY, CIVIL COURT OF
Costs, etc. ....................................................... 3738
RICHMOND COUNTY MERIT SYSTEM ADVISORY COMMISSION
Created 5070
RINCON, TOWN OF
Vacancies in office of mayor or councilperson 3935
RIVERDALE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
ROCKDALE COUNTY
Board of commissioners, compensation ............................. 4845
Clerk of superior court, compensation.............................. 4847
Coroner's compensation........................................... 4843
Magistrates Court... 4040
Probate court judges compensation 4839
Public defenders compensation..................................... 4867
Sheriffs compensation.............................................. 4841
Tax commissioners compensation.................................... 4837
ROCKDALE JUDICIAL CIRCUIT
Created 439
ROME, CITY OF
Cornorate limits................................................... 4022
5456
INDEX
ROME JUDICIAL CIRCUIT
Additional judge..............................................501
Grand jury.................................................. 534
ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION
Memorial to Franklin Delano Roosevelt ........................ 1323
ROSWELL, CITY OF
Corporate limits.............................................. 3678
S
SAFE DAMS
Georgia Safe Dams Act of 1978 amended 2339
SAFETY FIRE COMMISSIONER
Enforcement of fire safety standards, etc.....................479
ST. MARYS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
SALKIN, MRS. DORA
Compensation for damages 5062
SANITARIANS
Act regulating professional sanitarians amended 1644
SAVANNAH, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
City-County school system, districts......................... 4139
SAVANNAH PORT AUTHORITY
Cost of project defined 993
SAVANNAH RIVER
Upper Savannah River Development Authority Act 2076
SAVINGS AND LOAN ASSOCIATIONS
Branches, etc................................................. 1 '* 1
Reports of certain currency transactions 2219
SCHLEY COUNTY
Justices of the peace, proposed amendment to the Constitution 2598
SCHOOL FINANCE STUDY COMMISSION
Created
1311
INDEX
5457
SCHOOL TAXES
Fees for collecting in certain counties (350,000-500,000)....... 1853
SCREVEN COUNTY
Ad valorem tax exemptions, proposed amendment to the Constitution. 2635
SECONDARY SECURITY DEEDS
Interest, etc. 488
SECURITIES
Transactional exemptions ........................................ 1178
SECURITY AGREEMENTS
Releases by corporations 1197
SELF-SERVICE STORAGE
Georgia Self-service Storage Facility Act....................... 2286
SEMINOLE COUNTY
Compensation of clerk of superior court.......................... 3848
Sheriffs compensation............................................ 4665
SENATORIAL DISTRICTS
Amended.......................................................... 444
SENTENCE REVIEW
Sentence review panels, etc...................................... 1271
SERVICES FOR THE AGED
Study committees................................................. 1342
SHERIFFS
Bonds of deputy sheriffs......................................... 1779
Cash bonds in certain counties (400,000 or more)................. 991
Compensation in certain counties (14,000-15,000)
(18,000-18,100)..............................................4615
Compensation in certain counties (190,000-210,000) 4382
Fees............................................................. 1659
Investigations, suspensions, etc. 425
Minimum salaries ................................................ 1267
Notice to owners of tax executions............................... 1184
SHERIFFS RETIREMENT FUND OF GEORGIA ACT
Amended .... 925, 1060, 1607
SIKES, MS. LINDA A.
Compensation for damages......................................... 5063
5458
INDEX
SMALL CLAIMS COURTS
See also named county.
Act creating in certain counties amended (7,500-7,900)....... 4309
Act creating in certain counties amended (19,500-19,700)
(20,900-21,200)........................................... 4427
GEO. L. SMITH II WORLD CONGRESS CENTER
Act amended.................................................. 1122
SOUTH COBB DEVELOPMENT AUTHORITY ACT
Enacted...................................................... 3772
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGE-
MENT COMPACT
Enacted...................................................... 2389
SOUTHWESTERN JUDICIAL CIRCUIT
Terms in Sumter County........................................ 546
SOVEREIGN IMMUNITY
Actions ex contractu.......................................... 495
Defined, etc., proposed amendment to the Constitution 2546
SPALDING COUNTY
Election of members of Griffin-Spalding County Board of Education,
proposed amendment to the Constitution.................... 2680
Sales tax to finance public facilities, etc., proposed amendment
to the Constitution......................................... 2677
Small claims court Act amended............................... 4864
SPALDING COUNTY WATER AND SEWERAGE AUTHORITY ACT
Enacted........................................................ 4987
SPORTS HALL OF FAME
Act amended.................................................... 1153
STATE BOARD FOR CERTIFICATION OF LIBRARIANS
Act amended 1493
STATE BOARD OF OFFENDER REHABILITATION
Detainers...................................................... 1373
Responsibility for medical costs............................... 1361
STATE BOARD OF PHARMACY ACT
Amended ....................................... 1156, 1264
STATE BOARD OF PODIATRY EXAMINERS
Act amended.................................................... 1621
INDEX
5459
STATE BOARD OF REGISTRATION OF USED CAR DEALERS
Amended 834
STATE BUILDING ADMINISTRATIVE BOARD
Functions transferred, etc................................... 698
STATE COURTS
See also named courts.
Clerks compensation ...................................... 1180
Retried judges may perform marriage ceremonies . . . . . . . 1287
Terms in certain counties (350,000-500,000)................... 518
STATE EMPLOYEES
Religious holidays ........................................... 986
STATE EMPLOYEES HEALTH BENEFIT PLAN
Funding...................................................... 1325
STATE FIRE MARSHAL
Reports of arson, etc......................................... 792
STATE MUSEUM OF ART OF STATE OF GEORGIA
Designated................................................... 1355
STATE PERSONNEL BOARD
Adverse actions, appeals, etc................................ 1245
Employee charitable, etc. contributions...................... 2274
Positions excluded from classified service................... 1251
Public school employee defined, etc........................... 896
STATE PROPERTIES COMMISSION
Authority, etc................................................ 857
STATE SENATORIAL DISTRICTS
Act amended................................................... 444
STATE-WIDE FIRE PROTECTION STUDY COMMITTEE
Extended, etc................................................ 1348
STATE-WIDE PROBATION ACT
Amended ........... 1097, 1605, 2283
STATE-WIDE PROBATION SYSTEM
Certain county system to become a part of state-wide system
(550,000 or more).........................................5099
J. P. STEVENS & CO., INC.
Land conveyance.............................................. 1305
5460
INDEX
STEWART COUNTY
Compensation of county commissioner.......................... 3890
Compensation of deputy sheriff............................... 4512
STONE MOUNTAIN JUDICIAL CIRCUIT
Rockdale Circuit created ..................................... 439
STONE MOUNTAIN MEMORIAL ASSOCIATION ACT
Amended 1864
Sale of alcoholic beverages .................................. 804
STORAGE
Georgia Self-service Storage Facility Act 2286
STREET RODS
Special license plates, etc.................................. 2298
STUDENT FINANCE AUTHORITY
Amended ..................................... 1699, 1860
SUBPOENAS
Witness fees for peace officers............................... 982
SUMTER COUNTY
Sheriffs salary............................................. 3612
Small claims court Act amended............................... 3919
Superior Court terms.......................................... 546
Tax commissioners salary.................................... 3614
SUPERIOR COURT CLERKS
Compensation 1180
Fees for filing financing statements.......................... 879
Storage of records in certain counties (550,000 or more)..... 3851
Vacancies..................................................... 877
SUPERIOR COURT CLERKS RETIREMENT SYSTEM ACT
Amended 1273
SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT
Amended 497, 1568
SUPERIOR COURTS
Judges secretaries I486
SUPPLEMENTARY APPROPRIATIONS ACT
Enacted
2A, 150, 486
INDEX
5461
SUPREME COURT
Court costs, affidavits of indigence. 1186
SUPREME COURT REPORTS
Publication 892
SURNAMES
Use after marriage.......................................... 950
T
TAX COLLECTORS
Compensation.................................................... 2244
Duties, etc. in certain counties (90,000-140,000)
(150,300-155,000)........................................... 996
TAX COMMISSIONERS
Compensation ................................................... 2244
Compensation in certain counties (190,000-210,000).............. 4382
Vacancies in certain counties (160,000-169,000)................. 543
TAX EXECUTIONS
Fees. 1114
Interest, etc................................................... 847
Notice to owners................................................ 1184
TAYLOR COUNTY
Probate court personnel......................................... 4621
Superior court clerks personnel................................ 4623
Superior court terms............................................ 536
TEACHERS
Grounds for terminating contracts, etc.......................... 2188
TEACHERS RETIREMENT SYSTEM ACT
Amended .................965, 975, 978, 1095, 1192, 1610
TELFAIR COUNTY
Board of education, terms, vacancies, etc....................... 3854
TENNILLE, CITY OF
Corporate limits................................................ 4101
TERRELL COUNTY
Small claims court Act amended................................. 3913
Tax commissioners compensation................................ 4443
5462
INDEX
THEFT
Punishment for crimes.......................................... 1371
THOMASTON, CITY OF
City-county board of tax assessors Act amended 4228
THOMASTON-UPSON COUNTY INDUSTRIAL AUTHORITY
Projects, proposed amendment to the Constitution .......... 2607
THUNDERBOLT, TOWN OF
Corporate limits, referendum................................... 4295
TIDWELL, JAMES E.
Land conveyance................................................ 1336
TIFT COUNTY
Charter commission, proposed amendment to the Constitution 2557
TIFTON, CITY OF
Charter commission, proposed amendment to the Constitution..... 2557
TIMBER
Proceeds of sales from military installations................... 853
TORTS
Care owed passengers by operators of motor vehicles 1283
Compressed gases .............................................. 2211
Immunity of school personnel from civil liability 2495
TOWNS COUNTY
Sales tax for educational purposes, proposed amendment
to the Constitution........................................ 2540
TRACTORS AND FARM EQUIPMENT
Transactions, titles, etc................................. 1753, 1791
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT
Amended......................................................... 961
TRION, CITY OF
Sales tax for educational purposes, proposed amendment
to the Constitution........................................ 2675
TROUP COUNTY
Coroners compensation......................................... 4348
Mountville Water Authority Act................................. 4452
Salaries of named officials.................................... 4342
Small claims court Act amended................................. 4345
TROUP COUNTY, STATE COURT OF
~ impensation of judge and solicitor......................
INDEX
5463
TUCKER, ROBERT
Compensation for damages 5056
TWIGGS COUNTY
Compensation of board of commissioners ...... ... 3689
Compensation of clerk of superior court, etc................... 3680
Compensation of judge of probate court, etc.................... 3696
Compensation of tax commissioner, etc.......................... 3692
Election of board of commissioners, etc........................ 3632
Election of members of board of education, referendum ......... 3627
Sheriffs compensation, etc..................................... 3684
TWIN CITY, CITY OF
Charter amended ............................................... 4520
TYBEE ISLAND, CITY OF
Corporate limits............................................... 4188
TYRONE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
U
UNCLAIMED PROPERTY
Disposition of Unclaimed Property Act amended.................. 1787
UNDERGROUND GAS PIPES
Blasting, etc. near .............................. 1577
UNIFORM STANDARDS CODE FOR MOBILE HOMES
Amended........................................................ 1376
UNION CAMP CORPORATION
Mineral lease ................................................. 1328
UNION CITY, CITY OF
Homestead exemptions, proposed amendment to the Constitution... 2597
New charter ................................................. 4676
UNION COUNTY
Clerk of superior court placed on salary basis 3568
Judge of probate court placed on salary basis.................. 3573
Sales tax for educational purposes, proposed amendment to the
Constitution............................................... 2507
Sheriff placed on salary basis................................. 3575
Tax commissioner placed on salary basis 3564
UNITED STATES
Jurisdiction over land ceded to or acquired by United States 1867
5464
INDEX
UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY ACT
Enacted 2076
UPSON COUNTY
City-county board of tax assessors Act amended. 4228
Compensation of board of commissioners............ 4616
Thomaston-Upson County Industrial Authority, proposed amendment
to the Constitution...................................... 2607
USED CAR DEALERS
Board of Registration Act, amended........................... 834
USURY
Interest on unpaid interest.................................. 420
V
VALDOSTA, CITY OF
Central Valdosta Development Authority Act amended .......... 4310
Charter amended.............................................. 3954
VETERANS
Reports, etc. of exposure to agent orange......... 2321
VETERINARY MEDICINE
Board of Veterinary Medicine Act amended..................... 1065
VITAL RECORDS
Georgia Health Code amended.................................. 723
VOCATIONAL REHABILITATION
Division of Department of Human Resources, name changed 833
VOTER REGISTRATION
Election Code amended........................................ 1512
Places for registration...................................... 442
W
WALKER COUNTY
Employees of clerk of superior court....................... 4421
Hospital authority Act amended, members 4531
Small claims court created................................... 4926
WALTON COUNTY
Business licenses, proposed amendment to the Constitution 2655
Small claims court Act amended............................... 4575
INDEX
5465
WARE COUNTY
County manager, proposed amendment to the Constitution........ 2563
WARREN COUNTY
Compensation of board of commissioners........................ 4515
Compensation of deputy clerk of superior court................ 4061
Compensation of tax commissioners employees ........... 4214
WASHINGTON COUNTY
Compensation of commissioners, purchases, etc................. 4134
WASHINGTON COUNTY, STATE COURT OF
Compensation of judge and solicitor........................... 4103
WATER
Georgia Water Quality Control Act............................. 2304
Ground Water Use Act of 1972 amended............................ 2306
WAYCROSS, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Land conveyance, referendum .................................... 4611
WAYCROSS PUBLIC FACILITIES AUTHORITY ACT
Repealed 3925
WAYNE COUNTY
Board of commissioners, referendum.............................. 4717
Election of board of commissioners, referendum.................. 3789
WEBSTER COUNTY
Commissioners expenses......................................... 3892
Compensation of tax commissioner, etc. ......................... 3894
WHEELER COUNTY
Board of education, referendum 4126
Employees of clerk of superior court ........................... 4120
Sheriffs employees.............................................. 4122
Tax commissioners compensation................................. 4124
Tax commissioners employees.................................... 4118
WHITFIELD COUNTY
Compensation of clerk of superior court and judge of
probate court . 4288
Coroners compensation.......................................... 4291
Homestead exemptions, proposed amendment to the Constitution 2576
Judge of superior court to sit as juvenile court judge 509
Merit system of personnel administration, proposed amendment
to the Constitution......................................... 2595
5466
INDEX
WILCOX COUNTY
Sheriffs salary 3590
WINERIES
Taxation................................................... 1111
WIRETAPPING, ETC.
Surveillance devices, etc................................... 2319
WITNESS FEES
Peace officers ............................................. 982
WORKERS COMPENSATION ACT
Amended............................................... 2360, 2485
WORKERS COMPENSATION
Insurance.................................................. 644
WORLD CONGRESS CENTER
Geo. L. Smith II World Congress Center Act amended ......... 1122
WORLD FEDERATION RESOLUTION OF 1946
Repealed ................................................... 1321
WORTH COUNTY
Board of commissioners, referendum..........................3715
INDEX
5467
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
1980
15,565
6,141
9,379
3,808
34,686
8,702
21,293
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
21,732
21,856
51,699
74,498
3,553
150,357
6,660
297,694
26,894
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
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
22,327
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
4,543
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
4,551
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
75,680
16,741
13,161
1950
14,003
7,362
8,940
6,962
29,706
6,936
13,116
27,370
14,879
13,966
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
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
136,395
17,865
14,159
43,617
12,173
17,413
19U0
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
9,433
11,919
26,972
7,128
17,540
5,894
4,479
22,234
86,942
21,022
16,886
28,665
10,063
18,679
1930
13,314
6.894
7,065
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
9,346
10,576
6,338
9,903
8,991
34.272
9,421
4,381
105,431
8,894
15.407
20,003
25,613
6,943
10,260
7,015
35.408
19,739
30.622
8,793
11,311
26,127
7,020
17,343
4,146
3,602
23.622
70,278
21,599
18,025
22,306
9,461
18.273
5468
INDEX
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
Mad ison
Marion
Meriwether
I
I
I
1980 |
2,297 |
18,327 |
18,758
20,795
8,428 |
I
14,748 |
29,043 |
79,800 i
27,958 |
15,185 |
589,904 i
11,110
2,382 I
54,981 I
30,070 I
I
19,845 |
11,391
166,903 I
25,020 i
75,649 I
I
9,466 |
18,422 |
15,464 |
18,585 I
6,520 I
I
36,309 I
77,605 I
8,988 I
25,343 I
7,553 I
I
11,473 !
18,403 I
8,841 I
8,660
16,579 I
I
12,215 I
5,654 I
36,990 I
11,684 I
37,583 I
I
6,949
4,524 |
67,972 |
10,762 |
18,546 I
8,046 |
14,003 |
17,747 I
5,297 I
21,229 |
1970 \
1,924 |
13,632 [
17,262 |
18.357 j
7,290 |
13.357 |
11,364 |
73,742 |
16,928 |
12,784 |
605,210 I
8,956 |
2,280 |
50,528 |
23,570 |
17,826 !
10,212 |
72,349 I
20,691 I
59,405 |
9,019 I
15,927 I
11,520 I
15,814 I
5,354 I
23,724 I
62,924 I
8,036 I
21,093 I
5,760 I
9,425 I
17,174 I
8,332 I
7.727 I
12,270 i
10,688 I
5,031 I
32,738 I
7,044 |
17,569 |
5,895 I
3,746 |
55,112 |
8.728 |
15,276 |
7,371 |
12,933 !
13,517 |
5,099 |
19,461 |
1960
1,876
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 I
8,468 |
10,240 |
5,097 |
32,313 j
6,204 |
14,487 |
5,906 |
3,874 |
49,270 i
7,241 |
12,627 |
6,364 |
13.170 |
11,246 |
5,477 |
19,766 |
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 i
11,052 |
14,663 |
11,265 |
14,495 I
6,975 |
15,867 |
20,964 |
11,973 |
18,997 |
7,473 |
9,299 |
18,855 |
10,264 |
9,893 I
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 |
191,0
2,964
9,646
19,618
23,517
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
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
12,963
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
22,055
1930
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
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
INDEX
I 1980
7,038
I
21,114
14,610
| 7,011
I
11,572
19,685
I 170,108
34,439
| 12,427
1 8,929
i 26,042
19,151
11,652
11,897
|
j 8,937
! 32,386
I 8,950
10,295
I 2,357
! 10,466
9,599
1 181,629
36,747
3,433
14,043
I 9,057
47,899
21,763
5,896
29,360
6,534
2,032
18,134
7,902
I
11,445
12,017
38,098
| 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
l 15,990
9,620
! 9,281
I 7,316
i 29,656
8,066
i 8,394
I 2,180
|
i 8,327
i 8,734
I 162,437
I 18,152
I 3,097
i 12,591
7.059
39,514
I 20,331
I 6.511
I 26,931
1 6,625
2,423
16.557
I 7,865
I 11.394
j 11,416
| 34,562
| 27,288
j 19,151
| 4,565
| 5,647
| 44,466
1 8,790
| 8,222
6,811
23,505
50,691
| 23,404
| 33,525
1960 j
6,908 I
I
19.652 |
10,495 |
6,284 |
10,280 |
10,447 |
158,623
20,999 |
6,304 |
7,926
13,101
13,846 |
8,903 j
9,678 |
7,138 i
28,015 |
8,204 j
7,798 j
2,432 |
7,456 |
11,078 j
135,601 i
10,572 |
3,256 !
14,919 |
6,802 j
35,404
18,391 |
7,371 |
!
24.652 j
7,127 |
3,370 |
15.837 |
8,311 |
I
11,715 |
12,742 |
34,319 I
23,487 |
16.837 j
4,538 ]
5,874 i
47,189 !
8,439 |
7,935 |
6,510 |
23,800 i
45.264 |
20,481 |
34,219 I
1950 |
9,023 |
22,528 l
10,523 |
7,901 |
11,899 1
10,676 |
118,028 i
20,185 |
7,009 [
9,958 |
11,752 ;
11,705 |
8,855 ]
11,112 |
i
8,459
30,976 |
8,808 j
7,731 j
3,015 |
I
7,424 ]
13,804 j
108,876 |
8,464 j
4,036 !
18,000 I
7,904 j
31,045
16,647 I
9,194 j
I
24,208 I
7,G87 |
4,515 '
15,939
9,113
!
13,221 j
14,314 |
33,932 |
22,645
17,382 I
I
4,803 |
6,522 |
49,841 I
10,479 |
8,308 I
7,318 |
25,078 |
38,198 |
20,230 |
30,289 |
19U0
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
5469
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
16,411
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
5470
INDEX
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
6,669
17,480 1
17,858
2,362
4,596 i
I
7,742 |
55,108 ;
6,998 !
10,184
9,393 i
14,770 |
1960
7,360
18,903
17,921
3,247
5,342
6,935
42,109
7,905 |
10,961 !
9,250
16,682
1950 |
8,779 |
21,012 |
14,248 |
4,081 |
6,712 |
I
5,951 |
34,432 |
10,167 |
12,388 |
9,781 |
19,357 |
191,0 |
10,236 I
24,230
13,122 |
4,726 |
8,536 |
I
6,417 I
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
[5,464,265 4,589,575 j 3,943,116 ! 3,444,578 | 3,123,723 ! 2,908,506
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
County Population
Taliaferro.................. 2,032
Echols 2,297
Webster 2,341
Quitman 2,357
Glascock 2,382
Schley...................... 3,433
Clay ....................... 3,553
Baker 3,808
Long 4,524
Dawson 4,774
Wheeler 5,155
Marion 5,297
Towns 5,638
Lanier 5,654
Calhoun 5,717
Stewart 5,896
Treutlen 6,087
Atkinson 6,141
Heard 6,520
Talbot 6,534
Warren 6,583
Clinch 6,660
Lincoln 6,949
Montgomery 7,011
Miller 7,038
Charlton 7,343
Candler 7,518
Jasper 7,553
Wilcox 7,682
Crawford 7,684
Taylor...................... 7,902
McIntosh.................... 8,046
Evans 8,428
Johnson 8,660
Brantley 8,701
Banks 8,702
Jenkins 8,841
Oglethorpe 8,929
Pike 8,937
Pulaski 8,950
Irwin 8,988
Seminole.................... 9,057
County Population
Twiggs 9,354
Bacon 9,379
Union 9,390
Hancock 9,466
Turner 9,510
Randolph 9,599
White . . 10,120
Bryan 10,175
Putnam 10,295
Wilkinson 10,368
Rabun 10,466
Lumpkin 10,762
Bleckley 10,767
Dooly 10,826
Wilkes 10,951
Gilmer 11,110
Greene 11,391
Telfair 11,445
Jeff Davis.................. 11,473
Morgan 11,572
Pickens 11,652
Lee 11,684
Pierce 11,897
Terrell 12,017
Lamar 12,215
Dade 12,318
Oconee 12,427
Early 13,158
Camden 13,371
Cook 13,490
Berrien 13,525
Butts 13,665
Macon 14,003
Screven 14,043
Monroe 14,610
Fannin 14,748
Franklin 15,186
Brooks 15,255
Harris 15,464
Appling 15,565
Ben Hill 16,000
Jones 16,579
INDEX
5471
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
5472
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA STATE SENATE
COUNTY
Senatorial
District
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow'
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd________
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
J ackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Mad ison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Senatorial
District
49, 5F
47
34-40, 56
50
21
3, 6
51
10
24
48
50
49
25
31
29
47
29
17, 28
18
13
46, 49
25
19
21
21
20
25
17
7
20
14
3
24
3, 6
8
50
14, 18
24, 47
14
24
3
29
11
9
27
20
25, 45
54
15, 16
45
46
24
31, 56
18
51
7
17
MEMBERS OF THE GENERAL ASSEMBLY
5473
GEORGIA STATE SENATE
C o u n ty
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
County
Senatorial
District
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
W arren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
5474
MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1980-1981
District
Name
Address
22 Thomas 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
5 Robert H. (Bob) Bell 2535 Henderson Mill Rd. N.E., Atlanta 30345
39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310
13 Rooney 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
3 Glenn E. Bryant P.O. Box 585, Hinesville 31313
28 Kyle 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
26 Richard L. Greene Suite 517, First National Bank Bldg.,
Macon 31202
29 Render Hill P.O. Box 246, Greenville 30222
12A1 Holloway P.O. Box 588, Albany 31702
17Janice S. Horton 430 Burke Circle, McDonough 30253
42 Pierre Howard 1105 H Clairmont Ave., Decatur 30030
15 Floyd Hudgins..................... P.O. Box 12127, Columbus 31907
35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354
4 Joseph E. Kennedy ...................... P.O. Box 246, Claxton 30417
25Culver Kidd P.O. Box 370, Milledgeville 31061
16 Ted J. Land 3736 Woodruff Rd., Columbus 31904
23 Jimmy Lester First Federal Savings Bldg., 985 Broad St.,
Augusta 30902
6 Bill Littlefield P.O. Box 833, Brunswick 31520
24 Sam P. McGill P.O. Box 520, Washington 30673
14 LewiB H. (Bud) McKenzie P.O. Box 565, Montezuma 31063
48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245
27 Lee Robinson 864 Winchester Circle, Macon 31210
43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034
44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050
36 Jack L. Stephens 2484 Macon Dr. S.E., Atlanta 30315
MEMBERS OF THE GENERAL ASSEMBLY 5475
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
5476
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1980-81
District
Name
Address
............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
1 J. Tom Coleman, Jr.
2 Charles Henry Weasels
3 Glenn E. Bryant
4 Joseph E. Kennedy
5 Robert H. (Bob) Bell
6 Bill Littlefield
7 Frank Eldridge, Jr.
8 Loyce W. Turner........................ P.O. Box 157, Valdosta 31601
9 Franklin Sutton Route 1, Norman Park 31771
10 Paul Trulock...........................P.O. Box 68, Climax 31734
11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723
12 A1 Holloway..............................P.O. Box 588, Albany 31702
13 Rooney L. Bowen P.O. Box 417, Vienna 31092
14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063
15 Floyd Hudgins.................. P.O. Box 12127, Columbus 31907
16 Ted J. Land 3736 Woodruff Rd., Columbus 31904
17 Janice S. Horton................. 430 Burke Circle, McDonough 30253
18 Ed Barker P.O. Box KK, Warner Robins 31099
19 Ronnie Walker ...........................P.O. Box 461, McRae 31055
20 Hugh Marion Gillis P.O. Box 148, Soperton 30457
21 Bill English P.O. Box 521, Swainsboro 30401
22 Thomas F. Allgood..............712 Montrose Ct., Augusta 30904
23 Jimmy Lester...............First Federal Savings Bldg. 985 Broad St.,
Augusta 30902
24 Sam P. McGill P.O. Box 520, Washington 30673
25 Culver Kidd......................P.O. Box 370, Milledgeville 31061
26 Richard L. Greene........... Suite 517, First National Bank Bldg.,
Macon 31201
27 Lee Robinson 864 Winchester Circle, Macon 31210
28 Kyle Trueman Cobb P.O. Box 1010, Griffin 30224
29 Render Hill
30 Wayne Garner
31 Nathan Dean
32 Joe Thompson
33 Roy E. Barnes
34 Bev Engram
35 Perry J. Hudson
36 Jack L. Stephens
37 Todd Evans
38 Horace E. Tate
39 Julian Bond
40 Paul Douglas Coverdell
41 James W. (Jim) Tysinger
42 Pierre Howard
43 Thomas R. (Tom) Scott
44 Terrell Starr
45 W. D. (Don) Ballard
P.O. Box 246, Greenville 30222
Route 9, Chapel Heights, Carrollton 30117
P.O. Box 606, Rockmart 30153
P.O. Box 1045, Smyrna 30080
639 Maran Lane, Mableton 30059
749 Pinehurst Dr., P.O. Box 431, Fairburn 30213
3380 Old Jonesboro Rd., Hapeville 30354
2484 Macon Dr. S.E., Atlanta 30315
P.O. Box 8276; Station F, Atlanta 30306
621 Lilia Dr. S.W., Atlanta 30310
361 Westview Dr. S.W., Atlanta 30310
2015 Peachtree Rd. N.E., Atlanta 30309
3781 Watkins Place N.E., Atlanta 30319
1105-H Clairmont Ave., Decatur 30030
2887 Alameda Trail, Decatur 30034
4766 Tanglewood Lane, Forest Park 30050
1122 Monticello St., Covington 30209
MEMBERS OF THE GENERAL ASSEMBLY
5477
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
5478
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA HOUSE OF REPRESENTATIVES
County
Houst
District
Appling
Atk inson
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
Cherok ee
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
160
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
162
107
66
2,3
151
122-129
110, 111
5
8
62, 63, 64
130
72
150
19,20,21
137.152
144, 145
77
146
67, 68, 71
98
135,136
1, 5
8
141
44-58
118
135
131-134
65, 66
140
147
129
13
106, 107
107
4
71,72
14, 15,16
_ County
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
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
House
District
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
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA HOUSE OF REPRESENTATIVES
5479
County
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Sthepens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
House
District
16, IT
117
109
111
4
130
84-90
57
115
81, 82
140, 141
71
10
111
111,116 |
70
76
107,121
| 110 I
118,138 |
130 j
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
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 |
House
County District
120.12!
4
5480
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1980-81
District
56-Post 2
36
14
79
21-Post 1
8-Post 3 .
63
154
140
83
108
28
148
72-Post 2
38
103
94
30
137
70
34
95
Representative
Betty Aaron..............
G, D. Adams..............
John Adams...............
Marvin Adams
Fred Aiken
Wendell T. Anderson
Bob Argo
Dean A. Auten
Ralph J. Balkcom
Emory E. Bargeron
Wilbur E. Baugh
Alveda King Beal
James M. Beck
Jimmy Benefield
Lorenzo Benn
Kenneth Wilson Birdsong
Sanford D. Bishop, Jr.
Paul Bolster
Paul S. Branch, Jr.
Claude A. Bray, Jr.
Tyrone Brooks .....
Thomas B. Buck, III
Address
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
RFD 4
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
MEMBERS OF THE GENERAL ASSEMBLY
5481
21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A
Marietta 30065
47 Joe Burton 2598 Woodwardia Rd.
N.E., Atlanta 30345
138-Post 2 Roger C. Byrd 302 N. Rogers St.
Hazlehurst 31539
96 Gary C. Cason 3128 College Dr.
Columbus 31907
111 Don Castleberry P.O. Box 377
Richland 31825
73 G. Richard Chamberlin
131 Tommy Chambliss
129 George A. Chance, Jr.
89 Donald E. (Don) Cheeks
15 E. M. (Buddy) Childers
51 Mrs. Mobley (Peggy) Childs
55 Betty J. Clark
13-Post 1 Louie Max Clark
23 Luther S. Colbert
118 Terry L. Coleman
144 Marcus E. Collins, Sr.
4-Post 1 Carlton H. Colwell
87 Jack Connell
43-Post 1 Barbara H. Couch
141 Walter E. Cox
5 John G. Crawford
150 Tom Crosby, Jr.
98 Bryant Culpepper
17 Bill Cummings
19-Post 3 George W. (Buddy) Darden
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.
Way cross 31501
P.O. Box 490
Fort Valley 31030
Route 1, 508 Morgan
Valley Rd.
Rockmart 30153
P.O. Box 997
Marietta 30061
33
J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
99
45
124
29
85
151
74
11
110
49
84
22
71-
6-
27
97
122
32
82
43
80
31
MEMBERS OF THE GENERAL ASSEMBLY
Burl Davis
J. Max Davis
Lamar W. Davis, Jr.
Douglas C. Dean
R. A. Dent
Harry Dixon
Denny M. Dobbs
Bill Dover
Ward Edwards
Ewell H. (Hank) Lllliott
Warren D. Evans
Mrs. Dorothy Felton
James R. (Jim) Fortune, Jr.
R. L. (Shorty) Foster
Cynthia Fuller
Mary Jane Galer
Ronald E. (Ron) Ginsberg
Mildred Glover
John F. Godbee
John W. Greer
Benson Ham
Mrs. Grace T. Hamilton
Bob Hanner
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
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
MEMBERS OF THE GENERAL ASSEMBLY
5483
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 Ren D. Kemp
65 Thomas (Mac) Kilgore
112 E. Roy Lambert
40 Dick Lane
81 Bob Lane
9 Post 2 Bobby Lawson
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.
Blast Point 30344
105 Wilton Dr.
Statesboro 30458
, P.O. Box 53
Gainesville 30503
5484
MEMBERS OF THE GENERAL ASSEMBLY
72-Post 1
62
142
105
43-Post 2
102
56-Post 1
13-Post 3
26
60
145
134
12
35
107
13-Post 2
138-Post 1
152-Post 1
71-Post 2
69
18
88
20-Post 3
121
86
109
149
Wm. J. (Bill) Lee
Hugh Logan
Bobby Long
Jimmy Lord
Bettye Lowe
David E. Lucas
Wm. C. (Bill) Mangum, Jr.
Charles C. Mann
Sidney J. Marcus
Charles Martin
Hugh D. Matthews
T. Hayward (Mac) McCollum
Lauren (Bubba) McDonald, Jr.
J. E. (Billy) McKinney
John David Miles
Billy Milford
Lundsford Moody
James C. Moore
John L. Mostiler
Edwin G. (Ed) Mullinax
Thomas B. Murphy
Sam Nicholson
Ken Nix
Clinton Oliver
Mike Padgett
Bobby E. Parham
Robert L. (Bob) Patten
5325 Hillside Dr.
Forest Park 30050
1328 Prince Ave.
Athens 30601
6th St., N.W.
Cairo 31728
P.O. Box 254
Sandersville 31082
591 W. Paces Ferry Rd.
N.W., Atlanta 30305
448 Woolfolk St.
Macon 31201
4320 Pleasant Forest Dr.
Decatur 30034
238 Elbert St.
Elberton 30635
845 Canterbury Rd., N.E.
Atlanta 30324
470 Hill St.
Buford 30518
Route 1, Box 913
Moultrie 31768
5608 Spring Flats Rd.
Albany 31705
Route 2, Box 408-A
Commerce 30529
765 Shorter Terrace
N.W., Atlanta 30318
P.O. Box 345
Metter 30439
Route 3
Hartwell 30643
P.O. Box 32
Baxley 31513
Route 2
West Green 31567
150 Meadovista Dr.
Griffin 30223
P.O. Drawer 1649
LaGrange 30241
P.O. Box 163
Bremen 30110
1762 Davidson Di.
Augusta 30904
3878 Manson Ave.
Smyrna 30080
P.O. Box 237
Glennville 30427
Route 1, Box 5
Augusta 30906
P.O. Box 606
Milledgeville 31061
Route 1, Box 180
Lakeland 31635
MEMBERS OF THE GENERAL ASSEMBLY
5485
146-Post 1 Edmond Lewis Perry Route 2
Adel Rd.
Nashville 31639
2 Robert G. (Bob) Peters P.O. Box 550
Ringgold 30736
125 Bobby Phillips 9219 Melody Dr.
Savannah 31406
120 L. L. (Pete) Phillips Box 166
Soperton 30457
59 R. T. (Tom) Phillips 1703 Pounds Rd.
(Mountain Park,
Gwinnett Co.)
Stone Mountain 30087
91 W. Randolph (Randy) Phillips Route 1
Shiloh 31826
41 Greg Pilewicz 2307 Plantation Dr.
East Point 30344
100 Frank C. Pinkston 773 Mulberry St.
Macon 31201
135 Howard H. Rainey 913 Third Ave. E.
Cordele 31015
7 Ernest Ralston P.O. Box 623
Calhoun 30701
3 Thomas P. (Tom) Ramsey III P.O. Box 1130
Chatsworth 30705
101 William C. (Billy) Randall P.O. Box 121
Macon 31202
147 Henry L. Reaves Route 2
Quitman 31643
52 Eleanor L. Richardson 755 Park Lane
Decatur 30033
58 Cas M. Robinson 4720 Fellswood Dr.
Stone Mountain 30083
93 Charles P. Rose 3821 Commander Dr.
Columbus 31903
76 Ben Barron Ross P.O. Box 245
Lincolnton 30817
119 J. Roy Rowland 103 Woodridge Rd.
Dublin 31021
64 John Russell P.O. Box 588
Winder 30680
25 John Savage 69 Inman Circle N.E.
Atlanta 30309
123 Albert (Al) Scott 738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
37 David Scott 190 Wendell Dr. S.E.
Atlanta 30315
67 J. Neal Shepard, Jr. 21 Fifth St.
Newnan 30263
143 R. Allen Sherrod Route 1
Coolidge 31738
136 Earleen Sizemore Route 3
Sylvester 31791
5486 MEMBERS OF THE GENERAL ASSEMBLY
152-Post 2 Tommy Smith Rout* 1
Alma 31510
42 Virlyn B. Smith 330 Rivertown Rd.
Fairburn 30213
92 Calvin Smyre P.O. Box 181
Columbus 31902
1-Post 1 Wayne Snow, Jr............. P.O. Box 26
Rossville 30741
46 Cathey W. Steinberg 1732 Dunwoody Place
N.E., Atlanta 30324
90 David Swann 804 Camellia Rd.
Augusta 30909
66-Post 2 Charles Thomas P.O. Box 686
Temple 30179
19-Post 2 Steve Thompson 4265 Bradley Dr.
Austell 30001
24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N.W.
Atlanta 30318
128 Tom Triplett P.O. Box 9586
Savannah 31402
153 James R. (Jim) Tuten, Jr. 528 Newcastle St.
Brunswick 31520
4-Post 2 Ralph Twiggs P.O. Box 432
Hiawassee 30546
53 Doug Vandiford 3201 Kensington Rd.
Avondale Estates 30002
57 Clarence R. Vaughn, Jr. P.O. Box 410
Conyers 30207
146-Post 2 Monty Veazey P.O. Box 1572
Tifton 31794
113 Ted W. Waddle 113 Tanglewood Dr.
Warner Robins 31093
115 Larry Walker P.O. Box 1234
Perry 31069
61 Vinson Wall 164 E. Oak St.
Lawrenceville 30256
68 J. Crawford Ware P.O. Box 305
Hogansville 30230
114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905
Warner Robins 31099
132 John White P.O. Box 3506
Albany 31706
44 Bruce Widener P.O. Box 88866
Dunwoody 30338
48 Betty Jo Williams 2024 Castleway Dr.
N.E., Atlanta 30346
54 Rev. Hosea L. Williams 8 Blast Lake Dr. N.E.
Atlanta 30317
6-Post 1 Roger Williams..................132 Huntington Rd.
Dalton 30720
19-Post 1 Joe Mack Wilson.................77 Church St.
Marietta 30060
72-Post 3 Jim Wood........................6676 Sequoia Dr.
Forest Park 30060
MEMBERS OF THE GENERAL ASSEMBLY
5487
9-Post 1 Joe T. Wood
56-Post 3 Ken Workman
P.O. Box 1417
Gainesville 30503
3383 Hyland Dr.
Decatur 30032
5488
MEMBERS OF THE GENERAL ASSEMBLY
District
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- Po9t 3
9- Post 1
9-Post 2
9-Post 3
10
11
12
13-Post 1
13-Post 2
13-Post 3
14
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1980-81
BY DISTRICTS AND ADDRESSES
Representative
Address
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
Chatsworth 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
MEMBERS OF THE GENERAL ASSEMBLY
5489
15 E. M. (Buddy) Childers
16 Vacant
17 Bill Cummings
18 Thomas B. Murphy
19-Post 1 Joe Mack Wilson
19-Post 2 Steve Thompson
19- Post 3 George W. (Buddy) Darden
20- Post 1 Johnny Isakson
20-Post 2 Carl Harrison
20- Post 3 Ken Nix
21- Post 1 Fred Aiken
21-Post 2 A. L. (Al) Burruss
22 Mrs. Dorothy Felton
23 Luther S. Colbert
24 ... Kiliaen V. R. (Kil) Townsend
25 John Savage
26 Sidney J. Marcus
27 Cynthia Fuller
28 Alveda King Beal
29 Douglas C. Dean
30 Paul Bolster
31 Mrs. Grace T. Hamilton
32 Mildred Glover
33 J. C. (Julius C.) Daugherty, Sr.
34 .......... Tyrone Brooks
15 Kirkwood St.
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
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
202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
Station A
P.O. Box 11025
Atlanta 30310
5490
MEMBERS OF THE GENERAL ASSEMBLY
35
36
37
38
39
40
41
42
43-Post 1
43-Post 2
43-Post 3
44
45
46
47
48
49
50
51
52
53
54
55
56 Post 1
56-Post 2
56-Post 3
J. E. (Billy) McKinney
G. D. Adams
David Scott
Lorenzo Benn
Bob Holmes
Dick Lane
Greg Pilewicz
Virlyn B. Smith
Barbara H. Couch
Bettye Lowe
John W. Greer .
Bruce Widener .
J. Max Davis
Cathey W. Steinberg
Joe Burton
Betty Jo Williams
Ewell H. (Hank) Elliott
John Hawkins
Mrs. Mobley (Peggy) Childs
Eleanor L. Richardson
Doug Vandiford .........
Rev. Hosea L. Williams
Betty J. Clark .........
Wm. C. (Bill) Mangum, Jr.
Betty Aaron.............
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
Decatyr 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
MEMBERS OF THE GENERAL ASSEMBLY
5491
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
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
MEMBERS OF THE GENERAL ASSEMBLY
William Bailey Jones
Marvin Adams
3enson Ham
Bob Lane ...................
John F. Godbee
Emory E. Bargeron
Warren D. Evans
R. A. Dent
Mike Padgett ...............
Jack Connell
Sam Nicholson
Donald E. (Don) Cheeks
David Swann
W. Randolph (Randy) Phillips
Calvin Smyre
Charles P. Rose
Sanford D. Bishop, Jr.
Thomas B, Buck, III
Gary C. Cason
Mary Jane Galer
Bryant Culpepper
Burl Davis
Frank C. Pinkston
William C. (Billy) Randall
David E. Lucas
Kenneth Wilson Birdsong
Frank Horne
P.O. Box 3933
Jackson 30233
709 Greenwood Rd.
Thomaston 30286
20 E. Main St.
Forsyth 31029
105 Wilton Dr.
Statesboro 30458
401 Lane St.
Brooklet 30415
P.O. Box 447
Louisville 30434
P.O. Box 539
Thomson 30824
1120 Pine St.
Augusta 30901
Route 1, Box 5
Augusta 30906
P.O. Box 308
Augusta 30903
1762 Davidson Dr.
Augusta 30904
714 Westminster Court
Augusta 30909
804 Camellia Rd.
Augusta 30909
Route 1
Shiloh 31826
P.O. Box 181
Columbus 31902
3821 Commander Dr.
Columbus 31903
P.O. Box 709
Columbus 31902
P.O. Box 196
Columbus 31902
3128 College Dr.
Columbus 31907
7236 Lullwater Rd.
Columbus 31904
P.O. Box 490
Fort Valley 31030
740 Mulberry St.
Macon 31201
773 Mulberry St.
Macon 31201
P.O. Box 121
Macon 31202
448 Woolfolk St.
Macon 31201
Route 1
Gordon 31031
612 Georgia Power Bldg.
Macon 31201
MEMBERS OF THE GENERAL ASSEMBLY
5493
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
Jimmy Lord
Randolph C. (Randy) Karrh
John David MileB
Wilbur E. Baugh
Bobby E. Parham
Ward Edwards
Don Castleberry
E. Roy Lambert
Ted W. Waddle
Roy H. (Sonny) Watson, Jr.
Larry Walker
George Hooks
Ben Jessup
Terry L. Coleman
J. Roy Rowland
L. L. (Pete) Phillips
Clinton Oliver
Ronald E. (Ron) Ginsberg
Albert (Al) Scott
Lamar W. Davis, Jr.
Bobby Phillips
Herbert Jones, Jr.
Bobby L. Hill
Tom Triplett
George A. Chance, Jr.
Bob Hanner
P.O. Box 254
Sandersville 31082
P.O. Drawer K
Swainsboro 30401
P.O. Box 345
Metter 30439
P.O. Box 926
Milledgeville 31061
P.O. Box 606
Milledgeville 31061
P.O. Box 146
Butler 31006
P.O. Box 377
Richland 31825
. 543 North Main St.
Madison 30650
113 Tanglewood Dr.
Warner Robins 31093
P.O. Box 1905
Warner Robins 31099
P.O. Box 1234
Perry 31069
P.O. Box 928
Americus 31709
P.O. Box 468
Cochran 31014
P.O. Box 157
Eastman 31023
103 Woodridge Rd.
Dublin 31021
Box 166
Soperton 30457
P.O. Box 237
Glennville 30427
P.O. Box 10105
14 E. State St.
Savannah 31412
738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
P.O. Box 1567
Savannah 31402
9219 Melody Dr.
Savannah 31406
413 Arlington Rd.
Savannah 31406
923 West 37th St.
Savannah 31401
P.O. Box 9586
Savannah 31402
P.O. Box 373
Springfield 31329
Route 1
Parrott 31777
5494
MEMBERS OF THE GENERAL ASSEMBLY
131
132
133
134
135
136
137
138-Post 1
138-Post 2
139
140
141
142
143
144
145
146-Post 1
146-Post 2
147
148
149
150
151
152-Post 1
152-Post 2
153
Tommy Chambliss
John White
R. S. (Dick) Hutchinson
T. Hayward (Mac) McCollum
Howard H. Rainey
Earleen Sizemore
Paul S. Branch, Jr.
I.undsford Moody
Roger C. Byrd
Rene D. Kemp
Ralph J. Balkcom
Walter E. Cox
Bobby Long
. R. Allen Sherrod ........
Marcus E. Collins, Sr.
Hugh D. Matthews
Edmond Lewis Perry
Monty Veazey
Henry L. Reaves
James M. Beck
Robert L. (Bob) Patten
Tom Crosby, Jr.
Harry Dixon
James C. Moore
Tommy Smith
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
MEMBERS OF THE GENERAL ASSEMBLY
5495
154
Dean A. Auten
628 King Cotton Row
Brunswick 31520
5496
RESULTS OF REFERENDUM ELECTIONS
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1981
Election
Referendums Results Not Final
Georgia Laws Proposed
1963 (Jan./Feb.) 14
1963 (Nov./Dec.) 21
1965 17
1966 39
1967 24
1968 46
1969 34
1960 47
1961 27
1962 38
1963 39
1964 36
1964 Ex. Sess. 9
1965 23
1966 26
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
1981 ..................... 10
TOTALS............... 907
Not Known Held Result
1 2 11
5 16
1 1 16
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
2 8
42 49 816
REFERENDUM ELECTIONS1953-1976
RESULTS OF REFERENDUM ELECTIONS
5497
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Georgia Laws 1953, Norember-December session:
5498
RESULTS OF REFERENDUM ELECTIONS
V)
CO
St oo
ii
X
00 CO TT 3 P'f O) 3
-H U- w CO <M W
I I
coco .. i 5 iot-OC-iONOO 3 E*t>
^ & O OiCOlM^OOkO^ w CO
wj* 05 OC r OCc^ 10^00 ON ^ o to
^ ____________________
3 & S
H <
__ ^ w T > 7'*'* '%r 05 N
C W C r~* O ^ Oh c
c I I c I | *?-- II II I II I c* I
~ ^ i: B .. L C c . c , c o , ,
C.o
>+3 o O &<>' o o bc.tS ^s^o&q&o&o &"-3 o o
w w g g 5
Cze &h
t- ^
OlOtO
OOHH
&&
c c
Georgia Laws 1953, November-December session:
RESULTS OF REFERENDUM ELECTIONS 5499
us S f oaoon* P P to os
I I BiS C | I I I lPZ- I ,
SB5-3sBsa^SSB
is il
oO o
Eh Ec
05 ID Tf * kO O to CO
C- H 04 r> t> CO "T V
O C- i-i kO
o & o & o 6) o 6)
&*<<! <&
5500
RESULTS OF REFERENDUM ELECTIONS

&
OS
a
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CO
t> .
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00
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t>N 3
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f Ht-HOONIO
5 04 04
T , .................
s &* g &g 6s &g &
<2 -s ot*<2c*<2t*<!f*<!
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00 04 CO < C CO
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t- 00
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Georgia Laws, 1951:
RESULTS OF REFERENDUM ELECTIONS 5501
*-< C
O O
sl
QW
- OO CO c
^ iO to '
-i 10 IQ

00 CO
t> ft
CO
I I
<!Cih
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5
, . ___ .CD
TftOiirftnMfeW
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CO LO tJ D C C] t-
O O
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CO 2
Mfti
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C-TfOONTf
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C co
*111
S-jsS-J-g S 6S &o
w 5
HOJO
HCOTf
Tt Oi lO
04 CO 04
& &
00
c^
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b* o
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be
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be
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>
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c/2
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o
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04 __ 04
. *m . .
t* * t*
T3 tH T3 rH ^
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6
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o o o
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d ^ d d
C
2
3
c
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+>
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O O O O
P
&
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O
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5502
RESULTS OF REFERENDUM ELECTIONS
*
JS
C
o
*<3
3s
oh
N^'OJO^'OOWOSNOO^l'
1/5^ 00^ CO^ C-^ CO^ 04 ^ 04 co to
oi ia oo oi ** io
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6) q '
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03
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a a fa
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50 lO 50 0 t-t-
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4) 4)
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i
2
Georgia Lmwe. 1956:
RESULTS OF REFERENDUM ELECTIONS
5503
JONtO
l CO t> LO
3 05 LO
HOUfl) 1 t
co oo t> o v r. ivv.
0110 -co
I I II Mill
rSBsBgg32sBsB^S8|sBo
I < I
. <N 05 t>
i . " i- O CO t>
oc SJ 0 <yj 05 00
^ XS ^ I I I
- I I. I
LO ^ F
05
I I
c
5504
RESULTS OF REFERENDUM ELECTIONS
tn
110 t> co t-* w k c
Mile*
o & o o
*<*< gzc
5
k*
3
o c P C N 00 C-N Tj t-05 H 10 05
HH .. to .. to fcO<M NHHH^tt'00 00 01
r1 . CM CM
I I ? I I I I M I I I I
6cS<S< & &s & fe 6
Georgia Laws, 1*57:
RESULTS OF REFERENDUM ELECTIONS
5505
D 0>
4>
X
lOCOC-Tf too I 4. , rrt t*. CM -h
WiONtONN C i C
| | | | I | ><1< > S'= 21 | I | | >
S&Sfi,Bg?g^1sB Sfi
<u |t |u-aS6fc.c fc<Jo
C v-
o o
Is
WQ
ffl
D
73
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3
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Oh
5506
RESULTS OF REFERENDUM ELECTIONS
HtfilOr-1 1ft t- t- N ^ rH
HNlOWHH
I II I I I I I II
i u, P u P P i* C u G
OCO0ColoMo6C
31
a w
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cn
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o & o & o 6) O > o 6) O be
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E
33
X

X
O
Chatham .... 3337 ' City of Savannah.................. 5-27-58 For4024
Agn2283
Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
5507
a
moocooot- 3 C D ^NOOOOOONOOOWOO c
S I S I -
III!!
G U. G ^ G o
11 I I I I I 11 I I
^ r* ^ ^ w
o be o be o bcv o^o o be o be o (u o be o be o
Pt, *<fc < -<
W 5
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o o
al
QW
5 <M t0
<
05 r>
t> cm
I I
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be be
<<
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be
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Lc
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be be be be
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I I
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t- t> L-
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o C C
a)
co
CO
3
CH
3
3
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JT
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US
Affected are*:
>r 91; Agn41
5508
RESULTS OF REFERENDUM ELECTIONS
4J lO 00
lO fH CM
I"121"I? I "I
,gS*S.|,6>.
- < u<s< <
I I I I i . ... V .J, ... 4>
I I I -< t> !S co M oj !H ci00 o !H ^
iO
<OOOWN flj K-S &
rH CM *- 60 O 00
c
be o
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Cl,
o l, o
I | O |
Pi CJ (h Pi
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P,?P fe<
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2
s< <l
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03
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00
CM
o
cj
be Ji*
cj
W
c
c
03
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C
c
o
T3
Pi
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CJ
Georgia Law, 1958:
RESULTS OF REFERENDUM ELECTIONS
5509
iO 05
<M CO
05 rH
u C
o bo
H
U
w
I
SQ
a
3 o C .* C jj &S g, S 5 c c s
H t> CO *-H C
lOOTjlflt
> 05 05 Ol rH ,
iis-Sli-kis.ritsiaiiii1 1 1 i
'<3li7GiIi!3 ? 6"
o
w
I O
O Mo
c^E
54 O M
o
a
-4-5
O

iO
CQ O
>
O
o
bfi

X
u
Cfl
O
G
s
p.

OS
X
o
x
b
3
O
G
O
Q
o
>
-*-
5
G
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s>
5


o
O
G
3
O
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G
5
bfi
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>
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H
t> ?H
<o oi
CO 05
CO OI
V
si
Q
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os
a
a a
TJ
G
*
3
Georgia Laws, 1958:
5510
RESULTS OF REFERENDUM ELECTIONS
*4 C
o o
3t
QW
k: l-s
NiONb- C ^ 1 3 r 05 O 05 00
oJ (M ^ O Ht-
5"
' 111 1111
j Bs Sijgag-- s Ss 6
I 5s
fr,
TH o
^ Z
H
U
W
*-
ffl
D
Qf3
.
M o
0
a
o
u
c
5
a
3
w
V4
o
>
-*-
3
>
3
c
5
o
>
o
c
08
2
*4
o
>*
O O
s
E
o
O
o
oo
05
N
05
CO
OJ
CO *-H Tf
CO 05 OJ
C- O 01
OJ 04 CO
3
D
a,
. JS 3
H !?
<s..9
c/3 f e
05 4f COrHt>0 . | ft i
t>kO Nt'W c C-5
i ii ii il^j:
h*
j
Georgia Laws, 1959:
RESULTS OF REFERENDUM ELECTIONS
5511
a
o
H
o
w
"n
D
O)
b O
c
9
O
u
5 CM CM
5 tD CM
H ^ UO
oiTfooooicowot'OOciHicoiTrinoHiftt'
9HW M'HHIOCOlOH
lO t- tT
CO o
*H T-H
TJ< U-
J I 1 i 1 M I I I I I 1 II I 1 M I I I II I I I II I
tO O too & o tO o too & o & o & o to O to o too & o 5) o tO
> o
t c
r br
o,

=1* =*t
.2 T
OQ M
03
PM
03
Ph
03
P-
as
Ph
03
CU
I I s


o
O


3
C/2
to to to to

p w w

u u o o
*3 .5
o
CJ o o
>*
3
o
>>
o o
K*
-4-> -*J
5 5
3
<
Mh
O
3
>
5
3
<
<
>
3
03
X
B
B
o ^
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K. Vt
o O _* o
9
3 3 3 o 5
a
CM
CO
CM
Tf
rH
CO
to
a
CO
CM
3
3
*3
Pm
3
-2
3
Pm
3
5
3
Pm
3
s
Pm
03
O
9
bo
-C
O
o0 0 *0 *0
3 3
> >
03 03
5 5
to
3
Q
00
-3 o
to
3
o
Q
o0
eO
,3
to
3
o
Q
to
3
O
Q
*3 *
X
to
3
-C
to
O O O O O O
Georgia Laws, 1959:

5512
RESULTS OF REFERENDUM ELECTIONS
HOjrj'tOHM^OOOINWinNHlNiO
^tOM^OrH(MO!OCO^OOJOt'
NiOCO'TONOOLNH lO
I I II 7 M I I I I I I I II
^c^g^g^g^g^c^c^g
OitO^OMo^O^O&tlOMo^
h<:h-<j;h<;h<:h-<h<:h<:h<
LO r-1
t> 05
<M I
Ol O O CO 1 i
"""ifco &
o< <
I II I

31
oh
o 6 o &?? $ 5 00
H
O
H
M
D
cfl

o
u


o
O
O O


o
O
x
H
CJ
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c
'S
H
Sh
o
>
*->
5
o
>
o
O
O
o o
CM
<>
<M
O
&H
c
08
s
>
5
X
O
W
o
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c
c
t*
o
t-
c8
T3
0)
O
5
00
(M
+> ^
tl *- L
! j n
w
w
3
G
c8

w
c
G
*
o
s
cfl
JS
Xi
aS
ffi
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Q
o
S

5 -g
OJ O
r c8
a; H
2
o
CL,
Georgia Lawe, 1959:
RESULTS OF REFERENDUM ELECTIONS
5513
M C 1., c ^ c
o tO o U O to
C
9
5!
oh
00 Tf o t>
00 CM CM
CO CO lO CO
T'
oo jj t-
o co

H
O
H

m
be o
*
c
o
O


o
O
>
c
3
O
O


o o
OO
G G
3 3
OO
io co
l> LO
LO o
CM CM
-O

3 C
HO
co ..
^ 9 t> cn
I O I I
tr C- CO 00 C c U I ' CO CO iO rn CM 3 C o CO 00
lils.1 3
fa fa
to
oo
to
o
O
CQ PQ
x:
O
oa
be
o
O O O O
^3
8
o
e
be
9
Georgia Laws, 1960:
5514
RESULTS OF REFERENDUM ELECTIONS
W ii
H 80 I O I
COt* 3 *= t> gj I I CO 00 CO O *
T* CO t> 00 *1 F. Eos CO C
*-< l) OOOON Moj O
< lO < CO 04 lO
I r* O 04 04 CO
00 00 XI 00
.. LO CO
I ? I
> c * c
^ te >. t>ii 5?
| I c | 11 --U 71 I I I I I | | I | |=7.o7J I
o ta)'-3 o o 5> D. 5> ? T1 o ^
&. < jj z &. < o | &.
W Cu t-iC C o 3 o
-
Eh fc

O) 3 C
mei g
, c E<!
c 2
- U)-*-> O
<< %Z.
w
v- a
e o
s!
QW
o
co
GO
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C/3

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a

03
d,

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rt
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3
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5


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x
03
H
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s
a
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c
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3
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CO

c
03
>
w
c
5
c
03
C*I
C
>
5
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: Qj
3
3
Ctt
O O X
Georgia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
5515
** 0
o o
*s
Ob
< co co
5 05 05
< *-H O
CO CO 3 c 3
ST00^ S 2
2 04
to O
73 73 iO ^ T_1
C3C3CS I C IN
SSSS5Ec5can
" o jS O 5) toco CO
III"' -IP *- w c w C o c .
| | Ic^cUic^cW^ , a .. I
^ -2 -2 -e .2 -u .2 -j c
<B< SZ Z Z SZ S 7,3
S 5 S w
^OOONCONiOO
OiOffiCOOiflO^
t- 05 00 05 00 05
I II I! I I I
O^otfio&Co^C
w
-4-0
o

H
U
W
-
CO
P
m
CJ
cj
.
be o
CJ
e
s
o
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c
3
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53
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03
CJ o
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cS
H
T3
C
*
s s s s s
c
03
be
u>
o
s
3
s
3
cl,
3
CL,
Georgia Laws, 1960:
5516
RESULTS OF REFERENDUM ELECTIONS
O 00
HlOt-
00 05 C-
as
NCOTTWOOt-lNOOOOt-rHOOONlONNtDMD
lO^onooHOsosHTrrHoooiot-iOTjt-TToio
05 rHHN'lJ'OlOOJt-HrHOS'J'CDOlONt'NOO
Ml I I I M I I II lllllllll
I aSr Vo&CoUloUlotCobCoUlO^O^O^
Georgia Laws, 1961:
RESULTS OF REFERENDUM ELECTIONS
5517

ON
iO OS
O iO
<N rH
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5
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Colquitt...1 3041 ! City of Moultrie
5518
RESULTS OF REFERENDUM ELECTIONS
I I I w I
*' C I ' c i^m^CO^NOOOMOWOO^MU)
w &<) .. C 9 K).vJ)iO^-<t>C>r-(<MCDC^OOa5^rJCOiOCO^'
L'v O t}< CO CO 00 OO CO 05 04 05 <N CO CM
ill,

OS
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2
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O'^C0C000CCC0'^05N05CJCOiN
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i 3 i i 3 i
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c
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u
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73 r-
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Georgia Law, 1961
RESULTS OF REFERENDUM ELECTIONS
5519
S
OS
C
o o
s!
Qw
03 N 1
(NHiO
CO lO
qCOO)
^ i . ^ ^ i
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fc <J w
co
TJ* 04
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tO to
04 03
H
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CO
bfl o
c
3
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o c
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VH *H
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g
o
0
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t- 03 04
04 04 CO
H
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c c c c c e
t* be !* 5C & be
<<<<<<
M t-. S* Ut Ih -
o o o o o o
Ck fx fi,
I I
P5
VI H 04 00^10
'0*p73T3'p
saunaa
5520
RESULTS OF REFERENDUM ELECTIONS
a
m
c
X
MOIO 'f Wr-KXlHWt'Tj'H^OlOCOO^'
lOHrHrHTj<CgWCDHC CO 00 t- lO 00
HHHHtoiowco no t-t io
^OOHiONt-OOOt'
CONNCCMNN
c- to
! 6;
I I
C
o o
ea
Qw
oUloUloiifl0640^00^0^0b0Ul0&0^
&j_, C j_, C l C l
o be o be o to o
C\J
to
to
w
3
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CO
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03
CL,

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cd
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3
c
cd

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3
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3
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a
Henry.......| 2403 Town of Locust Grove...................I 4-25-62
Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
5521
1 I I I I I I I I I I I I II II II
fcCfa^faCfaCfaCfa*;^ Sg S t -< -<
| l I
Sfeos
fct fc
to
to
5 s
CM CM CM CM CM ifl -1
o tvc J.iO to Cl 00 CM CM
fj 3 MiO h CO h CO
be
c
be
c
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>
4-J
5
o
>>
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5
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01

b
O
5522
RESULTS OF REFERENDUM ELECTIONS
100 Tf
h* oo
o 5C-
w
Mjj
Qw
x;,
WW
c- c
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o lO i
e I
W I
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2|= I
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bi
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be
c
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a
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a
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5 .S
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rt rn
6
Georgia Laws, 1963:
RESULTS OF REFERENDUM ELECTIONS
5523
iHCONOHOiQOtDONCOHtflTrNUJOOStOiOOl
oo^TrTpND-Ti'coccicoeo^r-uOHt'H o co d
w lOCOHCOt'HiOCO^NiOCOiOCOt-'
13
s
Bt
II I I ll M M M M M II II II
O^O^O^O^O^O^O^O^OUIO^O^
m e
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co o
MO
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1 i *
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to
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05
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as
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as
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to
00
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91
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o



o
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c
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>
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CJ H CJ
CQ CQ
CQ CQ CQ
-C
CJ
5 5 1
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CJ CJ CJ
5524
RESULTS OF REFERENDUM ELECTIONS
9
l
X
S
o
Si
QW
50 >; c j.
II

-
pTSWIHh
bi'S c5 S 9
a
g
O a
O Tf
CO 03
CO CO
OOOHH t> CO H Ol
Oi l> OJ O I I Nt-OJt-
t'lor-io I I h t> oj
hhhNh
O bo O toC/2 CO O 60 O 60
t. <&,<
0 o
<r 10
10 <
03 CO
CO 1-H
I \
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fc <3
2
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E
co 2 2
CO O) d;
00 E
03
10 o o

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c
a
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>
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5
>
5
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w 3
05
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3 5
00
00
03


o
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3
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5
to
c
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3
C*<
c
C
c
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e/3
3
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c>3
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tc
o
3
s
Newton ..... 3017 Board of County Commissioners........ 5-15-63 For 333
Agn 669
Pulaski..... 3436 Tax Commissioner .................... 6-18-63 For 354
Agn 321
Screven .... 2835 j City of Sylvania.................... 6- 4-63 For 160
Georgia Laws, 1968
RESULTS OF REFERENDUM ELECTIONS
5525
OliOOWiQtONt-OlCOiQCOl'CO'Tl'OlHO
CO 05 CO ^NiON^fOrHCONt-OHOOCO
(N M rH HNCOt-OOt^COCOHNH
9
s
os
ti C Ih
o ^ o M o _ _ _______ _ _
St
3
oh

to

03
to
00
03
H
O
W
n
03

to
m
83
X
O
m
03 O
be o
S
9
O
o
^1 ^1 ~3
.ti .t2 o
o o cj
3
3
O-
W
3
H
o.
E
c
s
E
o
O v.
>> O
c |J
g I
O
VI O
c
5 O
CO
E E
c iJ
3 -
H >
3


5526
RESULTS OF REFERENDUM ELECTIONS
H
U
w
*
CO

x/i
a
9
o
V
eo oo
Tt Tj<
iQ 00
<N

3 C Tf
|2'
1* M in m ii i i i
^Tj-TfcocotNio-H^ai
HMHtflOW 04 04
O Tf t-H Tf
zz
5
5
o
CX
i i II I I I i i
^ClClClClC
fc^tX^tX^fX^CX^
> &0 o
< < EX
c s
bo*-*
<
I I 2
S 6
EXC
<o CO
^ c-
04 00
I It"
, c C C
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E^-S-S
0) 0)
3 3
0>0>
2
-C
o

<>
04
04
Q.

cj
c u
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cj
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w
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CJ

0)
c
(X
O >> o o 0.3
c
> 3 >>>,>. -
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O CJ CJ O CJ O O
-id
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3
cr
x:
O
o
bo
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O
a
3
5
2
ix
c
c
5
a

K
oS
ffi
>
o
RESULTS OF REFERENDUM ELECTIONS
5527

OS
C
o
Qw
O 10
t-(NOO
05 t> 05
^ E, w.
o ofl o
00 CM LO 3 Coo
O CO O ^ ^ ^ CO
o>t-,2 o ^
I 17 gs I I
&t, C .2 t, B
O Ml *-> O O
W
COCO 2 05 CM CM CO CM ^CO CO >>05 OlOOH
tflto gOOOOiNTj-^Tf . COCOCO
00r-,n CJ CD O CM
7711 i I 17 i* i i-s
fc *< eo <3 ^ <J C ft, <3 s *< Ex< <<
w Q
M M i
t-> F. * R c
O Mo MO
CO CO CO
H CO CO
CM H CO
I I I
c^c
M o be
CO CO CO
Tt Tt ^
o

H
u
w
03
D
03
CJ
o
b O
0
0

u
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3
a
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CJ
.
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CQ
aj
H
JC
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O
3 U
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>
c
cq o m
Q Q
S S S S S S S
O '-
CQ <J
CQ
U U
H
H H
Georgia Laws 1964, January-February session:
5528
I
RESULTS OF REFERENDUM ELECTIONS
(NOlNOOiOincOHiCOO'-D-
lasaiocoaioot-ioioas^f*'
H 6a 'T TT tT
I I
T I I I M I
11 C G G ^ G ^ G
o^o^o^o^oo^o
RESULTS OF REFERENDUM ELECTIONS
5529
9
l
X
t> CM O t> 05 OJ
lO lO CO CM j" o
t>CM c
I I I I I Ig*
o 6) o S) o &)" "o
s
*- c
o
(0 ^
qE
t-^too 3 5
10 2 S 3 $
I I I I g*
o to O bC-*J O
5
s &
fa <
2

x:
o

CM
00
D
CM
H
u
w
>-
32
>
VI
u
be
c
c3
l-l
o
C0
J
o
o
be o
o
u
w
>
32
-2 <j
< ^ '5
>.
c/2
o
>
s
>>
G
o .r:
U CJ
> >>
S -
<J C/2 <J
o
4> I
CJ
32
*
o
u
Jm
a)
32
G O Q
c
.s
Q.
9
5530
RESULTS OF REFERENDUM ELECTIONS
21
QW
a
03
O
cn
itOCOO^lN HCO F 3 EoOOOOOOOt-C'JtOuOC'liO
)loco(m ou a; Xt lsojai'^cO'^t'iOrHt'U
iLOt-CO^-^OOOOpJ o p!> o GO H H tl Tf Tf rH
M I | I M cwc ITT I I I M I I*
5 if if O s rjs t-a % o O S O S &
s s
be o
o
u
w
CJ
be
c
be
T3
O
CJ
<y
a
o
K
be
-a
U 03
c
D
u
CJ 03
>>
C
c/3 (J u cj

"C3
o
03 .w
q3 03 03 U O Q Q
D I
fcl
it
e e e e & & 5
cooooooioi*
!mm
o o o o o o o
ft! pL, fc.
rHC^COTjlOr>t>
cJ ej cJ cj cj d o
D D U D D H e
mmm mm mm
Georgia Laws, 1965:
RESULTS OF REFERENDUM ELECTIONS
5531
Otoco Ottiowcowhcoh
3 00TiNOir5!0>Z(N'^/HTj</tiMLOiCin00^ci
_L CO 4 T* *-H ( ( <M ^ rH ^MlOOiCOOlCOaiM
I I-
1~ I I I II.2 ll| ll| I li I II II
oC O O Mo M o Ml,, O *, o Mo Mo Mo M
t*, pq tx< tt, tt, <u tx* <j fa
r? fa fa
Georgia Laws, 1966
5532
RESULTS OF REFERENDUM ELECTIONS
co
t-
Tf U- GO O
10 GO GO 10 CO td 1
O CD Tf to oo c
4>
X
I I I I I I I I I I! I
a .
c/2
maioioai'tjfMuifl
lO lO lO H rf
Tf rH lO o
o^fio
I II I II I I I I
o -

SUBJECT | of j Result
RESULTS OF REFERENDUM ELECTIONS
5533
N U5 ^
M 00
00 CO H
Tj< ^
GO
CO
tx C
O bo o
fc < fc <
n oo m Tf
CO UO as Oi
O Oi U- CD t* 05
*< wV **
o oO o
I I
0^0
-< - w w
I
c
bo
<
O CO Ol CO
00 ifl M H Tf
H *-t ^
CO
o
CO
o bo o U O bo o
< Cn < < fc
c
bo
<
Georgia Laws, 1967:
5534
RESULTS OF REFERENDUM ELECTIONS
41
CO 03 OCOOlOOHCOMOJCCltOM
mh coout-ooihco co c\j as
CO <M r-i HlO^TH HCOq'OJ
rHCO HOI
II II II I II II I I I
o bo ^booboobeobooboobe
fc <3 tn <3 *< <3 < Ct, <3
CO o
> e'-
er* lO
u c
o be
fc <3
cd ai
aw
ffl <o
^ iH
o

o

H
u
w
S5
&
C/3
W
*
T3
3
T3
w
cd
o
CQ
15
h
o
>
CJ Q
c

o
H
u
cj
3
-a
W
cd
o
CQ
3
03
W
CJ CJ
3
03
w
CQ
o
CJ
CJ
W
o
CQ
o
CJ
41 , | 00
be o 1 co
ed 5r lo
CU ^
c
a
o
CJ
S
at
X
01
w 43
,* cd
c ffi
cd ^
CQ
* K
QQ CQ
3
CQ
3
CQ
cd
O
o
o
43
5
-*->
cd
43
o
o
Georgia Laws, 1967:
RESULTS OF REFERENDUM ELECTIONS 5535
I I
- P -
5 t() O
*
h OC-CDOMOJaH.tJOM^'ft-OiOOOHLftifliO
OOH H W ^J'NCOCOlOt'
i i i m i ii 114 i is i n I'm i i
5o&oSloSloS)So Slg O^CO^QtifiobXlO
be o
c u c
be o be
r-< CM CM
H
u
w
-
CQ

CO
w
03
+J
CO
N-t
o
>
c
A
c
o
be
-a
X>
>>
s
a
3
CO
o
o
X
3
*3
w
a
3
C<J
Q
L>. CJ ^
> CO CQ
>
G
o
CJ
00
05
00
CM
05
IX
CM
00
vH
CM
s
c
a
o
o
o. X*
CJ
o
o
Q
W fc
c
o
a
S-.
o
o
Ef
g
w
c
o
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03
3
o
K
c
3
03
3
o
w
3
o
w
T3
c
*
3
a>
s
Georgia Laws, 1967:
5536 RESULTS OF REFERENDUM ELECTIONS
4)
X
Tf 05 00 CO H o IN H 115
1C H 1C Oi O TT in 1C rf to
1-H 04 iO CO lO Tf T*
I M M I I I I I
ofctfo&fiobflo&fiobc
fa<fa<fa<fa<:fa<:
e co
CO lO 5 O 04 b tO
o tj 5 tj< oo .5 to
CO 04 04 Tf Tt
I l3 1 il I
s &a sjc s
Cu
04 Sr
04 OJ C
00 O r
t- t> c
CO 11 oo 04 r
> 00 ^ Oi CO L
> 00 CO H
5 O tO O-
30H0
4 C- IQ CO
i W 1
5, i-
M p, o
p fa fa
0
O 1-4 u
ao o
jf o
<fa
C u P fc,
bfi O ofi o
pt< <&&,

5s 6
<** 0
O O
41
3 w
s
Qw
CO CO CO CO
4) .
b O
o
Tf
04
00
t-
04
0
3
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V
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03
fc
3
s
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0)

00 04
Tt io
Tj< r-l
04 CO
0) 0)
s
00 CO
Tl CO
t> rt
04 CO
o
X
3
X
Georgia Lawg, 1968:
RESULTS OF REFERENDUM ELECTIONS
5537
I
rH tO O r-H
03 H O N
lO N CO
i
c
~ ~ bO
o
t- t- OO LO
COUNTfNCOiOO
7 i m ii
f4 C C L. G
o bo o bo o be o
ft,
I I
c
be o
< &<
I I
c ^
bo o
<1
c
*
o
c
W
1_ c
o be
*<
W
2 oo
'HJ
W
CQ
x
o3
Eh
C

2
"3
pq
2 c
03 o
co
'3 OS
C w
5 ^
6 W
> *0
3
CJ O
M
0 >>
2 c
03 3
O O
PQ CJ
T3
c
W
CJ
CJ
3
T3
w
pq
CJ
o
T3
c
c
O
K
c
*
o
H
&
<2*
Tf co t-
04 00 04
04 04
*0 O
C O
cd ^
o
X *
g I
g ^
5 rt
c
c
* 03
M >
w *
O CQ
> M
-
u >.
W .tS
CJ
C >
.2
al 3
!<s
W
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V rt
h s:
CJ
PQ
03
PQ
3
3-

PQ
e
03
rC
^ o
P T T
CQ CQ
03
O
X
O
o
S
03
-*->
03
X
CJ
Georgia Laws, 1968:
5538 RESULTS OF REFERENDUM ELECTIONS
Georgia Lawa, 1988:
RESULTS OF REFERENDUM ELECTIONS 5539
3
3

90 00
oo ^
I ''f H c N
- * I I IQ f-
I t- I I t CM
'U0>OOMOh
I'Tl'WWiQt'faQOCD^ -wwj
iOO^iOh^nhncWn
K IN U

G t,
as o
<
I I
CMGt_Cs_,c^_c
MOSCoitO^otHu-u^uw
5
Georgia Laws, 1968:
5540
RESULTS OF REFERENDUM ELECTIONS
ifl'f'onooou5NoiNinuo5iooTfHioco'>f
'tfCvJ00rH<>t-051/3l000Oe>''tfi-HT* Tf
Cs|rH-^TfCO t-NNHOOt-NHtO
9
8
at
o
3 3
a
oh
G
to
c
o M O Mo Mo Mo Mo Mo Mo Mo Mo M
M o
G u
M O
c
M o
G
M o
4
G
M o
9
a
6
3
C/3
(X



RESULTS OF REFERENDUM ELECTIONS
5541
&
v- C
o o
Qw
H
O
W
-
CQ
D
72
5
t-M 05
00
>LO
3
I
CO J Tf<
H 04
ic!
*33
c
I <3 I
c fc.
in " o
3
9
o
LO CQ CD
05 04 CO
04 LO
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Georgia Laws, 19o.
5542
RESULTS OF REFERENDUM ELECTIONS

a t
SccS5to<7>') co <m 2
Tf o o 05 o> H e
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to
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173 CO
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3
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RESULTS OF REFERENDUM ELECTIONS
5543
c
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to
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WOOOOOOM.SH
COOHMJlO^U
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Georgia Laws, 1969:
5544

RESULTS OF REFERENDUM ELECTIONS
t- Ti LO
rj-^CMC-Oir-tf-cO
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I
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RESULTS OF REFERENDUM ELECTIONS
5545
Cc5Tj<:ot><McocDOiCT>ioiot'-05a>LQeocoio
^HOiOMMOlMCOOCOOCDOCOt'^OJ
O H (N CO C4 W CO CO W H t> rf t? (M t> lO
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5546
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RESULTS OF REFERENDUM ELECTIONS
CO u*
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c/)
00 *
CO
asooeo-H | ioooocDiMHOONco3c3q coco
oocoooo I -vi |a5cr>co'^cooooot>^>w>.,>a-coo*Jooc).t;c^z^
LO CO CO U h CO U CO H H OrS o C O
i* ^*7 1 , , 1 177.= Kc.2-1 1 7 1 | | |
II' I 'l^T M I I I I I I
t- t-< F*. aJ 2 cj *-< F*, fn u P
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CO CO CO
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CO CO
Mitchell........ 2239 ! County Board of Education ......................... 6-16-70 For482
Agn 156
Mitchell........ 2632 ! County School Superintendent ...................... 6-16-70 For287
Agn 350
RESULTS OF REFERENDUM ELECTIONS
5547
Wayne ...... 3251 Wayne County Hospital Authority........ 11- 3-70 For807
Agn1113
Washington .... 3104 County Board of Education ..........[ 6- 3-70 For 439
I Agn 537
Georgia Laws 1971, January/February session:
5548
RESULTS OF REFERENDUM ELECTIONS
.
lOOJiOCOCMOS'S'CO
rHXHN00lOl>rS_
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2^2
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County vote:
For: 1,707 Agn : 2,369
City vote:
For: 3,263 Agn. 2,961
Georgia Laws 1971, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5549
I I I

C u C >3
txo O b)Z
CX o ^ _
<3 fc <3
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Georgia Laws, 1971, Jan./Feb. session:
5550 RESULTS OF REFERENDUM ELECTIONS

cocmcmcocd^tcolo ^ ^ ^ lOHcoio^ooTfcocou
CO-'tfiOCMOOLOCOOO ^ CO U ^HOOOiOi'OCOOtDt'iM-
CD CD lO CM i 00 t> bfi ^ o t- Tf TJ< CD CM Tf C
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Georgia Laws 1971, Janaary/February session:
RESULTS OF REFERENDUM ELECTIONS
5551
OWHOTfCO
COO^h^o
rz o tj.
i
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o o U) o
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03
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13
w
03
(4
X
Laws 1972, January/February session:
5552
RESULTS OF REFERENDUM ELECTIONS
07X000 C
c o o ^ rt
co c- t- o o
K
II I I I
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3 c ^ o ^ 3 E-, 3
n &} _o be j o be 3r o be o be
< Cl, < S Cn < CD &h <
72 72 72 72 c/2 72 U*
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72
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72
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Georgia Laws 1872, January/February session:
RESULTS OF REFERENDUM ELECTIONS 5553
wl wf
lO *-i
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CO O
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Georgia Laws 1972, January/February session:
5554
RESULTS OF REFERENDUM ELECTIONS
0)
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1. 1973. p. 2268 chaneed date of election.
Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5555
00
Georgia Laws 1972, January/February session:
5556
RESULTS OF REFERENDUM ELECTIONS
OONOlflHiflOOOOOHNNftOlNHOOOONHTl'ifllflOOt-OOCXieOlOHWaHOJ
_(O005C00N*>3'00^'^,inOTf0)WOWHNl0N<0?000t^,0l00e0HNt>NiOTli
2 to oo Ot> r-^CO D rj CO^tT h WO) NOO wH wj* t< LC CO (NN rJHONt-NH
,4> HH <N~ M wH W-T w-Tco tee^f
I I I I I I I II I I I I I I I II I I II II I I I I I I i I I |
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Georgia Law* 1972, January/February eeaeion:
RESULTS OF REFERENDUM ELECTIONS
5557
^**aat>(Mao--T7*ao
Hiot'Tjc-roiao
o_co O} CO CD
MINIM
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Georgia Laws 1973, January/February session:
5558
RESULTS OF REFERENDUM ELECTIONS

00 0)
00
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2;
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Georgia Lawa 1973, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5559
kOlOOOHU-MNOO
<NiOOO)0)t>NlN
NOJCOh rlMN
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C/2
C/2
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Georgia Law* 1974, Jannary/February session:
5560
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RESULTS OF REFERENDUM ELECTIONS
5561
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5562
RESULTS OF REFERENDUM ELECTIONS
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
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
RESULTS OF REFERENDUM ELECTIONS 5563
Yes No
1,752 2,153
5,764 7,222
1,415 1,576
513 1,502
56,902 38,497
674 825
96 201
2,067 2,658
1,477 1,428
524 1,273
962 1,101
8,846 10,024
1,215 1,281
5,111 3,714
363 503
1,289 1,616
908 1,322
420 1,408
351 417
2,125 2,638
4,338 5,170
285 676
2,166 2,042
352 493
250 522
405 1,380
279 489
373 990
826 1,147
748 855
115 290
1,839 3,649
410 837
385 567
236 565
149 254
2,069 3,382
1,043 504
541 765
731 883
167 368
707 1,336
508 418
1,501 1,520
83 210
697 1,688
906 1,058
206 611
791 1,186
414 492
10,456 12,112
1,832 2,364
848 877
698 684
1,350 1,643
874 1,339
536 443
311 640
652 713
1,973 2,009
430 666
565 645
5564
RESULTS OF REFERENDUM ELECTIONS
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:
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1976, January/February session:
5568
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5569

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5570
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1978 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1979 Session of the General Assembly
5572
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1980 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 5573
Referendum Election Results: Acts of the 1981 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5574
To be held same date as the 1982 General Primary Election














For any information regarding these
ACTS and RESOLUTIONS please contact
DAVID B. POYTHRESS
Secretary of State
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