Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19820000 English
Page i
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF
GEORGIA 1982
19820000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Page iii
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 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
Page iv
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 beginning at page 2503, of Volume One. This volume is bound separately. Local and Special Acts and Resolutions are grouped in Volume 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 material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 828 3503 829 1 830 3 831 150 832 152 833 3508 834 3510 835 3519 836 156 837 3530 838 3562 839 3564 840 3568 841 3573 842 3575 843 158 844 158 845 165 846 3578 847 206 848 403 849 3582 850 410 851 412 852 420 853 3590 854 422 855 3592 856 425 857 3595 858 3598 859 3602 860 428 861 430 862 434 863 436 864 437 865 439 866 442 867 3607 868 444 869 3610 870 452 871 3612 872 3614 873 3616 874 3619 875 3621 876 479 877 3626 878 3627 879 3632 880 3638 881 486 882 3648 883 3678 884 3680 885 3684 886 3689 887 3692 888 3696 889 3700 890 3702 891 3705 892 488 893 493 894 495 895 3707 896 497 897 3715 898 501 899 3721 900 3723 901 3725 902 3728 903 3733 904 3736 905 3738 906 3745 907 3749 908 3753 909 3763 910 3766 911 3768 912 3772 913 3787 914 502 915 3789 916 3797 917 3803 918 504 919 3806 920 3843 921 3844 922 3846 923 3848 924 3851 925 3852 926 3854 927 3859 928 3861 929 3864 930 3866 931 3870 932 3872 933 3881 934 3885 935 3887 936 506 937 3890 938 3892 939 3894 940 3897 941 3899 942 3910 943 3913 944 507 945 3916 946 3919 947 509 948 3920 949 511 950 3923 951 3925 952 3929 953 3931 954 3935 955 3938 956 3940 957 513 958 3941 959 515 960 3943 961 3947 962 3950 963 3954 964 4001 965 4003 966 4006 967 4009 968 518 969 4012 970 4022 971 4024
972 4031 973 4038 974 4040 975 4042 976 4044 977 4046 978 4047 979 4049 980 4055 981 4057 982 4060 983 4061 984 4063 985 4066 986 4068 987 4071 988 4074 989 4078 990 4081 991 4085 992 4087 993 4089 994 4092 995 4094 996 4101 997 4103 998 4107 999 4109 1000 4111 1001 4115 1002 4118 1003 4120 1004 4122 1005 4124 1006 4126 1007 520 1008 4131 1009 4134 1010 4138 1011 4139 1012 4148 1013 4154 1014 4157 1015 4162 1016 4166 1017 4174 1018 4181 1019 521 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 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 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 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 1220 784 1221 786 1222 789 1223 792 1224 793 1225 796 1226 798 1227 800 1228 802 1229 804 1230 805 1231 807 1232 822 1233 824 1234 825 1235 826 1236 827 1237 830 1238 833 1239 834 1240 836 1241 843 1242 845 1243 847 1244 849 1245 850 1246 853 1247 856 1248 857 1249 864 1250 867 1251 869 1252 871 1253 873 1254 875 1255 877 1256 879 1257 881 1258 883 1259 886 1260 890 1261 892 1262 896 1263 897 1264 903 1265 906 1266 910 1267 913 1268 915 1269 920 1270 922 1271 925 1272 928 1273 930 1274 933 1275 4676 1276 934 1277 4717 1278 4725 1279 4781 1280 936 1281 4786 1282 4790 1283 4792 1284 4794 1285 4798 1286 4801 1287 937 1288 950 1289 952 1290 955 1291 959 1292 961 1293 964 1294 965 1295 968 1296 970 1297 974 1298 975 1299 978 1300 980 1301 982 1302 984 1303 986 1304 988 1305 989 1306 991 1307 993 1308 4829 1309 996 1310 4831 1311 4832 1312 4834 1313 4837 1314 4839 1315 4841 1316 4843 1317 4845 1318 4847 1319 4849 1320 4852 1321 4853 1322 4859 1323 4861 1324 4864 1325 4867 1326 999 1327 1001 1328 1019 1329 1023 1330 1054 1331 1056 1332 1060 1333 1063 1334 1065 1335 1073 1336 1075 1337 1077 1338 1081 1339 1085 1340 4869 1341 4896 1342 1087 1343 4909 1344 4915 1345 4926 1346 4935 1347 4985 1348 4987 1349 1089 1350 1093 1351 1095 1352 1097 1353 1101 1354 1103 1355 1105 1356 1106 1357 1108 1358 1110 1359 1111 1360 1114 1361 1116 1362 1118 1363 1120 1364 1122 1365 1134 1366 1136 1367 1144 1368 1148 1369 1150 1370 1153 1371 1156 1372 1163 1373 5002 1374 1171 1375 1174 1376 1175 1377 1177 1378 1178 1379 5031 1380 1180 1381 1181 1382 1183 1383 1184 1384 1186 1385 1187 1386 1189 1387 1192 1388 1197 1389 1199 1390 1204 1391 1207 1392 1212 1393 1217 1394 1221 1395 1224 1396 1227 1397 1228 1398 1230 1399 1232 1400 5040 1401 1234 1402 1242 1403 1244 1404 1245 1405 1249 1406 1251 1407 1253 1408 1254 1409 1255 1410 1257 1411 1262 1412 1263 1413 1264 1414 1267 1415 1271 1416 1273 1417 1278 1418 1281 1419 1283 1420 1285 1421 1287 1422 5046 1423 1288 1424 1290 1425 1292 1426 5049 1427 5051 1428 1356 1429 1361 1430 1364 1431 1369 1432 1371 1433 1373 1434 1376 1435 1385 1436 1416 1437 1431 1438 1463 1439 1476 1440 1486 1441 1493 1442 1499 1443 1502 1444 1504 1445 1512 1446 1568 1447 1577 1448 1578 1449 1582 1450 1584 1451 1589 1452 1592 1453 1597 1454 1601 1455 1603 1456 1605 1457 1607 1458 1610 1459 1612 1460 1617 1461 1619 1462 1621 1463 1624 1464 1629 1465 1633 1466 1637 1467 1644 1468 1650 1469 1653 1470 1658 1471 1659 1472 1661 1473 1667 1474 1670 1475 1676 1476 1678 1477 1686
1478 1689 1479 1693 1480 5072 1481 5096 1482 1694 1483 1699 1484 1706 1485 1716 1486 1726
1487 1729 1488 1737 1489 1751 1490 5099 1491 1753 1492 1768 1493 1771 1494 1779 1495 1781
1496 1782 1497 1784 1498 1787 1499 1789 1500 1791 1501 1804 1502 5100 1503 1807 1504 1810
1505 1813 1506 5101 1507 1853 1508 1855 1509 1860 1510 1862 1511 1864 1512 1867 1513 1871
1514 1876 1515 2076 1516 2107 1517 2188 1518 5114 1519 2199 1520 2207 1521 2211 1522 2214
1523 2215 1524 2219 1525 2222 1526 2224 1527 2228 1528 2244 1529 2248 1530 2261 1531 2266
1532 2269 1533 2271 1534 2273 1535 2274 1536 2283 1537 2286 1538 2298 1539 2300 1540 2304
1541 2306 1542 2308 1543 2310 1544 2319 1545 2321 1546 2325 1547 2333 1548 2336 1549 2339
1550 2359 1551 2360 1552 2362 1553 2367 1554 2370 1555 2374 1556 2376 1557 2378 1558 2382
1559 2389 1560 2403 1561 2478 1562 2483 1563 2485 1564 2495 1565 2496 1566 2497 1567 2499
1568 2500
RESOLUTIONS BY NUMBER Res. No. Page 84 3507 85 154 86 1300 87 1303 88
1305 89 1307 90 1309 91 1311 92 1313 93 1315 94 1317 95 1318 96 5054 97 5055 98 5056 99
1319 100 1320 101 1321 102 1322 103 1323 104 1325 105 5057 106 5058 107 1327 108 5059
109 5060 110 1328 111 1331 112 1333 113 1336 114 1338 115 1339 116 5061 117 2504 118 2505
119 2507 120 2509 121 2511 122 2513 123 2515 124 2517 125 2519 126 2522 127 2524 128 2540
129 2542 130 2544 131 2546 132 2547 133 2549 134 2551 135 2555 136 2556 137 2557 138 2563
139 2564 140 2566 141 2568 142 2570 143 2573 144 2575 145 2576 146 2578 147 2582 148 2584
149 2586 150 2588 151 2590 152 2592 153 2593 154 2595 155 2597 156 2598 157 2600 158 2601
159 2605 160 2607 161 2609 162 2610 163 2613 164 2615 165 2616 166 2618 167 2634 168 2635
169 2637 170 2639 171 2640 172 2643 173 2645 174 2647 175 2649 176 2653 177 2655 178 2657
179 2659 180 2663 181 2664 182 2669 183 2675 184 2677 185 2680 186 1341 187 1342 188 1345
189 1346 190 5062 191 5063 192 5064 193 5065 194 1348 195 5066 196 1349 197 5068 198 5069
199 1352 200 1355 201 5070 202 2195 203 2197
Page xii
BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. 48 1431 55 1506 56 1206 73 1432 76 Veto 18 84 1207 94 1386 127 1228 148 1537 153 1262 218 1433 251 1229 291 1387 307 1230 364 1263 371 1388 407 1092 425 1264 454 1231 455 1208 456 1209 460 1210 485 1389 530 Veto 19 558 1538 580 1482 589 1483 610 1513 629 1211 634 1265 638 1212 647 1157 717 1366 723 1266 732 1214 739 1215 767 1367 774 1434 780 1216 782 1217 813 1435 823 1218 856 1267 870 1219 883 1220 901 1268 902 1269 904 1436 931 1221 943 1064 944 1307 993 1539 1015 1065 1055 1270 1074 1368 1087 862 1097 844 1102 1437 1109 1540 1110 1541 1111 1066 1118 869 1141 829 1142 831 1144 881 1145 832 1147 837 1153 1222 1156 845 1157 1223 1158 1067 1160 1542 1161 1543 1162 1224 1167 Veto 23 1168 1068 1169 1069 1170 1070 1171 1071 1172 863 1175 1544 1179 1225 1181 1072 1182 1073 1184 1074 1189 1226 1191 1369 1192 1227 1197 1075 1200 1545 1202 1232 1204 1233 1205 1234 1206 1235 1207 1327 1209 1370 1210 1546 1212 1076 1218 1328 1222 1076 1223 1547 1224 1567 1229 1077 1230 1078 1231 1329 1235 847 1236 1514 1237 1330 1240 1548 1243 896 1245 1079 1246 1080 1249 1484 1250 1081 1251 1331 1252 1438 1256 Veto 20 1259 1485 1261 1371 1262 1082 1264 857 1266 858 1267 1332 1268 1271 1270 1549 1271 1083 1272 1084 1273 833 1274 1287 1276 850 1277 1085 1281 1288 1283 1550 1284 1289 1285 1272 1290 1439 1291 1273 1292 1290 1293 1440 1296 1047 1299 1291 1300 1292 1301 1551 1302 864 1303 1308 1304 1048 1307 1293 1308 1486 1313 1552 1314 1553 1315 1372 1319 1011 1321 1294 1323 1295 1324 1296 1327 1274 1328 1297 1335 1428 1336 1429 1337 1430 1339 1298 1340 1299 1341 935 1342 1351 1343 1093 1345 856 1348 1352 1349 1554 1351 1353 1352 1555 1355 1300 1357 1373 1358 1301 1359 865 1360 1049 1363 1441 1364 1302 1365 843 1368 1556 1373 1557 1375 1558 1378 1303 1380 1012 1381 1304 1382 1305 1384 1306 1385 1236 1386 1237 1387 1238 1389 1239 1390 Veto 24 1391 1559 1395 1442 1396 1013 1399 1240 1400 851 1401 1515 1402 1050 1403 1354 1404 1051 1406 1355 1407 1390 1408 1391 1410 866 1411 1052 1412 1014 1413 1241 1416 937 1417 938 1418 939 1419 1242 1421 1356 1424 1357 1426 870 1428 940 1429 1516 1433 1358 1434 941 1435 1560 1436 1517 1437 1359 1438 846 1440 942 1443 943 1444 1562 1445 944 1447 852 1449 1243 1450 1244 1451 945 1452 946 1453 871 1454 872 1455 947 1459 848 1464 1563 1467 1360 1470 1245 1471 948 1474 1246 1477 853 1478 838 1479 1247 1480 882 1481 883 1483 949 1486 1340 1487 950 1488 895 1490 1561 1491 1392 1492 1094 1495 1444 1497 1095 1499 1248 1501 1341 1502 1361 1503 951 1504 952
1505 867 1506 953 1508 1564 1509 1333 1513 1393 1518 1334 1519 1335 1523 954 1524 955 1525 1487 1527 1336 1529 1362 1531 956 1532 957 1533 1565 1534 1363 1537 958 1538 959 1541 1337 1546 1361 1547 1394 1549 1338 1550 1339 1551 999 1552 998 1553 1249 1554 1250 1555 1015 1557 854 1558 1365 1560 1000 1563 1251 1564 1001 1565 1002 1566 1003 1567 1004 1568 1005 1569 1006 1570 849 1571 835 1575 839 1576 840 1577 841 1578 842 1584 1252 1585 1374 1586 1342 1587 876 1589 877 1594 1096 1595 1007 1596 873 1597 1008 1599 1109 1601 1253 1609 878 1610 879 1612 874 1616 936 1618 1254 1622 1110 1623 1111 1624 1112 1625 1097 1626 1113 1629 1114 1630 1375 1631 1255 1634 1256 1635 1115 1636 1395 1638 1396 1640 1116 1641 1376 1642 1257 1644 1117 1646 1118 1647 1119 1649 1120 1650 1121 1651 1122 1653 1123 1661 1124 1662 1125 1663 1126 1664 1127 1665 1128 1666 960 1667 961 1668 962 1669 963 1671 1377 1672 1016 1673 986 1674 891 1675 987 1677 988 1679 989 1680 880 1681 990 1683 1518 1687 855 1689 991 1690 992 1691 1017 1693 1378 1695 1258 1698 1053 1700 1309 1701 859 1702 993 1705 994 1706 1259 1707 1379 1710 995 1711 996 1712 997 1713 1009 1714 1380 1715 894 1717 1010 1718 897 1719 898 1720 899 1721 900 1724 1443 1725 1343 1727 901 1728 1344 1729 1381 1730 1397 1731 902 1732 1098 1736 Veto 21 1737 1018 1739 903 1740 904 1741 905 1742 1566 1744 906 1748 907 1749 1019 1751 908 1752 1260 1753 909 1755 1382 1758 910 1759 911 1760 1020 1766 1021 1767 1022 1768 1023 1773 1507 1774 1383 1775 1024 1776 1398 1779 1025 1780 1399 1781 1026 1782 1027 1783 1261 1784 1129 1785 1130 1786 1131 1787 1132 1788 1133 1789 1134 1790 1135 1792 1136 1793 1137 1794 1138 1795 1139 1796 1140 1797 1141 1798 1142 1799 1143 1800 1144 1801 1147 1802 875 1804 1146 1805 1145 1806 1099 1807 1100 1808 1101 1809 1102 1810 1103 1811 1028 1812 1345 1813 1104 1814 1384 1815 1105 1816 1086 1817 1087 1818 1088 1819 1089 1822 1090 1823 1310 1825 1400 1826 1311 1829 1312 1830 1313 1831 1314 1832 1315 1833 1316 1834 1317 1835 1318 1836 1275 1837 1319 1838 1385 1839 1320 1841 884 1842 885 1843 886 1844 887 1845 888 1847 1488 1848 1321 1850 1322 1851 1323 1852 1324 1853 1325 1854 1158 1855 1159 1856 1160 1857 1161 1858 1162 1859 1029 1860 1163 1862 1164 1863 1165 1864 1166 1865 1167 1866 1168 1867 1169 1868 1170 1869 1171 1870 1172 1871 1173 1872 1030 1874 1031 1875 1032 1876 1033 1877 1276 1878 1034 1879 1035 1881 1036 1882 1037 1883 1038 1884 1039 1885 1040 1886 1041 1887 1277 1888 1278 1889 967 1890 889 1891 1042 1893 1043 1894 1174 1896 1175 1897 1176 1898 1279 1899 968 1900 1445 1901 1177 1902 1178 1903 1179 1904 1180 1906 1508 1908 1346 1909 1181 1910 1182 1911 1183 1912 1184 1918 1185 1919 969 1920 1186 1921 1326 1922 970 1926 1280 1927 1187 1928 1188 1929 1189 1930 971 1931 972 1937 1190 1939 1191 1941 1347 1942 973 1943 1281 1944 1192 1945 1282 1946 1283 1947 1193 1948 1148 1949 1284 1950 1285 1951 974 1952 975 1953 976 1956 977 1957 1348 1958 978 1959 979 1960 980 1961 981 1962 982 1963 983 1964 890 1965 984 1966 985 1967 1106 1968 1107 1969 1149 1970 1286 1971 1108 Senate Bill Act No. 4 1519 60 1520 78 1446 83 1521 142 1447 147 917 165 1502 197 918 207 1401 208 1489 227 1402 253 1199 312 1403 325 1448 343 Veto 13 344 1404 364 1200 379 1201 417 1405 430 919 446 924 457 1490 458 925 463 1522 464 1202 468 1491 469 928 470 Veto 22 471 1492 474 830 476 1406 477 1407 479 1523 480 1524 482 1408 485 1449 489 1450 491 1409 497 1451 498 1525 499 1568 500 1452 502 1453 503 1410 505 1411 506 1454 509 1412 511 Veto 14 517 1413 519 1510 522 Veto 15 523 1455 528 1414 531 1456 538 1415 540 1526 546 929 547 930 549 920 550 1527 551 1457 552 1528 555 1458 558 Veto 16 560 1416 564 1203 567 1459 579 1503 581 1529 582 1460 583 1417 584 Veto 17 590 1461 591 836 592 1462 593 1463 596 1464 599 1465 601 1530 602 1466 603 1418 604 1531 608 1419 610 834 611 921 616 1532 617 1533 620 1467 622 1420 623 1468 624 1421 625 860 626 1493 628 922 629 923 630 1194 631 1195 632 1494 633 1196 634 1197 636 1150 637 1151 638 1198 639 1469 642 1534 644 1470 650 1495 651 1152 652 931 653 1422 654 1153 655 1471 659 1154 660 1204 661 1472 662 1496 663 1423 664 932 666 892 667 1424 669 1497 678 1205 680 1498 681 861 683 1504 684 1473 685 1474 686 1155 687 1156 688 912 689 1425 692 933 693 1499 696 1475 698 1091 700 934 701 893 703 1535 709 1349 710 1509 711 1476 712 868 713 1500 714 1350 715 1511 716 913 717 914 720 1536 726 915 728 1505 729 916 730 1477 735 1501 737 1044 742 1426 746 1054 747 1478 751 1055 752 1056 755 1057 756 1058 757 1045 758 1479 759 1059 760 1060 764 1512 769 1061 770 1062 771 1046 773 1063 774 1480 775 926 776 927 777 964 778 965 779 966 780 1481 782 1427 House Resolution Res. Act No. 27 96 57 97 106 98 158 132 243 190 253 84 265 99 303 133 331 191 510 134 513 135 514 100 517 136 518 192 519 101 528 193 533 194 536 85 540 137 542 102 545 195 559
103 562 104 563 138 573 139 577 196 583 105 585 106 589 107 591 140 592 108 593 109 594 141 596 197 597 142 617 143 619 110 622 144 624 111 625 145 634 146 636 147 639 148 640 149 656 198 657 150 658 203 663 151 668 112 669 152 Senate Bill Act No. 670 153 671 154 672 155 698 156 699 157 700 158 701 159 705 160 707 113 710 199 713 161 715 114 716 162 718 163 730 164 740 165 741 166 743 167 746 168 747 115 748 169 751 170 753 171 755 116 758 172 774 173 775 174 777 175 780 176 782 200 787 177 789 178 793 179 813 180 816 181 817 182 822 183 823 184 826 185 828 201 Senate Resolution Res. Act No. 29 186 38 117 120 86 171 87 225 118 226 187 227 119 229 88 249 89 250 90 264 120 266 121 267 122 270 188 271 91 274 202 275 92 281 93 292 123 293 124 294 125 309 126 310 94 320 127 321 128 324 95 330 129 333 130 340 131 346 189
Page 3501
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF
GEORGIA 1982
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Page 3503
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 CALHOUN COUNTYSMALL 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,
Page 3504
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 subsection (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 subsection (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.,
Page 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.
Page 3506
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.
Page 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 doctor's 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.
Page 3508
STATE COURT OF COWETA COUNTYSALARIES 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, particularly 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 commissioners 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 commissioners 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:
Page 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 Conern: 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.
Page 3510
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 COUNTYBOARD 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
Page 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 member's 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
Page 3512
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
Page 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
Page 3514
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
Page 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
Page 3516
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
Page 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 () NO Shall the Act providing for new education districts for the election of the members of the Board of Education 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.
Page 3518
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.
Page 3519
DOUGHERTY COUNTYCOMMISSION 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 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), 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
Page 3520
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 centerline 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 direction 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:
Page 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 centerline 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
Page 3522
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 centerline 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 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 easterly along the centerline of the Flint River to its intersection with Piney Woods
Page 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 centerline 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);
Page 3524
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 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 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 Dougherty 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
Page 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 centerline 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.
Page 3526
Commission District 6 shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Dixie Highway (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 Railroad; 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 (MitchellDougherty County Line); thence running in a westerly direction along the south line of Dougherty County (MitchellDougherty County Line) to the centerline 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
Page 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 elected 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
Page 3528
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 District 1 and the incumbent Commissioner who shall represent Commission 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 Commissioners 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 commissioners 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 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 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the Board of Commissioners
Page 3529
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 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: Jan. 1, 8 15, 1982.
Page 3530
/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 REGISTERINCORPORATED. 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, vacancies, 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 Council; 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
Page 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 municipal 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 contracting 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. Section 1.11 . CORPORATE BOUNDARIES. (a) The boundaries of the Town of Register shall embrace and shall extend a
Page 3532
distance of one-half of one mile in every direction from the center of the present intersection of the Seaboard Coast Line Railroad Company 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, including 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 assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the
Page 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 appropriations for the government of the Town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the Town; (5) Municipal Debts. To appropriate and borrow money for the payment of debts of the Town and to issue bonds for the purpose of raising revenue to carry out any project, program or venture 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 authority, under Section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of water works, 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;
Page 3534
(10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the 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 charitable, 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 construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of building and all other structures;
Page 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 punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the Town and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the Town; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety 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;
Page 3536
(22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, 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 corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the Town and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the Town's 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
Page 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 hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the Town; (31) Taxicabs. To regulate and license vehicles operated for hire in the Town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the Town; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) Town Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, 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;
Page 3538
(37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the Town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the Town; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the 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 provided by pertinent laws of the State of Georgia.
Page 3539
ARTICLE II GOVERNING BODY Section 2.10 . CREATION; COMPOSITION; NUMBER; ELECTION. The governing authority of this Town shall be composed 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 qualification of their respective successors. The Mayor shall serve for a term of two years and until the election and qualification of a successor. No person shall be eligible to serve as Mayor or Councilman unless such person shall have been a resident of the area comprising the corporate limits of the Town of 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 incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) A vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in ARTICLE V of this charter. (c) The Mayor or any Councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is
convicted of a crime involving moral turpitude.
Page 3540
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 Town's 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 inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this 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 departments expressly provided for by this charter.
Page 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 administrative work of the Town and provide for the coordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) may submit to the Council at least once a year a statement covering the financial conditions of the 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;
Page 3542
(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 ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his veto. The Clerk shall record upon the ordinance the date of its delivery to and receipt from the Mayor. (c) Ordinances vetoed by the Mayor shall be presented by the Clerk to the Council at its next meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote of 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 Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above. Section 2.21 . MAYOR PRO 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 Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council.
Page 3543
Section 2.22 . ORGANIZATION MEETING. (a) The Mayor and Council initially elected under this charter shall meet for organization on the second Tuesday in May, 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 Constitution and laws of the State of Georgia and of the United States of America. (b) Following the induction of members, the Council, by majority vote of all the members thereof, shall elect one of their number to be Mayor Pro Tem, 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 time 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 amy 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 unanimous consent of all members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting.
Page 3544
(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 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..... 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.
Page 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 ordinances. Section 2.28 . CODES OF TECHNICAL REGULATIONS. (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be 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, RECORDING, CODIFYING, PRINTING. (a) The Town Clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all the ordinances of the Town. The general codification shall be adopted by the Council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as The Code of the Town of Register, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the Town and
Page 3546
made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this 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. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . ADMINISTRATIVE AND SERVICE DEPARTMENTS. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the 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 administration 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,
Page 3547
after a hearing, may override the Mayor's action by a vote of four Council members. Section 3.11 . BOARD, COMMISSIONS AND AUTHORITIES. (a) The Council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-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 reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on a board, commission or authority of the 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.
Page 3548
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 Town's 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 municipalities. Section 3.15 . TOWN ACCOUNTANT. The Council may appoint a Town Accountant to perform the duties of an accountant. Section 3.16 . CONSOLIDATION OF FUNCTIONS. The Council may consolidate any two or more of the positions of Town Clerk, Town Tax Collector and Town Accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. ARTICLE IV MUNICIPAL COURT Section 4.10 . CREATION OF RECORDER'S COURT. There is hereby established a court to be known as the Recorder's 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.
Page 3549
Section 4.11 . MAYOR TO BE JUDGE OF RECORDER'S COURT. (a) The Recorder's 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 Associate Judge of the Recorder's Court unless he shall have attained the age of 21 years and be a resident of the same judicial circuit as the Recorder's Court is located in. All Associate Judges shall be appointed by Council. (c) Compensation of the Judges shall be determined by a majority 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 Recorder's 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 Recorder's Court shall try and punish for crimes against the Town and for violation of its ordinances. The Recorder's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one hundred dollars. The Recorder's 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 Recorder's 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 Recorder's 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.
Page 3550
(c) The Recorder's Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two 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 Recorder's 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 Recorder's Court shall have the same authority as superior courts to complete the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Recorder's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Recorder's Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town granted by general State laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . APPEAL. The right of appeal 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
Page 3551
the date of his conviction in the Recorder's 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 Recorder's 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 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
Page 3552
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 qualification 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 candidates for Town offices shall be listed without party labels. Section 5.14 . OTHER PROVISIONS. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, 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:
Page 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
Page 3554
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 corporations who transact business in this Town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the Town and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude Town regulation. Such fees may reflect the total 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 6.15 . 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,
Page 3555
sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessment 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 assignment or transfer of tax executions. Section 6.18 . TRANSFER OF EXECUTIONS. The Town Clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi.fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and 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.
Page 3556
Section 6.19 . GENERAL OBLIGATION BONDS. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20 . REVENUE BONDS. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. 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 requirements as to the scope, content and form of such budgets and programs. Section 6.24 . ADDITIONAL APPROPRIATIONS. The Council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which is applies. Section 6.25 . CAPITAL IMPROVEMENTS BUDGET. (a) The Mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the
Page 3557
proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, provided that such authorization is passed by 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, however, that the Mayor may submit amendments to the capital
improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments 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 Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or Federal governments may be accepted as satisfying the requirements of this charter. 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.
Page 3558
(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 Town's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided,
Page 3559
however, no franchise shall be granted for a period in excess of thirtyfive 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 franchises 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.
Page 3560
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, 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 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
Page 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.
Page 3562
STATE COURT OF DOUGHERTY COUNTYJUDGE'S 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.
Page 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 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: Jan. 16, 23 30, 1982. /s/ Tommy Chambless Representative, 131st District
Page 3564
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 COUNTYTAX 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:
Page 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 becoming 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 commissioners 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:
Page 3566
(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 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 either of the assistants 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 commissioner 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 officer's 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 commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 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.
Page 3567
Section 6 . 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), 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.
Page 3568
/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 COUNTYCLERK 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.
Page 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 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 clerk 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 clerk, during said officer's 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
Page 3570
specifically provided that the funds necessary to pay the compensation 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, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for 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 . 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.
Page 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 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 clerk 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 clerk, during said officer's 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 clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 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.
Page 3572
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.
Page 3573
UNION COUNTYJUDGE 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.
Page 3574
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
Page 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 COUNTYSHERIFF 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.
Page 3576
(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 fouryear 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 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 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
Page 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 officer's 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,
Page 3578
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:
Page 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 material 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 tem shall serve in the absence, disqualification, or resignation of the judge. The judge pro tem 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
Page 3580
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 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 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 prisoners 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 mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances.
Page 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 reasonable 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 regulations 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
Page 3582
and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following dates: 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 COUNTYBOARD 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
Page 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 reconstituted 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.
Page 3584
(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 commissioner 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 commissioner 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 districts shall consist of the following described territory within Lowndes County: Commissioner District No. 1 Lowndes Tracts 9901 and 9902 Tract 9903
Page 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
Page 3586
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 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.
Page 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 population 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 superintendent 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:
Page 3588
() YES () NO Shall the Act changing the composition 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,
Page 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.
Page 3590
WILCOX COUNTYSHERIFF'S 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 Sheriff's Office in Wilcox County affecting the Sheriff's salary.
Page 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 Legislation 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.
Page 3592
CITY OF GROVETOWNJUDGE 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 candidate 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 offenders 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.
Page 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 January-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 designate 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.
Page 3594
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 Tem, City of Grovetown, Georgia Morris O. 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
Page 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 ATLANTADUTIES 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:
Page 3596
(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 Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and-or An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; to provide for the officials and employees of the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, and for other purposes. This 28th day of December, 1981. William M. (Bill) Alexander Legislative Coordinator, City of Atlanta
Page 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.
Page 3598
CITY OF EAST POINTELECTIONS, 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
Page 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.
Page 3600
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.
Page 3601
City of East Point, Georgia By: George N. Sparrow, Jr. East Point City Attorney Publisher's Affidavit. State of Georgia. County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 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.
Page 3602
CHEROKEE COUNTYBOARD 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
Page 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
Page 3604
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.
Page 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 population 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. Members of the board of education shall be deemed to represent the education district provided for in subsection (a) which number corresponds to the education district for which they were elected. Beginning with the primary and general elections held in 1982 and thereafter 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 () NO Shall the Act providing for education 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.
Page 3606
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 Legislation 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.
Page 3607
CITY OF ATLANTAMEMBERS 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:
Page 3608
(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 Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows: An Act to
amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such
City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and-or
An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the
Atlanta School System; to provide for the officials and employees of the Atlanta School System; and for other purposes,
approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, and for other purposes.
Page 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.
Page 3610
STATE COURT OF COBB COUNTYADDITIONAL 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 provided 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.
Page 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 equipment, 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 Al 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,
Page 3612
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 COUNTYSHERIFF'S 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:
Page 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 Introduce 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
Page 3614
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 COUNTYTAX COMMISSIONER'S 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 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), 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:
Page 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 perquisites 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 Introduce 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.
Page 3616
/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 COUNTYCOMPENSATION 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
Page 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 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 $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 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 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
Page 3618
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.
Page 3619
LOWNDES COUNTYJURISDICTION 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.
Page 3620
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 Introduce 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. /s/ Robert L. Patten Representative, 149th District
Page 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 COUNTYMAGISTRATES. 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
Page 3622
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 magistrates, 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.
Page 3623
(e) The two magistrates, in performing their duties and responsibilities, 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 discharge the duties of the magistrates temporarily when the services of a magistrate pro hac vice are required or when the magistrates are unable or disqualified to discharge the duties of their office. In the event the magistrates disagree as to the selection of a magistrate pro hac vice or any other matter respecting the magistrate pro hac vice, the magistrate senior in service shall make the decision unless he is the one unable or disqualified, in which case the remaining magistrate shall make the selection. When the appointment of such a person as magistrate pro hac vice, together with his oath, which shall be the same as is required of the magistrate, has been recorded in the office of the judge of the probate court of the county, such magistrate pro hac vice may exercise all the powers of the magistrate. His appointment may be vacated at any time by order of the magistrates to be likewise recorded, and any other competent person who is a resident of Cobb County may be appointed as magistrate pro hac vice as herein provided. The compensation of such 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
Page 3624
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 performance 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.
Page 3625
Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 3626
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.
Page 3627
TWIGGS COUNTYELECTION 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 conditions 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
Page 3628
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.
Page 3629
(c) Each district member of the board of education shall be a resident of the respective education district during the member's 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 preceding 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
Page 3630
in equal monthly installments from the funds of the board of education. 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 () NO Shall the Act providing for the election of the members of the Board of Education of Twiggs County be approved?
Page 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
Page 3632
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 Introduce 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 COUNTYELECTION 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
Page 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
Page 3634
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.
Page 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 commissioner 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.
Page 3636
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 attendance 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 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
Page 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 Introduce 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
Page 3638
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 COUNTYELECTION 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
Page 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 intersection 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 intersection 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;
Page 3640
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 intersection 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 Southern Railway to the intersection of Pates Creek;
Page 3641
Running thence Southwest along Pates Creek to the intersection of Interstate Highway No. 75; Thence Northwest along Interstate Highway No. I-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 intersection of the Southern Railway tracks; Thence North along the Southern Railway tracks to the intersection 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;
Page 3642
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 Highland 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;
Page 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 intersection 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;
Page 3644
Running thence along the City Limits around the City of Stockbridge, 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. I-75; Thence Northwest along Interstate Highway No. I-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;
Page 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 Highland 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;
Page 3646
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 intersection 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 Commissioners 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.
Page 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 successors 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, particularly 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
Page 3648
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 PARKNEW 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
Page 3649
provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for election and removal of officers; to provide for a mayor's 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 conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I
INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of 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. Section 1.11 . 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,
Page 3650
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 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 southeast 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:
Page 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 government of the city to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (4) 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 corporate 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 withdraw
Page 3652
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 playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, 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; (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 construction 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
Page 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 fortunetelling 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 regulations 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 business
Page 3654
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, 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; (28) To define a nuisance and provide for its abatement; (29) 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; (30) To establish minimum standards for and 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 and regulations; (31) To provide that persons given jail sentences by the mayor's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city, or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
Page 3655
(32) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, 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 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 ordinance; 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 assessments to cover the costs for any public improvements; (38) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (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;
Page 3656
(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.
Page 3657
ARTICLE II MAYOR AND COUNCIL Chapter 1 General Provisions Section 2.10 . Creation and Composition; Number. The corporate 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 person's 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 incumbent's 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 subsection (b) of this section, shall be filled by the remaining councilmen as follows:
Page 3658
(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 councilmen 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 penalties 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, administer
Page 3659
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
Page 3660
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
Page 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 introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilman and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.41 . Emergency Ordinances. To meet a public emergency 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
Page 3662
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 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 prescribed 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 construed 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; Codification; 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.
Page 3663
(c) The city council shall cause each ordinance and each amendment 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 city's 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 faithfully executed; (2) With advice and consent of city council, appoint, suspend, 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;
Page 3664
(5) Recommend to the city council such measures connected with the affairs of the city, the protection and improvement 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 operating 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 compensation 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 meetings 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
Page 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 malfeasance 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 contracting 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
Page 3666
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 property
Page 3667
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 preparation and execution of an annual operating and a capital improvements 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
Page 3668
other comments and information as the mayor may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 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 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 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 balance of the appropriation, or allotment thereof, to which it is chargeable. 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
Page 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 mayor's 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, 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 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 mayor's recommendations thereon, to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective 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.
Page 3670
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 cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered 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
Page 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 highest 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 subsection (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 Mountain 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
Page 3672
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 councilman shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 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.
Page 3673
(b) For the purposes of paragraph (1) of subsection (a) of this section, the city council is authorized to subpoena witnesses, administer oaths, and require the production of documents and evidence. ARTICLE VII MAYOR'S COURT Section 7.10 . Creation. (a) There is established a court to be known as the Mayor's 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 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 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 presided 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 mayor's 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 mayor's 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 mayor's court shall try and punish for crimes against the City of Mountain Park and for
Page 3674
violation of its ordinances. The mayor's 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 mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both and, as an alternative to fine or imprisonment, may sentence any offender upon conviction to labor in the city work gang or on the streets for a period not exceeding 90 days. (b) The mayor's 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 mayor's court shall have authority to administer oaths and perform all other acts necessary or proper to the conduct of said court. (d) The mayor's 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 mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served or executed by the marshal of such court or by any other officer so authorized by this charter or by state law. (f) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Mountain Park granted by state laws generally to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 7.13 . Certiorari. Certiorari from the superior court to the mayor's 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 mayor's 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
Page 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 inconsistent 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.
Page 3676
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 separately 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.
Page 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.
Page 3678
CITY OF ROSWELLCORPORATE 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. Notwithstanding 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, MariettaRoswell 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 southeast, 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
Page 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,
Page 3680
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 COUNTYCOMPENSATION 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 compensation, 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.
Page 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 compensation, 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 compensation 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 officer's 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 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:
Page 3682
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 clerk's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's 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 officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's 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.
Page 3683
Section 6. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from
any funds of the county available for such purpose. 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,
Page 3684
deposes and says that he/she is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: 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 COUNTYCOMPENSATION 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.
Page 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 compensation 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 compensation 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 officer's 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:
Page 3686
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 sheriff's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the sheriff's office, together with the suggested compensation to be paid each employee. Except as otherwise 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 officer's term of office, to designate and name the person or persons who shall be employed as such deputies,
clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's 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 discretion 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 compensated 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
Page 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 sheriff's 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 sheriff's 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 governing 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 emergency or for urgent duties connected with the effective operation of the sheriff's 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.
Page 3688
Section 11. (a) The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. 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
Page 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 Introduce 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 COUNTYCOMPENSATION 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.
Page 3690
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 attendance 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 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.
Page 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 Introduce 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
Page 3692
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 COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 887 (House Bill No. 1844). AN ACT To amend an Act providing an annual salary for the Tax Commissioner 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 compensation, 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 commissioner
Page 3693
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 compensation 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 officer's 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 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 commissioner's 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 commissioner's 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
Page 3694
said office. It shall be within the sole power and authority of the tax commissioner, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's 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 compensated 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 commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. 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.
Page 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 Introduce 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
Page 3696
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 COUNTYCOMPENSATION 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 compensation, 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 compensation, 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
Page 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 compensation 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 officer's 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 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
Page 3698
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 officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's 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, furnishings, furniture, utilities, 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.
Page 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 Introduce 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
Page 3700
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 COUNTYCOMPENSATION 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 Commissioner of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as amended, particularly by an Act approved 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:
Page 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:
Page 3702
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 COUNTYTAX 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 commissioner's office; to provide for audits of the tax commissioner's office; to provide for all related matters; to repeal conflicting laws; and for other purposes.
Page 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 commissioners. 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:
Page 3704
Section 8.1. A complete audit of all records and affairs of the tax commissioner's 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.
Page 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 COUNTYMEMBERS, 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 commissioners 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
Page 3706
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 predecessor's 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
Page 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.
Page 3708
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,
Page 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
Page 3710
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
Page 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
Page 3712
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.
Page 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.
Page 3714
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.
Page 3715
WORTH COUNTYBOARD 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
Page 3716
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
Page 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 population
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:
Page 3718
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, members 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 previous 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
Page 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
superintendent shall issue the call for such election at least 30 days prior to the date thereof. () YES () NO Shall the Act
providing for commissioner districts and providing for the election of the members and chairman of the board of commissioners 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
Page 3720
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 Introduce 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.
Page 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, particularly 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 Authority, 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:
Page 3722
The chairman shall be compensated in the sum of $100.00 per month, the secretary $75.00 per month, and each of the other members $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 subsection (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 compensated 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,
Page 3723
deposes and says that he/she is Representative from the 72nd District, 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.
Page 3724
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,
Page 3725
deposes and says that he/she is Representative from the 72nd District, 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 COUNTYACCUSATIONS. 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.
Page 3726
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 declaratory 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.
Page 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 Al 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/ Georgia W. Darden Representative, 19th District
Page 3728
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 COUNTYCOMMISSIONER 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:
Page 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
Page 3730
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 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
Page 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
Page 3732
(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
population 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
Page 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 Introduce 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 COUNTYSMALL 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
Page 3734
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 character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 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 accordance with the provisions of the general election laws of the state.
Page 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 establishing 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
Page 3736
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 COUNTYTAX 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.
Page 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, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and 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
Page 3738
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 COUNTYCOSTS, 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, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2410), so as
Page 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:
Page 3740
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 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 marchal's 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
Page 3742
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.
Page 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 proceedings 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 marshal's 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.
Page 3744
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.
Page 3745
CITY OF LaGRANCECORPORATE 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 subparagraph (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 Coordinates 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;
Page 3746
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 (50foot 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 Southwest 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
Page 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
Page 3748
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 administer oaths, appeared Glen O. Long who, on oath, deposes and says that he is the Publisher of the LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia, are published; that the advertisement Notice of Intention to Introduce Local Legislation which is hereby set forth, was duly published in
Page 3749
said newspaper on the dates of January 22, 1982, January 29, 1982, and February 5, 1982. /s/ Glen O. 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 COUNTYELECTION, 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
Page 3750
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
Page 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 () NO Shall the Act providing for the election of the school superintendent of Cook County by the qualified 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 Superintendent 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
Page 3752
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.
Page 3753
FRANKLIN COUNTYBOARD 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 composed of five persons elected thereto and appointing the superintendent 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 education districts; to provide for qualifications of the board and superintendent; to provide for the manner of election of the board and superintendent and the manner of appointment of the superintendent, 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
Page 3754
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
Page 3755
preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, 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 preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. (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
Page 3756
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 subsection (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 occuring 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 superintendents except as otherwise provided in this section.
Page 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)
Page 3758
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 represent, 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
Page 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 preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. (c) All members elected to 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
Page 3760
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 section. 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 Education 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 the three following proposals:
Page 3761
() Proposal No. 1: For approval of Part 1 of this Act, which provides for the election of a five-member Board of Education of Franklin County and for the appointment 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 election of a five-member Board of Education 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 superintendent 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.
Page 3762
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 Superintendent. 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.
Page 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 COUNTYASSISTANT 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, particularly 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 assistant 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, particularly 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:
Page 3764
(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 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. 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., 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 magistrates 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.
Page 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 Al 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.
Page 3766
/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 COUNTYCORONER'S 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.
Page 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 Introduce 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
Page 3768
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 COUNTYSMALL 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:
Page 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
Page 3770
the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $20.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 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.
Page 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
Page 3772
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.
Page 3773
(2) 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 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 instrument
Page 3774
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 improvements located or to be located within the development area and the acquisition, installation,
modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of
any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or
other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment
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 authority 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 Constitution 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.
Page 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 foregoing, 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, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of the public purpose of the authority; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of 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 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 identures; trust agreements; agreements for the sale of its revenue bonds, notes, or other obligations; loan agreements; mortgages; deeds to secure debt; trust deeds; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying
Page 3776
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 authority's 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; (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, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county or for the use by any state institution or any city, town, municipality, or county of any
facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are by law authorized to undertake; (11) 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 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, security
Page 3777
agreement, assignment, or other instrument of such provisions 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 authority's 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 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 agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property 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
Page 3778
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 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; (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 revitalization 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
Page 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. Thereafter, 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 authority 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 serving 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.
Page 3780
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 intersection 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, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the 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, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the directors of the authority then in
Page 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 obligations which any authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. 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 procedures. (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 determined by the board of directors of the authority. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by 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, mortgage, 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.
Page 3782
(d) The authority shall have the power and is authorized, whenever 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 registered, and may be subject to exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (2) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of 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
Page 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 construed 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 redevelopment 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 resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
Page 3784
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 indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, 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 governmental function in the exercise of the power conferred upon it by this Act; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder 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
Page 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.
Page 3786
Roy E. Barnes Haskew Brantley Joe Lee Thompson Al 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.
Page 3787
HANCOCK COUNTYSMALL 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
Page 3788
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.
Page 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 COUNTYELECTION 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:
Page 3790
Section 2. Commissioner districts. (a) The board of commissioners shall consist of five members who shall be elected
as hereinafter 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 portion 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 portion 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
Page 3791
Commissioner District 3 shall be composed of the following portion 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
Page 3792
Commissioner District 4 shall be composed of the following portion 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 portion 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
Page 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 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 Wayne County which is not included in any commissioner district described in subsection
(a) of this section shall be included within that commissioner 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
Page 3794
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 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 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 accordance 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
Page 3795
such election for Tuesday next following the first Monday in November, 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 () NO Shall the Act providing new districts 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 effective 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.
Page 3796
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
Page 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 COUNTYSCHOOL 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:
Page 3798
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:
Page 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)
Page 3800
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 Districts 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 provisions 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:
Page 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 member's 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
Page 3802
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 Education, 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.
Page 3803
BALDWIN COUNTYSMALL 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 garnishment and attachment and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 2 . 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
Page 3804
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 subsection (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, however, 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.
Page 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, (Ga. Laws 1967, p. 3312), as amended; and for other purposes. This 29 day of December, 1980. Culver Kidd Senator, 25th District Publisher's 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 newspaper 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
Page 3806
Subscribed and sworn before me, this 18 day of Jan., 1981. /s/ Chester L. Gunby. Notary Public. (Seal). Approved April 12, 1982. CITY OF GUYTONNEW 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
Page 3807
Section 1.10. Incorporation. This Act shall constitute a new charter for the City of Guyton in the County of Effingham, hereinafter 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 immunities 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 boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
Page 3808
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 assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law. (3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees. (4) Appropriations and expenditures. To make appropriations for the 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.
Page 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 authority 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, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced. (10) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with valid regulations 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
Page 3810
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 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; 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 punishment of drunkenness, riots, and public disturbances. (16) Special areas of public regulation. To regulate and prohibit junk dealers, pawnshops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control, 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 professional fortunetelling, palmistry, adult bookstores, and massage parlors. (17) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances. (18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
Page 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 deterimental 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, 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; 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.
Page 3812
(25) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (26) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof. (27) Jail sentences. To provide that persons given jail sentences in the city's court shall work out such sentence in any public
works or on the streets, roads, drains, and squares in the city or to provide for commitment of such persons to any county 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 ordinance; 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 insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (31) Special assessments. To levy and provide for the collection 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.
Page 3813
(33) 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. (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 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. (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 desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia.
Page 3814
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; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four 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
Page 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 incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or 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 interested. (a) Except as authorized by general state law, the mayor or council member shall not hold any other city office or city employment during the term for which he was elected. (b) Neither the mayor nor any member of the city council shall vote upon 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 performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or
Page 3816
would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest, 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
Page 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 election to any public office. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.16. 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
Page 3818
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 member's presence. Only the business stated in the call may be transacted at the special meeting.
Page 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 provisions 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.
Page 3820
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 emergency ordinances. Section 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as 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.
Page 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 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 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 amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. 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.
Page 3822
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 mayor's 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 administrative work of the city and provide for the coordination of administrative 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 statement 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);
Page 3823
(8) Approve or disapprove ordinances as provided in Section 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 ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 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 mayor's 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.
Page 3824
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 administrative 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 administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by council. The mayor may suspend or remove directors under his supervision but such shall not be effective for 21 calendar days following the mayor's 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 mayor's action by a vote of three council members.
Page 3825
Section 3.11. Board, commissions, and authorities. (a) The city council shall creat by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general slate law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) 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
Page 3826
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 city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a 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.
Page 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 employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel 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
Page 3828
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.
Page 3829
(f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, 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 mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of 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; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court 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
Page 3830
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.
Page 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 abovedescribed 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
Page 3832
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
Page 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 ordinance 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 ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Franchises. The city council shall have the right to grant franchises for the use of this city's streets and alleys for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable
time of all franchises previously granted. Section 6.15. 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.
Page 3834
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law; and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes and fees. The 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 executions 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. 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 undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds
Page 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 accordance 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 preparation. 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
Page 3836
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 availability 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 authority 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.
Page 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 appropriation 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 transactions 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 requirements 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:
Page 3838
(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.
Page 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.
Page 3840
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 regulations. 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 municipal 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 specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 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.
Page 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 separately 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 amendatory 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 reincorporate 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
Page 3842
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 Springfield 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 advertisement 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.
Page 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.
Page 3844
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. PUTNAM COUNTYCORONER'S 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 compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the coroner of Putnam County for his services as such.
Page 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
Page 3846
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 COUNTYCOMPENSATION 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.
Page 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
Page 3848
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 COUNTYCOMPENSATION 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:
Page 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 salry 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
Page 3850
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: 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.
Page 3851
CLERKS OF SUPERIOR COURTSSTORAGE 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.
Page 3852
STATE COURT OF HALL COUNTYCOMPENSATION 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 annual salary for district attorneys from state funds only, on or after January 1, 1983.
Page 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 conflicting 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
Page 3854
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 COUNTYBOARD 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.
Page 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 districts, 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 immediately 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 thereof the following:
Page 3856
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 immediately 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.
Page 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 District, or for any other reason no longer holds his office; or if he is adjudged incompetent or convicted of malfeasance in office; or convicted 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 referendum 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
Page 3858
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.
Page 3859
LUMPKIN COUNTYCOMPENSATION 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 substituting 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 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
Page 3860
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.
Page 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 DONALSONVILLERECORDER'S 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 recorder's 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
Page 3862
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 authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 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 recorder's 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 recorder's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, 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 reincorporating 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
Page 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.
Page 3864
HANCOCK COUNTYCOMPENSATION 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 commissioner pursuant to the provisions of this section. All fees, commissions, costs, or any other perquisites collected by the tax commissioner 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
Page 3865
less than $800.00, the exact amount to be determined by the governing 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
Page 3866
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 COUNTYCOMPENSATION 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 clerk's
office; to provide for the compensation of
Page 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 provisions 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:
Page 3868
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.
Page 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 Sprata 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.
Page 3870
GLYNN COUNTYCOMPENSATION 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 compensation 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 commissioner's salary shall be increased by 5 percent per each four-year term of office served by said tax commissioner, 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
Page 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
Page 3872
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 POOLERCHARTER 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, particularly 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, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), is amended by adding at the end of Section 1.11 a new subsection (d) to read as follows:
Page 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 6619' 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 Camp's Harry H. Anderson Tract; extend thence along said Union Camp property line North 8935'00 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 Camp's 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-ofway 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
Page 3874
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 highway 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 6619' 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 1912' 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. Highway 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 2231'30 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 Railroad's former main line; extend N 7020'10 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 7549'10 W along said property line and existing corporate limit line for a distance of 1,686.33 feet to a point; extend thence S 2129'10 W along said property line and existing corporate limit line for a distance of 1,409.68 feet to a point; extend thence S 6423'05 E along said property line and existing corporate limit line for a distance of 3,489.47 feet to a point; extend thence N 2212'20 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
Page 3875
oxidation pond road and existing corporate limit line for a distance of 160.87 feet to a point along the northerly right-ofway 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 2144'20 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 Railroad's former main track; extend thence S 1941'20 E along Dozier Cook's northeasterly property line and existing corporate limit line for a distance of
1,305.86 feet, more or less, to a point at the northwest corner of B. J. Thompson's 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 1941'20 W along said property line, and existing corporate limit line for a distance of 100.47 feet to the easterly rightof-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 4930' 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 7828'40 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.
Page 3876
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 southwardly along said easterly rightof-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. Railroad's 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 beginning; 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 1913' 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 8118' 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 1514' W
Page 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 2017' E along a westerly property line of said Garden Acres Estates for a distance of 255.17 feet to a point; extend thence N 7614' 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 1912' 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 7516' 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 5210' 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.
Page 3878
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 southwardly 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 southwesterly 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 northeasterly 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 intersection being on the corporate limit line; extend thence northwardly along said westerly right-of-way line of Parsons Avenue and the
Page 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 Pipemaker's 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 Camp's 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.
Page 3880
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 Publisher's 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 published in said county; that she is authorized to make affidavits of publication on behalf of said publisher corporation; that said newspaper is of general circulation in said county and in the area adjacent thereto. That 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.
Page 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 COUNTYCOMPENSATION 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 sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of 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,
Page 3882
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
Page 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 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 automobiles 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 bailiff's 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 uniforms 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.
Page 3884
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.
Page 3885
DOOLY COUNTYSMALL 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 feet 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:
Page 3886
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
Page 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 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 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
Page 3888
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:
Page 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.
Page 3890
STEWART COUNTYCOMPENSATION 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 effective 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.
Page 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 Introduce 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.
Page 3892
WEBSTER COUNTYCOMMISSIONER'S 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 commissioner 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 compensated 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.
Page 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 introduced 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 Introduce 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
Page 3894
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 COUNTYCOMPENSATION 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 compensation 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 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 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:
Page 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 subsection (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 commissioner 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 commissioner's 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.
Page 3896
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 introduced 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 Introduce 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
Page 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 COUNTYCOMPENSATION 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 authority of Banks County. The tax commissioner shall be paid in equal monthly installments out of the funds of Banks County.,
Page 3898
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 adjustment 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
Page 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 COUNTYSMALL 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 appointment of subsequent judges; to provide for other matters relative to
Page 3900
the foregoing; to provide for legislative intent; 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 jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $3,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in 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.
Page 3901
Section 6 . (a) Actions shall be commenced by filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in 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.
Page 3902
(f) The plaintiff shall be entitled to judgment by default, without 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 determined by the judge of said small claims court, and the judge shall be entitled to $10.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 9 . (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of
Page 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 accomplish the purposes hereof. Section 14 . The judge of said court shall have the power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of Putnam County, such bailiffs to
Page 3904
serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as small claims court bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this state. 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:
Page 3905
Page 3906
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 members 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.
Page 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.
Page 3908
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 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 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.
Page 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 Introduce 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.
Page 3910
CITY OF DECATURCORPORATE 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 estblishing 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
Page 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 extending 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.
Page 3912
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, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, County of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of New Charter for City of Decatur-Local Legislation a true copy of which is hereto annexed, was published 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.
Page 3913
TERRELL COUNTYSMALL 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 varification, 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
Page 3914
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 evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or the writ of attachment. Whenever served in person by a court officer as 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
Page 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
Page 3916
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 CHESTERCORPORATE 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:
Page 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.
Page 3918
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 Introduce 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.
Page 3919
SUMTER COUNTYSMALL 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.
Page 3920
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 Introduce 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 COVINGTONCITY 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),
Page 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
Page 3922
of city cable TV systems or franchises without approval by referendum; 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.
Page 3923
FAYETTE COUNTYSMALL 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
Page 3924
demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. (c) In 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 conflicting laws and for other purposes.
Page 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
Page 3926
the Waycross Public Facilities Authority; to authorize the authority to acquire, construct, equip, maintain, and operate selfliquidating projects, including buildings and facilities for use by the City of Waycross for its governmental, proprietary, and administrative functions; to authorize the City of Waycross to lease or sell lands and buildings to the authority; to provide for the appointment of the members of the authority; to define certain words and terms; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority and the City of Waycross to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Waycross within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I, shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other funds of the authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue-refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this Act; to exempt the property and income of the authority from taxation; to provide for the authority immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale; to provide that this Act shall be liberally construed; to provide an effective date; to define the scope of the authority's operations; to repeal conflicting laws; and for other purposes., 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-liquidating
Page 3927
projects, including buildings and facilities for use by the City of Waycross for its governmental, proprietary, and administrative functions; to authorize the City of Waycross to lease or sell lands and buildings to the authority; to provide for the appointment of the members of the authority; to define certain words and terms; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority and the City of Waycross to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Waycross within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I, shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other funds of the authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue-refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this Act; to exempt the property and income of the authority from taxation; to provide for the authority immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall
not be subject to levy and sale; to provide that this Act shall be liberally construed; to provide an effective date; to define the scope of the authority's operations; to repeal conflicting laws; and for other purposes., 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
Page 3928
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.
Page 3929
CHARLTON COUNTYCOMPENSATION 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 compnsation 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 installments 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 specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. 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
Page 3930
laws relating to revenue and taxation. Except as hereinbefore provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to 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.
Page 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 ATLANTABOARD 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.
Page 3932
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 members 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;
Page 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 Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and-or An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; to provide for the officials and employees of the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, and for other purposes.
Page 3934
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.
Page 3935
TOWN OF RINCONVACANCIES 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 stirking 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 mayor's term of office but on or before the last date to qualify for the regular eleciton 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 eleciton 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 mayor's 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.
Page 3936
(3) If a vacancy occurs in the office of mayor less than three months prior to the expiration of the mayor's term of office, the mayor pro tem shall serve until a successor is elected at the next regular eleciton and until that successor is qualified. (4) During any period in which the mayor pro tem is authorized 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
Page 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 vacancies 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.
Page 3938
STATE COURT OF EFFINGHAM COUNTYSALARIES 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 installments from the funds of Effingham County; and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose. In addition, he shall receive reimbursement for all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services
Page 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 Introduce 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
Page 3940
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:
Page 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 primaries, 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 COUNTYCOMPENSATION 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 (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 effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1981. Robert C. Daniel, Jr. County Attorney, Richmond County, Georgia
Page 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 COUNTYCOMPENSATION OF TAX COMMISSIONER'S 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
Page 3944
amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3169), so as to change the compensation of the tax commissioner's assistants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. 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
Page 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: Commissioner's Office Assistant Clerk from $10,400.00-to-$11,500.00 Clerical Assistant from $9,000.00-to-$9,630.00 Sheriff's 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 Commissioner's 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 Clerk's 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
Page 3946
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.
Page 3947
BULLOCH COUNTYCOMPENSATION 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 clerk's employees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. 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.
Page 3948
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: Commissioner's Office Assistant Clerk from $10,400.00-to-$11,500.00 Clerical Assistant from $9,000.00-to-$9,630.00 Sheriff's 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
Page 3949
Probate Judge Clerical Assistant from $8,300.00-to-$9,630.00 Tax Commissioner's 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 Clerk's 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
Page 3950
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 COUNTYCOMPENSATION OF SHERIFF'S DEPUTIES, ETC. No. 962 (House Bill No. 1668). AN ACT To amend 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), so as to change the compensation of the sheriff's deputies and office clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 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 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,
Page 3952
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: Commissioner's Office Assistant Clerk from $10,400.00-to-$11,500.00 Clerical Assistant from $9,000.00-to-$9,630.00 Sheriff's 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 Commissioner's 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 Clerk's 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.
Page 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.
Page 3954
CITY OF VALDOSTACHARTER 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
Page 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
Page 3956
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 rightof-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
Page 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
Page 3958
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 Highland 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,
Page 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 Connel 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
Page 3960
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-ofway of Oak Street Extension; thence, north 2 degrees 38 minutes west a distance of 70.0 feet to a point on the north rightof-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
Page 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
Page 3962
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 intersection 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 highway south 46 degrees 25 minutes east a distance of 147.72 feet to a point; thence, continuing along said right-of-way 160.0 feet to a point; thence, northeast at a right angle with the north right-of-way of U. S. 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 rightof-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, 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 Briggs 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
Page 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;
Page 3964
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 Northfield Road; thence, north 6 degrees 36 minutes west a distance of 50.17 feet to a point, said point being the north right-of-way of Northfield Road; thence, north 1 degree 57 minutes west a distance of 174.15 feet to a point; thence, south 87 degrees 49 minutes west a distance of 575.0 feet to a point; thence, south 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
Page 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 Coub 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, continuing 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 Highway (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 Highway; thence, along the north right-of-way of the Old National Highway, north 86 degrees 53 minutes east a distance of 132 feet more or less to a point; thence, continuing along the north right-of-way south 65 degrees 37 minutes east a distance of 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 11the 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
Page 3966
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 centerline 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 (I-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; thene, 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 intersection of the projected west right-of-way of Country Club Road and the north right-of-way of the Old National Highway; thence, along the projected west right-of-way of Country Club Road, south 0 degrees 23 minutes east a distance of 50.06 feet to a point where the south right-of-way of the Old National Highway intersects the west right-of-way of Country Club Road; thence, continuing along the west right-ofway 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
Page 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 00 seconds 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;
Page 3968
thence, south 87 degrees 17 minutes 00 seconds west a distance of 37.01 feet to a point; thence, south 66 degrees 55 minutes west a distance of 157.25 feet to a point; thence, south 29 degrees 37 minutes west a distance of 164.62 feet to a point; thence, southwesterly a distance of 15.0 feet to a point; thence, north 59 degrees 54 minutes 08 seconds west a distance of 26.23 feet to a point; thence, south 11 degrees 00 minutes 42 seconds west a distance of 224.45 feet to a point; thence, south 14 degrees 27 minutes 40 seconds east a distance of 282.83 feet to a point, said point being an extension of the north right-of-way of Lake Drive; thence, along said north right-of-way extension north 66 degrees 51 minutes 00 seconds east a distance of 143.17 feet; thence, south 23 degrees 09 minutes east a distance of 50.0 feet to a point on the south right-of-way of Lake Drive; thence, 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
Page 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-ofway 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
Page 3970
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 rightof-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
Page 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 I-75; thence, north 40 degrees 36 minutes 30 seconds west a distance of 236 feet more or less to a point on the east right-of-way of I-75; thence, north 18 degrees 55 minutes west a distance of 442 feet more or less to a point on the east right-of-way of I-75; thence, north 35 degrees 38 minutes 30 seconds west a distance of 570 feet more or less to a point on the east right-of-way of I-75; thence, north 18 degrees 51 minutes west a distance of 801 feet more or less to a point on the east right-of-way of I-75; thence, south 71 degrees 09 minutes west a distance of 300.00 feet to a point on the west right-of-way of I-75; thence, south 30 degrees 08 minutes 07 seconds west a distance of 443.10 feet to a point; thence, south 1 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 I-75; thence, south 8 degrees 51 minutes east a distance of 373.18 feet to
Page 3972
a point on the west right-of-way of I-75; thence, south 56 degrees 54 minutes east a distance of 58 feet more or less to a point where the west right-of-way of I-75 intersects the north right-of-way of GA 94; thence, 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 I-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 I-75; thence, south 19 degrees 03 minutes east a distance of 431 feet more or less along the right-of-way of I-75 to a point; thence, south 35 degrees 14 minutes 30 seconds east a distance of 496 feet more or less along the right-of-way of I-75 to a point; thence, south 18 degrees 51 minutes east a distance of 765 feet more or less along the west right-of-way of I-75 to a point; thence, south 18 degrees 39 minutes east a distance of 111 feet more or less along the west right-of-way of I-75 to a point; thence, north 71 degrees 21 minutes east a distance of 300.00 feet to the east right-of-way of I-75; thence, 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. Augustine Road; thence, south 63 degrees 51 minutes 57 seconds east a distance of 547.36 feet to a point; thence, south 63 degrees 54 minutes east a distance of 307.25 feet to a point, said point being the intersection of the west right-of-way of Norman Drive and the south right-of-way of St. Augustine Road; thence, south 63
Page 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-ofway 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
Page 3974
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
Page 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-ofway 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 Barber's Pool with River Street; thence, south 4 degrees 02 minutes 44 seconds east a distance of 360 feet to a point; thence, south 9 degrees 9 minutes 55 seconds east a distance of 637 feet to a point; thence, southwesterly to a point on the north margin of the old VMW Railroad right-of-way 960 feet easterly from the east margin of Stanley Street (measured along the north margin of said
Page 3976
railroad right-of-way); thence, south 82 degrees west along the north right-of-way of the VMW Railroad, 960 feet to a point, said point being on the east right-of-way of St. Augustine Road (North Stanley Street); thence, north along the curving east right-of-way of St. Augustine Road an arc distance of 101.02 feet to a point; thence, north 34 degrees 14 minutes west a distance of 935.09 feet to a point; thence, north along the curving east right-of-way of St. Augustine Road an arc distance of 236.33 feet to a point; thence, north 66 degrees 21 minutes 30 seconds east a distance of 312.75 feet to a
point; thence, north 2 degrees 17 minutes west a distance of 179.17 feet to a point; thence, north 89 degrees 44 minutes 57 seconds west a distance of 79.96 feet to a point; thence, north 2 degrees 08 minutes 30 seconds east a distance of 200.00 feet to a point on the south right-of-way of River Street Extension; thence, 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 direction to the north right-of-way of Collins Drive; thence, along the curving right-of-way in a southerly direction to where it intersects
Page 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-ofway of St. Augustine Road and the north right-of-way or West Hill Avenue (SR 38); thence, along the curving north rightof-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 rightof-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
Page 3978
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 I-75; thence, along said right-of-way south 28 degrees 02 minutes east a distance of 597.97 feet to a point; thence, north 24
degrees 41 minutes west along the east right-of-way of I-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 I-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 Briarwood Drive a distance of 424.00 feet to a point; thence, north 65 degrees 19 minutes east a distance of 205.00 feet to a point on the west right-of-way of I-75; thence, south 18 degrees 40 minutes east along the west right-of-way of I-75 a distance of 386.25 feet to a point where the 16/17th Land Lot Line intersects the west right-of-way of I-75; thence, south 3 degrees 55 minutes east a distance of 735 feet more or less along the west right-of-way of I-75 to a point; thence, south 86 degrees 05 minutes west a distance of 80.0 feet to a point on the west margin of the right-of-way of Briarwood Drive, said point being the intersection of the west margin of said right-of-way and the east boundary of the Standard Oil Company; thence, running south 58 degrees 54 minutes west approximately 232.0 feet to the west boundary of Standard Oil Company; thence, running south 26 degrees 11 minutes east along the west boundary of said property approximately 578.0 feet to the north right-of-way of U.S. Highway 84; thence, south 58 degrees west along the north right-of-way of U.S. Highway 84 a distance of 99.61 feet to a point; thence, north 27 degrees west a distance of 1122.00 feet to a point; thence, south 57 degrees 30 minutes west a distance of 226.50 feet to a point; thence, south 27 degrees east a distance of 1132.0 feet to a point on the north right-of-way of U.S. Highway 84; thence, running perpendicular to the right-of-way of U.S. Highway 84, a distance of 140.00 feet to a point on the south right-of-way of U. S. Highway 84; thence, north 58 degrees east along
Page 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 railroad side track to its intersection with the east margin of the right-of-way of the Valdosta Southern Railroad; thence, running southerly along the east margin 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.
Page 3980
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 Railroad 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 meanderings 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 Railroad right-of-way; thence, south 78 degrees 33 minutes east a
Page 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
Page 3982
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 Highway; thence, along said margin north 11 degrees 30 minutes west a distance of 205.0 feet to a point, said point being the intersection of the north right-of-way of Lineberger Drive and the east margin of Madison Highway; thence, along the east margin of Madison Highway north 11 degrees 30 minutes west a distance of 130 feet to a point; thence, north 69 degrees 02 minutes 04 seconds east a
Page 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 Railroad; thence, along the west right-of-way of the Georgia Southern and Florida Railroad, north 32 degrees 49 minutes west a distance of 173.77 feet to a point; thence, south 69 degrees 42 minutes west a distance of 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 southeasterly 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
Page 3984
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, northerly 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
Page 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 Statenville 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 northeasterly along the south right-of-way of the Atlantic Coastline Railroad right-of-way to a point, said point being 2196.94 feet west of the intersection of the south right-of-way of the ACL Railroad and the west right-of-way of Clay Road; thence, north 85 degrees 37 minutes east a distance of 159.40 feet to a point; thence, south 35 degrees 07 minutes east a distance of 17.25 feet to a point; thence, south 1 degree 39 minutes east a distance of 1568.15 feet to a point; thence, north 89 degrees 40 minutes east a distance of 677.80 feet to a point; thence, north 0 degrees 43 minutes west a distance of 1826.30 feet to a point; thence, north 67 degrees 29 minutes east a distance of 156.40 feet to a point; thence, north 21 degrees 55 minutes west a distance of 140.78 feet to a point, said point being on the south right-of-way of the Atlantic Coastline Railroad; thence, along the 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
Page 3986
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 rightof-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 meanderings of the center of the run of Knights Creek to the original east line of the Land Lot Number 106 in the 11th Land District of said County; thence, running due west to a point, said point being
Page 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 rightof-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 rightof-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);
Page 3988
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 minues 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 westerly 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-ofway of Baytree Road intersects the west right-of-way of the Georgia Southern Railroad, said point being the POINT OF BEGINNING. thence, along the north right-of-way of Baytree Road, south 87 degrees 55 minutes 44 seconds west a distance of 2679.38 feet to a point where the right-of-way intersects the 11th and 12th Land District line; thence, along the 11th and 12th Land District line, north 1 degree 29 minutes 10 seconds west a distance of 477.50 feet to a point; thence, north 87 degrees 55 minutes 44 seconds east a distance of 300.0 feet to a point; thence, south 1 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
Page 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 minutes 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 BEGINNING: (6) Beginning at the intersection of the west right-of-way of North Forrest Street with the south right-of-way of Northside Drive; thence, south 78 degrees 16 minutes west a distance of 130.0 feet along the south right-of-way of Northside Drive to a point, said point being the POINT OF BEGINNING. thence, south 1 degree 55 minutes east a distance of 83.44 feet to a point; thence, south 88 degrees 05 minutes west a distance of 389.88 feet to a point, said point being on the east right-of-way of Deborah Drive; thence, north 1 degree 02 minutes west along the east right-of-way of Deborah Drive a distance of 19.72 feet to a point, said point being on the south right-of-way of Northside Drive; thence, along the south right-of-way of Northside Drive, north 78 degrees 16 minutes east a distance of 336.60 feet to a point, said point being the POINT OF BEGINNING:
Page 3990
(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
Page 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 BEGINNING. (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-ofway 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
Page 3992
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-ofway 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.
Page 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
Page 3994
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 Dampier Street; thence, south 88 degrees 04 minutes west a distance of 135.10 feet to a point, said point being the POINT OF BEGINNING. thence, south 3 degrees 13 minutes east a distance of 100.0 feet to a point; thence, south 88 degrees 04 minutes west a distance of 175.0 feet to a point; thence, north 3 degrees 13 minutes west a distance of 100.0 feet to a point; thence, north 88 degrees 04 minutes east a distance of 175.0 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.
Page 3995
(20) Beginning at a point where the east right-of-way of North Forrest Street intersects the south right-of-way of Northside Drive, said point being the POINT OF BEGINNING; thence, along the south right-of-way of Northside Drive, north 77 degrees 27 minutes 35 seconds east a distance of 257.71 feet to a point; thence, continuing along the south rightof-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-ofway 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
Page 3996
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 County 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-ofway 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
Page 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 County Club Road; thence, along the west right-of-way of County 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 County 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-ofway 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 intersection 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 BEGINNING. (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
Page 3998
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-ofway, south 2 degrees 23 minutes 02 seconds east a distance of 97.60 feet to a point; thence, north 89 degrees 53 minutes 53 seconds west a distance of 198.17 feet to a point; thence, north 0 degrees 20 minutes 21 seconds west a distance of 11.99 feet to a point; thence, north 89 degrees 53 minutes 53 seconds west a distance of 209.55 feet to a point on the east right-of-way of Ellis Drive; thence, along the east right-of-way of Ellis Drive, north 4 degrees 51 minutes east a distance of 992.38 feet to a point where the east right-of-way of Ellis Drive intersects the south right-of-way of Baytree Road; thence, along the south right-of-way of Baytree Road, south 88 degrees 40 minutes 56 seconds west a distance of 418 feet to a point, said point being the intersection of the south right-of-way of Baytree Road and the west right-of-way of Gornto Road and the POINT OF BEGINNING. (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. Augustine Road, north 63 degrees 51 minutes 57 seconds west a distance of 945.51 feet to a point, said point being the POINT OF BEGINNING; 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-ofway, 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 BEGINNING. (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
Page 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 rightof-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-ofway 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:
Page 4000
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.
Page 4001
LUMPKIN COUNTYCOMPENSATION 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 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 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 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 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
Page 4002
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
Page 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 COUNTYSHERIFF'S 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 substituting in lieu thereof a new Section 2 to read as follows:
Page 4004
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 February 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.
Page 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.
Page 4006
LUMPKIN COUNTYCOMPENSATION 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
Page 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.
Page 4008
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
Page 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 COUNTYSMALL 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
Page 4010
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 affidavit 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 subsections (a) and (b) above shall be placed in a fund to be used solely for the upkeep and replacement of the facilities, equipment and materials 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.
Page 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.
Page 4012
JACKSON COUNTY SCHOOL DISTRICTMERGED 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 Constitution 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 appointment 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 superintendent of the area school district and their qualifications; to prescribe the procedures whereby vacancies on the area board of education 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 Commerce City Independent School District, and the Jackson County School District are hereby abolished. Title to all school properties and
Page 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 Education 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 Constitution 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
Page 4014
Education District 2 Tract 9902 Blocks 101 through 129 That part of Block 130 within GMD's 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
Page 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
Page 4016
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.
Page 4017
Section 5 . (a) The first members of the Jackson County Area Board of Education shall be 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 member's 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 successors 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.
Page 4018
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 Education, 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 () NO Shall the Act consolidating and 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 providing for the appointment by said area board of education of the superintendent of the area 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
Page 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.
Page 4020
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.
Page 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.
Page 4022
CITY OF ROMECORPORATE 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 conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is amended by 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
Page 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.
Page 4024
/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 CAIRORECORDER'S 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 Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's 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
Page 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 day's 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 mayor's court from the last sentence of Section 45 and inserting in lieu thereof recorder's 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 guardhouse 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 recorder's 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 recorder's court so that said section when so amended shall read as follows:
Page 4026
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 security, payable to said city, conditioned to pay a certain stated sum in the event said person does not appear before the recorder's 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 ordinances 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
Page 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 RECORDER'S COURT Sec. 49.1. Creation. There is hereby established a court to be known as the `Recorder's 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 nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City 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 Recorder's 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 necessary
Page 4028
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 Recorder's 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 recorder's 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
Page 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 recorder's 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 recorder's court of the City of Cairo, 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 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 recorder's 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 recorder's court and to issue such other processes as may be necessary for the proper administration 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.
Page 4030
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 Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's 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 Legislation 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
Page 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 COUNTYCOMPENSATION 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;
Page 4032
(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 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; and (4) Judge of the probate court - $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. (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
Page 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 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 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
Page 4034
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;
Page 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 assignments, and to remove or replace such personnel at will and within his sole discretion.
Page 4036
(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 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 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.
Page 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 Introduce Local Legislation was published in the Times JournalSpotlight 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
Page 4038
Sworn to and subscribed before me, this 11th day of March, 1982. /s/ Vickie L. Thomas Notary Public. (Seal). Approved April 12, 1982. BROOKS COUNTYFIRE 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.
Page 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 Introduce 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.
Page 4040
ROCKDALE COUNTYMAGISTRATE'S COURT. No. 974 (House Bill No. 1951). AN ACT To amend an Act creating the Magistrate's 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 Magistrate's 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 the prescribed by the ordinance or regulation violated and in no event to exceed the sum of $500.00 for any single offense, by imprisonment 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 punishments in the discretion of the judge of said magistrate's court. The sheriff of Rockdale County shall receive, confine, feed, and care for prisoners sentenced by said magistrate's 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 magistrate's court may be confined separately and apart from other classes of
Page 4041
immates 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 Magistrate's 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
Page 4042
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 MAXEYSTERMS 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 conflicting 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 evennumbered year thereafter. Such elections shall be held and conducted in accordance with the Georgia Municipal Election Code.
Page 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
Page 4044
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
COLUMBUSBONDS 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
Page 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 conflicting 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,
Page 4046
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:
Page 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 VALLEYMUNICIPAL 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 purposes. 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:
Page 4048
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 jurisdiction 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,
Page 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 COUNTYBOARD 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 procedure; to provide for other matters relative to the foregoing; to provide
Page 4050
for 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 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 the 57th G. M. District; East
Page 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
Page 4052
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 statutory 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
Page 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 () NO Shall the Board of Education of 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.
Page 4054
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 introduce 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.
Page 4055
IRWIN COUNTYCOMPENSATION 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
Page 4056
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 Sheriff's deputies of Irwin County, Georgia; and of the Secretary to the Sheriff's 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:
Page 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 COUNTYCOMPENSATION 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.
Page 4058
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.
Page 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 Commissioners 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.
Page 4060
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. CORONERSCOMPENSATION 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 read 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,,
Page 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 COUNTYCOMPENSATION 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
Page 4062
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.
Page 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 COUNTYCOMPENSATION 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, particularly 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, particularly 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:
Page 4064
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 appointment 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 incumbent's 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
Page 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
Page 4066
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 COUNTYMEETINGS 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.
Page 4067
Be it enacted by the General Assembly of Georgia: Section 1 . 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), 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 226802); as amended Acts 1974, p. 3516. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson
Page 4068
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 MAGISTRATE'S COURTAPPEALS. No. 986 (House Bill No. 1673). AN ACT To amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court,
Page 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 Magistrate's Court of Clarke County, Georgia, and the Recorder's 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.
Page 4070
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 Magistrate's 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
Page 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, qualifications, 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 Magistrate's 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:
Page 4072
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 governing 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 prescribed 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.1, to read as follows: Section XLV.1. The State Court of Clarke County shall have jurisdiction to hear and try appeals of civil cases from the Athens-Clarke County Magistrate's Court and such appeals shall be governed
Page 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
Page 4074
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 COUNTYCIVIL 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
Page 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 Commissioners 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 candidates, 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
Page 4076
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.
Page 4077
Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 4078
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 reappointment 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
Page 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 reimbursements 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: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Henry County Development Authority, so help me God.' (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,
Page 4080
including the power to appoint and hire agents and employees and to provide for their duties and compensation. Such agents and employees 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.
Page 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 commissioners 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:
Page 4082
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, maintained, 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,
Page 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.
Page 4084
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.
Page 4085
CHATTOOGA COUNTYDISPOSAL 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.
Page 4086
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 Legislation 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.
Page 4087
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSIONTIME 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 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), 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
Page 4088
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
Page 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 CITYCHARTER 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 recorder's court; to provide that the mayor pro tem 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:
Page 4090
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 disability 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
Page 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 circulation in said county and in the area adjacent thereto. That he has reviewed the regular editions of the Savannah Evening Press published 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.
Page 4092
LINCOLN COUNTYCHAIRMAN 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 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.
Page 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. L. p. 1228, as amended) so as to increase the salary of the Chairman of the Board of Commissioners to $15,500.00; to repeal conflicting laws; and for other purposes. 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.
Page 4094
/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 COUNTYBOARD 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
Page 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 administrator 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 administration of all of the affairs of the county over which he has jurisdiction. (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 indefinite term and shall serve at the pleasure of the board of commissioners. 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 administrator
Page 4096
during his absence, disability, or suspension. Vacancies in the office of county administrator shall be filled by the board of commissioners 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 discretion. 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 adoption 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
Page 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 corruption, 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 preceding 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 necessary 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 county's personnel system for county employees. (13) To delegate purely administrative duties to subordinates in the county government whose work the county administrator shall supervise and direct; provided, however, the delegation 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 discharge of his duties, shall execute a bond with a solvent sureties
Page 4098
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, misappropriations, 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
Page 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, discounts 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 members 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, equipment or roads of the county that result from a physical malfunction, 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.
Page 4100
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.
Page 4101
CITY OF TENNILLECORPORATE 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 1F, 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.
Page 4102
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.
Page 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 COUNTYCOMPENSATION 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, particularly 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:
Page 4104
$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 Washington 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
Page 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 solicitor's 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 belonging 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.
Page 4106
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.
Page 4107
STATE COURT OF COBB COUNTYCOMPENSATION 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, particularly 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, particularly 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.
Page 4108
This 31st day of Dec. 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 4109
LAURENS COUNTYCOMPENSATION 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 commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. 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
Page 4110
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.
Page 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 COUNTYBOARD 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:
Page 4112
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 sheriff's 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 commission 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:
Page 4113
Section 10. The chairman. The chairman shall be the chief executive officer of the county government and shall generally supervise, direct, and control the administration or the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over meetings of the commission. 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 necessary 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.
Page 4114
Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 4115
MONTGOMERY COUNTYBOARD 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 members 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).
Page 4116
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 member's respective commissioner district for two years immediately prior to the date of the member's 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 successors 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.
Page 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
Page 4118
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 COUNTYTAX COMMISSIONER'S 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 commissioner, 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 commissioner, 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 necessary to the proper and efficient performance of the duties of the office
Page 4119
of tax commissioner, employ a clerk or assistant and fix the compensation 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.
Page 4120
/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 COUNTYEMPLOYEES 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:
Page 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 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.
Page 4122
/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 COUNTYSHERIFF'S 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
Page 4123
or assistant and fix said employee's 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
Page 4124
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 COUNTYCOMPENSATION 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 commissioner, 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 commissioner, 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.
Page 4125
(2) 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 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.
Page 4126
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 COUNTYBOARD 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
Page 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
Page 4128
be elected by a majority vote of the qualified electors voting within the Wheeler County school district. Any person offering as a candidate 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 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 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 members 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.
Page 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 () NO Shall the Act providing that the 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 members shall be elected by the qualified 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
Page 4130
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
Page 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 COUNTYELECTION 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
Page 4132
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.
Page 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
Page 4134
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 COUNTYCOMPENSATION OF COMMISSIONERS, PURCHASES, ETC. No. 1009 (House Bill No. 1713). AN ACT To amend an Act creating a board of commissioners of Washington 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), so as to change the compensation of the commissioners; to 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:
Page 4135
Section 1 . An Act creating a board of commissioners of Washington 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
Page 4136
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 Washington 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 purposes.
Page 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.
Page 4138
CHATHAM COUNTYCOMPENSATION 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
Page 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 SYSTEMDISTRICTS. 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.
Page 4140
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
Page 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
Page 4142
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
Page 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
Page 4144
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
Page 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
Page 4146
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 population 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 member's 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.
Page 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 Al 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
Page 4148
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 COUNTYBOARD 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 amendatory
Page 4149
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
Page 4150
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 portion which contains the least population according to the United States Decennial Census of 1980. (c) All members of the Board of Commissioners shall be qualified 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
Page 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 hereinafter. 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 member's 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 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 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 Chairman 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 Commissioners. (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;
Page 4152
(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 Commissioners; 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 constitute a quorum for the transaction of business, but the affirmative vote of at least four members shall be required for said Board of Commissioners 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 Commissioner 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 Commissioners 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
Page 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
Page 4154
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 ATLANTACOURT 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, particularly 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, particularly 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:
Page 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 garnishment proceeding irrespective of how it shall be terminated, shall be $19.00 plus $5.00 for each summons more than one; provided, however, where the principal amount involved is $300.00, or more, the cost shall be $25.00 plus $5.00 for each summons more than one. (c) The total cost, except as hereinafter provided, for a proceeding against tenant holding over, irrespective of how it shall be terminated, shall be $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 execution 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.
Page 4156
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
Page 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 PLANAMENDED. 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
Page 4158
Section 6(a)(10)(i), reducing the age requirement from sixty years to fifty-five years and the years of service from twentyfive years to fifteen years with respect to an employee's 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; Pension Plan, approved December 30, 1953 (Georgia Laws 1953, November-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, qualification 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 termination 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:
Page 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 year's 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 contributions 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.
Page 4160
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 member's 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 appearing 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 Commissioners
Page 4161
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 requirement from sixty years to fifty-five years and the years of service from twenty-five years to fifteen years with respect to an employee's 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 Introduce 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.
Page 4162
/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 COUNTYAGENCY 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.
Page 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 administer a program for the provision by attorneys within DeKalb County of volunteer legal services to low-income clients involved in civil matters. 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 program among the lawyers within the county to provide legal services on a volunteer basis to lowincome clients involved in civil matters; (2) To report annually to the State Court of DeKalb County on its activities conducted pursuant to this Act;
Page 4164
(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 accounting 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 paragraph (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.
Page 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 lowincome 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.
Page 4166
/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 COUNTYCOURT 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
Page 4167
hereinafter provided, the total cost, which shall include judgment and fi. fa. for all suits and proceedings of any character, except garnishment proceedings and proceedings against tenants holding over, irrespective of how they shall be terminated, which shall be $10.00 plus $4.00 for each defendant more than one; provided, however, where the principal amount involved is more than $300.00, the cost shall be $20.00 plus $6.00 for each defendant more than one. 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 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
Page 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 fi. 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 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 salethe actual expenses incurred For settling fi. fa. from Cobb County 10.00 For marshal's 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 justice's court 10.00 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 animalsthe 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 For advertising personal property for sale 10.00 Plus actual expense(s) incurred For settling fi. fa. from Cobb County 13.00 For marshal's 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 justice's 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 For keeping and feeding animalsthe 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 Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson
Page 4174
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 COUNTYCOUNTY-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
Page 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 municipality 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 municipality's 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 transfer 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
Page 4176
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 requirements 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 responsibility 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 municipality from the assumption of library services by the county-wide library system to a mileage 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
Page 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 regulations 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 benefits 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 contributed
Page 4178
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 installments 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 contributions). The funds transferred in a 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 abovementioned 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. Commencing 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 member's term.
Page 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 commissioners 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 according 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 unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7 . All laws and parts of laws in conflict with this Act are repealed.
Page 4180
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, employees, 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
Page 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 ATLANTACORPORATE 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:
Page 4182
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 Northwesterly 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 Southeasterly 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 Northwesterly 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 Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and-or An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; to provide for the official 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.
Page 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.
Page 4184
MORGAN COUNTYBOARD 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
Page 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.
Page 4186
(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 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 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 member's 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.
Page 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.
Page 4188
CITY OF TYBEE ISLANDCORPORATE 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 Lazeretto 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 Southeasterly to the Atlantic Ocean and Northeasterly to the point of beginning. Section 2 . An Act entitled An Act to amend an Act incorporating 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.
Page 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.
Page 4190
FLOYD COUNTYELECTION 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.
Page 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.
Page 4192
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.
Page 4193
CRISP COUNTYSMALL 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 personalty 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
Page 4194
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 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 Introduce 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
Page 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. ELECTIONSBOARDS 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,
Page 4196
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:
Page 4197
Section 1. Any other provision of law to the contrary notwithstanding, 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 commissioners 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 COUNTYSMALL 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.
Page 4198
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 Superior 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
Page 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 No. 4, 1985. (Seal). Approved April 12, 1982. HEARD COUNTYSMALL 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,
Page 4200
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 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 court or courts now or hereafter established 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.
Page 4201
Section 5 . (a) All fees collected by the judge as herein authorized 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 defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim together with a notice of hearing in the form hereinafter prescribed shall be served on the defendant and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in 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.
Page 4202
(f) The plaintiff shall be entitled to judgment by default, without 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 administer justice.
Page 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.
Page 4204
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:
Page 4205
Page 4206
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 unconstitutional were not orginally 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.
Page 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 authorized 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, towit: 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.
Page 4208
ELECTIONSACT 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 substituting 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.
Page 4209
PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITYMEMBERS. 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 Commissioner 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
Page 4210
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 Authority; to eliminate as a member the chief executive 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
Page 4211
the attached copy of Notice of Intention to Introduce Local Legislation 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 GUYTONCORPORATE 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, particularly 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:
Page 4212
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 southern 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 4419' 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.
Page 4213
Excluding, however, that certain Eighty-nine hundredths (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 conveyed 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 Introduce 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
Page 4214
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 COUNTYCOMPENSATION OF TAX COMMISSIONER'S 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
Page 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 Commissioner 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
Page 4216
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 COUNTYCOMPENSATION 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:
Page 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 January, 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
Page 4218
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 COUNTYSMALL 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.
Page 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 summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4220
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
Page 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 COUNTYSHERIFF'S 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 Commissioner of Pike County.
Page 4222
(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.
Page 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 COUNTYCOMPENSATION 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
Page 4224
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 compensation 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
Page 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 COUNTYCOMPENSATION 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
Page 4226
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 provide 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.
Page 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.
Page 4228
CITY OF THOMASTONUPSON 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 successor to complete such unexpired term.
Page 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
Page 4230
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 COUNTYCOMPENSATION 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
Page 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 compensation 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
Page 4232
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 COUNTYCOMPENSATION 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),
Page 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 commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Seciton 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 Commissioner of Paulding County shall be compensated in the amount of $16,000.00 per annum which shall be paid in equal monthly installments from the funds of said county., and inserting in lieu thereof the following: Be it further enacted by the aforesaid, that the Tax Commissioner of Paulding County shall be compensated in the amount of $19,000.00 per annum which shall be paid in equal monthly installments 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 Commissioner of Paulding County shall be compensated in the amount of $19,000.00 per annum which shall be paid in equal monthly installments 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 Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 295), as amended.
Page 4234
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
Page 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 COUNTYCOMMISSIONER 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, (Ga. L. 1956, p. 3237), as amended, particularly 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:
Page 4236
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
Page 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
Page 4238
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.
Page 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 COUNTYDEKALB 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 Community 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 continued funding from DeKalb County education funds or transfer said
Page 4240
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 transferred to the Board of Regents and operated solely at state expense as a unit of the University 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
Page 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 Community 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.
Page 4242
/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 CLAXTONCHARTER 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:
Page 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 chairpersons 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 appointments are subject to the approval of the council. The Mayor shall further have the right and authority to name all committee chairpersons 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 subsection (b) of Section 5 the following:
Page 4244
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:
Page 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.
Page 4246
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 twothirds 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 Enterprise, the official organ of Evans County, Georgia, in which advertisements of the Sheriff's 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.
Page 4247
/s/ 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 COUNTYCOMPENSATION 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 substituting in lieu thereof a new Section 15 to read as follows:
Page 4248
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
Page 4249
District, and that the attached copy of Notice of Intention to Introduce 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 DACULAMAYOR 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:
Page 4250
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
Page 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 conflicting laws; and for other purposes.
Page 4252
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Downtown LaGrange Development 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
Page 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 Greenwood 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.
Page 4254
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 O. Long, who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto has been published in said LaGrange Daily News, to wit: 12-11-1981, 12-181981, 12-26-1981 being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher
Page 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 insurance, 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
Page 4256
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.
Page 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 insurance, 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.
Page 4258
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 Introduce 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 COUNTYSMALL 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
Page 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 appointment 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 jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $3,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in 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.
Page 4260
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 defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in 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
Page 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, without 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
Page 4262
proceeding except service of the notice; and the deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. Cost for issurance 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 determined by the judge of said small claims court, and the judge shall be entitled to $10.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 9 . (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (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
Page 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 accomplish the purposes hereof. Section 14 . The judge of said court shall have the power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of Putnam County, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as small claims court bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in
Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this state. The sheriff of Putnam County and his deputies shall also have
Page 4264
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:
Page 4265
Page 4266
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 members 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
Page 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 garnisheee 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 granishee 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 garnisheee 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 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.
Page 4268
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 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 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.
Page 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.
Page 4270
BRYAN COUNTYMEMBERS OF BOARD OF COMMISSIONERS, REFERENDUM. No. 1056 (Senate Bill No. 752). AN ACT To provide for the election of members of the Board of Commissioners 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 referendum; 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 commissioners, 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 subsection (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
Page 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 commissioner 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.
Page 4272
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 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 () NO Shall the Act providing for the 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.
Page 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.
Page 4274
LUMPKIN COUNTYSUPERINTENDENT 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 [Illegible Text] 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
Page 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 () NO Shall the Act providing for the appointment of the county school superintendent 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 Education 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.
Page 4276
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.
Page 4277
LUMPKIN COUNTYBOARD 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
Page 4278
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
Page 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 member's 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 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 Education 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
Page 4280
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 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 . 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 provided for by this Act shall be subject to all constitutional and statutory provisions of this state relative to county boards of education
Page 4281
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 () NO Shall the Act providing for the 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
Page 4282
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.
Page 4283
CITY OF ATLANTAGROUP 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.
Page 4284
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.
Page 4285
BRYAN COUNTYOFFICE 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 offie 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 depositories. 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.
Page 4286
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 pursuant 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 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 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 () NO Shall the Act abolishing the office 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.
Page 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 referendum; 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
Page 4288
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 COUNTYCOMPENSATION 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
Page 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
Page 4290
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.
Page 4291
WHITFIELD COUNTYCORONER'S 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 payment 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 payment 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.
Page 4292
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.
Page 4293
RABUN COUNTYCOMPENSATION 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.
Page 4294
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.
Page 4295
TOWN OF THUNDERBOLTCORPORATE 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 numbered CO-290, CO-291, and CO-292, which maps are hereby incorporated for purposes of description.
Page 4296
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 () NO Shall the Act annexing that territory 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
Page 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
Page 4298
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 BLOOMINGDALECORPORATE 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 corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. 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
Page 4299
Georgia Railroad's 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 Corporation 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 easterly 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 2002' 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.
Page 4300
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is
the official organ or 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
Page 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 projects 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 pursuant 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.
Page 4302
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 Development Authority Act to conform with the State of Georgia Development 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 Legislation 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
Page 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 notwithstanding, 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
Page 4304
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 commissioner, 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 conflicting 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.
Page 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.
Page 4306
CITY OF LAWRENCEVILLECORPORATE 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 conflicting 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
Page 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
Page 4308
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.
Page 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 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 the county wherein such judge presides; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for the validating of the acts of said court and the proceedings therein; to provide for severability; to repeal 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 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
Page 4310
court shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for the validating of the acts of said court and the proceedings therein; to provide for severability; to repeal 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 purposes of the amendment to the Constitution of the State of Georgia (1974 Ga. Laws, p. 1711), ratified November 5, 1974, creating the
Page 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 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, 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 specified: (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 Authority. (b) Authority shall mean the Central Valdosta Development Authority created by the Amendment.
Page 4312
(c) Central Valdosta Area shall mean the area disignated 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
Page 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 Amendment 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 constitutes 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 instrument 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) designated 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, installation, 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 improvement 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,
Page 4314
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 following 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
Page 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 desirable, 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 prt 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; (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 Authority's 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, municipality or county, or for the use by any State institution or any city, town, municipality or county of any facilities or services of the Authority, provided such contracts shall deal with such activities and transactions as the Authority and any such 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
Page 4316
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, personal property and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the Authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment or other 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 agreement or instrument and any such agreement or instrument encumbering 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;
Page 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
Page 4318
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, mortgaged, 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 members 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 indebtedness 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
Page 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 associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other 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 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.
Page 4320
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 management 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
Page 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
Page 4322
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 COUNTYTRANSFER 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 garnishment 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:
Page 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 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., 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 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 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 proceeding is presented to the Clerk of Superior Court of DeKalb County for
Page 4324
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 jurisdiction of the State Court from the Superior Court; to repeal conflicting laws, and for other purposes. Betty Jo Williams Representative, District 48
Page 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 COUNTYELECTION 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
Page 4326
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 District 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
Page 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,
Page 4328
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 population 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. 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 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 commissioner districts 1 and 4 and the former at-large commissioner who were elected at the general election of 1980 under previously existing
Page 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 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 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 qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. 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 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 3 . The provisions of this Act which conflict with those of that Act approved April 9, 1981 (Ga. L. 1981, p. 4304), establishing
Page 4330
the form of government of DeKalb County and fixing the powers and duties of the governing authority of DeKalb County, are automatically 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 Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, so as to redefine and correctly describe the Commissioner Districts therein created; to repeal conflicting laws; and for other purposes. This 24th day of December, 1981. Eleanor L. Richardson Representative, District 52 Publisher's Certificate. State of Georgia. County of Dekalb. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of DecaturDeKalb 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 Revenues a true copy of which is hereto annexed, was published in said
Page 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.
Page 4332
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 primaries 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 submitted 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.
Page 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 appointment 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.
Page 4334
DECATUR COUNTYSMALL 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.
Page 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 Legislation 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.
Page 4336
/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 CITYELECTION 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:
Page 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
Page 4338
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 Legislation 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.
Page 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 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; 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.
Page 4340
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 deducations, 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 MaconBibb County Transit Authority Act of 1980, approved March 26, 1980 (Georgia Laws 1980, pp. 4313-4324); and for other purposes.
Page 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.
Page 4342
TROUP COUNTYSALARIES 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 compensation 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,
Page 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,
Page 4344
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
Page 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 COUNTYSMALL 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, particularly
Page 4346
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 diminished during his term of office. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation.
Page 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.
Page 4348
TROUP COUNTYCORONER'S 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
Page 4349
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.
Page 4350
/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 COUNTYCOMPENSATION 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:
Page 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 practicing law in any of the courts of Troup County, Georgia. Section 2 . Said Act is further amended by striking from the fourth paragraph of Section 6 the following: $12,865.00, and inserting in lieu thereof the following: $13,508.00,
Page 4352
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
Page 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
Page 4354
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 DAHLONEGANEW 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
Page 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, prohibitions, 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 Assembly
Page 4356
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. Section 1.11 . 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 indicated by appropriate entries upon or additions to such map or description, and shall be made at the direction of the council. Photographic, typed, or other copies of such map or description certified by the 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
Page 4357
professions, and to provide for the manner and method of payment of such licenses and taxes and to revoke such licenses; (3) to levy and collect such other taxes as may be allowed now or in the future by state law; (4) to make appropriations for the support of the government of the 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 television systems, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) to grant franchises or make contracts for public utilities; to prescribe the rates, fares, regulations and standards and conditions
Page 4358
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 playground, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes property may be acquired
by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (14) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (15) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures. (16) to provide for the prevention and punishment of drunkenness, riots, and public disturbances;
Page 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, buildings and any and all other structures or obstructions upon or adjacent to the right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (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 city's 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 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; (24) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
Page 4360
(25) to provide for the collection and disposal of garbage, rubbish, refuse and other solid waste; to regulate the collection and disposal of garbage, rubbish, refuse and other solid waste by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; to recover and utilize resources contained in solid waste for production of energy and other purposes; (26) to levy, fix, assess, and collect a garbage, refuse, and trash and waste collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the 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, 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; (30) to define a nuisance and provide for its abatement whether on public or private property; (31) to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
Page 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 correctional 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 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 the city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (35) to regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder; (36) to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the 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 vehicle in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
Page 4362
(38) to provide and maintain a system of pensions and retirement for officers and employees of the city; (39) to levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) to enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (41) to create, alter or abolish departments, boards, offices, commissions and agencies of the 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 program;
Page 4363
(48) to organize and operate such public transportation systems as are deemed beneficial; (49) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the 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 municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise upon the effective date of this Charter. Section 1.14 . Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or 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 employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as
provided by pertinent laws of the State of Georgia.
Page 4364
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 Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12 . Vacancy; Forfeiture of Office; Filling of Vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his 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
Page 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 performance 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 administrative 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 execution of such ordinances, resolutions, rules and regulations, not inconsistent
Page 4366
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 ordinances, resolutions, rules and regulations by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices,
agencies and departments expressly provided for by this Charter. Section 2.17 . Duties of Mayor. The mayor shall be the chief executive officer of the 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.
Page 4367
(1) Every ordinance adopted by the council shall be presented 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 o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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 mayor's 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 officer's 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.
Page 4368
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 provisions 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 ordinances 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 ordinance, resolution or motion except as otherwise provided in this Charter. Section 2.24 . Enactment of Ordinances. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption.
No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: Be it ordained by the city council of Dahlonega..... Any ordinance which repeals or amends an existing ordinance shall
Page 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 ordinances 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 employment, 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
Page 4370
agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance, and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11 . 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 appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law. (b) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or any applicable State law. (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.
Page 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, commissions, 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 applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an
employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12 . 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 administration of a position classification and pay plan including methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. Section 3.13 . City Clerk. The council 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.
Page 4372
Section 3.14 . City manager; appointment; qualifications; compensation. 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 administrative 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 administrative 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 city's 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 officer's 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 councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city office. No councilman or mayor may run for any city office except the one presently held without first resigning from such office.
Page 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 necessary to keep current the dockets thereof. Section 4.13 . Jurisdiction; Powers. (a) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Dahlonega granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. (b) The municipal court shall have 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 imprisonment 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
Page 4374
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 prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (f) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, 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
Page 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
Page 4376
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 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. Section 5.14 . Grounds for Removal. The mayor or any councilman 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
Page 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 governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the council in its discretion. Section 6.12 . 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.
Page 4378
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 ordinance. 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, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. 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, 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 6.20. Section 6.17 . Licenses, Permits, Fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees 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.
Page 4379
Section 6.18 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or 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 registration book to be kept by him or her. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.19 . Construction; Other Taxes and Fines. The City of Dahlonega shall be empowered to levy and 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.fa's; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.21 . 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.
Page 4380
Section 6.23 . Fiscal Year; Preparation and Adoption of Operating 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 imprisonment 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.
Page 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.
Page 4382
/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 conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) (1) (A) Notwithstanding any other provisions of the law to the contrary in all counties of this State having a population of not less than 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
Page 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 recorder's 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:
Page 4384
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 recorder's 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 provide 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 representing 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
Page 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
Page 4386
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 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), 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 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, 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.
Page 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
Page 4388
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 annually 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 nonschool employees shall expire February 1, 1987, and their successors shall be elected by such participating nonschool employees in January, 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 participating 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 successors 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 participating 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.
Page 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.,
Page 4390
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
Page 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' Compensation 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 applicant's 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' Compensation 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 applicant's previously determined 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' Compensation 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 applicant's previously determined entitlement to workers' compensation in any hearing upon a pension application.
Page 4392
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' Compensation 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 applicant's previously determined 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 COUNTYCHIEF 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
Page 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 qualifications 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
Page 4394
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 administrative 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.
Page 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.
Page 4396
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 definitions; 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.
Page 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 municipalities.
(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 maintenance of
curbs, sidewalks, streetlights, and devices to control the flow of traffic on streets and roads, or any combination 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 municipalities 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
relationship to the value of district services actually received by residents of the county within each DeKalb municipality
and within the unincorporated 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.
Page 4398
(b) This Act is pursuant to the authority of the constitutional amendment which specifically provides that ..... the General Assembly 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 `district 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 municipality 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. Section 5 . District services ad
valorem tax. The district services ad valorem tax shall be determined annually by the governing authority 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 obligation 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 countywide tax digest, and the millage rate so established shall be the district services ad valorem tax millage rate.
Page 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 unincorporated 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 paragraph (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 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 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
Page 4400
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.
Page 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 districts 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.
Page 4402
CITY OF AVONDALECORPORATE 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, particularly 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, particularly 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-way
Page 4403
line of Forrest Boulevard five hundred and ninety-four (594) feet to the intersection of the easterly right-of-way line of Forrest Boulevard 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 continuing 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 northeasterly 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 intersection 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 northeasterly
Page 4404
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 southwesterly 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 continuing 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.
Page 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 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 28, 1982, February 4, 11, 1982. /s/ Eleanor L. Richardson Representative, 52nd District
Page 4406
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 COUNTYBOARD 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.,
Page 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 () NO Shall the Act providing that there shall be no limit upon the number of terms to which members of the Bibb County board of public education 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.
Page 4408
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
Page 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 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), 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:
Page 4410
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
Page 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
Page 4412
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
Page 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 population 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
Page 4414
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Pinkston who, on oath, deposes and says that he/she is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: Dex. 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 COUNTYCOMPENSATION 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
Page 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 judge's 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.
Page 4416
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.
Page 4417
DADE COUNTYCOMPENSATION 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 clerk's 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 authority to appoint a deputy clerk, who shall receive an annual salary not to exceed $7,200.00 to be determined by the clerk of superior court, payable in equal monthly installments. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person who shall be employed as his deputy, and to prescribe his duties and 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 commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4418
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.
Page 4419
DADE COUNTYCOMPENSATION OF TAX COMMISSIONER'S 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 compensation of such personnel shall be subject to approval by the Dade County commissioner.
Page 4420
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
Page 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 COUNTYEMPLOYEES 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 clerk's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the 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
Page 4422
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.
Page 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 COUNTYBOARD OF COMMISSIONERS. No. 1103 (House Bill No. 1810). AN ACT To amend an Act creating the office of Dade County commissioner, 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 commissioner, 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
Page 4424
official organ of Dade County once a week for the two (2) weeks immediately preceding 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 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 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. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not
Page 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 compensation 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.
Page 4426
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.
Page 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.
Page 4428
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 COUNTYSMALL 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,
Page 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 determined by the judge of said small claims court. The judge shall be entitled to a fee of $15.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Page 4430
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
Page 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 COUNTYMEMBERS 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.
Page 4432
(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.
Page 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 formerly applying which are set out in the first three undesignated paragraphs of quoted matter added to the Constitution by an amendment appearing at Ga. Laws 1953, Nov.-Dec. 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 () NO Shall the Act changing the composition 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
Page 4434
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. O. 368, Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, state on oath that the report ofa 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
Page 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 positions for membership in the Authority shall be comprised as follows: Three of the six positions
shall be filled through a process of nomination by the East Point Business and Professional Association, Inc., or similar organization as designated by the Mayor and Council of East Point. 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
Page 4436
the City Council of the City of East Point from which said City Council shall select one of said nominees to serve as a member of the Authority. In the event the City Council is unsatisfied with both of the names submitted, it may request the East Point Business and Professional Association, Inc., or similar organization as designated by the Mayor and Council of East Point to submit new nominees repeating the process until a member has been selected. The remaining three positions for membership on the Authority shall be filled by the aforesaid process of nomination by the Planning and Zoning Commission. One of said positions shall be filled by submitting two names from the Planning and Zoning Commission to the Mayor and Council for selection of one of the members of the Planning and Zoning Commission as a member of the Authority. Provided that the member of the Authority appointed as a member of the Planning and Zoning Commission must, in order to remain qualified as a member of the Authority, continue throughout the term of membership on the Authority as a 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 appointment, 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
Page 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.
Page 4438
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.
Page 4439
BURKE COUNTYCOMPENSATION 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.
Page 4440
This 14th day of January, 1982. C. W. Hopper, Jr. Burke County Administrator Preston B. Lewis, Jr. P. O. 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.
Page 4441
NEWTON COUNTYJURISDICTION 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 prosecuting 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.
Page 4442
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
Page 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 COUNTYTAX COMMISSIONER'S 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:
Page 4444
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.
Page 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 WENTWORTHCORPORATE 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
addition to the areas now embraced within the corporate limits of the City
Page 4446
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 I-95, and continuing in a northerly direction along the eastern right-of-way line of I-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 I-95; thence in a westerly direction along the northern rightof-way of I-95 to a point where Piedmont Avenue (Old Richmond Road) intersects with the northern right-of-way line of I-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 Company's transmission lines, thence continuing in a northerly direction 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 corporation limits of said City by annexing and for other purposes. James L. Brown Mayor
Page 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.
Page 4448
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 conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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), 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 of Georgia, a bill to repeal an Act.
Page 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.
Page 4450
JENKINS COUNTYSMALL 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.
Page 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 determined 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 illegality. 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 Introduce Local Legislation was published in the Millen News which is the
Page 4452
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
Page 4453
authorize the issuance of revenue bonds or certificates of the authority 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 severability; 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.
Page 4454
(c) The members of the authority shall be entitled to no compensation 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 property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The terms revenue bonds and bonds as used in this Act shall mean revenue certificates as defined and provided for in
Page 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 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 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
Page 4456
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 instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and without limitng the generality of the above, authority is specifically granted the authority to enter into contracts, lease agreements, 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, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the State of Georgia or the United States of America or any agency or instrumentality 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
Page 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 sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile
Page 4458
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 computation the amount of any premium to be paid on redemption of any bond prior to maturity. Section 10 . Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of 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 he 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 certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Page 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 proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 14 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of 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 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
Page 4460
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 addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 16 . Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17 . Same; sinking 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
Page 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 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 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 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 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
Page 4462
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 undertaking
Page 4463
or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water 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 provisions of this Act are severable and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 30 . Authority of Troup County and certain municipalities 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.
Page 4464
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). Approved April 12, 1982.
Page 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 conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created in each county in this State having a population of not less than 11,675 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 immediately
Page 4466
preceding the appointment of the member. Each of the above appointments shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above designated political parties at least 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.
Page 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 administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Code Title 34, as now or hereafter amended, or any other provision of law, or both. (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
Page 4468
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.
Page 4469
LAURENS COUNTYCOMPENSATION OF SHERIFF. No. 1117 (House Bill No. 1644). AN ACT To amend an Act placing the sheriff of Laurens County upon an annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2257), and an Act approved January 26, 1973 (Ga. L. 1973, p. 3939), 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 Laurens County upon an annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 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.
Page 4470
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.
Page 4471
CLAYTON COUNTYCOMPENSATION 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, particularly 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 commissioner; to change the provisions relative to the compensation of the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved 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 subsection (b) of Section 7A the following: $18,725.00, and inserting in lieu thereof the following:
Page 4472
$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
Page 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 COUNTYCOMPENSATION 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.
Page 4474
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 Chairman's selection must be confirmed by a majority vote of the entire Board. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 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.
Page 4476
/s/ Brenda M. Morgan Notary Public, Georgia State at Large. My Commission Expires June 8, 1982. (Seal). Approved April 12, 1982. CLAYTON COUNTYCOMPENSATION 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:
Page 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
Page 4478
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 COUNTYCOMPENSATION 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.
Page 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 authority of said county out of the funds of said county. Any funds, except the salary provided herein, which is collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Section 2 . Said Act is further amended by striking from subsection (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
Page 4480
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.
Page 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 COUNTYCOMPENSATION 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 conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 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:
Page 4482
$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.
Page 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.
Page 4484
/s/ Brenda M. Morgan Notary Public, Georgia State at Large. My Commission Expires June 8, 1982. (Seal). Approved April 12, 1982. CHEROKEE COUNTYCOMPENSATION 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
Page 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 Introduce 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.
Page 4486
/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 MILNERELECTIONS, 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
Page 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) councilmen 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
Page 4488
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.
Page 4489
LAMAR COUNTYCORONER 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; provided, 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.
Page 4490
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.
Page 4491
LAMAR COUNTYCOMPENSATION 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 approval.
Page 4492
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
Page 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 COUNTYCOMPENSATION 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
Page 4494
$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: Commissioner's Office Assistant Clerk from $10,400-to-$11,500.00 Clerical Assistant from $9,000.00-to-$9,630.00
Page 4495
Sheriff's 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 Commissioner's 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 Clerk's Office Chief Deputy from $9,000.00-to-$9,630.00 Docket Clerk from $8,300.00to-$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.
Page 4496
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 Codbee 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,
Page 4497
BULLOCH COUNTYCOMPENSATION 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
Page 4498
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 [Illegible Text] That there be provided personnel in County offices as enumerated hereinafter and to be paid as set opposite such personnel, to-wit: Commissioner's Office Assistant Clerk from $10,400.00-to-$11,500.00 Clerical Assistant from $9,000.00-to-$9,630.00 Sheriff's Office Chief Deputy from $12,600-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 Commissioner's 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 Clerk's 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-to-$8,240.00
Page 4499
Be it further resolved, that the State Representative 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
Page 4500
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 RECORDER'S 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 recorder's 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 recorder's 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:
Page 4501
There shall be one additional judge of the recorder's 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 COUNTYCOMPENSATION 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 compensated in the amount of $20,000.00 per annum, to be paid in equal monthly installments from the general funds of said county.
Page 4502
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 Legislation 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.
Page 4503
PICKENS COUNTYCOMPENSATION 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.
Page 4504
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 Legislation 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.
Page 4505
PICKENS COUNTYCOMPENSATION 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.
Page 4506
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 Legislation was published in the Pickens County Progress which is the official 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 COUNTYCOMPENSATION 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
Page 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 Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: Feb. 10, 17 24, 1982.
Page 4508
/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 COUNTYCOMPENSATION 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
Page 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 Legislation 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
Page 4510
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 COUNTYCOMPENSATION 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 compensation are hereinafter defined. Said Board shall meet on the first
Page 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 necessary 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 Introduce
Page 4512
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 COUNTYCOMPENSATION OF DEPUTY SHERIFF. No. 1137 (House Bill No. 1793). AN ACT To amend an Act relating to the sheriff's 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:
Page 4513
Section 1 . An Act relating to the sheriff's 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 deputy's 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 personnel and shall fix their compensation. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputy, extra deputies, or other personnel and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. 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 Sheriff's Office and Sheriff of Stewart County, approved Feb. 28, 1966 Ga. L. 1966, P. 2573, as amended particularly by an Act approved April 6, 1981 Ga. L. 1981, P. 3591; and for
other purposes.
Page 4514
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 Introduce 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.
Page 4515
WARREN COUNTYCOMPENSATION 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 installments 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,
Page 4516
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
Page 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 COUNTYCOMPENSATION 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
Page 4518
Lincoln County, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. 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.-Dec. 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.-Dec. 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.
Page 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, 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.
Page 4520
CITY OF TWIN CITYCHARTER 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:
Page 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.
Page 4522
/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.
Page 4523
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. HARALSON COUNTYMEMBERS 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 provided 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
Page 4524
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
Page 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
Page 4526
(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 member's 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 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 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
Page 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 shortened 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 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, 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
Page 4528
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 expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years 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:
Page 4529
() YES () NO Shall the Act providing for the 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
Page 4530
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;
Page 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 COUNTIESVACANCIES. 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 conflicting laws; and for other purposes.
Page 4532
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,
Page 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
Page 4534
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
Page 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.
Page 4536
CLERKS OF SUPERIOR COURTSCOMPENSATION 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.
Page 4537
STATE COURT OF POLK COUNTYABOLISHED. 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.-Dec. 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
Page 4538
(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.-Dec. 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.
Page 4539
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, 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
Page 4540
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 ALPHARETTACORPORATE LIMITS. No. 1149 (House Bill No. 1969). AN ACT To amend an Act consolidating, creating, revising, and superseding 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 superseding 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:
Page 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;
Page 4542
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.
Page 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 amendatory 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).
Page 4544
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 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 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 advertisement shall also give notice that interested persons may apply to the Board of Commissioners of Gwinnett County to request that consideration 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.
Page 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
Page 4546
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 substituting 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
Page 4547
the authority the name of the member who has vacated his position on the authority and the date such vacancy occurred. Such advertisement shall also give notice that interested persons may apply to the Board of Commissioners of Gwinnett County to request that consideration 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 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
Page 4548
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 COUNTYJUVENILE COURT JUDGE'S 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.
Page 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 by 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
Page 4550
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 COUNTYCOMMISSIONER 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 members 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
Page 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 hereinafter 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
Page 4552
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
Page 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
Page 4554
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
Page 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
Page 4556
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.
Page 4557
This 31st day of Dec. 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 4558
CITY OF MARIETTABOARD 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. 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 (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 prospective members as defined from time to time by city council. At the first regularly scheduled meeting in December, the city council shall
Page 4559
elect two (2) persons for a term which shall begin January 1 immediately 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.
Page 4560
Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 4561
CITY OF MARIETTACHARTER 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 inserting 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 councilmen. 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 disability
Page 4562
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 concurrence 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.
Page 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 mayor's, recorder's, 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.
Page 4564
Section 6.2. Chief judge, associate judges; appointments; compensation; 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 necessary in the conduct of said court; and
Page 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:
Page 4566
(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 otther 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.
Page 4567
Roy E. Barnes Haskew Brantley Joe L. Thompson Al 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.
Page 4568
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 membership 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 Commissioners 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.
Page 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
Page 4570
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 COUNTYBOARD 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 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 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:
Page 4571
Section 1. (a) There is hereby created the Board of Commissioners 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 Tract 9902 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
Page 4572
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
Page 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 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 Glynn County which is not included in any commissioner district described in subsection (a) of this section shall be included within that commissioner 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 candidates; 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
Page 4574
are in office on December 31, 1984, and who are residents of commissioner 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 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 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
Page 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 COUNTYSMALL 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
Page 4576
said court to make a contribution from the fees collected to the board of trustees of the Walton County Law Library; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the 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 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.
Page 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.
Page 4578
/s/ Jean F. Head Notary Public. My Commission Expires April 20, 1985. Approved April 12, 1982. CHEROKEE COUNTYCOMPENSATION 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.
Page 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 establish and maintain retirement or pension systems and insurance, workers' compensation, and hospitalization benefits for said employees. However, it shall be within the sole power and authority of the
Page 4580
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 Introduce 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.
Page 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 COURTSDISPOSITION 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
Page 4582
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.
Page 4583
COUNTY CLERKSCOMPENSATION 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.
Page 4584
BARTOW COUNTYCOMPENSATION 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 amendment 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.-Dec. 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 nmay 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 or Bartow County. The ballot shall have written or printed thereon the following: () YES () NO Shall an Act providing that the compensation of the members of the Board of Education of Bartow County be as provided by general law be approved?
Page 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.
Page 4586
/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 COUNTYSUPERINTENDENT 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.-Dec. Sess., p. 540, the Superintendent of Schools of the Bartow County School District shall be elected and serve as provided in this Act.
Page 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 compensated 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.
Page 4588
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
Page 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 COUNTYBOARD 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 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.-Dec. 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.
Page 4590
(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. Successors 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 () NO Shall the Act providing that the 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.
Page 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).
Page 4592
Approved April 12, 1982. CITY OF EMERSONALDERMEN. 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
Page 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
Page 4594
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 EMERSONTERMS 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. 188889, 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
Page 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 receiving the next highest number of votes shall serve for an initial term of two years and until their successors are elected and qualified. Thereafter, 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 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
Page 4596
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
Page 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 Authority, 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 succeed 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
Page 4598
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.
Page 4599
RECORDER'S COURT OF DeKALB COUNTYDEPUTY CLERKS. No. 1172 (House Bill No. 1870). AN ACT To amend an Act creating and establishing the Recorder's 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 Recorder's 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 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 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4600
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 Recorder's 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.
Page 4601
CITY OF POULANCORPORATE 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 rightof-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
Page 4602
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
Page 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 purposes. 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 Introduce 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.
Page 4604
/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 COUNTYSHERIFF'S 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:
Page 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.
Page 4606
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 members; 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:
Page 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 qualified. 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 qualified.
Page 4608
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
Page 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 421, 434 through 438, 440, and 856 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 () NO Shall the Act providing for a fivemember board of county commissioners 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
Page 4610
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 countywide 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.
Page 4611
Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. CITY OF
WAYCROSSLAND 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 Registered Engineer, Number 1314, copy of which plat is of record in Plat
Page 4612
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 superintendent 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 Waycross. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act authorizing the governing authority of the City of Waycross to convey certain park property to the Ware County Hospital 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.
Page 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 Registered 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.
Page 4614
J. Dan Lott Mayor, City of Waycross Bennett, Pedrick Bennett Attorneys at Law 415 Remshart Street P. O. 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 is 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.
Page 4615
SHERIFFSCOMPENSATION 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.
Page 4616
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. UPSON COUNTYCOMPENSATION 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
Page 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
Page 4618
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
COUNTYCOMPENSATION OF TAX COMMISSIONER'S 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,
Page 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 commissioner 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.
Page 4620
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 Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 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.
Page 4621
TAYLOR COUNTYPROBATE 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 providing 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 providing 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
Page 4622
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
Page 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 COUNTYSUPERIOR COURT CLERK'S 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:
Page 4624
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
Page 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 COUNTYBOARD 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 conflicting laws; and for other purposes.
Page 4626
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
Page 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
Page 4628
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
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
Page 4629
Blocks 203 through 216 and 301 through 308 Tract 121 Blocks 217 through 219 Block Group 3 Tract 122
Page 4630
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
Page 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 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 () NO Shall the boundaries of the districts 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
Page 4632
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 Introduce
Page 4633
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 COUNTYCOMPENSATION 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.
Page 4634
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.
Page 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 Constitution 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 criminal 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 authority 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.
Page 4636
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 compensation 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 secretary's 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.
Page 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 compensation 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 Introduce 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.
Page 4638
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 superintendent 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:
Page 4639
() YES () NO Shall the Act providing for the appointment of the school superintendent 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 Legislation was published in the Dispatch and News which is the official
Page 4640
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 COUNTYCOMPENSATION 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:
Page 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.
Page 4642
/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 COUNTYBOARD 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:
Page 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 Tract 9901 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
Page 4644
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
Page 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
Page 4646
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
Page 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 population according to the United States decennial census of 1980 for the State of Georgia. (c) The choice between the five-member plan described in paragraph (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 () SIX MEMBERS Shall the five - member 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 sixmember 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.
Page 4648
(d) If the five-member plan becomes effective, then the chairman 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 Clerk's 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 Introduce Local Legislation was published in Baxley News-Banner which
Page 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 COUNTYSCHOOL 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
Page 4650
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 following 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 following 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
Page 4651
(3) Education District No. 3 shall be composed of the following 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 Block 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 following 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 purpose of this setion, the terms Tract or Census Tract, Block shall mean and shall describe the same geographical boundaries as provided in the report of the
Page 4652
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 designate 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 immediately 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.
Page 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 successors 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 superintendent of Pierce County shall be appointed by the board of education 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
Page 4654
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. Proposal 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 education of Pierce County? () Question No. 2. Shall the county school superintendent continue to be elected by the voters of Pierce County?
Page 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
Page 4656
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 represents 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 Introduce 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
Page 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;.
Page 4658
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 instruments 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 Introduce 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
Page 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. MAGISTRATE'S COURT OF DOUGLAS COUNTY CREATED. No. 1192 (House Bill No. 1944). AN ACT To create a court to be known as the Magistrate's Court of Douglas County; to define its jurisdiction and powers; to provide for the appointment or election, duties, and compensation of the presiding 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 conflicting 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 Magistrate's 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
Page 4660
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, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following 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 integrity. (c) The magistrate may practice law in other courts of this state except with respect to cases which have been processed through the magistrate's 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 specifically 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
Page 4661
warrants, distress warrants, attachments, all other statutory proceedings, 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 Magistrate's 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
Page 4662
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 misdemeanor. 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 Magistrate's 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.
Page 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 Magistrate's 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 Magistrate's Court of Douglas County, according to the best of my ability and understanding 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 is 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.
Page 4664
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 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 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 magistrate's 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,
Page 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 COUNTYCOMPENSATION 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 compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 4666
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 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 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.
Page 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.
Page 4668
POLK COUNTYDEPUTY 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 conflicting 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 January, 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);
Page 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.
Page 4670
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 advertisement shall also give notice that interested persons may apply to the Board of Commissioners of Gwinnett County to request that consideration 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.
Page 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.
Page 4672
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 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), 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 advertisement shall also give notice that interested persons may apply to the Board of Commissioners of Gwinnett County to request that consideration 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.
Page 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
Page 4674
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
Page 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 advertisement shall also give notice that interested persons may apply to the Board of Commissioners of Gwinnett County to request that consideration 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.
Page 4676
/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 CITYNEW 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:
Page 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 incorporated; shall continue to be vested with all of the property and rights of property which now belong to the city; and shall have perpetual succession. Section 1-102 . General powers. (a) The city shall have all the powers, duties, rights, privileges, and immunities vested in the city now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia, and by this charter. The city shall exercise and enjoy all powers
of self-government not specifically prohibited by the Constitution, the general laws of the State of Georgia, or by this charter, including all powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were enumerated in this charter. (b) The city may sue; 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 conferred 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 hospitals, ambulance, emergency rescue services, and animal control;
Page 4678
(4) Street and road construction and maintenance, including 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 systems; (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;
Page 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 government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (5) To appropriate and borrow money to provide for payment 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
Page 4680
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, transportation 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 withdrawal 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 enforcement thereof as provided by ordinance, provided the council shall have no power or authority to sell or in any way alienate the city's system of waterworks; (10) To grant franchises or make contracts for public utilities 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;
Page 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 conditions as provided by ordinance; (12) To undertake and expend tax or notax 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, 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, 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
Page 4682
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 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 fortunetelling 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
emergency 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;
Page 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, aluminium, 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;
Page 4684
(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 owner's 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 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; (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;
Page 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 ordinance; 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 vehicular traffic, parking and common carriers; (37) 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; (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 limitations 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 enterprises 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;
Page 4686
(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 buildings 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 ordinances, 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 governing 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, ventilating, air-conditioning, air and water pollution control, and other technical or environmental codes; municipal business, occupation, and professional license or tax ordinances, and municipal privilege, 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
Page 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 systems, 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 maintenance 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 governments, 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 authorized 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;
Page 4688
(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 latter's 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, 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; (55) 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; (56) 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; 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
Page 4689
exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia, and to do, perform, and render, or refrain therefrom, all things necessary or convenient to the carrying 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:
Page 4690
(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 2104 . 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 considerations. (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:
Page 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 performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties, or would tend to impair his independence of judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is 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.
Page 4692
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 election 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.
Page 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 faithfully carried out and executed within the city; (2) Examine, audit, and approve all accounts against the city before payment; (3) Exercise the power of veto as provided in Section 2-405 of Chapter 4 of this article;
Page 4694
(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 committees, 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.
Page 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, including 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 2403 . 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.
Page 4696
(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 signature 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 amendments 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,
Page 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 mayor's term of office expires, shall take office on the first day of September immediately following that election, and shall serve for four years.
Page 4698
(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 immediately 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:
Page 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 Constitution 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 regulations consistent therewith. Section 4-102 . Administrative organization. The mayor and council may, by ordinance, organize, combine, consolidate, or discontinue
Page 4700
any offices, departments, agencies, or divisions of the city government as it may from time to time deem desirable and consistent with this charter. Section 4-103 . Boards and commissions. (a) The mayor and council may, by ordinance, unless otherwise provided by law, create boards and commissions which may perform the duties prescribed, including but not limited to making studies, conducting research and investigations, holding hearings and preparing recommendations as to needed ordinances and resolutions and for any other purposes authorized. (b) The mayor and council may provide by ordinance, unless otherwise provided by law, for the manner of appointment, makeup and composition of boards and commissions, their periods of existence, and for the compensation of their members and employees, in whole or in part. The mayor and council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The mayor and council shall have the authority to 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.
Page 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, responsibilities, and authority: (1) To act as sole legal counsel to the city; (2) To advise the mayor, council members, and other officers and employees of the city regarding legal aspects of the city's 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;
Page 4702
(5) To prepare and review for approval as to form, prior to execution, all contracts, agreements, ordinances, resolutions, local legislation, local constitutional amendments, charter amendments, 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 authorized. 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; compensation. (a) In addition to other appointments, the mayor and council shall make the following appointments: (1) City engineer, who shall be a professional engineer registered 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 responsibilities as the mayor and council, by ordinance, may prescribe. (c) The compensation of these officers shall be fixed by the mayor and council.
Page 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, retirement 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
Page 4704
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 assessments, 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 5104 . 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 Constitution 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.
Page 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 structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in Section 5-112. (b) This authority shall include but not be limited to: (1) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets; (2) Constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street; (3) Constructing, reconstructing, extending, and otherwise building or improving water systems; (4) Constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and (5) Constructing, reconstructing, extending, and otherwise building or improving sewage disposal systems.
Page 4706
(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 assessment to apply uniformly throughout each benefit zone. For each project, the mayor and council shall endeavor to establish an assessment method from among the bases set out in this section which will most accurately assess each lot or parcel of land according to the benefit conferred upon it by the project. The mayor and council's 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 installments
Page 4707
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.
Page 4708
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
Page 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 departments and to meet the expenses of the city for the next fiscal year as provided in the municipal budget. (b) The mayor and council shall not appropriate funds for any given fiscal year which, in 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 appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the municipal appropriations ordinance, shall lapse. Section 5-303 . Supplementary appropriations. (a) In addition to the appropriations made by the municipal appropriations ordinance and amendments thereto, the mayor and council may make additional appropriations which shall be known as supplementary appropriations ordinances, provided no supplementary appropriation shall be made unless there is an unappropriated surplus in the city treasury or the revenue necessary to pay the appropriation has been collected into the general fund of the city treasury. (b) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the municipal appropriations ordinance which was adopted and approved.
Page 4710
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 followed 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 testimony 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.
Page 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 6105 . Sentence for contempt. When the municipal court is in session, the judge shall have the power to punish for
Page 4712
contempt by fine not exceeding $100.00, by imprisonment not exceeding 30 days, or by both, or any part thereof, in the discretion of the court. Section 6-106 . Warrants; form, scope, execution; judge's authority to hear evidence, grant bond. (a) The judge shall be authorized to issue warrants for any offense under any law or ordinance 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 provisions heretofore provided for contempt. Section 6-108 . Ministerial officers of municipal court; attendance, 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
Page 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 certiorari, 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 ordinances, resolutions, rules, and regulations of the city and its agencies now lawfully in effect not inconsistent with the provisions of this
Page 4714
charter shall remain effective until they have been repealed, modified, or amended. Section 7-103 . Contracts and obligations; proceeding. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the city or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof, as obligations and rights of the city. (b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending 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.
Page 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, 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
Page 4716
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 7-108 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7109 . 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 City's 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
Page 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 COUNTYBOARD 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 commissioners shall consist of five members who shall be elected as hereinafter provided. For the purpose of electing the members, Wayne County is divided into five commissioner districts as follows:
Page 4718
Commissioner District 1 shall be composed of the following portion 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 portion 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
Page 4719
Commissioner District 3 shall be composed of the following portion 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
Page 4720
Commissioner District 4 shall be composed of the following portion 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 portion 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
Page 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 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 Wayne County which is not included in any commissioner district described in subsection
(a) of this section shall be included within that commissioner 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
Page 4722
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 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 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 accordance 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
Page 4723
such election for Tuesday next following the first Monday in November, 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 () NO Shall the Act providing new districts 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 effective 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.
Page 4724
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 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/ Lunsford Moody Representative, 138th District
Page 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 BAXLEYNEW 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:
Page 4726
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 Municipal 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,
Page 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, Surveyor, 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
Page 4728
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;
Page 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 established 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 incorporated 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 description 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
Page 4730
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 continuance 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 partially 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
Page 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 parliamentary 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 government 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
Page 4732
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 immediately 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.
Page 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.
Page 4734
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 administrative 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
Page 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 prescribed. 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, disability, 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.
Page 4736
(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 present 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 meeting 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 authorized by the mayor and council nor shall any other property now or hereafter owned by said city, either real or personal, be sold,
Page 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 department 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
Page 4738
(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 officers, 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.
Page 4739
Section 2.23 . City clerk's 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 mayor's 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,
Page 4740
health, prosperity, comfort, and security of said city and the inhabitants 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, automobiles, or other means of locomotion; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the recorder's or mayor's 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 condition 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 recorder's or mayor's court and punishment 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
Page 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 recorder's court of said city of persons violating any ordinance, rule, or bylaw authorized by this charter by the infliction of the punishment hereinbefore authorized to be inflicted by said recorder's 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
Page 4742
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 prescribe 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 mayor's 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 mayor's 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
Page 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 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 mayor's 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 mayor's 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 mayor's 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 mayor's 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 mayor's 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.
Page 4744
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 alignment 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, professions, 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, prosperity, 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 ordinances 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.
Page 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 commission 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 freeholders of the city, to be named and appointed by the mayor and councilmen for a term of four years and shall serve without compensation 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
Page 4746
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 registration 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 contained 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
Page 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 . Mayor's courtGenerally. The mayor of said city shall have the right and authority to hold a mayor's 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 mayor's 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
Page 4748
elect a recorder of the city, whose duty it shall be to preside in the mayor's 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 mayor's 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 mayor's 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 mayor's court, said chain gang to be established, 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
Page 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 apprehended 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 mayor's 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 mayor's 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 mayor's 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 disqualification
Page 4750
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 execution 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 corporation 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 sheriff's 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 sheriff's 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 mayor's court of said city under the same rules and regulations as relate to the return and trial of illegalities in the state courts.
Page 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
Page 4752
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 city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The 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.
Page 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.
Page 4754
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 otherwise 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 applicable 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 discretion 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.
Page 4755
Section 6.6 . Sale or lease of water and sewer facilities. The mayor and council are hereby authorized and empowered by ordinance to contract to sell or to lease and to sell or to lease, upon such terms and conditions as they may determine, the complete waterworks and sewerage plants and systems, distribution 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 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 properties: (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 connecting 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, 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
Page 4756
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 selfliquidating 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
Page 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. Section 6.17 . 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 obligation 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;
Page 4758
(5) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all 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 earings 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
Page 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 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. In case any officer whose signature shall appear on any bonds or whose facsimile signature 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 provision 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, however, 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
Page 4760
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 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 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 temporary 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
Page 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 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 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 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 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 convenants 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
Page 4762
as is customary in trust indentures securing bonds and dentures 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 insurance, 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 resolution 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;
Page 4763
(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 revenue bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's 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 appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state 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.
Page 4764
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 theissue 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 subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also 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.
Page 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 General. 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
Page 4766
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 exceptions. 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 validating 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
Page 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
Page 4768
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 inhabitants, 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 provisions. 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. Section 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.
Page 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 investigate the sufficiency thereof, submit the petition to the governing body, and certify the result of his or her investigation. The determination 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 constructed. 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 frontage in the petition hereinbefore provided for shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore 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 improvement 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
Page 4770
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; contractor's 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 resolution 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
Page 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 maintenance 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 resolution appointing said board it shall file with the clerk of the municipality
Page 4772
a written report of the appraisal and the assessment and apportionment 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 appraisement, 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 sheriff's 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 confirmed 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 apportionment 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
Page 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 governing 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 succeeding 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 of 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.
Page 4774
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; treasurer's 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 interest 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 installment 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
Page 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 installments 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
Page 4776
appraisers as herein provided for, unless such suit shall be commenced within 30 days after the passage of the ordinance making such assessment final, provided that in the event any special assessment 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. Whenever 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 alternative 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 contemplated 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 instituted 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
Page 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 sheriff's 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 improvement. 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.
Page 4778
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 equipment 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 members 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.
Page 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
Page 4780
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 Introduce 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.
Page 4781
CITY OF MACONCORPORATE 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, Clerk's Office, Bibb Superior Court, said corner also being on the western right-of-way line of Log Cabin Drive; then traveling South 64 41' 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
Page 4782
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, Clerk's 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 traveling 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
Page 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-ofway 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 traveling 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. TRACT FOUR 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
Page 4784
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, Clerk's 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.
Page 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 Clerk's 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.
Page 4786
DOUGLAS COUNTYBOARD 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
Page 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 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.
Page 4788
(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 population 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 superintendent 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 () NO Shall the Act providing for election 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.
Page 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
Page 4790
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 COUNTYTERMS 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 thereafter; and the terms of all such members shall be for four years and until their successors are elected and qualified.
Page 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
Page 4792
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 COUNTYPURCHASES 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
Page 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.
Page 4794
/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 COUNTYCLERK 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:
Page 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 clerk's term of office but such increase shall be at the sole discretion of the Board of Commissioners of Emnuel County. This salary may be decreased by the Board of Commissioners of Emanuel County only upon the expiration of the clerk's term of office, except that decreases during the clerk's 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, 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 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
Page 4796
his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Clerk of the Superior Court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 5 . The necessary operating expenses of the Clerk of the Superior Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of 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.
Page 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 Introduce 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.
Page 4798
CITY OF MANCHESTERCORPORATE 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, containing 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.
Page 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
Page 4800
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
Page 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 HEPHZIBAHNEW 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 be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever.
Page 4802
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 combination 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 assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2)
Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by state law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the
Page 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 authority under any applicable public acts as are or may be enacted; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, to prescribe
Page 4804
the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (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 cityowned 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 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 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 construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the Board of Commissions for the City of
Page 4805
Hephzibah deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkeness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation 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 massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
Page 4806
(22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the city's court 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
Page 4807
work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane 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 insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish authorities, departments; boards, offices, commissions 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 compensation 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;
Page 4808
(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 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; in case of extraordinary emergency, the Board of Commissioners 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 twelvemonth 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, 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; (44) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable
Page 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 Commissioner's election, or as soon thereafter as practicable, with the
Page 4810
administration of the following oath by the city clerk, or in the clerk's absence, by another person designated by the Board of Commissioners 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 Commissioner shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of Vacancies. 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 Personally
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 personal 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.
Page 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 commissioner's 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 Commissioners 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.
Page 4812
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 proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Board of 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 Commissioners 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 Commissioners 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 borrowing
Page 4813
of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form
prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least 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; Codification; Printing . (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the 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,
Page 4814
together with all amendments thereto and such codes of technical regulations and other rules and regulations as the Board of Commissioners 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 purchase 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 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 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 Commissioners 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) 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. (d) Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected.
Page 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
Page 4816
laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. (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 prisoners 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.
Page 4817
(g) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer 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 convened 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 necessary and proper to secure the efficient and successful administration of the Municipal Court; provided, however, that the Board of Commissioners 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
Page 4818
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 prescribe 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 administrative 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.
Page 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, 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 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
Page 4820
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 Commissioners 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 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 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.
Page 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 Commissioners 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 city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The 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 Commissioners 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.
Page 4822
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 Commissioners 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
Page 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 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.fa.'s: provided, however, that upon levy of execution 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 Commissioners 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 Commissioners 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 pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Page 4824
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 estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget preparation ordinance. (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 Commissioners 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 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 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.
Page 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 Commissioners 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 construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency. (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 manager 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 transactions 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
Page 4826
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 resolution, 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, 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 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.
Page 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 Commissioners 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 administration and services; to provide for the financial and fiscal affairs of the City; to provide general provisions; to provide for other matters
Page 4828
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.
Page 4829
FULTON COUNTYPENSION 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 payment 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 payment 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 established 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.
Page 4830
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 establish Rules and Regulations governing the payment of pensions to county employees of said county.....and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto. 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
Page 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. CORONERSCOMPENSATION 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
Page 4832
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 COUNTYSMALL 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
Page 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
Page 4834
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 AUGUSTAPUNISHMENT 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:
Page 4835
Section 1 . An Act relating to punishment of violators of ordinances 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
Page 4836
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.
Page 4837
ROCKDALE COUNTYTAX COMMISSIONER'S 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 commissioner shall be authorized to appoint a chief deputy and four full-time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2 . All laws and parts of laws in conflict with this Act are 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.
Page 4838
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.
Page 4839
ROCKDALE COUNTYPROBATE COURT JUDGE'S 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.
Page 4840
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.
Page 4841
ROCKDALE COUNTYSHERIFF'S 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.
Page 4842
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.
Page 4843
ROCKDALE COUNTYCORONER'S 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.
Page 4844
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.
Page 4845
ROCKDALE COUNTYCOMPENSATION 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.
Page 4846
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
Page 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 COUNTYCOMPENSATION 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
Page 4848
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
Page 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 BREMENCORPORATE 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 1D, to read as follows: Section 1D. 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:
Page 4850
(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 Transportation 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.
Page 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
Page 4852
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 COMMISSIONERSCOMPENSATION 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 population 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 chairman 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 population 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:
Page 4853
Section 1. Any other provision of law to the contrary notwithstanding, 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 CLIMAXCHARTER 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 recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General
Assembly of Georgia: Section 1 . An Act creating a new charter for the 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
Page 4854
amended, the mayor shall serve for a term of three (3) years and until his respective successor is elected and qualified and the councilpersons 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 prescribed 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. Recorder's Court. There is hereby established a court to be known as the Recorder's 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 jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem 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.
Page 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 recorder's court shall try and punish for crimes against the City of Climax and for violation of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed five hundred dollars ($500.00) or thirty (30) days in jail. The recorder's 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 recorder's 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 recorder's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (c) The recorder's 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
Page 4856
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 recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Climax granted by state law generally to recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Right of Certiorari. The right of certiorari to the superior court from the recorder's 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 recorder's 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 recorder's 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:
Page 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 (1)-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 (1)-year term. (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 (1)-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.
Page 4858
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.
Page 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 desirable, 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 purpose. 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
Page 4860
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 instruments 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
Page 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 Sheriff's advertisements for Ben Hill County are published, and that the attached copy of notice of intention to introduce local legislation was published in the 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.
Page 4862
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, betterment, 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 municipalities 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.
Page 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.
Page 4864
/s/ Donna L. Keen N. P., Georgia, Emanuel County. (Seal). Approved April 13, 1982. SPALDING COUNTYSMALL 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,
Page 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 garnishments 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.
Page 4866
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 jurisdiction 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 O. 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
Page 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 COUNTYCOMPENSATION 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 compensated 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.
Page 4868
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
Page 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 BOGARTNEW
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 operation 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
Page 4870
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 boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.3 . Powers and construction. (a) 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 assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law; (3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (4) Appropriations and expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this
Page 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 authority, 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, operate, 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 regulations by the Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon, close, construct, pave,
Page 4872
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 housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Section 36-202 of the Code of Georgia of 1933 or such other applicable laws as are or may be enacted; (13) Building regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (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 punishment of drunkenness, riots, and public disturbances; (16) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
Page 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 punishment for violation of such ordinances; (18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (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;
Page 4874
(24) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; 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 ordinance; 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 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; (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 collection of special assessments to cover the costs for any public improvements;
Page 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 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; (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 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; (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 desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely
Page 4876
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; election. The legislative authority of the government of this city except as otherwise specifically provided in this charter shall be vested in a city council to be composed of a mayor and four 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 incumbent's 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.
Page 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 performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged. 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 proceeding against this city or any portion of its government; or
Page 4878
(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 election to any public office.
Page 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 malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.6 . 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.
Page 4880
(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 member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of special meetings shall be made 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 rollcall 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
Page 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 emergency ordinances. Section 2.15 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (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 regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.16.
Page 4882
(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 amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.17 . 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.
Page 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 mayor's 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, ordinances, 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 administrative 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
Page 4884
authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.3 . 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.
Page 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 prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
Page 4886
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of 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 mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4 . 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. However, 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. 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
Page 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 accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended, 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;
Page 4888
(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 abovedescribed officer may be accomplished by one of the following methods: (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 obligations; 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.
Page 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 corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.9. 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 city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.6 . Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and
tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of
Page 4890
providing such services. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.7 . Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property, owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.8 . Construction; other taxes. 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 executins. 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.
Page 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 requirements 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 supporting 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
Page 4892
out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance 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 anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.18 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.19 . 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 recommendations 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 transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.
Page 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.
Page 4894
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 separately 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, municipal 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 () NO Shall the Act creating a new charter 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.
Page 4895
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested to be introduced 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.
Page 4896
FULTON COUNTYPERSONNEL 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 personnel board; to specify the powers, duties, and responsibilities of the personnel board; to provide for the appointment, removal, and compensation of the personnel director; to delineate the powers, duties, and responsibilities of the personnel director; to authorize the personnel 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 severability; 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 administration 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,
Page 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 consideration 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 orgin, 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
Page 4898
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 board as a body shall have the following delegated powers, duties, and responsibilities: (1) To devise, publish, and amend or rescind detailed implementing 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
Page 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 administration, 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 decisions, 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 commissioners 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 investigation to be competent, honest, trained and experienced in personnel administration and management, and who shall possess the prescribed education and experience required for this position as determined
Page 4900
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 commissioners 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 commissioners and to answer any charges. The personnel director shall have not less than 15 workign days following the personnel board's 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 incumbent 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;
Page 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 department 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 examination and certification of eligible applicants; (8) To encourage appropriate and reasonable actions consistent 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 reasonably 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, dismissals, resignations, leaves of absence, and all other related activities pertaining to the proper administration of the county merit system and this Act;
Page 4902
(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 production 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 subpoenas, 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 personnel 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 maintenance 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 classified 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.
Page 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 hereafter be created and established as unclassified on range in pay schedules and compensation plans; (5) All classes and positions now existing or that may hereafter be created and established as unclassified set rate positions by the county manager or county commissioners; (6) All classes and positions now existing or that may hereafter 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;
Page 4904
(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 statue 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 director 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
Page 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.
(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 discipline 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 disciplined 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
Page 4906
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 performance 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.
Page 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 establishment 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.-Dec. Sess., p. 2716), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. 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.
Page 4908
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. 1982. /s/ Cynthia Fuller Representative, 27th District
Page 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 Development 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
Page 4910
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 abandoned right of way of West Goss Street with the West side of the right of way of Powder Springs Road, and running thence southerly 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 interests 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.
Page 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
Page 4912
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.
Page 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 Washington Avenue, and being more particularly described as follows: BEGINNING at the intersection of the North side of Washington 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.
Page 4914
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
Page 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 KENNESAWCORPORATE 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:
Page 4916
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 intersection 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 northwesterly 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
Page 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 BEGINNING
Page 4918
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 southwesterly 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 intersection 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 northeasterly 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 southeasterly 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.
Page 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 westerly 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
Page 4920
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 pin; running 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 southeasterly 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
Page 4921
right of way line of Moon Station Road and following the curvature 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 southwesterly 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 curvatures thereof to a point on the southwesterly right of way line of U. S. Highway No. 41, said point being due south of
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 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:
Page 4922
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. Highway 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 southeasterly 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
Page 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 southwesterly 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 intersection 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
Page 4924
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 northwesterly 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 intersection 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 southwesterly 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 Mountain 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.
Page 4925
This 31st day of Dec. 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson Georgia 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.
Page 4926
WALKER COUNTYSMALL 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.
Page 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 defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a 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
Page 4928
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 proceeding and ruling had in each case shall be indicated. Section 8 . (a) The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $20.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality.
Page 4929
All attachment proceedings shall be tried by the judge and without a jury. Section 9 . (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction
of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such 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.
Page 4930
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 accomplish 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 constables. 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.
Page 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:
Page 4932
Page 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
Page 4934
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 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 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,
Page 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 MOLENANEW 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 corporate 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
Page 4936
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 collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and the repeal of conflicting laws, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act, and for the violation of ordinances and regulations enacted pursuant thereto; 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 Designation . 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. City's Powers as Body Politic and Corporate . 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
Page 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 purposes of said city. Said corporation, through its mayor and councilmen, 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 Process of City . Whenever any real property is sold under any process of the city, the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such 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 councilmen 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.
Page 4938
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 residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving to be filled as provided in 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 mayor's 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 councilman's 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.
Page 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 tem 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.
Page 4940
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
Page 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, however, that the offices of clerk of council and city treasurer can be combined 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, nonfeasance or negligence, as the mayor and council may by ordinance prescribe.
Page 4942
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.
Page 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.
Page 4944
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 compensation 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, insubordination, 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 enumerated 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 provided 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.
Page 4945
Section 3.15. Fire Department: Establishment, Maintenance . 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 purchase 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, Generally . 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 ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the
Page 4946
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 herewith; provided further, that nothing contained in this and the previous 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 . Authority 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;
Page 4947
(b) Furnishing public services. To furnish all local public services as herein specified and provided for; (c) Public utility franchise. To grant local public utility franchises 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 business, 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 construction, reconstruction, material, location, height, maintenance and occupancy of buildings, signs and signboards and other structures;
Page 4948
(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, organize 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 amendment or repeal, in whole or in part, at any time; provided, however, that the ordinance adopting a code shall be passed in accordance with Section 4.1. Section 4.7. Designation, Abatement of Nuisances . The mayor and council of the city may by ordinance declare what shall be
Page 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 cit and its inhabitants. 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 Protect 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.
Page 4950
(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 buildings 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 ordinances to accomplish the provisions of this Section, and to provide a penalty for the violation of such ordinances.
Page 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 necessary 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 prescribe 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.
Page 4952
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 encumbrances 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 PlacesOpening 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
Page 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 abutting 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 proportion such abutting real estate bears to two-thirds (2/3) of the cost of such improvements or work on or along such street, sidewalk, avenue, alley, lane or other public place, or according to the area or value of said real estate, any or all, as may be determined by ordinance. (d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance 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
Page 4954
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 improvement contemplated and provided for by this Section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work or improvement in each case. (h) Application to maintenance, repair. The 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
Page 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) Servie 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 publication 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 authority 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
Page 4956
such improvements or parties furnishing material therefor, in settlement 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 improvement 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
Page 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 constructed, 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 crossings 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 executed 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 estimates thereof shall be submitted to the mayor and council by said
Page 4958
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
Page 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 purchases 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
Page 4960
and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them, to the inhabitants of 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 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 furnishing 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 council of the city are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and accomplish the purposes of this Section; provided, however, that no provision of an existing franchise shall be impaired.
Page 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 systems, 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 distribution 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.
Page 4962
(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 Improvements . The city may issue bonds for the payment of its debts or for public improvements, but such bonds shall be issued only in accordance 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
Page 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 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 ordinance. (c) Use of funds. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose.
Page 4964
Section 4.37. Returns of Property for Taxation: Determination 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. Executions 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 executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of execution which apply to deeds executed by the sheriffs under levy of executions for State and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds
Page 4965
executed by sheriffs under levy of executions for State and county taxes. Section 4.39. Licensing, Regulating Businesses, Occupations, 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, Business, 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.
Page 4966
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, regulations, 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.
Page 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 purpose of preventing trespass thereon. (b) Fees and charges. They may regulate the charges of gravedigging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the
Page 4968
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, Overhanging 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.
Page 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, Prostitutes . 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 Convicts, 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: Establishment, 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.
Page 4970
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 authority whether in its presence or otherwise; (b) Summonses, subpoenas. To issue summonses and subpoenas 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 imprisonment 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;
Page 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 exceeding 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 discretion of the presiding officer of the police court, and such presiding officer shall have the authority to impose any of the above punishments 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
Page 4972
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 accuseof 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.
Page 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 ConvictionPrerequisites . 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 . Nothing 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
Page 4974
pauperis in lieu of giving bond and security and the payment of the costs. Section 5.18. SameAffidavit, Bond to Act as Supersedeas . 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
Page 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 corporate 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, Ordinances . 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 offender's 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
Page 4976
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 city's 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 Violation 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.
Page 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 Registration . 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 Georgia 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 citizenship, 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 registration, 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.
Page 4978
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 discharge, 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 clerk's 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.
Page 4979
Section 7.11. Registration of Absent Persons . Any qualified 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 disqualification 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 completed 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
Page 4980
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 elector's 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 superseded 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 purnished 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.
Page 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 challenged, 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; the resolution of the council declaring the results of the election shall be entered on the
Page 4982
minutes of the council; provided, however, that any two (2) councilmen 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 therefrom, 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, Remedies, Debts, Liabilities . The City of Molena, as continued by
Page 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 Resolutions . 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, 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 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.
Page 4984
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.
Page 4985
CITY OF LaGRANGEBOARD 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 myor 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
Page 4986
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, towit: 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
Page 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 Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve selfliquidating projects embracing 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 Authority
Page 4988
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 undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and authorize the collection and pledging 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 corporation and by such name, style and title, said body may contract and be
Page 4989
contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the Trustee acting under any trust indenture shall in no event be liable for any torts committed by any
of its officers, agents or employees. (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 appointment 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.
Page 4990
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 reasonably required by the Authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. project shall be deemed to mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties: (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, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk connecting and other sewers and watermains, filtration works, pumping stations, and equipment. 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.
Page 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 contractual 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 condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as
its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, 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 maintaining
Page 4992
a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of the said system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, 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 employees, 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 projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State and all special districts 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 counties 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
Page 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 instrumentality 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, instrumentality 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 corporations performing similar functions, including the power to make short term loans and to approve, execute and deliver appropriate evidence of any such indebtedness, providing, no such power is in conflict with the Constitution or general laws of this State; and (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
Page 4994
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 registration, conversion and exchangeability privileges, rights of redemption, and may contain such other terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Section 7 . Same; signatures; seals. All such bonds shall bear the manual or facsimile signature of the Chairman or Vice Chairman of the Authority, the attesting manual or facsimile signature of the Secretary, Assistant Secretary or Secretary-Treasurer of the Authority, and the official seal of the Authority shall be affixed thereto, either manually or by facsimile. 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-Treasurer 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 Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of issuance of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall
Page 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 quolities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and 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 certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12 . Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any 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
Page 4996
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
Page 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 revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17 . Same; sinking fund. The revenues, fees, tolls, charges and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, 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
Page 4998
provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may
otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18 . Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by 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
Page 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 municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the Authority to furnish or receive the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality or other party shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, instrumentality or other party contracting with the said Authority. Section 22 . Same; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in 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.
Page 5000
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 distribution 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 municipalities within and without the said county and to adjoining counties; 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 undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. 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
Page 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 inhabitants, 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 provisions. 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, conferring powers and imposing duties on said Authority, repealing conflicting 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
Page 5002
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 DALTONCHARTER 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
Page 5003
approved February 11, 1977 (Ga. L. 1977, p. 2601), and an Act approved March 18, 1980 (Ga. L. 1980, p. 3242), so as comprehensively 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 participant 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.
Page 5004
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 Participant's 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 Employee's 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.
Page 5005
1.12. `Employment Commencement Date' shall mean the date on which the Employee first performs services as a fulltime 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. `Participant's Contributions with Interest' shall mean as of any date the total of a participant's 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 Adviser's Act of 1940, a bank or an insurance company,
Page 5006
and (a) has the power to manage, acquire, or dispose of Plan assets, and (b) who acknowledges in writing his fiduciary
responsibility 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 Participant's 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 Participant's 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 retirement or termination the monthly retirement benefit of the Participant, equal to the product of (a) multiplied by (b), where (a) is Thirteen hundredths (0.13%) percent (.0013) of the Participant's 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
Page 5007
one or more enrolled actuaries. If the Plan Actuary is a company, such company shall designate, in writing to the Board, the individual 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 accordance 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 accordance 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
Page 5008
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 determine the eligibility of each Employee for participation in the Plan based upon information furnished by the Employer. Such determination 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 Employer's Right to Discharge . Participation in the Plan shall not give any Employee the right to be retained in the Employer's 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
Page 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 Participant's 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 Participant's 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 Participant's 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 Participant's normal retirement date. In the event of the Participant's 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 Participant's 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 spouse's 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 Participant's 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 retirement 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.
Page 5010
(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 Participant's 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 Participant's 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 Participants 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 retirment 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 Participant's early retirement date is the first (1st) day of the month coincident with or immediately following the day of the Participant's 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:
Page 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 Participant's 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 Participant's 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 Participant's early retirement date. In the event of the Participant's 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 Participant's 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 spouse's 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 Participant's 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
Page 5012
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 retirement benefit commencing at late retirement date shall be the actuarial 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 Participant's late retirement date shall be payable in advance on the first day of each month with the first payment due on the Participant's 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 Participant's late retirement date. In the event of the Participant's 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 Participant's 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 spouse's 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 Participant's 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 .
Page 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 Participant's death. 6.02. Qualifying Spouse Deemed Beneficiary Where No Beneficiary Designation Made . If a Participant with a qualifying spouse has not made a beneficiary designation as hereinafter provided in Section 6.03 (i), said qualifying spouse shall be deemed the Participant's 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 Beneficiary 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,
Page 5014
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 applicable
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 Sections 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 * * Assume benefit commences in Plan Year of reference #1. Plan Year of Reference Monthly Benefit
** ** Any adjustment is potentially subject to waiver of costof-living by the Board. Percentage Adjustment **
Amount of Adjustment Monthly Benefit after 1 $100 - - - 2 $100 4% $4.00 $104.00 3 $100 4% $4.00
$108.00 4 $100 4% $4.00 $112.00 5 $100 4% $4.00 $116.00 6 $100 4% $4.00 $120.00 7 $100 4% $4.00
$124.00 8 $100 4% $4.00 $130.00 9 $100 4% $4.00 $134.00 10 $100 4% $4.00 $138.00 11 $100 4%
$4.00 $142.00 etc.
Section 8. Termination of Employment Before Retirement . 8.01. Termination prior to 180
Months of Credited Service . Any Participant whose employment with the Employer terminates 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 credited 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 Participant's 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 terminates 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 Participant's 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 Participant's reaching his 65th birthday and in advance on the first day of each month
Page 5016
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 Participant's reaching his 65th birthday. In the event of the Participant's 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 Participant's designated beneficiary 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 Participant's contributions with interest as provided 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 Participant's 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 Participant's 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 Participant's 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 Participant's reaching age 55. In the event of the Participant's 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 Participant's designated beneficiary as provided in Section 6.03 hereof.
Page 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.
Page 5018
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.
Page 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, diversify plan investments with a view towards minimizing the risk of large losses, unless it is clearly prudent not to do so under the circumstances. (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 fiduciaries 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
Page 5020
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 Commission, 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 Commission, (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.
Page 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 trustee's 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.
Page 5022
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 recommendations 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
Page 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 improvements 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 Board's 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
Page 5024
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 satisfaction of all liabilities for benefits under the Plan with respect to such persons. Section 12. Miscellaneous . 12.01. Forms . All consents, elections, applications, and designations required or permitted under the Plan must be made on Forms prescribed and furnished by the Employer or the Investment Manager, 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 person's 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 regulations. 12.05. Limitation of Assignment . No Participant or Beneficiary 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
Page 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 whatsoever 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
Page 5026
Employer contributions hereunder; forfeitures shall be applied to reduce the Employer's 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 Employer's 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.
Page 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 immediately 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.
Page 5028
12.16. No Pension Benefit Payable Before Termination of Employment; Pension to Cease if Again Placed on Payroll . (i) No benefit, sum or amount may be distributed to any Participant 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 Benefit 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.
Page 5029
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
Page 5030
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 governmental 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 Legislation was published in the Daily Citizen News which is the official organ of Whitfield County, on the following dates: Dec. 11, 18 24, 1981.
Page 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 validation proceedings; to provide for the validity of lease contracts and the
Page 5032
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 operation 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, equipment, 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 acquisition, 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
Page 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 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 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 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 political subdivisions, municipal corporations, departments, 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.
Page 5034
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 Authority 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 authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the
resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued,
Page 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 consulting engineers or architects, and inserting in lieu thereof the words: with the professional assistance of consulting engineers or architects, 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
Page 5036
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
Page 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 I(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 corporation, 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 indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of any lessee to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of any lessee which is not a private person, firm, or corporation, nor shall any such bond constitute a charge, lien, or encumbrance,
Page 5038
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, without 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, subdivision, 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 adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the Authority issuing the same, and any Authority, subdivision, instrumentality, agency, municipal corporation, or other lessee contracting with the County Building Authority. Section 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
Page 5039
Authority entered upon pursuant to this Act shall constitute obligations 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 preceding 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 11 . 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 Constitution 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.
Page 5040
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
Page 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
Page 5042
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.
Page 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
Page 5044
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.
Page 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:
Page 5046
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 COUNTYCOMPENSATION 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 clerk's 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
Page 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 clerk's 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.
Page 5048
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.
Page 5049
BIBB COUNTYBOARD OF PUBLIC EDUCATION AND ORPHANAGEPURCHASE 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 vocational 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.
Page 5050
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.
Page 5051
GLYNNBRUNSWICK HOSPITAL AUTHORITYMEMBERS. 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 members; 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 Authority 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 unincorporated 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
Page 5052
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 involvement 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 substantial 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.
Page 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
Page 5054
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 approximately 1:30 P.M., J. Douglas Dickey parked Mr. William Dickey's automobile, a 1974 Datsun, in the student parking lot, located at the corner of Ferst and State Streets, of the Georgia Institute of Technology; and WHEREAS, while J. Douglas Dickey was in the process of parking Mr. William Dickey's 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 Dickey's 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.
Page 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 University System of Georgia is hereby authorized and directed to pay the sum of $454.25 to Mr. K. E. Gordon as compensation as provided
Page 5056
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 department; and WHEREAS, Mr. Mathis stole a vehicle belonging to the Department 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 Rehabilitation 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.
Page 5057
DR. McKEE HARGRETT BRIDGE DESIGNATED. No. 105 (House Resolution No. 583). A RESOLUTION Designating the Dr. McKee Hargrett Bridge; and for other purposes. 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 Osteopathic 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 County's representative in the General Assembly of Georgia for three sessions; and
Page 5058
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 Transportation 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 Department of Transportation, was requested by the department to document the conditions before and after the completion of a rehabilitation 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 represented 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
Page 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
Page 5060
WHEREAS, he also served on the Board of Regents of the University System of Georgia and contributed greatly to the development 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 Transportation is authorized and directed to erect and maintain appropriate 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 postmaster at Resaca in 1946, and served the Resaca community in this capacity for 35 years; and WHEREAS, Mr. Holland's 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
Page 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 Transportation 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 Bloodworth, Jr., Bridge; and for other purposes. WHEREAS, Mr. William Franklin Bloodworth, Jr., was born 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 construction of the bridge by which U. S. Highway 441 crosses Commissioner 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
Page 5062
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 Transportation 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.
Page 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.
Page 5064
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 construction 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 highway; and WHEREAS, in attempting to avoid a collision with construction vehicles and personnel, Gabriel Cummings lost control of the motorcycle and fell to the ground; and
Page 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 adequately covered by state insurance; and
Page 5066
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 department 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.
Page 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 Heery's services to the people of his community, 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, born 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 Assembly 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 Dickey's 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 appreciation of the great public services rendered by Judge B. B. Heery and Judge Grady Lee Dickey.
Page 5068
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 HeeryDickey Regional Youth Development Center. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate 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. Mann's automobile while attempting to pass between such vehicle and a rail fence; and WHEREAS, Mr. Mann suffered damages to his automobile totaling $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.
Page 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 County's 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
Page 5070
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 Transportation 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 Commission; 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
Page 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 creted 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 delegation 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.
Page 5072
BE IT FURTHER RESOLVED that the commission shall study all aspects of establishing a merit system of employment for employees of the sheriff in Richmond County. The commission may undertake 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 recommendations 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 HELENANEW 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 vacancies of the mayor and councilmen; to provide for calling and conducting council meetings; to provide for quorums; to provide for ordinances, rules, regulations, bylaws, practices and procedures; to provide 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
Page 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 employees 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 appointment, 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 punishments 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 procedures 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 conflicting 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.
Page 5074
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 assessment, 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, occupations, trades and professions and to license and regulate such privileges, occupations, trades, and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) Appropriations and Expenditures. To make appropriations 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;
Page 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, 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 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 regulations 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, curative, 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
Page 5076
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 construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy and aesthetically pleasing community; (16) 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
punishment for violation of such ordinances; (17) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such ordinances; (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
Page 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 destruction 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, 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; (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 inhabitants of the city and to provide for the enforcement of such standards;
Page 5078
(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 sentences 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 ordinance; 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 insurance 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;
Page 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 collection 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 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; (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
Page 5080
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 provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or wellbeing 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 operation 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
Page 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 corporate 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 public 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
Page 5082
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 compelling 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
Page 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 unexpired 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
Page 5084
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 ordinance 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 ordinance 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
Page 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 employment. 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 city's affairs. He shall be responsible for the enforcement of laws, rules, and regulations, 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 the city affairs and shall have such powers and duties as may be provided by ordinance and not inconsistent with this Act. 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.
Page 5086
The council shall require the person appointed as city treasurer, before entering upon discharge of his duties, to give good and sufficient 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 city's 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 officer's 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.
Page 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 attendance 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 administration of said court, and to punish for contempt, provided such punishment 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,
Page 5088
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 committed 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
Page 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 treasury. 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.
Page 5090
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 provisions 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 installments 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, sidewalk, curbing, gutters, sewers, or other utility mains or appurtenances, 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
Page 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 advantage 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 assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and
Page 5092
sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or County ad valorem tax fi. fas., as said requirements now exist or 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 municipalities 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 councilmen 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
Page 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 otherwise 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 hereafter 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 o'clock a. m. local time to 7:00 o'clock 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
Page 5094
published in the election notice as required by law; provided, however, 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,
Page 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. ARTICLE VII REPEALER 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-incorporate 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. 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. 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. 17 24, 1982 March 2, 1982.
Page 5096
/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 COUNTYMAGISTRATE'S COURT. No. 1481 (Senate Bill No. 780). AN ACT To amend an Act
creating the Magistrate's 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 Magistrate's 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:
Page 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 magistrate 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 Magistrate's Court of Glynn County, approved April
Page 5098
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.
Page 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 probation 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.
Page 5100
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 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, 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 according to the United States census of 1970 or any future census shall be
Page 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. 1974, p. 2627),
Page 5102
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 necessity 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 Authority's powers to bargain collectively 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 expiration 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), an 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),
Page 5103
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 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 disposition 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.
Page 5104
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 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. (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 bargaining 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 submitted 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
Page 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 management 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 service 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 payment of fringe benefits afforded to full-time employees, except that no parttime employee shall work more than 25 hours per week; and (G) The right, respecting rights of seniority, to establish 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
Page 5106
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 adhering to all legal requirements governing the Authority's 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 Authority's 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 Authority's 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
Page 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 representative concerned, and the public. The report shall recommend appropriate wages, hours, and working conditions for the Authority 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 arbitration 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 collective 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, sitdown, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not
increase, decrease, or otherwise change the wages (including accrued cost-of-living allowances) 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.
Page 5108
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 unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 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
Page 5110
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
Page 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
Page 5112
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
Page 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
Page 5114
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 COUNTYFISCAL ADMINISTRATION OF SHERIFF'S 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:
Page 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 sheriff's 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.
Page 5116
(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 paragraphs (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 determination of such modification. It is specifically provided, however, that the final approval of the budget of the sheriff shall be made by the county governing authority, except to the extent that such budget is limited by the terms of this Act. Once approved by the county governing authority, said budget shall control county expenditures for the operation of the sheriff's office for the ensuing fiscal year, unless amended as a result of an emergency as provided in subsection (f) of this Section. (d) The total expenditures for the operation of the sheriff's office, excluding the cost of operating the county jail and caring for the prisoners therein, shall not exceed $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 budgeted. The disbursement of funds to pay for the operation of the sheriff's office, as fixed by the budget, shall be at such periods and pursuant to such procedures, which shall include clear and reasonable documentation, as shall be established by the county governing authority. (e) Proposed expenditures for the purchase of automobiles for the use of the sheriff's office shall be budgeted under paragraph (5) of
Page 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 sheriff's office, said automobiles shall be stationed at a location of access to the on-duty personnel of the sheriff's 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 sheriff's 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, information additional to such report necessary to reflect fully and accurately all expenditures of the sheriff's 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 Sheriff's Department of Catoosa County, Georgia, for the purpose of setting a budget and for other purposes.
Page 5118
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 Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 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.
Page 5119
ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES
Page 5120
CHARLTON COUNTYCOMMISSION MEETINGS. A Resolution amending an Act creating the Board of Commissioners of Roads and Revenues for the County of Charlton, approved 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 August 4, 1927 (Georgia Laws 1927, page 529) as amended, particularly 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 inserting in lieu thereof the word Thursday; and by striking from Section 7 the words Ten O'Clock A.M. wherever they appear in said section, and inserting in lieu thereof the words Two O'Clock 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 meeting in each month on the first Thursday thereof, the first meeting to be held on the First Thursday in January, 1928 at 2:00 O'Clock 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 condition 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-Chairman, and every one year thereafter on the first Thursday in January a Chairman and a Vice-Chairman shall be elected, but any Chairman or ViceChairman shall hold his office until his successor is elected, and nothing therein shall prevent
Page 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, perform 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 preside 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 County's 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 regular 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
Page 5122
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 Charlton 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 original Resolution as adopted by the Charlton County Board of Commissioners in regular session, Wednesday, March 4, 1981.
Page 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 Constitution 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 duties, 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 duties, 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:
Page 5124
1. By deleting Section 2(a), as amended, in its entirety and substituting in lieu thereof the following: I. The governing authority of DeKalb County, Georgia, is hereby authorized to establish a Merit System Council composed of five (5) citizens who are freeholders of DeKalb County and who possess interest in the improvement of public administration 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 jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV. This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination 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 inspection
Page 5125
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 Commissioners, 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.
Page 5126
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 ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior 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
Page 5127
within and for said County and State, Gerald W. Crane, publisher 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 which 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 Constitution of the State of Georgia, to amend an Act, as amended, creating the Chairman and Board of Commissioners for the County of DeKalb, prescribing their duties, responsibilities, terms of office, 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.
Page 5128
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 Commissioners for the County of DeKalb, prescribing their duties, responsibilities, terms of office, method of appointment and related 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 o'clock A.M. at the county seat for all matters requiring action of an administrative or policy nature, and at 10:00 o'clock 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 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 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. 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 o'clock A.M. at the county seat for all matters requiring action of an administrative or policy nature, and at 10:00 o'clock 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 meetings as shall be necessary when called by the Chairman or
Page 5129
any four (4) members of the Commission, provided all members 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) members 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 recess 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 voting rights as other Commission members on the questions considered by the Commission. 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 jurisdiction, 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. IV This ordinance shall be presented to the Board of Commissioners of DeKalb for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment 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
Page 5130
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 Commissioners 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
Page 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 Commissioners, 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 Chairman
Page 5132
and Board of Commissioners for the County of DeKalb, know as Georgia Laws 1956, page 3237, et seq, to revise that section 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 Commissioners 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 proposed ordinance has been filed with the Clerk of DeKalb Superior 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, publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the Public 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
Page 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 COUNTYBOARD OF COMMISSIONERS MERIT SYSTEM ACT AMENDED An Ordinance of the Board of Commissioners of Floyd County, Georgia to amend an Act entitled Floyd County Merit System Act approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513); as amended by Home Rule, (Ga. Laws 1980, pp. 45834590), as amended, so as to provide an additional exemption from coverage under the Merit System; to abolish the present Floyd County Merit System Board and create a new Board composed of five members; to provide for rights, duties, and powers of the Board; to provide qualifications for members of the Board; to designate membership positions; to provide for appointment, election, and selection of Board members and the procedures connected therewith; to provide for terms and vacancies; to provide for removal of members and procedures connected 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
Page 5134
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 entirety Section 3 thereof and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The members of the Floyd County Merit System Board serving immediately prior to the effective date of this Section shall continue to serve their terms of office until all initial members of the new Board created by subsection (b) of this Section shall have taken office, at which time the Merit System Board on which these three persons served shall be abolished. (b) There is hereby created a new Floyd County Merit System Board which shall consist of five members and which shall be the successor to all 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 subsection (b) unless that person shall have been a resident of Floyd County for at least two years prior to becoming a member of the Board and unless that person remains a resident of Floyd County during such service as a member of that Board. No person shall be a member of that Board if such person was an elective county officer in Floyd County at any time during the 12 month period immediately preceding that person's becoming a Board member or if such person holds any elective public office during such person's term of office as a Board Member. No person shall be a member of that Board if such person was an employee subject to the provisions of this Act at any time during the 12 month period immediately preceding that person's becoming a Board member or if such person becomes an employee
Page 5135
subject to the provisions of this Act during such employee's term of office as a Board member. (d) Each of the five members of the Board created by this Section shall occupy a position, designated as Positions 1, 2, 3, 4, and 5, on the Board as follows: (1) Within 30 days after the effective date of this Section the governing authority of Floyd County shall appoint one person as a member of the Board for Position 1 and one person as a member of the Board for Position 2. The person initially appointed for Position 1 shall serve for a term of office ending December 31, 1981. The person initially appointed for Position 2 shall serve for a term of office ending December 31, 1983. (2) Within 30 days after the effective date of this Section the employees subject to the provisions of this Act shall elect one person as a member of the Board for Position 3 and one person as a 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
Page 5136
(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 member's term of office, a successor shall be selected in the same manner in which the incumbent was selected and shall take office on the first day of January immediately following such selection. Vacancies shall be filled for the 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.
Page 5137
Section 3 . This Ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for Home Rule for counties. 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 herewith 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
Page 5138
State of Georgia County of Floyd In person before the undersigned attesting officer appeared the undersigned who, on oath, says that they are authorized representatives of the Rome News Tribune and authorized to make this Affidavit and that the advertisement as per attached clipping has been published in the Rome News Tribune on the following 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 Commissioners proposes to adopt the following Ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file in the office of the Clerk of the Superior Court of Floyd County, Georgia. The Clerk of said Court will furnish anyone upon written request, a copy of said Ordinance. SYNOPSIS OF PROPOSED AMENDMENT Said 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 additional exemption from coverage under the Merit System; to
Page 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 members 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.
Page 5140
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 25901(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 therefore 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 obtained 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)(1)), will at the regular meetings of the Board of Commissioners to be held on September 22 and September 29, 1981, adopt a resolution amending 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 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 Session, 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
Page 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 September, 1981, at the County Administration Building, Lawrenceville, 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 Georgia, 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 notice 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 CLERK'S 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 September, 1981, as same appears on the minutes of said Commissioners in their office.
Page 5142
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 State's 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)
Page 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 ordained by the Board of Commissioners of Jeff Davis County, Georgia, in lawful meeting assembled on theday 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, partnership,
Page 5144
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 affairs 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 convicted
Page 5145
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 management 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 having 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 officers or directors of any corporation, for the operation of an establishment 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 following 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
Page 5146
names, and, in the case of 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 partnership or firm shall be furnished; and in the event the Applicant is an association or corporation, the names and addresses 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 Applicant and the address of the establishment for the sale of malt beverages and wine. (d) The names and addresses of all employees of the establishment at the time of making the application. (e) The name and address of the nearest church and the estimated distance from the establishment. (f) The name and address of the nearest school and the estimated distance from the establishment. (g) The name and address of the nearest public park or playground 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 license. 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 revoked? If the answer is in the affirmative, state the month and year of such revocation, the jurisdiction revoking the license 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 misdemeanor involving moral turpitude, the offense of gambling, or an offense involving violation of the Georgia Controlled
Page 5147
Substance Act? (k) A consent statement by the applicant that all necessary investigation reports on applicant and any employees in the applicant's 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 furnished to the Licensor; and that applicant will be responsible for the cost thereof. If so requested, applicant shall also obtain such consent forms from each employee who will be employed in applicant's establishment. Licensor may, at its option, require fingerprinting and/or photographs of applicant and applicant's 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 application 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 renewal of his license by such time without just cause will be required 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 consider, among other things the following: The location of the establishment; traffic conditions; the uses of the surrounding property; the general character
of the neighborhood; community standards and practices; the integrity and character of the applicant and his employees; the conviction of the applicant or his employees for the violation of any criminal statutes; the question of whether or not applicant holds a license for the sale of
Page 5148
alcoholic beverages; and other relevant factors deemed by Licensor 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, cashier's 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 sheriff's sales are authorized to run; the first running of the notice must be at least thirty (30) days prior to the application's consideration by Licensor. 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 oppose 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 people living within such one (1) of the proposed location of an establishment oppose the grant of the license and that issuance of the license would be a hazard or nuisance to the neighborhood.
Page 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 addition to all other fees and taxes required herein, an initial administrative fee of fifty dollars ($50.00) to defray initial administrative 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 investigative officer as Licensor may appoint, who shall investigate the character of the applicant and other parties listed on the application, 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 investigative officer. Licensor, after such investigation, shall consider the application and either grant or deny the application. A denial of an application shall be delivered to the applicant in writing personally or sent by registered or certified mail to the address shown on the application. 15. If an application is denied, applicant may petition the Licensor for reconsideration, providing applicant has additional relevant information to present which was not presented to Licensor at the time of its original consideration. Such petition must be filed with Licensor no later than seven (7) days following 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 Resolution is hereby imposed and shall be as follows:
Page 5150
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 another 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 Licensee's 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 Licensee's establishment. 2. Licensee shall not employ in the operation of said establishment any person who can not meet the qualifications of any applicant 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 compliance 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
Page 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 wholesaler's invoices. 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 Licensee's establishment of malt beverages and wines by all wholesalers, which said records shall include copies of the wholesaler's 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 beverages or wine on the premises of Licensee's establishment at any time, unless otherwise approved by Licensor. On-premise consumption shall generally be limited to private clubs. 7. No Licensee shall sell or make available any beer, malt beverage or wine to minors, habitual drunkards, or intoxicated persons. 8. No beer, malt beverages or wine shall be sold on any Sunday, 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 licensed 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 operated
Page 5152
under the personal supervision of the Licensee. SECTION VI: WHOLESALE DEALERS 1. Applicants for wholesale license for the sale and distribution 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 provided 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-quarter () mile, measured in a straight line, from a church (including 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 determined 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) per twelve (12) ounces, or proportionately thereof, so as to prorate the tax on bottles, cans and containers of various sizes. (Reference Section 58-706.1 Code of Georgia).
Page 5153
2. On Wine: Eighty cents (80) per gallon or twenty-two cents (22) 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
copies of all invoices from wholesale dealers of malt beverages 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 licensee's 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 discretion of the Licensor. 2. A license may be suspended or revoked whenever in the judgment of the Licensor the suspension or revocation of the license would be in the best interest of the general public. 3. Licensor may suspend a violator's 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 license shall consist of the conviction or plea of guilty or nolo contendere 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
Page 5154
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 Licensee's 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 revocation of Licensee's license. 6. Within ten (10) days of the hearing on such matter, Licensor shall render a decision on the matter, notifying Licensee, in writing, of its decision, by registered or certified mail, or by personally delivering the same to Licensee. In the event of a suspension or revocation no rebate shall be made on any portion of any licensee fee paid. 7. After revocation of any license granted hereunder, no person 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 products 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
Page 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 ordinance 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 Licensor 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 Commissioners
Page 5156
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, Constitution 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 repealed 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 constituting the final adoption of said Resolution and Motion following the running of the required legal notice for the three weeks immediately preceding.
Page 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 Establishment 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
Page 5158
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 application. 3. Applicants for renewal of license may use this form or alternate 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 ()
Page 5159
Page 5160
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. APPLICANT'S CONSENT, CERTIFICATION, AND ACKNOWLEDGEMENT: I hereby consent to Licensor's obtaining all investigation reports 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 responsible for all costs thereof. I further certify that neither I, nor any of the other employees or parties at interest listed above, have been convicted of, plead guilty to, or entered a plea of nolo contendere to any felony, 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 Substance Act. I further swear that the information provided above 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. I further certify and acknowledge that I have received (or previously received) a copy of and have read the current resolution and ordinance regulating the sale and distribution of malt
Page 5161
beverages and wines in Jeff Davis County, Georgia. 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 initial application. 2. All fees must be tendered with this application.
Page 5162
Page 5163
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
Page 5164
* This petition is required only for Applicants seeking a new license for an establishment in an established residential area.
Page 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 published 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 resolution conflicts with the new resolution and ordinance. The proposed new resolution and ordinance will provide definitions of terms used in the resolution; a listing of the qualifications for applicants and licensees; the procedure for granting licenses (wholesale or retail); the fees for an annual license and its term and transferability; regulations relating to wholesale dealers; location of establishments; imposition and payment of excise taxes; regulations covering the revocation, suspension and automatic forfeiture of licenses; a grandfather clause to protect the rights of existing licenses and establishments; regulations relating to the furnishing of copies to applicants and licensees, severability 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 Superior 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 February
Page 5166
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 o'clock 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 2/11-18-25c 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 approved August 14, 1909 (Ga. Laws 1909, p. 420), an Act approved
Page 5167
August 17, 1911 (Ga. Laws 1911, p. 453), an Act approved 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 approved February 12, 1960 (Ga. Laws 1960, p. 2077), so as to
provide 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 Constitution 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 approved August 14, 1909 (Ga. Laws 1909, p. 420), an Act approved August 17, 1911 (Ga. Laws 1911, p. 453), an Act approved August 16, 1915 (Ga. Laws 1915, p. 277), an Act approved August 17, 1917 (Ga. Laws 1917, p. 369), an Act approved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved February 20, 1951 (Ga. Laws 1951, p. 2694), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act approved February 12, 1960 (Ga. Laws 1960, p. 2077), is hereby amended by 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 fiathful and honest performance of his duties. Henceforth, all purchases shall be made under the authority of a purchase order signed by the
Page 5168
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 possible prices commensurate with quality and shall maintain sufficient 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 action. The grand jury shall approve, by two-thirds affirmative vote of those present and voting, the salaries of all such employees of Laurens County. The salaries of all those employees 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 following degree, towit: father, mother, brother, sister, son, daughter, uncle, aunt, niece, nephew, or first cousin by blood
Page 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 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 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 supervision of the Tax Commissioner, the Sheriff, the County School Superintendent, or the Clerk of the Superior Court of Laurens County, or in any offices which said officials may hold as ex-officio officer, any person as officer, agent, servant or employee 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 relationship herein listed as hereby prohibited, and shall be illegal. 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 employee 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
Page 5170
amended to read as follows: Section 3. No contract in excess of one thousand five hundred ($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 lowest 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) successive weeks and sealed bids will be opened at the public meeting of the county commissioners which follows the running 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 originally 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 Ordinance are hereby repealed.
Page 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 newspaper of general circulation in Laurens County, Georgia, on October 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 Ordinance
Page 5172
to be enacted on Tuesday, Oct. 20, 1981, at 4:00 o'clock p.m., at a public meeting to be held in the Commissioner's 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 requirement 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; require 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.
Page 5173
CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED
Page 5174
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 subparagraph 13. and ordaining in lieu thereof the following: 13. The General Manager shall be the purchasing and contracting 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 Commissioners, 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 compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3 . All Charter provisions and laws or parts of Charter
Page 5175
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 authorized to administer oaths in said State and County, Geoffrey L. Gray, who having been sworn, states that he is Advertising Director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald , a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for 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
Page 5176
City of Albany, Georgia, an ordinance proposing under the Municipal 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 related 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 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 A-1 entitled Authority to Grant of Article A entitled Pensions is amended by repealing the second paragraph of said Article A-1 and ordaining in lieu thereof the following:
Page 5177
All employees of Artesian City Federal Credit Union or its successors, and all employees of Albany Metropolitan Planning Commission or its successors, shall be eligible to participate 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 Commission 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 Albany 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 participation 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 Metropolitan 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 compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3 . All Charter provisions and laws or parts of Charter provisions and laws in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Joann Pope CITY CLERK Adopted: January 12, 1981 Adopted: January 27, 1981
Page 5178
Affidavit of Publisher State of Georgia County of Dougherty Personally appeared before the undersigned, an officer authorized to administer oaths in said State and County, Geoffrey L. Gray, who having been sworn, states that (s)he is Advertising Director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald , daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: 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 Municipal Home Rule Act of 1965 to amend Section A-1 of Article A 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. 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
Page 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 inserting 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 authorized by the Act of the General Assembly approved August 21, 1906, as amended, and in addition to that necessary to pay the principal and interest on its bonded indebtedness, said City of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real, 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 specific
Page 5180
or occupation tax on all businesses, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises and income; to fix a license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool and other kinds of tables, ten-pin alleys, butcher shops, livery 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 occupation, shall constitute a lien upon all the property of the taxpayer or person liable and take rank as provided by law for city taxes. Section 2 . This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3 . All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed. /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 authorized
Page 5181
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 Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three (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 Municipal 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.
Page 5182
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 persons convicted in said court of violating such laws and ordinances 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 hundred eighty (180) days, and either one or more of said punishments may be imposed, or the several punishments may be cumulative, or the fine may be imposed with an alternative 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 imposed 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 ordinances,
Page 5183
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 committed 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 compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3 . All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed. /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 authorized to administer oaths in said State and County, Barbara C. Jones, who having been sworn, states that (s)he is Business Manager for the Albany Herald Publishing Company, Inc., that the Albany Herald , a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and
Page 5184
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 (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 Municipal Home Rule Act of 1965 to amend the Charter of the City of Albany so as to increase the maximum punishment for offenses 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.
Page 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 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 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 description 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 compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3 . All charter provisions or parts of charter provisions, 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
Page 5186
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 Mobile 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
Page 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 Oakridge 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 Avenue 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,
Page 5188
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 Avenue, south on Mobile Avenue to Moultrie Road, thence southeast 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 authorized to administer oaths in said State and County, Geoffrey L. Gray, who having been sworn states that (s)he is Advertising Director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc., is the publisher of the Albany Herald , a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is 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 Municipal Home Rule Act of 1965, as amended, to amend the Charter of the City of Albany so as to reapportion the wards.
Page 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 contributions to the City of Albany pension fund, and to provide for refunds 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 authorized 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 system,
Page 5190
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 participating 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 contribution 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 retired 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 interest 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-Daugherty 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 provisions, ordinances or parts of ordinances, and laws or parts of laws in conflict herewith are repealed.
Page 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 authorized to administer oaths in said State and County, Barbara C. Jones, who having been sworn states that (s)he is Business Manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc., is the publisher of the Albany Herald , a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: 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 Municipal 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
Page 5192
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 owners or to others, and for the collection or securing of any amounts advanced or paid by the City of Albany as a loan or
Page 5193
grant or expenditure in connection with its urban redevelopment 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 personal 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 provide for the issuance, recording and enforcement of said liens and executions based thereon in the same manner as executions 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 compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3 . All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed. /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 authorized to administer oaths in said State and County, Geoffrey L. Gray, who having been sworn states that he is Advertising Director
Page 5194
for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc., is the publisher of the Albany Herald , a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto was published 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 Municipal Home Rule Act of 1965 to amend the charter of the City of Albany so as to authorize the establishment of liens for garbage 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.
Page 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 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 Vehicles for Hire; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1 . That 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, 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 following 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 section shall read as follows: The department of public safety shall consist of the following bureaus: (1) Bureau of police services; (2) Bureau of fire services;
Page 5196
(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 attached hereto, marked Exhibit A and make a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3 . That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. 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 Department 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
Page 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 Counties, Georgia, for purposes of examination and inspection by the public. Thisday 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 Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on February 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. Publisher's Certificate State of Georgia County of DeKalb
Page 5198
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of City of Atlanta Charter Amendment; Section 1-3, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 12, 19, 26th day of February, 1981 Gerald W. Crane, Co-Publisher (by) Linda L. Orr Agent. Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 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 Counties, Georgia for purposes of examination and inspection by the public.
Page 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 Bureay 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 office of the Clerks of the Superior Courts of Fulton and DeKalb Counties, 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 Section 5-201 of the 1973 Charter of the City of Atlanta (Ga. Laws
Page 5200
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 authority 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 Georgia 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 subsection (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 attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta. Section 3 . That all laws and parts of laws and ordinances
Page 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 Counties, Georgia, for purposes of examination and inspection by the public. Thisday of, 1981. /s/ Larry Dingle, Clerk of Council City of Atlanta
Page 5202
APPENDIX III CITY OF ATLANTA, GEORGIA 1980 CENSUS BY DISTRICT POPULATION WHITE
NON-WHITE District 1 36,170 11,225 (31%) 24,945 (69%) District 2 35,052 5,551 (15.8%) 29,501 (84.2%)
District 3 35,152 861 (2.4%) 34,291 (97.6%) District 4 34,704 1,908 (5.5%) 32,796 (94.5%) District 5 35,591
3,782 (10.6%) 31,809 (89.4%) District 6 35,392 31,242 (88.3%) 4,150 (11.7%) District 7 36,619 33,693 (92%)
2,926 (8%) District 8 34,698 33,118 (95.5%) 1,580 (4.5%) District 9 34,852 1,896 (5.4%) 32,956 (94.6%)
District 10 36,036 333 (0.9%) 35,703 (99.1%) District 11 35,713 2,809 (5.5%) 32,904 (94.5%) District 12
34,882 11,344 (32.5%) 23,538 (67.5%)
TOTAL 424,861 137,708 (32.4%) 287,314 (67.6%) Largest
District - (District 7) 36,619 Lowest District - (District 9) 34,852 DIFFERENCE 1,767 All districts are within
2.5% of the median Council district population of 35,419. DISTRICT 1 TRACT POPULATION WHITE
NON-WHITE 52 * * 52 Includes Blocks 201 thru 209, 301 thru 311, 401 thru 410, 501 thru 515 *50 Includes
Blocks 112 thru 115, 201 thru 203, 208 thru 220, 304 thru 312 *49.95 Includes Blocks 401 thru 418, 501 thru 510, 602
thru 613 *67 Includes Blocks 102 thru 113, 201 thru 209, 301 thru 315, 401 thru 410, 501 thru 507, 605 thru 611, 701
thru 713 *70 Includes Blocks 102 thru 110, 210, 302 thru 308, 401 thru 408, 701 thru 715. 2,757 2,108 649 50 *
1,482 1,219 263 49.95 * 1,277 874 430 53 3,328 1,233 2,095 69 3,500 1,660 1,840 64 2,550 912
1,638 55.02 4,424 101 4,323 67 * 4,799 948 3,851 68.01 * 1,286 647 639 68.02 1,902 6 1,896
71 4,925 125 4,800 70 * 3,940 1,395 2,545 36,170 11,225 (31%) 24,945 (69%)
Page 5203
DISTRICT 2 TRACT POPULATION WHITE NON-WHITE 16 1,031 917 114 30 1,626 1,403 223 17 3,083 322 2,761 29 1,674 35 1,639 18 1,488 64 1,424 19 670 508 162 20 1,550 632 918 21 2,272 527 1,745 28 2,169 283 1,886 27 755 485 270 26 1,694 7 1,687 36 615 8 607 37 1,169 3 1,166 43 * * 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 1,092 2 1,090 38 * 442 1 441 35 * 703 130 573 33 * 1,453 3 1,450 48
1,937 77 1,860 49.95 * 848 16 832 55.01 3,025 31 2,994 56 1,752 61 1,691 44 2,717 9 2,708 46.95 1,287 27 1,260 35,052 5,551 (15.8%) 29,501 (84.2%)
Page 5204
DISTRICT 3 TRACT POPULATION WHITE NON-WHITE 22 2,330 4 2,326 23 3,641 11 3,630 24 3,309 5 3,304 25 4,828 8 4,820 7 2,298 702 1,596 8 2,175 56 2,119 83.01 4,215 9 4,206 83.02 3,917 16 3,901 84 5,748 29 5,719 85 * * 85 Includes Blocks 102 thru 115, 201, 202 *40 Includes Blocks 406 thru 410 2,490 21 2,469 40 * 191 0 191 35,152 861 (2.4%) 34,291 (97.6%) DISTRICT 4 TRACT POPULATION WHITE NON-WHITE 43 * * 43 Includes Blocks 204 thru 206, 304 thru 308 *38 Excludes Blocks 505, 506 *80 Includes Blocks 101 thru 106, 201 thru 209, 301 thru 308 *40 Excludes Blocks 406 thru 410 *60 Includes Blocks 401 thru 413 879 0 879 38 * 3,242 7 3,235 80 * 3,682 193 3,489 40 * 2,635 24 2,611 39 2,885 26 2,859 41 2,660 158 2,502 42.95 2,437 303 2,134 62 1,897 238 1,659 61 5,344 189 5,155 66.02 * 1,578 190 1,388 58 1,868 388 1,480 57 1,559 16 1,543 63 2,765 148 2,617 60 * 1,273 28 1,245 34,704 1,908 (5.5%) 32,796 (94.5%)
Page 5205
DISTRICT 5 TRACT POPULATION WHITE NON-WHITE 205 4,485 66 4,419 206 1,509 5 1,504 207 3,243 24 3,219 208 11,386 494 10,892 209 8,059 1,250 6,809 31 2,195 117 2,078 32 1,659 1,043 616 33 * * 35 Includes Blocks 101 102, 105, 204 *50 Includes Blocks 101 thru 111, 204 thru 207, 221, 222 *52 Includes Blocks 101 thru 117 *33 Includes Blocks 101 thru 109, 201 thru 209, 301 thru 307 1,487 9 1,478 35 * 5 0 5 52 * 1,077 315 762 50 * 486 459 27 35,591 3,782 (10.6%) 31,809 (89.4%) DISTRICT 6 TRACT POPULATION WHITE NON-WHITE 202 2,024 1,893 131 203 3,022 2,441 581 204 2,268 1,918 350 201 1,286 1,247 39 92 3,168 2,986 182 94 4,603 4,045 558 1 3,739 3,686 53 2 4,602 4,396 206 13 3,663 2,651 1,012 14 1,268 1,061 207 15 3,942 3,402 540 11 * * 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, 201 229 187 42 12 * 1,578 1,329 249 4 * 0 0 0 35,392 31,242 (88.3%) 4,150 (11.7%)
Page 5206
DISTRICT 7 TRACT POPULATION WHITE NON-WHITE 100 6,182 6,090 92 96 7,325 6,878 447 93 4,435 4,227 208 91 6,390 5,963 427 5 2,586 2,458 128 11 * * 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 1,419 916 503 12 * 2,267 1,699 568 10.95 * 3,921 3,501 420 4 * 1,933 1,800 133 101.01 * 161 161 0 36,619 33,693 (92%) 2,926 (8%) DISTRICT 8 TRACT POPULATION WHITE NON-WHITE 102.01 858 834 24 99 3,517 3,462 55 98 6,042 5,911 131 97 2,858 2,739 119 95 6,124 6,056 68 90 3,166 3,076 90 89 8,573 7,910 663 6 1,278 1,172 106 88 * * 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 1,103 934 169 10.95 * 1,179 1,024 155 34,698 33,118 (95.5%) 1,580 (4.5%)
Page 5207
DISTRICT 9 TRACT POPULATION WHITE NON-WHITE 88 * * 88 Excludes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709 *85 Excludes Blocks 102 thru 115, 201, 202 *82.01 Includes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 129 thru 141. 2,083 1,555 528 87.01 3,821 3 3,818 87.02 4,888 86 4,802 86.02 4,061 64 3,997 86.01 6,845 88 6,757 85 * 3,590 61 3,529 82.01 * 4,375 26 4,349 82.02 5,189 13 5,176 34,852 1,896 (5.4%) 32,956 (94.6%) DISTRICT 10 TRACT POPULATION WHITE NON-WHITE 81.02 7,066 11 7,055 81.01 1,413 23 1,390 60 * * 60 Excludes Blocks 401 thru 413 *82.01 Excludes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 119 thru 141 *79 Excludes Blocks 105 thru 108, 201, 202 3,721 101 3,620 82.01 * 2,544 11 2,533 78.03 7,859 53 7,806 78.04 9,409 39 9,370 79 * 4,024 95 3,929 36,036 333 (0.9%) 35,703 (99.1%) DISTRICT 11 TRACT POPULATION WHITE NON-WHITE 79 * * 79 Includes Blocks 105 thru 108, 201, 202 *80
Excludes Blocks 101 thru 106, 201 thru 209, 301 thru 308 *76.01 Excludes Blocks 101 thru 104, 901 *76.02 Excludes Blocks 101 thru 105 1,043 53 990 80 * 3,155 186 2,969 76.02 * 2,802 184 2,618 76.01 * 6,616 620 5,996 77.01 9.435 507 8,928 77.02 6,844 688 6,156 78.02 3,910 519 3,391 103 1,908 52 1,856 35,713 2,809 (5.5%) 32,904 (94.5%)
Page 5208
DISTRICT 12 TRACT POPULATION WHITE NON-WHITE 76.01 * * 76.01 Includes Blocks 101 thru 104, 901 *76.02 Includes Blocks 101 thru 105 *67 Includes Blocks 508 thru 510, 612 thru 616 *70 Includes Blocks 301, 409 thru 411, 501 thru 510, 601 thru 619 1,207 509 698 76.02 * 299 62 237 66.01 2,285 1,414 871 65 4,636 1,823 2,813 67 * 333 297 36 75 3,812 2,521 1,291 70 * 5,030 1,358 2,184 73 * 7,123 893 6,230 72 6,945 815 6,130 74 3,212 1,622 1,590 34,882 11,344 (32.5%) 23,538 (67.5%) Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of Proposed AmendmentSection 5-201, a true copy of which is hereto annexed, 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 notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 16th day of April,
Page 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 Counties, 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 Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in
Page 5210
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 Counties, 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 Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public
Page 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 annexed, 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 notary 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 Counties, Georgia, for purposes of examination and inspection by the public.
Page 5212
This 30th day of March, 1981. /s/ Larry Dingle Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 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 Counties, Georgia, for purposes of examination and inspection by the
Page 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 council 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 Atlanta, 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., approved 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 council 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 reapportionment of council district shall apply to the election of council members to be elected at the next regular general
Page 5214
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 territory, 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 population 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 advisable to contract or extend them, for the benefit of the citizens thereof, provided that the council district lines when rearranged 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 reapportionment of districts shall be effective for the election of members to the council at the next regular general municipal 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 contiguous territory, and the boundary lines of said district shall be the center lines of streets or other well-defined boundaries;
Page 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 reasonably necessary to comply with the requirements of paragraph (2) above, and the number of members of the council and the manner of electing such members, except for the adjustment of district boundary lines, shall not be changed by the council. (c) In addition to the reapportionment following publication of the decennial census, the council shall reapportion districts pursuant to this Section if the annexation of additional territory to the corporate boundaries of the City of Atlanta 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 subsection (b) of this Section and shall be further limited to making only those adjustments in district boundary lines as may be reasonably necessary to include the newly annexed territory within such districts. Reapportionment under this subsection shall be effective for the next regular general municipal election following 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 attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation of the City of Atlanta and in the
Page 5216
official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta. Section 3 . That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. 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 reapportion council districts; to establish notice for said reapportionment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. Thisday of, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 5217
APPENDIX III CITY OF ATLANTA, GEORGIA 1980 CENSUS BY DISTRICT POPULATION WHITE
NON-WHITE District 1 36,170 11,225 (31%) 24,945 (69%) District 2 35,052 5,551 (15.8%) 29,501 (84.2%)
District 3 35,152 861 (2.4%) 34,291 (97.6%) District 4 34,704 1,908 (5.5%) 32,796 (94.5%) District 5 35,591
3,782 (10.6%) 31,809 (89.4%) District 6 35,392 31,242 (88.3%) 4,150 (11.7%) District 7 36,619 33,693 (92%)
2,926 (8%) District 8 34,698 33,118 (95.5%) 1,580 (4.5%) District 9 34,852 1,896 (5.4%) 32,956 (94.6%)
District 10 36,036 333 (0.9%) 35,703 (99.1%) District 11 35,713 2,809 (5.5%) 32,904 (94.5%) District 12
34,882 11,344 (32.5%) 23,538 (67.5%)
TOTAL 424,861 137,708 (32.4%) 287,314 (67.6%) Largest
District - (District 7) 36,619 Lowest District - (District 9) 34,852 DIFFERENCE 1,767 All districts are within
2.5% of the median Council district population of 35,419. DISTRICT 1 TRACT POPULATION WHITE
NON-WHITE 52 * * 52 Includes Blocks 201 thru 209, 301 thru 311, 401 thru 410, 501 thru 515 *50 Includes
Blocks 112 thru 115, 201 thru 203, 208 thru 220, 304 thru 312 *49.95 Includes Blocks 401 thru 418, 501 thru 510, 602
thru 613 *67 Includes Blocks 102 thru 113, 201 thru 209, 301 thru 315, 401 thru 410, 501 thru 507, 605 thru 611, 701
thru 713 *70 Includes Blocks 102 thru 110, 201 thru 210, 302 thru 308, 401 thru 408, 701 thru 715. 2,757 2,108 649
50 * 1,482 1,219 263 49.95 * 1,277 874 430 53 3,328 1,233 2,095 69 3,500 1,660 1,840 64
2,550 912 1,638 55.02 4,424 101 4,323 67 * 4,799 948 3,851 68.01 * 1,286 647 639 68.02
1,902 6 1,896 71 4,925 125 4,800 70 * 3,940 1,395 2,545 36,170 11,225 (31%) 24,945 (69%)
Page 5218
DISTRICT 2 TRACT POPULATION WHITE NON-WHITE 16 1,031 917 114 30 1,626 1,403 223 17 3,083 322 2,761 29 1,674 35 1,639 18 1,488 64 1,424 19 670 508 162 20 1,550 632 918 21 2,272 527 1,745 28 2,169 283 1,886 27 755 485 270 26 1,694 7 1,687 36 615 8 607 37 1,169 3 1,166 43 * * 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 1,092 2 1,090 38 * 442 1 441 35 * 703 130 573 33 * 1,453 3 1,450 48 1,937 77 1,860 49.95 * 848 16 832 55.01 3,025 31 2,994 56 1,752 61 1,691 44 2,717 9 2,708 46.95 1,287 27 1,260 35,052 5,551 (15.8%) 29,501 (84.2%)
Page 5219
DISTRICT 3 TRACT POPULATION WHITE NON-WHITE 22 2,330 4 2,326 23 3,641 11 3,630 24 3,309 5 3,304 25 4,828 8 4,820 7 2,298 702 1,596 8 2,175 56 2,119 83.01 4,215 9 4,206 83.02 3,917 16 3,901 84 5,748 29 5,719 85 * * 85 Includes Blocks 102 thru 115, 201, 202 *40 Includes Blocks 406 thru 410 2,490 21 2,469 40 * 191 0 191 35,152 861 (2.4%) 34,291 (97.6%) DISTRICT 4 TRACT POPULATION WHITE NON-WHITE 43 * * 43 Includes Blocks 204 thru 206, 304 thru 308 *38 Excludes Blocks 505, 506 *80 Includes Blocks 101 thru 106, 201 thru 209, 301 thru 308 *40 Excludes Blocks 406 thru 410 *60 Includes Blocks 401 thru 413 879 0 879 38 * 3,242 7 3,235 80 * 3,682 193 3,489 40 * 2,635 24 2,611 39 2,885 26 2,859 41 2,660 158 2,502 42.95 2,437 303 2,134 62 1,897 238 1,659 61 5,344 189 5,155 66.02 * 1,578 190 1,388 58 1,868 388 1,480 57 1,559 16 1,543 63 2,765 148 2,617 60 * 1,273 28 1,245 34,704 1,908 (5.5%) 32,796 (94.5%)
Page 5220
DISTRICT 5 TRACT POPULATION WHITE NON-WHITE 205 4,485 66 4,419 206 1,509 5 1,504 207 3,243 24 3,219 208 11,386 494 10,892 209 8,059 1,250 6,809 31 2,195 117 2,078 32 1,659 1,043 616 33 * * 35 Includes Blocks 101 102, 105, 204 *50 Includes Blocks 101 thru 111, 204 thru 207, 221, 222 *52 Includes Blocks 101 thru 117 *33 Includes Blocks 101 thru 109, 201 thru 209, 301 thru 307 1,487 9 1,478 35 * 5 0 5 52 * 1,077 315 762 50 * 486 459 27 35,591 3,782 (10.6%) 31,809 (89.4%) DISTRICT 6 TRACT POPULATION WHITE NON-WHITE 202 2,024 1,893 131 203 3,022 2,441 581 204 2,268 1,918 350 201 1,286 1,247 39 92 3,168 2,986 182 94 4,603 4,045 558 1 3,739 3,686 53 2 4,602 4,396 206 13 3,663 2,651 1,012 14 1,268 1,061 207 15 3,942 3,402 540 11 * * 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, 201 229 187 42 12 * 1,578 1,329 249 4 * 0 0 0 35,392 31,242 (88.3%) 4,150 (11.7%)
Page 5221
DISTRICT 7 TRACT POPULATION WHITE NON-WHITE 100 6,182 6,090 92 96 7,325 6,878 447 93 4,435 4,227 208 91 6,390 5,963 427 5 2,586 2,458 128 11 * * 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 1,419 916 503 12 * 2,267 1,699 568 10.95 * 3,921 3,501 420 4 * 1,933 1,800 133 101.01 * 161 161 0 36,619 33,693 (92%) 2,926 (8%) DISTRICT 8 TRACT POPULATION WHITE NON-WHITE 102.01 858 834 24 99 3,517 3,462 55 98 6,042 5,911 131 97 2,858 2,739 119 95 6,124 6,056 68 90 3,166 3,076 90 89 8,573 7,910 663 6 1,278 1,172 106 88 * * 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 1,103 934 169 10.95 * 1,179 1,024 155 34,698 33,118 (95.5%) 1,580 (4.5%)
Page 5222
DISTRICT 9 TRACT POPULATION WHITE NON-WHITE 88 * * 88 Excludes Blocks 423, 425, 501 thru 506, 601 thru 610, 701 thru 709 *85 Excludes Blocks 102 thru 115, 201, 202 *82.01 Includes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 129 thru 141. 2,083 1,555 528 87.01 3,821 3 3,818 87.02 4,888 86 4,802 86.02 4,061 64 3,997 86.01 6,845 88 6,757 85 * 3,590 61 3,529 82.01 * 4,375 26 4,349 82.02 5,189 13 5,176 34,852 1,896 (5.4%) 32,956 (94.6%) DISTRICT 10 TRACT POPULATION WHITE NON-WHITE 81.02 7,066 11 7,055 81.01 1,413 23 1,390 60 * * 60 Excludes Blocks 401 thru 413 *82.01 Excludes Blocks 101 thru 106, 109 thru 113, 115 thru 117, 121 thru 127, 119 thru 141 *79 Excludes Blocks 105 thru 108, 201, 202 3,721 101 3,620 82.01 * 2,544 11 2,533 78.03 7,859 53 7,806 78.04 9,409 39 9,370 79 * 4,024 95 3,929 36,036 333 (0.9%) 35,703 (99.1%) DISTRICT 11 TRACT POPULATION WHITE NON-WHITE 79 * * 79 Includes Blocks 105 thru 108, 201, 202 *80 Excludes Blocks 101 thru 106, 201 thru 209, 301 thru 308 *76.01 Excludes Blocks 101 thru 104, 901 *76.02 Excludes Blocks 101 thru 105 1,043 53 990 80 * 3,155 186 2,969 76.02 * 2,802 184 2,618 76.01 * 6,616 620 5,996 77.01 9,435 507 8,928 77.02 6,844 688 6,156 78.02 3,910 519 3,391 103 1,908 52 1,856 35,713 2,809 (5.5%) 32,904 (94.5%)
Page 5223
DISTRICT 12 TRACT POPULATION WHITE NON-WHITE 76.01 * * 76.01 Includes Blocks 101 thru 104, 901 *76.02 Includes Blocks 101 thru 105 *67 Includes Blocks 508 thru 510, 612 thru 616 *70 Includes Blocks 301, 409 thru 411, 501 thru 510, 601 thru 619 1,207 509 698 76.02 * 299 62 237 66.01 2,285 1,414 871 65 4,636 1,823 2,813 67 * 333 297 36 75 3,812 2,521 1,291 70 * 5,030 1,358 2,184 73 * 7,123 893 6,230 72 6,945 815 6,130 74 3,212 1,622 1,590 34,882 11,344 (32.5%) 23,538 (67.5%) 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 Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), the Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on April 2, 9, and 16th, 1981. /s/ Suzanne A. Culver Sworn to and subscribed before me, this 27th day of April,
Page 5224
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 reapportion council districts; to establish notice for said reapportionment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Court of Fulton, and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 30th day of March 1981. /s/ Larry Dingle Clerk of Council City of Atlanta Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of 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 annexed,
Page 5225
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 notary 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 reapportion council districts; to establish notice for said reapportionment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 30th day of March, 1981. /s/ Larry Dingle Clerk of Council City of Atlanta
Page 5226
Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 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 Council of the City of Atlanta to reapportion council districts; to establish notice for said reapportionment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
Page 5227
This 30th day of March, 1981. /s/ Larry Dingle Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 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 Department 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
Page 5228
the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 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, Georgia, 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
Page 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 attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. 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 Mayor's 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 inspection
Page 5230
by the public. This theday of, 1981. Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 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.
Page 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 inspection by the public. This the 21st day of April, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Publisher's 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-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 Noticecompensation 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 notary 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
Page 5232
to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to amend Section 2104 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 inspection 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 Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on 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
Page 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
Page 5234
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 Atlanta, 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 attached hereto, marked Exhibit A and made a part of this Ordinance be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3 . That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted as amended by Atlanta City Council May 18, 1981 Returned to Office of Clerk of Council without Mayor's signature. Approved per Section 2-403 of the 1974 Charter
Page 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 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 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 theday of, 1981. Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to 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,
Page 5236
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 annum; so as to provide for the publication in an 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 the 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 Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher
Page 5237
at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Public Noticecompensation 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 notary 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 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 the 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
Page 5238
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 Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on 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 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 the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection
Page 5239
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 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 change the name of the Bureau of Civil Defense in the Department of Public Safety; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1 . That 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, which currently reads as follows: The department of public safety shall consist of the following bureaus: (1) Bureau of police services; (2) Bureau of fire services; (3) Bureau of civil defense;
Page 5240
(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 following 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 attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3 . That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Atlanta City Council September 8, 1981 Approved September 16, 1981.
Page 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 respect 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 inspection by the public. This theday of, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Amend Article VIIIchange 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
Page 5242
Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 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 respect 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 inspection by the public. This the 4th day of August, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally
Page 5243
came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 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 respect 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 inspection by the public. This the 4th day of August, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 5244
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 Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on August 20, 27, and September 3, 1981. /s/ Suzanne A. Culver Sworn to and subscribed before me, This 11th day of September, 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 respect 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 inspection by the public.
Page 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 services, 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 Section 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
Page 5246
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 Courts of Fulton County and DeKalb County and that a Notice of Proposed Amendment to Charter of the City of Atlanta, attached hereto, marked Exhibit A and made a
part of this ordinance, be published once a week for three (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 advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3 . That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. 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 purpose; 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.
Page 5247
This theday of, 1981. /s/ Larry Dingle Clerk of Council City of Atlanta Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Proposed Amendment to City of Atlanta Charterauthorize Mayor to make purchases certain goods a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17 day of September, 1981 Gerald W. Crane, Co-Publisher (by) Linda L. Orr Agent. Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 17th 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 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 purpose;
Page 5248
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 Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy was published in said paper on the 3, 10 17 days of September, 1981, and on the days of, 19As 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
Page 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 purpose; 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 Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and
The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sundary), 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 September 3, 10 and 17, 1981. /s/ Suzanne A. Culver /s/ Anne S. McGlen Notary Public, Georgia, State At Large Page 5250
My Commission Expires Jan. 8, 1984 Sworn to and subscribed before me, This 18th day of September, 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 purpose; 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
Page 5251
an ordinance entitled An Ordinance Specifying the Names of the Executive Branch of the Government, Setting Forth the Duties and Functions of Each Department Thereof, and Defining the Internal Organization of Each Department, Including Professional 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 Atlanta as follows: Section 1 . That the portion of Section 8 of the above cited ordinance entitled Section 11(b), outlining the functions and duties 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 Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. Section 3 . All laws and ordinances and parts of laws and ordinances in conflict herewith are hereby repealed. Adopted by City Council Oct. 19, 1981 Approved by the Mayor Oct. 27, 1981
Page 5252
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 Department 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 inspection by the public. This theday of, 1981. Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 1, 8, 15 days of October, 1981, and on the days of, 19. As provided by law. /s/ Frances K. Beck
Page 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 Department 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 inspection by the public. This the 22nd day of September, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Amendment to charter
Page 5254
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 notary 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 Department 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 inspection by the public. This the 22nd day of September, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 5255
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 Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on October 1, 8 and 15, 1981. 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 Department 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
Page 5256
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;
Page 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 Atlanta, 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 advertisement be attached to this ordinance prior to its final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3 . That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. 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 Office 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 establishment of the Office of Redevelopment in the Department of Community and Human Development; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in
Page 5258
the Office of the Clerk of Council of the City of Atlanta and the office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This theday of, 1981. 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 Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on October 29, November 5 and 12, 1981. /s/ Suzanne A. Culver Sworn to and subscribed before me, This 3rd day of December, 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.
Page 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 Office 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 establishment of the Office of Redevelopment in the Department of Community 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 Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of 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 notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 12th day of November,
Page 5260
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 Office 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 establishment of the Office of Redevelopment in the Department of Community 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 inspection by the public. This the 21st day of October, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the Publisher of the Daily Report
Page 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 Office 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 establishment of the Office of Redevelopment in the Department of Community 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 inspection by the public. This the 21st day of October, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 5262
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 staggered terms; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta as follows: Section 1 : That Section 3-503(a) of the above cited ordinance, 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
Page 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 Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta. Section 3 : That all 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 official protector 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 newspaper of general circulation with respect to such changes; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
Page 5264
Thisday of, 1981 Clerk of Council City of Atlanta Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 protector 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 newspaper of general circulation with respect to such changes; to repeal conflicting laws; and for other purposes.
Page 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 inspection by the public. This 3rd day of November, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of 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, December, 1981. /s/ Gerald W. Crane, Co-Publisher /s/ Linda L. Orr, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 3rd day of December, 1981. /s/ Samme Johnson Notary Public, Georgia, State at Large Page 5266
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 protector 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 newspaper of general circulation with respect to such changes; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 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 Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states
Page 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 newspaper of general circulation with respect to such changes; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 3rd day of November, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 5268
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 Aragon, 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 citizen 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 appoint 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 judge of said court. Adopted and Approved, this 20th day of October, 1981. /s/ William L. Pittman Mayor, City of Aragon, Georgia
Page 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 examination 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 Rockmart 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
Page 5270
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 Personnel Plan and to Adopt Said Plan.
Page 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 empowered to adopt, by ordinance, a personnel plan governing the employment, term, salary, dismissal and discipline as well as setting 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 compliance 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
Page 5272
/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 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 published 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, pursuant 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; Position
Page 5273
Classification; Pay Plan; Recruitment and Selection; Appointments; Probationary Period; Disciplinary Action; Separations; 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 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 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 published 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
Page 5274
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, pursuant 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; Position Classification; Pay Plan, Recruitment and Selection; Appointments; Probationary Period; Disciplinary Action; Separations; 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 Section
Page 5275
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 benefits 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 dependents and/or surviviors. B. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. C. The foregoing ordinance, notice of which has been published once a week for three (3) consecutive weeks within a period 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 theday 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:
Page 5276
All the facts stated herein are made from my personal knowledge. 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 Charter 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 Aldermen 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 retirement 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
Page 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 Section 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 authorized 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 employees and the mayor and aldermen by duly passed ordinance. (b). Any action to increase the salary or compensation of the
Page 5278
mayor and/or aldermen shall not be effective until after the taking of office of those elected at the next regular municipal election 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 candidates 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 herewith are hereby repealed. C. The foregoing ordinance, notice of which has been published once a week for three (3) consecutive weeks within a period 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 Charter of Calhoun, Georgia, dealing with the fixing, raising, or lowering of the salary, compensation and expenses of municipal employees and the municipal governing authority. No action may be taken on said proposed amendment until the regularly scheduled 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
Page 5279
mayor and aldermen, subject to certain limitations contained therein, to fix, raise, or lower the salary, compensation and expenses of municipal employees and of the major and/or aldermen by duly passed ordinance. As to the mayor and aldermen, no action to increase the salary or compensation could be effective 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, Calhoun, 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, Georgia; and that the legal notice attached hereto was published in said newspaper on May 20, 1981, May 27, 1981, and June 3, 1981.
Page 5280
/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:
Page 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 concerns 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; compensation; election; term; may succeed themselves. The governing and legislative authority of said city shall be vested in a commission of five (5) members. Members of said commission 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 behalf 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 tem. The chairman, or in his absence, the chairman pro tem, 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 contempt of such rules, and shall perform all other duties incident to his office. Service of legal process directed to or against the city shall be made upon the chairman of the commission, or in his absence from the county, upon the chairman pro tem. 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 successors 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.
Page 5282
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 Charter 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 ordinance 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 meeting 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 III/Section 3-1 of the Charter of the City of Cedartown entitled Administration by adding thereto the requirement that members of the City Commission shall receive monthly salaries, and the chairman of said city commission shall
Page 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 III/Section 3-1 of the Charter of the City of Cedartown entitled Administration by adding thereto the requirement 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
Page 5284
Georgia Polk County Personally appeared before me, the undersigned Notary Public, Joseph D. Williams, who after being duly sworn states under oath that he is Publisher of The Cedartown Standard, the newspaper of general circulation published in the City of Cedartown, Georgia, and who further states under oath that the advertisement 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
payments; 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:
Page 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) Dollars per month. This section is to become effective January 1, 1981 and shall not apply to any person not entitled to and receiving 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 December 6, 1895) shall be filed in the Office of the Clerk of the Council of the City of College Park and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed Amendment to the Charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this Ordinance prior to its final adoption by the Mayor and Council of the City of College Park. 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
Page 5286
Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23 30 days of January, 1981, and on thedays of, 19As 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 conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the City Clerk of the City of College Park and in the office of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
Page 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 2-60001)] Be it ordained by the City Commissioners of the City of Decatur, 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,
Page 5288
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 section having been codified from the Charter of the City of Decatur 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 section 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 ordinances 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 Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, co-publisher of Decatur-DeKalb News/Era, a newspaper publisher
Page 5289
at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public NoticeHome 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 notary 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 Provisions 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 provisions of said section have been superceded by the Georgia Municipal Election Code, Title 34A of the Code of Georgia.
Page 5290
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 entirety 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 amendments 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 o'clock, 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.
Page 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 calculated; to repeal conflicting laws, charter and ordinance provisions; 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 by
Chapter 3 Retirement System of Title IV Appointive Officers and Employees 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 Compensation the following:
Page 5292
Year of Birth Annual Basic Compensation 1941-1961 $ 7,800 1962 11,450 1963 15,100 1964 18,750 1965 22,400 1966 26,050 1967 29,700 1968 33,350 1969 37,000 1970 40,650 1971 and later 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 overtime, during the five (5) consecutive calendar years of employment which will produce the highest final average earnings. Section 3 . Section 4.21 Effect of discontinuance of employment, 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 retirement 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 assessments paid in by him to said fund, shall be paid to his dependents, if any, otherwise, to such persons as the employee may have designated, but if the employee is eligible for retirement on
Page 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 Employees 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 appropriate to said fund annually a sum equal to one and one-half (1 ) percent of the then current total payroll of the city, including longevity pay but excluding overtime, or such larger amount as is necessary to carry out the provisions of this chapter, said amount to be appropriated and paid out of the general funds of said city or in the discretion of the Board of Commissioners raised by an additional ad valorem tax levied and collected 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, 10-2478) Section 5 . All laws, charter and ordinance provisions in conflict 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:
Page 5294
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 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 request, a copy of the proposed amendment. Ordered published by resolution regularly adopted this August 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
Page 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 authorized 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 published 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
Page 5296
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 property 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 ( 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 revenue 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
Page 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, sentence, 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 declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts would be declared or adjudged invalid or unconstitutional. Approved: /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, levying, and collecting of ad volorem tax on all real and personal
Page 5298
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,
Page 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 Police Employees' Retirement Act, 1969, Ga. Laws. p. 2801, Sections 1 and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978), as amended, 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 provisions; and for other purposes. Be it ordained by the City of Macon and it is hereby ordained by the authority of same pursuant to the authority granted 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 Macon Fire and Police Department Employees' Retirement Act, 1969 Ga. Laws, p. 2801, Sections 1 and 2, as amended, 1972 Ga.
Page 5300
Laws, p. 3821, incorporated by reference in the Charter of the City of Macon, Division 1, Article V, Chapter 5, Section 5502, Paragraph (a), Code of Macon, Georgia (1978), as amended, is hereby amended by deleting from the third paragraph of Subsection (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 physician or physicians, he is wholly prevented by his physical and mental condition from discharging his usual duties in an efficient manner. An employee shall be considered permanently disabled if, in the opinion of the Board, relying on the advice of a licensed physician or physicians, such employee is likely to remain 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 employee, relying on the advice of a licensed physician, or physicians, if the employee is wholly prevented by such disease, or diseases, from discharging his usual duties in an efficient manner, 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
Page 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 Mayor's Office 4-22-81, Returned from Mayor's 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
Page 5302
of Macon this 6th of May, 1981. /s/ James E. Hunnicutt Clerk of Council Submitted To Mayor's Office 5-6-81, Returned From Mayor's 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 advertisement as per attached clipping has been published in the Macon 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 Macon proposes to amend the Charter of the City of Macon, Division 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 Firemen's Retirement and Disability Pensions. Copies of the proposed amendment are on file in the office of the Clerk of the City of Macon
Page 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, approved 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 reference in 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, 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 paragraph 2.4 to allow the withdrawal of an amount of money equal to the present value of accrued benefits for former City of Macon 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 Georgia, approved August 3rd, 1927 (Ga. Laws 1927, Page 1283 et. seq.), as amended, particularly by an Act approved March 27th,
Page 5304
1972 (Ga. Laws 1972, Page 3152 et. seq.), as amended, incorporated 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 adding 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 employees to the Macon/Bibb County Transit Authority, the Macon 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 Fourteen 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 amendment), that Two Hundred Fourteen Thousand, Four Hundred Seventeen and 00/100 ($214,417.00) Dollar amount of money being the present value of accrued benefits for City of Macon Transit employees participating in the Macon Pensions and Retirement 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
Page 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 Mayor's Office 5-6-81, Returned From Mayor's Office 5-15-81. Submitted To Mayor's Office 5-20-81, Returned From Mayor's 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 Telegraph and The Macon News and is duly authorized by the Publisher thereof to make this affidavit; and that the advertisement as per attached clipping has been published in The Macon News on the following dates: 5/6, 5/13, 5/20
Page 5306
/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 Macon proposes to amend the Charter of the City of Macon, Division 1, Article V, Chapter 5, Section 5-502(b) of the Code of Macon, Georgia (1978), as amended, in accordance with the procedures set forth in Georgia Code Section 69-1017(b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Macon Pensions and Retirement System. Copies of the proposed 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, Chapter 2, (codified as Section 2-205) of the Charter of the City of Macon (Ga. Laws 1977, page 3776, et. seq.), as amended, pursuant
Page 5307
to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, Ga. Laws 1965, page 298, et. seq., by adding a provision that a committee of Council designated by the President of Council or so authorized by a twothirds 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.; to repeal conflicting provisions; and for other purposes. Be it ordained by the Mayor and Council of the City of Macon, 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, administer oaths, take testimony, and require the production of evidence in the same manner as the Superior Court of Bibb County; provided, however, that in the event the inquiry or investigation is being conducted by Council's authorized Committee, subpoenas of witnesses or evidence must be authorized by a TwoThirds vote of the entire Council and issued by the Chairman of the authorized Committee, or authorized by a majority
Page 5308
vote of the authorized Committee and approved and issued by the President or President Pro Tem 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 hearing 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 inquiry 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
Page 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 Mayor's Office October 8, 1981. Returned From Mayor's 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 Mayor's Office October 21, 1981. Returned from Mayor's 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 advertisement as per attached clipping has been published in the Macon News on the following dates: 9/5, 11, 18 /s/ Gail Brafford Sworn to and subscribed before me this 17th day of November, 1981 /s/ Jacque Young Notary Public Bibb County, Georgia
Page 5310
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 (2/3) 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 examination 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.
Page 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 122(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 disabled, who has qualified for early retirement (15 years service and age 55), the system shall pay the spouse a benefit which shall be equal to 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
Page 5312
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
Page 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 following 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 retirement 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
Page 5314
the Clerk of the City of Newnan and the office of the Clerk of the Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed 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 February, 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
Page 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 between the date the Participant's monthly Retirement Income commenced and January 1, 1981. Notwithstanding any statement herein to the contrary, the increase in the monthly amount shall not be less than $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 lifetime 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
Page 5316
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 Tem /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, after being duly sworn on oath, deposes and states:
Page 5317
That he is the publisher of the Newnan Times-Herald, which is the official organ of Coweta County, Georgia, and that the following notice to amend the Charter of the City of Newnan was published in the Newnan Times-Herald on the following
dates: 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 retirement 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.
Page 5318
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 Palmetto is herbey 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 person who holds any office of the City of Palmetto may thereafter 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
Page 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 Palmetto 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 Accounts Executive of the Marietta Daily Journal in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of The City of Palmetto* was inserted in the regular edition on 6-17-81,
Page 5320
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 Palmetto 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.
Page 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 punishment for such violations within the limits hereinafter provided; 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 manner, to preserve order and decorum in such meetings; to inflict
Page 5322
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 committees; 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 hereinafter 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; Section 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 discharge by the city manager, or his or her authorized representative, 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
Page 5323
discharge, demotion, or suspension without pay and the employee shall have a right to respond in writing to the charges made and to respond orally before the city manager. After disciplinary 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; Section 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 performance 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 compensation for all other officers, agents and employees of said city. The salary of the mayor of said city shall not exceed the
Page 5324
sum of thirty-six hundred dollars ($3,600) per year, and the salary 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 salaries 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 powers 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 offenses 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 tem 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 subject to removal, with or without any stated cause, upon a majority vote by the council. Any vacancy in the office of City Judge, by death, resignation, removal or other, shall be supplied by appointment of the mayor and council. 9. By striking Ga. Laws 1957, p. 2791, Act No. 284, 2; Section
Page 5325
24 of the Code of Ordinances of the City of Riverdale, in its entirety 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 exceed 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 exceeding One Hundred ($100.00) Dollars, imprisonment in the manner 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] recorder's 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
Page 5326
any law or ordinance of the City of Riverdale, the arresting officer shall carry before the City Court, where same shall be disposed 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 singular the sheriffs, deputy sheriffs, and constables of the State of Georgia, and any one of said officers shall have authority to execute warrants. 12. By amending Ga. Laws 1957, p. 2791, Act No. 284, 5; Section 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 contempt 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; Section 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; Section 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, regulation or rule of said municipal government upon such person giving 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
Page 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 absolutely 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 persons are residents of said city, and such service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause 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 constables of this state, and the same when so issued shall be a lien upon all property, real or personal of such parties, and [of] binding 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. Provided, 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: ..... recorder's court..... b. and substituting the words..... City Court..... so that Section 31 of the Charter of Riverdale shall read as follows: Section 31. Certiorari.
Page 5328
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; Section 34 of the Charter of the City of Riverdale in its entirety. 17. By striking Ga. Law 1970, p. 2611, Act. No. 995, 7; Section 34A of the Charter of the City of Riverdale in its entirety. 18. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 38; Section 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; Section 40 of the Charter of the City of Riverdale in its entirety. 20. By striking Ga. Laws 1956, p. 2205, Act No. 53, 41; Section 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
Page 5329
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 44 of this chapter. b. The
mayor and council, by ordinance, shall have the individual, person, firm, partnership, company or corporation who transacts business in the city or who practices or offers to practice any trade, business, calling, avocation or profession therein to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit for the regulation of any activity not prohibited by general law. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in section 44. 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. 21. By striking Ga. Laws 1956, p. 2205, Act No. 53, 42; Section 42 of the Charter of the City of Riverdale in its entirety. 22. By striking Ga. Laws 1956, p. 2205, Act No. 53, 43; Section 43 of the Charter of the City of Riverdale in its entirety. 23. By striking Ga. Laws 1956, p. 2205, Act No. 53, 61; Section 61 of the Charter of the City of Riverdale in its entirety. 24. By striking Ga. Laws 1956, p. 2205, Act No. 53, 64; Section 64 of the Charter of the City of Riverdale in its entirety. 25. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 65; Section 65 of the Charter of the City of Riverdale in its entirety. 26. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 71; Section 71 of the Charter of the City of Riverdale in its entirety.
Page 5330
27. By striking Ga. Laws 1956, p. 2205, Act. No. 53, 72; Section 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 Superior 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 Iler, 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: enumerate 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
Page 5331
enumerating employees rights, by striking Section 20 of said Charter, by providing for an increased performance bond for its employees, bythe authority of the MayorTermat the city, court, by creatingbyfor its jurisdiction, removing language concerningby delegating authority to the Cityby delegating authority to the Citywitnesses, by striking Section 28 from said Charter, by providing authority and procedures for the issuance of appearance bonds, by removing references to Recorders Court, by striking Section 34 of said Charter, by striking Section 34A of said Charter, by providing for regulationsand 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 Charterof the City of Riverdaleof 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, publisher 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, Jonesboro, 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 newspaper in its issue of the 10/27, 1 1/3, anddays of Oct. Nov., 1981. William L. Wadkins, Publisher, Agent Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 5th day of November,
Page 5332
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 Taylor Road (80
foot right-of-way) a distance of 140 feet, more or less, southeasterly from the intersection formed by the southwesterly 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 distance 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 location 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
Page 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 allowance, and Council Members shall be compensated in an amount not less than $250.00 per month. No additional compensation 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 Ordinance 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.
Page 5334
In testimony whereof, I have hereunto set my hand and affixed 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 authorized 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, Camden County, Georgia; That the Camden County Tribune is the official organ of Camden County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Camden County for the publication of notices required by law; That he is authorized by the Camden County Tribune to make affidavits of 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 September 3, 1981 and October 1, 1981, act to amend the City Charter of the City of St. Marys. The proposed amendment will change
Page 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 purpose of examination and inspection by the public. Upon written request to the City of St. Marys, the City shall furnish anyone so requesting a copy of the proposed amendment. /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 Aldermen of the City of Savannah, Georgia to amend Chapter 2, Street Improvements, Subchapter (b), Section 6-213, 6-214 and 6-218 of the 1977 City Code, providing for notice of public hearings and advertisement for bids and notice for
hearing of appraisal, 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 ordinances in conflict herewith; and for other purposes.
Page 5336
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 desirable to grade, pave, mecadamize, drain or otherwise improve 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 publishing such notice in a newspaper published and having a general 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 issues 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 circulation 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 holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections
Page 5337
that may be made concerning the said appraisement, 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 said clerk of council in a newspaper of general circulation in the City of Savannah, 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 circulation 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 authorized 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 owner's duly authorized 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,
Page 5338
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 execution, 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 applicable 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 conflict 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 Aldermen 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
Page 5339
State of Georgia Chatham County Affidavit of Publication of The Georgia Gazette and Journal Record Personally appeared before me, the undersigned officer authorized to administer oaths, H.M. Smith, known to me, who being sworn by me, deposes and says: That she is the designated agent of The Georgia Gazette and Journal Record, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by The Georgia Gazette Publishing Company, a Georgia corporation; That The Georgia Gazette and Journal Record is the official organ of Chatham County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of 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 Assembly 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.
Page 5340
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 examination 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 Aldermen of the City of Savannah, Georgia, by amending the pension plan adopted and approved June 8, 1972, as amended, to provide benefits to spouses who are beneficiaries of vested participants
Page 5341
who die while still employed by the city but before reaching 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, Section 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)(1) 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 Survivor 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 determined 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
Page 5342
Credited Service, the Participant's 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 employment 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 retirement 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 Participant 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 conflict herewith are hereby repealed. Adopted and Approved December 29, 1980 /s/ John P. Rousakis Mayor
Page 5343
Attest: /s/ Sophie S. Gottlieb Clerk of Council I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Aldermen of the City of Savannah, Georgia, do hereby certify this to be a true and exact copy of an ordinance adopted and approved by said Mayor and Aldermen 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 authorized to administer oaths, H.M. Smith, known to me, who being 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 Chatham County for the publication of notices required by law; That she is authorized by The Georgia Gazette Publishing Company and The Georgia Gazette and Journal Record to make affidavits of publication on behalf of said newspaper; That she has reviewed the editions of The Georgia Gazette and Journal Record published on Dec. 10, 1980; Dec. 17, 1980; Dec. 24, 1980; and says of her own personal knowledge that the
Page 5344
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 approved June 8, 1972, as amended, to provide for benefits for the surviving spouses of vested employees who died before retirement age and to change the vesting requirement of Ten (10) years of service and attainment of age 40 to the single requirement 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 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 examination 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.
Page 5345
TOWN OF TYRONEMAYOR'S 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 employees 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 tem /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
Page 5346
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 according to law says that she is the Business Manager and a duly authorized representative of the Fayette County News, same being 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 accordance with the Georgia Home Rule Act. The amendment provides that the Mayor will be able to remove and appoint officers, department heads and employees of the Town only with the approval 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.
Page 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 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 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 repeal the word Recorder as used in said subsection and inserting in lieu thereof the word Municipal so that said subsection shall hereafter read as follows: (d) The mayor upon recommendation of judge of the municipal 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 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. so that said Section 4.104(a) shall hereafter read as follows: The municipal court shall try and punish for crimes against
Page 5348
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 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.) 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 entirety, and inserting in lieu thereof an entirely new Section 4.105 to read as follows: Any defendant who is dissatisfied with the judgment or sentence of the municipal court shall have the right to seek review of said judgment or sentence by filing a petition for the writ of certiorari in the superior court of Fayette 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.
Page 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 inserting the word municipal, so that said subsection is hereafter read as follows: (e) The town attorney is prohibited from representing a defendant on trial in the municipal court of the Town of Tryone. Section 6 . All ordinances and laws in conflict with this ordinance 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 according
Page 5350
to law says that she is the Business Manager and a duly authorized representative of the Fayette County News, same being 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,
Page 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 Waycross, 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 dollars per annum: to provide for an effective date: and for other purposes. 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 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
Page 5352
to exceed Six Thousand ($6,000.00) Dollars per annum. The salary of the mayor and the other members of the commission as fixed by the commission shall be paid in equal monthly installments 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 ordinance 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 Waycross,
Page 5353
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 inspection 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 advertising manager of the Waycross Journal-Herald, which newspaper 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 February 14, 1981. /s/ Betty W. Katkaveck
Page 5354
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 provides for the division of the city into six wards or election districts; 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 elections, 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 elections and not be required to establish and maintain its own voter registration system, the Commission deems it necessary
Page 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 election 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 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 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 intersection 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 intersection with the east side of Plant Avenue; on the southeast
Page 5356
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 Seaboard Coast Line Railroad Company from Savannah to Montgomery, 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 Gilmore Street from its intersection with Reynolds Street to the Gilmore Street crossing of the Savannah mainline of the Seaboard 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
Page 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 ordinance 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 Waycross, 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 Commission 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 inspection by the public.
Page 5358
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 administer oaths, personally appeared Betty W. Katkaveck, who, first being sworn, on oath states that she is the legal advertising manager of the Waycross Journal-Herald, which newspaper 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.
Page 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, Georgai 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 requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. Sincerely, /s/ George Busbee George Busbee GB: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
Page 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 requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. Sincerely, /s/ George Busbee George Busbee GB: 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
Page 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 consent 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 material to minors and the display of such materials in public places where minors may frequent. Last year, I signed into law a similar 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 defect found by the court in Act 785. However, I have grave concerns
Page 5362
about the constitutionality of the display provisions. The limitation of the materials that may be displayed at public places to that which is suitable to minors will prevent the perusal by adults at public places of materials which are not obscene as to adults. While the intent of the bill is certainly laudable 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 restraint 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 report 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 counsel are faced when their presence is required in two different courts. However, keeping in mind that the present state of the
Page 5363
law provides a workable solution if timely pursued by counsel, and that by far and large the trial judges of this State will exercise sound discretion and good judgment in granting continuances, 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 resolution 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 correctional officers a two grade upward reassignment. I have investigated 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 classes. This deficiency, therefore, will be corrected through appropriate 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 redress 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 mechanism to achieve equity among all classes of employees. This system 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 Rehabilitation is not authorized to compensate inmates employed in any industry or performing services at any correction institution. While the Board currently has the authority to provide
Page 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 appropriations process. We should not foreclose the use of this rehabilitative 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 retirement age was appreciably increased to age 70. The effect of this significant personnel policy change has not yet fully been analyzed or evaluated. There are presently in place adequate exceptions to the mandatory retirement age to enable the State to continue to utilize the unique talents and abilities of older employees 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, therefore, fearful that the entire statute might be declared unconstitutional
Page 5365
by the courts if challenged at a later date. I have discussed 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 General Assembly with a strong, defensible long arm statute. Therefore, 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 invests the Commission with the authority to regulate the promotion or holding of professional boxing matches. The Commission is composed of three members, one to be appointed by the Governor, 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 incarceration 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 requires their close supervisory contact and association with dangerous criminals was not contemplated by the people of this State when the Constitution was amended to permit such compensation.
Page 5366
If House Bill 1736 were allowed to become law, a clerical employee of the Department of Offender Rehabilitation injured or killed in an automobile accident while performing a routine errand for the Department would be eligible for a maximum 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 throughout this entire State. The indemnification program was inaugurated for the purpose of indemnifying those persons injured or killed in the course of the extremely hazardous work environment 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 commission 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 let's get tough with the criminals. Due in large part to the public's 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 concern. 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 irresponsible
Page 5367
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 proposal 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 session 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 result 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 clemency 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 Board's 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 Board's 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 contingent upon the Constitution being altered to permit the action in
Page 5368
order to successfully limit the Board's authority. Such a statute would have been legally sound and absolutely unassailable on constitutional grounds. Instead, a majority of the General Assembly 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 Pardons 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 subject 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 unconstitutional 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 penalty to those cases in which these aggravating circumstances were found to exist by the jury. Our new statute has been determined 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 murderers; with a grandmother whose grandbaby was sexually abused, mutilated and murdered; and with Reverend Buice whose daughter's murder and resulting trial have only heightened the public's sense of frustration with the delays experienced with the death penalty.
Page 5369
It is with the foregoing background that I can honestly say that there is not a stronger advocate in Georgia of the imposition 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 appeal statute to combine and expedite appeals in the State judicial system. But we still have inexplainable delays in the federal courts. The Attorney General of Georgia has served notice on the federal 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 federal courts. As I stated several months ago, it appears that we are on the road to removing the roadblocks on carrying out the death penalty, 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 determination 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
Page 5370
Bill 470 would further impede the imposition of the death sentence 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 imposed. The bill thus allows the arbitrary and capricious imposition 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 people 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 proposal. I am convinced that thoughtful reflection will demonstrate the wisdom of those members' opposition and the correctness of my decision to veto Senate Bill 470.
Page 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 sentencing 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 General 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 appealed 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 Court's 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 extremely 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 penalty statute in a manner that avoids the possibility of the arbitrary 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 authorizing
Page 5372
capital punishment can be successfully defended before the courts which creates a substantial risk that the punishment 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 jury's 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 circumstances is present, to unilaterally 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 different results in such cases can be distinguished, the sentencing schme would not afford a rationally reviewable process for imposing a sentence of death. It is no longer the subject of conjecture 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 applied against the very real and substantial benefits of the nine years of court review and approval of this State's death penalty law, is a wager in which the potential loss vastly and overwhelmingly 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
Page 5373
vetoed. Veto No. 24H. B. 1390 by Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th Johnson of the 66th House Bill 1390 creates the Renewable Energy Research and Development Council. The Council would duplicate the responsibility 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. Therefore, I have vetoed House Bill 1390.
Page 5374
COUNTIES AND SUPERIOR COURT CIRCUITS
Page 5375
APPELLATE COURTS SUPREME COURT OF GEORGIA As of January 15, 1982 ROBERT H. JORDAN Chief Justice HAROLD N. HILL, JR. Presiding Justice THOMAS O. 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
Page 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 O. 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 September; first Monday in December TattnallThird Monday in April and October
Page 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 Monday 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 September; 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
Page 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 Monday following CrispThird and fourth Monday in February and Monday following; second, 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
Page 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 Monday 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
Page 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
Page 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 Monday in October StephensSecond Monday in January; third Monday in May; first Monday 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 Monday 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
Page 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
Page 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 following the first Monday in September ThomasFirst Monday in April and October
Page 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 HENLEY, 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
Page 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
Page 5386
INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Amendments proposed in 1981 repealed 2555 , 2557 Augusta, City of; ad valorem tax exemptions 2616 Baxley, City of; homestead exemptions 2653 Blekley County; election of members of board of education 2669 Cabbagetown Historic District; ad valorem taxation 2509 Camden County; homestead exemptions 2586 Chamblee, City of; homestead exemptions 2542 Chattooga County School District and Trion Independent School District; sales tax for educational purposes 2675 Cobb County; justices of the peace 2615 College Park, City of; homestead exemptions 2605 Colquitt County; tax for emergency medical services 2663 Columbia County; justices of the peace 2575 Constitution of 1983; proposed amendments 2551 Countywide library systems in certain counties (500,000 or more) 2547 Covington, City of; homestead exemptions 2568 Crisp CountyCordele Industrial Authority; members 2570 Crisp County; homestead exemptions 2564 DeKalb County; homestead exemptions 2657 , 2659 DeKalb County; justices of the peace 2573 Doraville, City of; homestead exemptions 2610 Effingham County; homestead exemptions 2634 Fulton CountyCity of Atlanta; ad valorem tax exemptions 2645 , 2647 Fulton County; building authority 2613 Fulton County; municipal recreational programs 2504 Glynn County; ordinances 2637 GriffinSpalding County Board of Education; election of members, etc. 2680 Habersham County; sales tax for educational purposes 2566 Hapeville Development Authority 2524 , 2618 Henry County; ad valorem tax exemption 2609 Henry County; homestead exemptions 2515 , 2517 , 2519 Houston County; ad valorem taxes for educational purposes 2601 Houston County; sales tax for educational purposes 2600 Jefferson County; ad valorem taxation 2588 Lowndes County; business licenses 2593 Lowndes County; justices of the peace 2592 Lowndes County; street improvement bonds 2649 Macon, City of; pensions of firemen and police 2549 Meriwether County; justices of the peace 2582 Mitchell County School District and Pelham County School District; sales tax for educational purposes 2643 Moultrie-Colquitt County Development Authority; bonds 2578 Newton County; homestead exemptions 2640 Paulding County; homestead exemption for educational purposes 2511 Pierce County School District; homestead exemptions 2584 Pine Lake, City of; homestead exemptions 2590 Polk County; jurisdiction of justices of the peace 2513
Page 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 sheriff's 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 ThomastonUpson County Industrial Authority; projects 2607 Tift County and City of Tifton; charter commission 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 1855 5A-5511; amended 1111 5A-5701; amended 1111 5A-6121; amended 511 15-302.1; enacted 1867 21-105; amended 585 , 590 Title 22; amended 886 22-1201; amended 694 Chapter 22-19; amended 807 22-1902; amended 696 22-1907; amended 696 22-5106; amended 1197 23-1705; amended 686 24-1716.2; enacted 552 24-1804; amended 1617 24-1901; amended 1369 24-2704; amended 877 Chapter 24-27A; amended 1204 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 1385 26-1302; amended 1242
Page 5388
26-1701; amended 1661 26-1714; amended 1661 26-1812; amended 1371 26-2615; amended 974 262714; enacted 2214 26-2907; amended 789 26-2914; amended 1171 27-401; amended 493 Chapter 2715; 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 34508; 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 41A-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 59601A; amended 541 59-704.1; amended 800 Chapter 68-2; amended 1584 68-502; amended 827 68503; amended 410 68A-802; amended 1290
Page 5389
68A-903; amended 1694 68A-1507; amended 1694 68B-307; amended 1633 68B-312; amended 1601 Title 68C; amended 1751 68C-608; amended 1624 Chapter 69-4; amended 502 74-109; amended 1369 74-110; amended 1369 79-403; amended 805 Title 79A; amended 1156 , 1264 , 2403 84-203; amended 1782 Chapter 84-3; amended 1019 84-311A; amended 1686 84-321; amended 903 Chapter 84-5; amended 2333 84-602; amended 1621 84-702; amended 1056 84-902(d); enacted 2266 Chapter 84-14; amended 1001 84-1002, amended 2500 84-1102; amended 1278 Chapter 84-15; amended 1065 842104; amended 2308 84-2124; amended 2483 Chapter 84-40; amended 2378 Title 88; amended 937 88-110; amended 1592 88-301A; amended 1667 88-302A; amended 1667 88-1202; amended 1077 Chapter 88-17; amended 723 Chapter 88-18; amended 712 88-1901; amended 864 88-1903; amended 864 88-1913; amended 1249 Chapter 88-19D; enacted 2248 88-3114; amended 692 88-4010; amended 2378 89-426; amended 1779 Chapter 90-2; amended 892 90-210; amended 702 91-110a; amended 857 Title 91A; amended 575 , 999 91A-1028.1; enacted 2382 91A-1328; amended 996 91A-1361; amended 1114 91A-1370; amended 996 91A-1373; amended 2244 91A-1705; amended 996 , 1853 91A-1921; amended 1376
Page 5390
91A-5303.1; enacted 422 93-210; amended 1063 Chapter 93-3; amended 412 93A-202a; amended 1174 101-205; amended 702 105-104.1; enacted 1283 105-1807; amended 2211 Title 114; amended 2360 ,
2485 OFFICIAL CODE OF GEORGIA ANNOTATED Code Revision Amendment 3 , 2107 1-2-7; amended 826 1-4-1; amended 986 2-1-4; amended 1232 Title 3; amended 1463 3-3-7; amended 521 , 1768 , 1853 3-3-20; amended 890 3-4-90; amended 592 3-4-92; amended 1853 3-6-21.1; amended 1111 36-50; amended 1111 3-7-43; amended 511 4-5-26; amended 1862 4-5-58; amended 1862 Title 4, Chapter 6; amended 1804 5-6-4; amended 1186 Title 7, Chapter 1; amended 2219 7-1-4; amended 2496 7-1-293; amended 1781 7-1-789; amended 1085 Title 7, Chapter 4; amended 488 7-4-17; amended 420 Title 8, Chapter 2; amended 1376 , 1637 8-2-24; amended 698 Title 8, Chapter 3; amended 1716 , 1813 , 2228 8-3-5; amended 508 8-3-50; amended 1087 8-3-52; amended 906 Title 8, Chapter 9; enacted 1578 Title 9, Chapter 11; amended 2374 9-11-41; amended 784 9-12-23; enacted 1262 9-14-42; amended 786 9-14-48; amended 786 9-15-2; amended 933 Title 10, Chapter 1; amended 1689 10-1-591; amended 1073 Title 10, Chapter 4; amended 2286 10-5-9; amended 1178 Title 10, Chapter 9; amended 1122 Title 12, Chapter 3; amended 2076 12-3-199; amended 1864 Title 12, Chapter 5; amended 2339
Page 5391
12-5-31; amended 2304 12-5-105; amended 2306 12-6-63; amended 984 Title 12, Chapter 8; amended 2389 Title 13, Chapter 8; amended 1753 , 1791 13-10-1; amended 686 Title 14; amended 886 14-2-250; amended 694 14-5-7; amended 1197 Title 14, Chapter 6; amended 807 14-6-2; amended 696 14-6-7; amended 696 15-6-1; amended 439 15-6-2; amended 428 , 434 , 436 , 501 15-6-3; amended 536 , 546 15-6-8; amended 974 15-6-25; amended 1486 15-6-56; amended 877 15-6-77; amended 879 15-6-89; amended 1180 15-7-5; amended 1287 15-7-9; amended 518 Title 15, Chapter 9; amended 1612 15-91.1; enacted 682 15-9-11.1; enacted 544 15-9-30; amended 1369 , 1502 15-9-37; amended 1617 15-960(e); enacted 552 Title 15, Chapter 11; amended 1871 , 2199 15-11-60; amended 928 15-12-23; amended 548 15-12-24; amended 1230 15-12-60; amended 779 15-12-102; amended 541 15-12-132; amended 800 15-15-4.1; amended 1204 15-16-20; amended 1267 15-16-21; amended 1659 15-16-23; amended 1779 15-16-26; amended 425 15-16-27; enacted 991 15-18-17; amended 1486 Title 15, Chapter 22; enacted 1737 Title 16; amended 1385 16-5-21; amended 1242 16-5-40; amended 970 16-5-45; amended 970 16-5-80; enacted 2499 16-8-12; amended 1371 16-11-64; amended 2319 16-11-130; amended 789
Page 5392
16-11-131; amended 1171 16-12-1; amended 968 16-12-20; amended 1661 16-12-32; amended 2325 16-12-36; amended 1661 16-12-36; enacted 2214 Title 16, Chapter 13; amended 2370 16-13-21; amended 1264 , 2403 16-13-25; amended 2403 16-13-26; amended 2403 16-13-27; amended 2403 16-13-28; amended 2403 16-13-31; amended 2215 16-13-32; amended 2359 16-13-49; amended 2273 , 2325 1613-71; amended 2403 16-13-74; amended 2403 Title 17, Chapter 5; amended 2336 Title 17, Chapter 6; amended 1136 , 1224 17-6-1; amended 910 17-6-30; amended 1254 17-6-70; amended 1658 17-6-72; amended 1658 Title 17, Chapter 7; amended 1224 17-7-20; amended 493 17-7-131; amended 1476 1710-6; amended 1271 17-12-7; amended 1181 19-2-3; amended 805 19-3-33.1; enacted 950 19-9-4; amended 1189 Title 19, Chapter 11; amended 1207 19-11-9; amended 1105 19-11-19; amended 1204 19-13-4; amended 2300 Title 20, Chapter 2; amended 836 20-2-53; amended 1175 20-2-55; repealed 934 20-2-183; amended 776 20-2-250; amended 603 20-2-282; amended 1110 20-2-942; amended 2188 20-2-1074; amended 1693 Title 20, Chapter 3; amended 1699 20-3-475; enacted 1860 Title 20, Chapter 7; amended 684 20-8-5; enacted 515 Title 21; amended 1512 Title 21, Chapter 2; amended 1292 21-272; amended 437 21-2-98; amended 513
Page 5393
21-2-131; amended 897 21-2-211; amended 850 21-2-218; amended 442 21-2-241; amended 688 Title 21, Chapter 3; amended 1670 21-4-6; amended 1653 21-4-7; amended 1653 24-9-2; amended 1187 24-9-40; amended 1077 24-10-27; amended 982 Title 25, Chapter 2; amended 479 25-2-33.1; enacted 792 25-4-8; amended 989 Title 25, Chapter 6; amended 955 25-9-2; amended 1577 Title 25, Chapter 11; enacted 1212 26-2-88; amended 980 Title 26, Chapter 4; amended 1156 26-4-2; amended 1264 26-4101; amended 2403 26-4-112; amended 2403 Title 27; amended 1629 , 1729 27-3-15; amended 1263
27-3-19; amended 1619 27-3-63; amended 988 Title 27, Chapter 4; amended 1771 28-5-42; amended 1116 28-5-43; amended 1116 28-5-85; enacted 930 Title 29, Chapter 5; amended 796 29-5-6; amended 1221 Title 30, Chapter 2; amended 830 31-2-4; amended 1592 31-3-2; amended 506 31-5-20; amended 1667 31-5-21; amended 1667 31-7-1; amended 864 31-7-9; amended 1249 31-7-75; amended 712 Title 31, Chapter 10; amended 723 31-11-8; amended 692 31-12-2; amended 1077 Title 31, Chapter 22; amended 1081 31-22-3; amended 2376 Title 31, Chapter 23; amended 1499 Title 31, Chapter 30; enacted 2321 Title 33; amended 615 , 650 , 1678 Title 33, Chapter 3; amended 1244 33-7-11.1; enacted 802 337-15; amended 1624 Title 33, Chapter 9; amended 644
Page 5394
33-11-25.1; enacted 1217 33-11-36; amended 1199 33-16-13; amended 856 33-18-25; amended 1199 33-19-17; amended 1199 33-22-16; amended 1054 33-27-2; amended 822 Title 33, Chapter 34; amended 1234 34-2-14; enacted 1093 34-2-15; enacted 1093 Title 34, Chapter 8; amended 1023 Title 34, Chapter 9; amended 644 , 2360 , 2485 35-3-30; amended 952 35-3-33; amended 952 Title 35, Chapter 8; amended 2478 35-9-15; enacted 1089 36-2-2; enacted 825 36-5-23; enacted 533 , 588 36-15-7; amended 1103 36-15-9; amended 1103 36-15-9; enacted 520 36-15-9(c); enacted 591 36-15-12; enacted 586 36-3012; amended 1177 Title 36, Chapter 39; amended 502 Title 36, Chapter 62; amended 1706 Title 36, Chapter 62A; enacted 1726 36-80-15; enacted 853 36-82-122; amended 1603 Title 37; amended 937 37-8-53; amended 782 Title 40, Chapter 2; amended 1584 40-2-28; amended 964 40-2-74; amended 1118 40-2-90; amended 720 Title 40, Chapter 3; amended 403 40-3-24; amended 1784 40-3-35; amended 1676 40-5-57; amended 1633 40-5-58; amended 867 40-5-63; amended 1601 40-6-181; amended 1290 40-6-376; amended 1694 40-6-393; amended 1694 40-9-103; amended 1624 40-11-5; amended 1650 40-20-2; amended 830 Title 42, Chapter 5; amended 1364 42-5-2; amended 1361 42-61; amended 1373 Title 42, Chapter 8; amended 1257 , 1807
Page 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 43-3616; 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 798 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 4512-93; amended 1288 45-16-36; amended 718
Page 5396
45-16-45; amended 959 45-17-5; amended 1106 45-17-6; amended 1106 45-19-46; enacted 1253 Title 45, Chapter 20; amended 2274 45-20-2; amended 1251 45-20-8; amended 1245 46-1-1; amended 410 , 827 46-2-10; amended 1063 46-2-41; amended 1174 Title 46, Chapter 3; amended 412 46-3-11; amended 1686 46-8-232; amended 1183 Title 47, Chapter 2; amended 1163 47-3-1; amended 684 , 965 47-3-23; amended 978 47-3-42; amended 975 47-3-63; amended 965 47-3-66; amended 1610 47-387.1; amended 1192 47-3-89; amended 1095 47-4-40; amended 965 47-8-1; amended 497 Title 47, Chapter 9; amended 1568 47-9-74; amended 497 47-10-40; amended 961 Title 47, Chapter 11; amended 2207 47-14-40; amended 1273 47-14-77; amended 1273 47-16-24; amended 1060 47-16-26; amended 925 47-16-103; amended 1607 47-17-81; amended 2367 47-17-82; amended 2362 48-3-9; amended
1184 48-3-10; amended 1184 Title 48, Chapter 5; amended 575 48-5-18; amended 537 , 999 , 1108 48-524; amended 936 48-5-30; enacted 595 , 2382 48-5-45; amended 1108 48-5-45; repealed 531 48-548.1; enacted 1101 48-5-100.1; enacted 543 48-5-137; amended 999 48-5-161; amended 1114 48-5180; amended 996 48-5-183; amended 2244 48-5-404; amended 1853 48-5-405; amended 996 48-729.1; enacted 2497
Page 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 51-136; enacted 1283 51-2-3; amended 849 51-11-8; amended 2211 52-7-13; amended 873 COURTS SUPREME COURT Costs, affidavits of indigence 1186 Publication of reports 892 COURT OF APPEALS Costs, affidavits of indigence 1186 Publication of reports 892 SUPERIOR COURTS Alcovy Circuit; court reporter's compensation 538 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
Page 5398
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 reporter's salary 526 Piedmont Circuit; compensation of judge 523 Piedmont Circuit; judge's 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 1486 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 1617 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 Clerks' compensation 1180 Cobb County; accusations 3725 Cobb County; additional judge 3610
Page 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; judge's 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 solicitor's 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 judge's 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 sheriff's deputies, etc. 3950 Bulloch; compensation of tax commissioner's employees 3943 Bulloch; small claims court Act amended 4832 Burke; compensation of coroner 4439
Page 5400
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 commissioner's clerical assistants 4618 Catoosa; fiscal administration of sheriff's 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 commissioner's 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
Page 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 commissioner's 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;
recorder's 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 judge's compensation 3562 Douglas; board of education districts, referendum 4786 Douglas; magistrate's 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
Page 5402
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 judge's salary 4548 Glynn; magistrate's court 5096 Glynn; ordinances, proposed amendment to the Constitution 2637 Glynn; state court personnel, etc. 4633 Gwinnett; airport authority Act amended 4544 Gwinnett; board or 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; sheriff's 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 exemption, 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; sheriff's compensation 4469 Laurens; small claims court Act amended 4197
Page 5403
Lincoln; chairman 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; sheriff's compensation 4003 Lumpkin; superintendent of schools, referendum 4274 Macon; compensation of judge and solicitor of state court 4063 Maricon; 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; coroner's 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; sheriff's 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
Page 5404
Pulaski; election of members of board of education, proposed amendment to the Constitution 2664 Pulaski; school superintendent, referendum 4638 Putnam; coroner's 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 sheriff's employees, proposed amendment to the Constitution 2639 Rockdale; board of commissioners, compensation 4845 Rockdale; clerk of superior court, compensation 4847 Rockdale; coroner's compensation 4843 Rockdale; magistrate's court 4040 Rockdale; probate court judge's compensation 4839 Rockdale; public defender's compensation 4867 Rockdale; sheriff's compensation 4841 Rockdale; tax commissioner's 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; sheriff's 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 facilities, 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; sheriff's salary 3612 Sumter; small claims court Act amended 3919 Sumter; superior court terms 546 Sumter; tax commissioner's salary 3614 Taylor; probate court personnel 4621 Taylor; superior court clerk's personnel 4623 Taylor; superior court terms 536 Telfair; board of education, terms, vacancies, etc. 3854 Terrell; small claims court Act amended 3913 Terrell; tax commissioner's 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; coroner's compensation 4348 Troup; Mountville Water Authority Act 4452 Troup; salaries of named officials 4342
Page 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; sheriff's 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 commissioner's
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; commissioner's expenses 3892 Webster; compensation of tax commissioner, etc. 3894 Wheeler; board of education, referendum 4126 Wheeler; employees of clerk of superior court 4120 Wheeler; sheriff's employees 4122 Wheeler; tax commissioner's compensation 4124 Wheeler; tax commissioner's employees 4118 Whitfield; compensation of clerk of superior court and judge of probate court 4288 Whitfield; coroner's 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; sheriff's salary 3590 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
Page 5406
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; board 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 22,32022,500; 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 37,20038,400; 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 90,000140,000; duties of tax collectors, etc 996 100,000 or more; fire safety standards 479 100,000-150,000; ad valorem taxes 595
Page 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 recorder's 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 591 200,000550,000; sale of alcoholic beverages 1768 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 2547 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 commissioner 5133 Gwinnett, bids 5139 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 magistrate's court 4068
Page 5408
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; recorder's 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; recorder's 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
Page 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 LaGrange; board of education 4985 LaGrange; 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 3530 Rincon; vacancies in office of mayor or councilperson 3935 Rome; corporate limits 4022 Roswell; corporate limits 3678 Savannah; city-county school system, districts 4139 Tennille; corporate limits 4101 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
Page 5410
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
Page 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 1352 Baldwin County Board of Education 1315 Butts County 1349 , 2197 Charlton County Board of Commissioners 1339 Chatham Service Corporation 1333 Georgia Easter Seal Society, Inc. 1300 Golden Isles Marina, Inc., easement 1307 Habersham County Board of Education 1309 I.T.T. Rajonier, Inc. 1331 J. P. Stevens Co., Inc. 1305 Newton County 1341 Tidwell, James E. 1336 Union Camp Corporation 1328 MISCELLANEOUS RESOLUTIONS Armadillo Olympics Days 1319 Bloodworth, William Franklin, bridge designated 5061 Environments Facilities Study Commission 1346 Federal judges, review of records 1313 Georgia Coroners Manual designated 1345 Georgia-Florida Parkway designated 1318 Grist, Miller J., bridge designated 5069 Hargrett, Dr. McKee, bridge designated 5057 Hazardous Drivers Study Committee 2195 Heery-Dickey Regional Youth Development Center named 5066 Holland, Clem, memorial bridge designated 5060 Joint Children and Youth Study Committee created 1303 Joint Committee on Farm Winery Laws 1338 Metropolitan Atlanta Rapid Transit Overview Committee 1322 Moss, C. L., parkway designated 5059 Motor Vehicle Safety week 1317
Page 5412
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
Page 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 firemen's 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 980 Irrigation systems, antisyphon devices 1232 Livestock dealers and market operators 1804 Tractors and farm equipment, etc. 1753 , 1791
Page 5414
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 (200,000500,000) (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
Page 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 1578
Page 5416
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 association, etc. 1781 BANKS COUNTY Compensation of tax commissioner 3897 Superior court judge's 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
Page 5417
BIBB COUNTY Board of education districts, referendum 4625 Board of 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 1065 BOATING Safety zones 873 BOGART, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. New charter 4869
Page 5418
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 sheriff's deputies, etc. 3950 Compensation of tax commissioner's employees 3943 Small claims court Act amended 4832
Page 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 Recorder's 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 sheriff's 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
Page 5420
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
Page 5421
CHRISTMAS DAY Sale of alcoholic beverages 890 CITIZEN RIGHTS Females 826 CITIZEN'S 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 magistrate's 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 commissioner's 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
Page 5422
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
Page 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 501
Page 5424
CORONERS Compensation in certain counties (10,600-10,900) 585 Compensation in certain counties (15,20015,400) 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
Page 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. 1658 Cash bonds 1136 Community service as condition of probation 1257 Courts of inquiry 493 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
Page 5426
Jail and prison overcrowding 1356 Pleas of insanity, etc. 1476 Pretrial intervention programs 1093 Public defender's 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 commissioner's 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
Page 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 Recorder's 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 1706
Page 5428
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 Recorder's 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 Judge's compensation 3562 DOUGLAS COUNTY Board of education districts, referendum 4786 Magistrate's court created 4659 DOWNTOWN DEVELOPMENT AUTHORITIES LAW Amended 1726
Page 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) 1853 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
Page 5430
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 (55,11056,000) (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
Page 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 1253 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
Page 5432
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
Page 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
Page 5434
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 PROCEDRE 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 784 GEORGIA COMMISSION OF STATE GROWTH POLICY ACT Amended 2261 GEORGIA CORONERS MANUAL Designated 1345 GEORGIA CRIME INFORMATION CENTER Duties, functions, etc. 952
Page 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
Page 5436
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 GLYNNBRUNSWICK HOSPITAL AUTHORITY Members 5051
Page 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 judge's salary 4548 Magistrate's 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 2306 GROWTH POLICY ACT Georgia Commission on State Growth Policy Act 2261 GRAND JURIES Elected officials ineligible to serve 779 Special purpose grand juries in certain counties (70,000 or more) 541 GRIFFIN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. GRIFFIN JUDICIAL CIRCUIT Judges' compensation 596 GRIST, MILLER J. Bridge designated 5069 GROVETOWN, CITY OF Judge of city court 3592
Page 5438
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
Page 5439
HARALSON COUNTY Compensation of county commissioner 3700 Members of board of education, referendum 4523 Sheriff's 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
Page 5440
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 Affidavits, etc. 933
Page 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
Page 5442
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
Page 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
Page 5444
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporter's 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 Sheriff's 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
Page 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 MATERIALMEN'S 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 1322 MILITARY INSTALLATIONS Sale of timber 853
Page 5446
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 Coroner's 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
Page 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
Page 5448
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
Page 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 PHYSICIAN'S ASSISTANT ACT Amended 1148
Page 5450
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 Judge's compensation 523 Judge's 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 Sheriff's 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
Page 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 784 Habeas corpus relief from court sentences 786 Investigations in child custody cases 1189 Jurisdiction over controversies relating to legitimate children 1369 Limitations on firemen's civil liability 1150 Mechanics' and Materialmen's liens 1144 Notice to owners of tax executions 1184 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. 493
Page 5452
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
Page 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) (150,300155,000) 996 Fees charged on tax executions 1114 Fees for collecting school taxes in certain counties (350,000500,000) 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 Coroner's salary 3844 Small claims court created 3899 , 4258
Page 5454
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 RECORDER'S COURTS Judges in certain counties (180,000-190,000) 4500 RECORDS Destruction by Departments 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
Page 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 sheriff's 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 Magistrate's Court 4040 Probate court judge's compensation 4839 Public defender's
compensation 4867 Sheriff's compensation 4841 Tax commissioner's compensation 4837 ROCKDALE JUDICIAL CIRCUIT Created 439 ROME, CITY OF Corporate limits 4022
Page 5456
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. 1781 Reports of certain currency transactions 2219 SCHLEY COUNTY Justices of the peace, proposed amendment to the Constitution 2598 SCHOOL FINANCE STUDY COMMISSION Created 1311
Page 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 Sheriff's 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 (190,000210,000) 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
Page 5458
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 MANAGEMENT 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
Page 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 . Clerk's compensation 1180 Retired judges may perform marriage ceremonies 1287 Terms in certain counties (350,000500,000) 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
Page 5460
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 Sheriff's salary 3612 Small claims court Act amended 3919 Superior Court terms 546 Tax commissioner's 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 Judge's secretaries 1486 SUPPLEMENTARY APPROPRIATIONS ACT Enacted 2A , 150 , 486
Page 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 clerk's 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 commissioner's compensation 4443
Page 5462
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 Coroner's compensation 4348 Mountville Water Authority Act 4452 Salaries of named officials 4342 Small claims court Act amended 4345 TROUP COUNTY, STATE COURT OF [Illegible Text] of judge and solicitor
Page 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 Sheriff's 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
Page 5464
UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY ACT Enacted 2076 UPSON COUNTY Citycounty 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
Page 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 commissioner's 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 Commissioner's expenses 3892 Compensation of tax commissioner, etc. 3894 WHEELER COUNTY Board of education, referendum 4126 Employees of clerk of superior court 4120 Sheriff's employees 4122 Tax commissioner's compensation 4124 Tax commissioner's employees 4118 WHITFIELD COUNTY Compensation of clerk of superior court and judge of probate court 4288 Coroner's 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
Page 5466
WILCOX COUNTY Sheriff's salary 3590 WINERIES Taxation 1111 WIRETAPPING, ETC. Surveillance devices, etc. 2319 WITNESS FEES Peace officers 982 WORKER'S 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
Page 5467
POPULATION OF GEORGIA COUNTIES County 1980 1970 1960 1950 1940 1930 Appling 15,565
12,726 13,246 14,003 14,497 13,314 Atkinson 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,379 8,233 8,359
8,940 8,096 7,055 Baker 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 34,686 34,240 34,064 29,706 24,190
22,878
Banks 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 21,293 16,859 14,485 13,115 13,064
12,401 Bartow 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,000 13,171 13,633 14,879 14,523
13,047 Berrien 13,525 11,556 12,038 13,966 15,370 14,646
Bibb 151,085 143,366 141,249 114,079
83,783 77,042 Bleckley 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 8,701 5,940 5,891 6,387 6,871 6,895
Brooks 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 10,175 6,539 6,226 5,965 6,288 5,952
Bulloch 35,785 31,585 24,263 24,740 26,010 26,509 Burke 19,349 18,255 20,596 23,458 26,520 29,224 Butts
13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,717 6,606 7,341 8,578 10,438 10,576 Camden 13,371
11,334 9,975 7,322 5,910 6,338
Campbell
9,903 Candler 7,518 6,412 6,672 8,063 9,103 8,991
Carroll 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 36,991 28,271 21,101 15,146 12,199 9,421
Charlton 7,343 5,680 5,313 4,821 5,256 4,381
Chatham 202,226 187,816 188,299 151,481 117,970
105,431 Chattahoochee 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 21,856 20,541 19,954 21,197
18,532 15,407 Cherokee 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 74,498 65,177 45,363 36,550
28,398 25,613
Clay 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 150,357 98,126 46,365 22,872
11,655 10,260 Clinch 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 297,694 196,793 114,174 61,830 38,272
35,408 Coffee 26,894 22,828 21,953 23,961 21,541 19,739
Colquitt 35,376 32,298 34,048 33,999
33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919
11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020
Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774
3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387
256,782 136,395 86,942 70,278
Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826
10,404 11,474 14,159 16,886 18,025 Dougherty 100,978 89,639 75,680 43,617 28,565 22,306 Douglas 54,573
28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273
Echols 2,297
1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262
17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952
6,653 7,401 7,102
Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199
7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005
11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902
Fulton 589,904 605,210 556,326
473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579
4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445
16,846
Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843
13,709 12,616 Gwinnett 166,903 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116
16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313
Hancock 9,466 9,019 9,979
11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167
11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610
9,102
Henry 36,309 23,724 17,619 15,857 15,119 15,924 Houston 77,605 62,924 39,154 20,964
11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089
21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594
Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118
Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908
Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992
Lamar
12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 36,990
32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569 14,487
8,444 8,595 8,153
Lincoln 6,949 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874 3,598 4,086
4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574 6,223 4,927
McDuffie 18,546 15,276 12,627 11,443 10,878 9,014
McIntosh 8,046 7,371 6,364 6,008 5,292 5,763
Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431 14,921
Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437
Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton
6,730 Mitchell 21,114 18,956 19,652 22,528 23,261
23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668
10,020
Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676 1-
,137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,439 26,282 20,999 20,185
18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082
Oglethorpe 8,929 7,598 7,926 9,958
12,430 12,927 Paulding 26,042 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846 11,705
10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112 11,800 12,522
Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,386 29,656 28,015 30,976 28,467 25,141 Pulaski 8,950
8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,357 2,180 2,432
3,015 3,435 3,820
Rabun 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 9,599 8,734 11,078 13,804
16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 36,747 18,152 10,572
8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347
Screven 14,043 12,591 14,919 18,000
20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 47,899 39,514 35,404 31,045 28,427
23,495 Stephens 21,763 20,331 18,391 16,647 12,972 11,740 Stewart 5,896 6,511 7,371 9,194 10,603 11,114
Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,534 6,625 7,127 7,087 8,141 8,458 Taliaferro
2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,902 7,865
8,311 9,113 10,768 10,617
Telfair 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 12,017 11,416
12,742 14,314 16,675 18,290 Thomas 38,098 34,562 34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487
22,645 18,599 16,068 Toombs 22,592 19,151 16,837 17,382 16,952 17,165
Towns 5,638 4,565 4,538
4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522 7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879
36,752 Turner 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372
Union 9,390 6,811 6,510 7,318 7,680 6,340 Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker
56,470 50,691 45,264 38,198 31,024 26,206 Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180
33,525 34,219 30,289 27,929 26,558
Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington
18,842 17,480 18,903 21,012 24,230 25,030 Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster
2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 5,155 4,596 5,342 6,712 8,536 9,149
White 10,120
7,742 6,935 5,951 6,417 6,056 Whitfield 65,780 55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998
7,905 10,167 12,755 13,439 Wilkes 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250
9,781 11,025 10,844 Worth 18,064 14,770 16,682 19,357 21,374 21,094
Total 5,464,265 4,589,575
3,943,116 3,444,578 3,123,723 2,908,506
Page 5470
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 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 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,293 Chattahoochee 21,732 Stephens 21,763 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,042 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,386 Tift 32,862 Newton 34,439 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,747 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,780 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,978 Clayton 150,357 Bibb 151,085 Gwinnett 166,903 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,694 DeKalb 483,024 Fulton 589,904 Total 5,464,265
Page 5472
GEORGIA STATE SENATE COUNTY Senatorial District Appling 4, 7 Atkinson 7 Bacon 7 Baker 10 Baldwin 25 Banks 47 Barrow 45, 48 Bartow 31, 52 Ben Hill 13 Berrien 8 Bibb 26, 27 Bleckley 19 Brantley 6 Brooks 9, 10 Bryan 3 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 7 Chatham 1, 2, 3 Chattahoochee 11 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 28, 44 Clinch 7 Cobb 32, 33, 56 Coffee 8, 19 Colquitt 9 Columbia 24 Cook 8 Coweta 28, 30 Crawford 17 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41-43, 55 Dodge 19 Dooly 13 Dougherty 12, 14 Douglas 30, 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21
Evans 4 Fannin 50 Fayette 28, 34 Floyd 52 Forsyth 49, 51 Franklin 47 Fulton 34-40, 56 Gilmer 50 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17, 28 Houston 18 Irwin 13 Jackson 46, 49 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 17 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 3, 6 Lowndes 8 Lumpkin 50 Macon 14, 18 Madison 24, 47 Marion 14 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 9 Monroe 27 Montgomery 20 Morgan 25, 45 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31, 56 Peach 18 Pickens 51 Pierce 7 Pike 17 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 11 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13
Page 5474
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 18 Ed 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 56 Haskew 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 1 J. 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 31 Nathan Dean P.O. Box 606,
Rockmart 30153 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 21 Bill English P.O. Box 521, Swainsboro
30401 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 37 Todd Evans P.O. Box 8276; Station F,
Atlanta 30306 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 54 W. W. (Bill) Fincher, Jr. P.O. Drawer
400, Chatsworth 30705 50 John C. Foster P.O. Box 100, Cornelia 30531 30 Wayne Garner Route 9, Chapel Heights,
Carrollton 30117 20 Hugh 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 12 Al Holloway P.O. Box 588,
Albany 31702 17 Janice 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 25 Culver 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 Lewis 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 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083
53 E. G. Summers P.O. Box 499, LaFayette 30728 9 Franklin Sutton Route 1, Norman Park 31771 38 Horace E.
Tate 621 Lilla Dr. S.W., Atlanta 30310 32 Joe Thompson P.O. Box 1045, Smyrna 30080 11 Jimmy Hodge
Timmons 132 S. Woodlawn St., Blakely 31723 10 Paul Trulock P.O. Box 68, Climax 31734 8 Loyce W. Turner
P.O. Box 157, Valdosta 31601 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 19 Ronnie
Walker P.O. Box 461, McRae 31055 2 Charles Henry Wessels P.O. Box 187, Savannah 31402
Page 5476
MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES
FOR THE TERM 1980-81
District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403
2 Charles Henry Wessels P.O. Box 187, Savannah 31402 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 4
Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Robert H. (Bob) Bell 2535 Henderson Mill Rd. N.E., Atlanta
30345 6 Bill Littlefield P.O. Box 833, Brunswick 31520 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 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 Al 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 P.O. Box 246, Greenville 30222 30 Wayne Garner Route 9, Chapel Heights, Carrollton 30117 31 Nathan Dean P.O. Box 606, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr. S.E., Atlanta 30315 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 38 Horace E. Tate 621 Lilla Dr. S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310 40 Paul Douglas Coverdell 2015 Peachtree Rd. N.E., Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 42 Pierre Howard 1105-H Clairmont Ave., Decatur 30030 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 W. D. (Don) Ballard 1122 Monticello St., Covington 30209 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 50 John C. Foster P.O. Box 100, Cornelia 30531 51 Max Brannon P.O. Box 1027, Calhoun 30701 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Haskew H. Brantley, Jr. P.O. Box 605, Alpharetta, 30201
Page 5478
GEORGIA HOUSE OF REPRESENTATIVES County House District Appling 138 Atkinson 150 Bacon 152 Baker 131 Baldwin 108, 109 Banks 10, 12 Barrow 12, 61, 64 Bartow 7, 8 Ben Hill 137 Berrien 146 Bibb 99-104 Bleckley 117 Brantley 138, 152 Brooks 147 Bryan 107 Bulloch 81, 82 Burke 82, 83 Butts 78 Calhoun 130,131,140 Camden 152 Candler 107 Carroll 66 Catoosa 2, 3 Charlton 151 Chatham 122129 Chattahoochee 110, 111 Chattooga 5 Cherokee 8 Clarke 62, 63, 64 Clay 130 Clayton 72 Clinch 150 Cobb 19, 20, 21 Coffee 137, 152 Colquitt 144, 145 Columbia 77 Cook 146 Coweta 67, 68, 71 Crawford 98 Crisp 135, 136 Dade 1, 5 Dawson 8 Decatur 141 DeKalb 44-58 Dodge 118 Dooly 135 Dougherty 131134 Douglas 65, 66 Early 140 Echols 147 Effingham 129 Elbert 13 Emanuel 106, 107 Evans 107 Fannin 4 Fayette 71, 72 Floyd 14, 15, 16 Forsyth 9 Franklin 13 Fulton 22-43 Gilmer 4 Glascock 105 Glynn 153, 154 Gordon 7 Grady 141, 142 Greene 13, 112 Gwinnett 59, 60, 61 Habersham 11 Hall 9 Hancock 112 Haralson 18 Harris 91 Hart 13 Heard 66, 68 Henry 73 Houston 113,114,115 Irwin 137 Jackson 12 Jasper 80, 112 Jeff Davis 138 Jefferson 83, 84 Jenkins 106 Johnson 105, 106 Jones 80 Lamar 78 Lanier 149 Laurens 118, 119 Lee 133 Liberty 139 Lincoln 76 Long 121, 139 Lowndes 147,148,149 Lumpkin 4 Macon 98, 115 Madison 13 Marion 110 McDuffie 77, 84 McIntosh 139 Meriwether 70 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 75, 112 Murray 3 Muscogee 91-97 Newton 74 Oconee 13, 64 Oglethorpe 13 Paulding 18, 19, 21 Peach 98, 113 Pickens 8 Pierce 138, 152 Pike 78, 79 Polk 16, 17 Pulaski 117 Putnam 109 Quitman 111 Rabun 4 Randolph 130 Richmond 84-90 Rockdale 57 Schley 115 Screven 81, 82 Seminole 140, 141 Spalding 71 Sthepens 10 Stewart 111 Sumter 111, 116 Talbot 70 Taliaferro 76 Tattnall 107, 121 Taylor 110 Telfair 118, 138 Terrell 130 Thomas 142, 143 Tift 146 Toombs 120, 121 Towns 4 Treutlen 120 Troup 68, 69 Turner 136, 137 Twiggs 103 Union 4 Upson 79 Walker 1, 5, 6 Walton 75 Ware 150, 151 Warren 76 Washington 105 Wayne 138 Webster 111 Wheeler 120 White 4, 11 Whitfield 3, 6 Wilcox 117 Wilkes 76 Wilkinson 108 Worth 136
Page 5480
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1980-81
District Representative Address
56-Post 2 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 14
John Adams 7 East Creekview Dr. Rome 30161 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 8-Post 3 Wendell T. Anderson RFD 4 Canton 30114 63 Bob Argo P.O. Box 509 Athens 30603 154 Dean A. Auten 628 King Cotton Row Brunswick 31520 140 Ralph J. Balkcom Route 1 Blakely 31723 83 Emory E. Bargeron P.O. Box 447 Louisville 30434 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 95 Thomas B. Buck, III P.O. Box 196 Columbus 31902 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 P.O. Box 378 Stockbridge 30281 131 Tommy Chambliss P.O. Box 2008 Albany 31702 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 23 Luther S. Colbert 495 Houze Way Roswell 30076 118 Terry L. Coleman P.O. Box 157 Eastman 31023 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 87 Jack Connell P.O. Box 308 Augusta 30903 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 141 Walter E. Cox 202 West St. Bainbridge 31717 5 John G. Crawford Route 1, Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 98 Bryant Culpepper P.O. Box 490 Fort Valley 31030 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 99 Burl Davis 740 Mulberry St. Macon 31201 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 85 R. A. Dent 1120 Pine St. Augusta 30901 151 Harry Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 125 Hardwick Dr.-Almon Covington 30209 11 Bill Dover Timbrook Hollywood 30523 110 Ward Edwards P.O. Box 146 Butler 31006 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 84 Warren D. Evans P.O. Box 539 Thomson 30824 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 71-Post 1 James R. (Jim) Fortune, Jr. 683 Brook Circle Griffin 30223 6-Post 2 R. L. (Shorty) Foster 4899 Tibbs Bridge Rd., S.E., Dalton 30720 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 82 John F. Godbee 401 Lane St. Brooklet 30415 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 80 Benson Ham 20 E. Main St. Forsyth 31029 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 130 Bob Hanner Route 1 Parrott 31777 8-Post 1 Joe Frank Harris 712 West Ave. Cartersville 30120 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 127 Bobby L. Hill 923 West 37th St. Savannah 31401 39 Bob Holmes 2073 Cascade Rd. S.W. Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 75 Neal Jackson 316 N. Board St. Monroe 30655 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 117 Ben Jessup P.O. Box 468 Cochran 31014 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 78 William Bailey Jones P.O. Box 3933 Jackson 30233 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 112 E. Roy Lambert 543 North Main St. Madison 30650 40 Dick Lane 2704 Humphries St. East Point 30344 81 Bob Lane 105 Wilton Dr. Statesboro 30458 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 127 Bobby L. Hill 923 West 37th St. Savannah 31401 39 Bob Holmes 2073 Cascade Rd. S.W. Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry
D. Jackson P.O. Box 7275 Chestnut Moutain 30502 75 Neal Jackson 316 N. Board St. Monroe 30655 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 117 Ben Jessup P.O. Box 468 Cochran 31014 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 78 William Bailey Jones P.O. Box 3933 Jackson 30233 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 112 E. Roy Lambert 543 North Main St. Madison 30650 40 Dick Lane 2704 Humphries St. East Point 30344 81 Bob Lane 105 Wilton Dr. Statesboro 30458 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 62 Hugh Logan 1328 Prince Ave. Athens 30601 142 Bobby Long 6th St., N.W. Cairo 31728 105 Jimmy Lord P.O. Box 254 Sandersville 31082 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 102 David E. Lucas 448 Woolfolk St. Macon 31201 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 13-Post 3 Charles C. Mann 238 Elbert St. Elberton 30635 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 60 Charles Martin 470 Hill St. Buford 30518 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 12 Lauren (Bubba) McDonald, Jr. Route 2, Box 408A Commerce 30529 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 107 John David Miles P.O. Box 345 Metter 30439 13-Post 2 Billy Milford Route 3 Hartwell 30643 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 152-Post 1 James C. Moore Route 2 West Green 31567 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 69 Edwin G. (Ed) Mullinax P.O. Drawer 1649 LaGrange 30241 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 109 Bobby E. Parham P.O. Box 606 Milledgeville 31061 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 146-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 152-Post 2 Tommy Smith Route 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 30345 54 Rev. Hosea L. Williams 8 East 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 5676 Sequoia Dr. Forest Park 30050 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032
Page 5488
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1980-81 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold
30736 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford Route 1, Box 518 Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 6-Post 2 R. L. (Shorty) Foster 4899 Tibbs Bridge Rd., S.E., Dalton 30720 7 Ernest Ralston P.O. Box 623 Calhoun 30701 8-Post 1 Joe Frank Harris 712 West Ave. Cartersville 30120 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 8-Post 3 Wendell T. Anderson, Sr. RFD 4 Canton 30104 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 11 Bill Dover Timbrook Hollywood 30523 12 Lauren (Bubba) McDonald, Jr. Route 2, Box 408-A Commerce 30529 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 13-Post 2 Billy Milford Route 3 Hartwell 30643 13-Post 3 Charles C. Mann 238 Elbert St. Elberton 30635 14 John Adams 7 East Creekview Dr. Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 16 Vacant 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 19-Post 2 Steve Thompson 4265 Bradley Dr. Austell 30001 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N.W. Atlanta 30318 25 John Savage 69 Inman Circle N.E. Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 37 David Scott 190 Wendell Dr. S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 39 Bob Holmes 2073 Cascade Rd. S.W. Atlanta 30311 40 Dick Lane 2704 Humphries St. East Point 30344 41 Greg Pilewicz 2307 Plantation Dr. East Point 30344 42 Virlyn B. Smith 330 Rivertown Rd. Fairburn 30213 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 44 Bruce Widener P.O. Box 88866 Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place N.E., Atlanta 30324 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 48 Betty Jo Williams 2024 Castleway Dr. N.E., Atlanta 30345 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Doug Vandiford 3201 Kensington Rd. Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Dr. N.E. Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 56-Post 2 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032 57 Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 60 Charles Martin 470 Hill St. Buford 30518 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 62 Hugh Logan 1328 Prince Ave. Athens 30601 63 Bob Argo P.O. Box 509 Athens 30603 64 John Russell P.O. Box 588 Winder 30680 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 66Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 67 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 68 J. Crawford Ware P.O. Box 305 Hogansville 30230 69 Edwin G. (Ed) Mullinax P.O. Drawer 1649 LaGrange 30241 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 71Post 1 James R. (Jim) Fortune, Jr. 683 Brook Circle Griffin 30223 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 74 Denny M. Dobbs 125 Hardwick Dr.- Almon Covington 30209 75 Neal Jackson 316 N. Broad St. Monroe 30655 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 78 William Bailey Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Benson Ham 20 E. Main St. Forsyth 31029 81 Bob Lane 105 Wilton Dr. Statesboro 30458 82 John F. Godbee 401 Lane St. Brooklet 30415 83 Emory E. Bargeron P.O. Box 447 Louisville 30434 84 Warren D. Evans P.O. Box 539 Thomson 30824 85 R. A. Dent 1120 Pine St. Augusta 30901 86 Mike Padgett Route 1, Box 5 Augusta 30906 87
Jack Connell P.O. Box 308 Augusta 30903 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 90 David Swann 804 Camellia Rd. Augusta 30909 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 95 Thomas B. Buck, III P.O. Box 196 Columbus 31902 96 Gary C. Cason 3128 College Dr. Columbus 31907 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Bryant Culpepper P.O. Box 490 Fort Valley 31030 99 Burl Davis 740 Mulberry St. Macon 31201 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 105 Jimmy Lord P.O. Box 254 Sandersville 31082 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 107 John David Miles P.O. Box 345 Metter 30439 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 109 Bobby E. Parham P.O. Box 606 Milledgeville 31061 110 Ward Edwards P.O. Box 146 Butler 31006 111 Don Castleberry P.O. Box 377 Richland 31825 112 E. Roy Lambert 543 North Main St. Madison 30650 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George Hooks P.O. Box 928 Americus 31709 117 Ben Jessup P.O. Box 468 Cochran 31014 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 120 L. L. (Pete) Phillips Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 127 Bobby L. Hill 923 West 37th St. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Bob Hanner Route 1 Parrott 31777 131 Tommy Chambliss P.O. Box 2008 Albany 31702 132 John White P.O. Box 3506 Albany 31706 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 136 Earleen Sizemore Route 3 Sylvester 31791 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 6th St., N.W. Cairo 31728 143 R. Allen Sherrod Route 1 Coolidge 31738 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 146-Post 2 Monty Veazey P.O. Box 1572 Tifton 31794 147 Henry L. Reaves Route 2 Quitman 31643 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Waconar. Waycross 31501 151 Harry Dixon 1303 Coral Rd. Waycross 31501 152-Post 1 James C. Moore Route 2 West Green 31567 152-Post 2 Tommy Smith Route 1 Alma 31510 153 James R. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean A. Auten 628 King Cotton Row Brunswick 31520
Page 5496
STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1981 Georgia Laws Referendums Proposed Election Results Not Known Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 5 16 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 45 2 2 41 1959 34 1 33 1960 47 7 1 39 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 35 2 3 30 1964 Ex. Sess. 9 1 1 7 1965 23 3 20 1966 25 2 23 1967 39 2 37 1968 48 3 1 44 1969 48 3 3 42 1970 44 4 1 39 1971 43 5 38 1971 Ex. Sess. 3 3 1972 64 1 1 62 1973 21 1 2 18 1974 25 1 1 23 1975 33 1 1 31 1975 Ex. Sess. 1 1 1976 26 2 24 1977 13 13 1978 25 1 24 1979 5 5 1980 22 4 18 1981 10 2 8 TOTALS 907 42 49 816
Page 5497
REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523),
provides that the results of all referendum elections which are provided for by any local or special law enacted by the
General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of
State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of
State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of
Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55
Agn30 Chatham 2538 Taxation Not held
DeKalb 3249 County Commissioners 5-13-53 For4445
Agn8483 Franklin 3030 County Commissioners 11-
2-54 For1152
Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69
Agn151 Gilmer 588 City of Ellijay
6-1-53 For69
Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55
Agn61 Irwin 2495 Tax
Commissioner 11-2-54 For568
Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458
Town of Spring Place 5-19-53 For36
Agn48 Murray 2340 City of Chatsworth Election Results Not Known
Murray 2444 Tax Commissioner 4-21-53 For553
Agn261 Troup 2276 City of West Point 4-1-53 For250
Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210
Agn2613
Page 5498
Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result
Burke 2049 County Commissioners 9-8-54 For1833
Agn648 Cherokee 2668 Certain County
Officerscompensation 11-2-54 For913
Agn674 Clayton 2855 City of Forest Park Election Results Not
Known Clayton 2029 City of Jonesboro 12-9-53 For64
Agn229 Clayton 2064 City of Lake Tara Election
Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406
Agn603 Crisp 2407 City of Cordele 10-
5-54 City vote :
For202; Agn132
County vote :
For23; Agn252 Decatur 2197 City of West
Bainbridge 1-11-54 For200
Agn527 DeKalb 2578 City of Decatur 10-21-54 For466
Agn827 Early
2282 City of Blakely 4-19-54 For45
Agn82 Elbert 2987 City of Elberton 3-23-54 For958
Agn248
Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54
For1637
Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154
Agn164 McDuffie 2584
City of Thomson 3-12-54 For253
Agn290 Miller 2814 City Court of Miller County Election Results Not
Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54
For259
Agn189 Sumter 2972 City of Americus 1-12-54 For382
Agn431 Troup 2858 City of West
Point 1-27-54 City vote :
For140; Agn6
Outside city vote :
For64; Agn53 Twiggs 2570 County
Commissioners 11-2-54 For161
Agn626 Georgia Laws, 1955 : County Page No. SUBJECT Date of
Election Result Baldwin 2830 County Commissioners 4-20-55 For1079
Agn716 Clarke 3057 City of
Athens/Clarke Countyschool systems 5-4-55 For1124
Agn564 Clayton 2781 City of Morrow 4-16-55 For75
Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46
Agn13 DeKalb 2806 Form of government
5-18-55 (1) Single Com.
For750
Multiple Com.
For5013
(2) Co. Exec.
For2728
Co. Manager
For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471
Agn522 Fulton 2650 City
of Hapeville Election Results
Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25
Agn89
Hall 3038 Tax Commissioner 11-28-55 For2163
Agn775 Hall 2627 Certain County Officerscompensation
11-28-55 For2144
Agn826 Houston 2093 City of Warner Robins 4-5-55 For234
Agn547 Jackson
2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582
Agn1327 Lumpkin 2892
County Commissioners 4-13-55 For337
Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-
55 For610
Agn877 Tift 2344 City of Tifton 4-27-55 For764
Agn270 Wayne 2858 City of Jesup 4-
27-55 For383
Agn206
Page 5501
Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County
Commissioners 4-3-56 For1394
Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For107 (1 of 2)
Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of
Milledgeville 7-18-56 For12
Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054
Agn1378
Barrow 3100 City of Winder 5-4-56 For13
Agn103 Carroll 2797 City Court of Carrollton 11-6-56 For1305
Agn2344 Carroll 2877 City of Whitesburg Election Results
Not Known Chattooga 2899 County
Commissioner 9-12-56 For2142
Agn1167 Clayton 2040 City of Forest Park Election Results (1 of 2)
Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of
Mountain View 3-24-56 For341
Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28
Agn22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864
Agn2411 Colquitt 2403 Tax
Commissioner 2-28-56 For3939
Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area:
For1986; Agn169 [UNK] City vote: Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005;
Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976;
Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote: Area 2-Colonial Heights Area: For145; Agn83
Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway
Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 2932 DeKalb City Court of Decatur 5-
16-56 For12,520 3237 Agn5,846 DeKalb Multiple commission form of government 5-16-56 For18,393 (1 of
2) 3237 Agn2,001 DeKalb Commission Chairman 5-16-56 For: (a)4,743 (1 of 2) 2022 For: (b)15,300
Fayette Tax Commissioner 2-25-56 For292 3507 Agn37 Glascock Sheriffcompensation 3-14-56 For498
2502 Agn227 Gwinnett Tax Commissioner 11-6-56 For3,383 3166 Agn1,641 Hall City of Lula 3-27-56
Belton vote :
For64; Agn2
Lula vote :
For35; Agn3 Houston 2510 City of Warner Robins 5-8-56
For215
Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972
Agn1556 Laurens 3267 City of
Dublin Not held Miller 2799 Voting machines 9-12-56 For231
Agn580 Murray 3476 City of Chatsworth
8-25-56 For77
Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote :
For6179; Agn2356
Outside city vote :
For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109
Agn90
Richmond 2406 City of Augusta 4-18-56 For7769
Agn3734 Spalding 2412 City of Griffin 4-17-56 City
vote :
For948; Agn595
Affected area :
For365; Agn400 Thomas 3159 Certain County
Officerscompensation 4-24-56 For902
Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876
Agn957 Troup 2827 City of Hogansville 7-18-56 City vote :
For216; Agn117
Outside city vote :
For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257
Agn276 Troup 3423 City of North West
Point 4-25-56 For34
Agn111 Walker 2995 Town of Linwood Election Results
Not Known Whitfield
2093 City of Dalton 3-15-56 For985
Agn1831 Georgia Laws, 1957 : County Page No. SUBJECT
Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010
Agn314 Bulloch 2877 City of
Statesboro 7-26-57 Area 1 :
For312; Agn14
Area 2 :
For312; Agn14
Area 3 :
For313;
Agn13 [Illegible Text] 2003 City of Port Wentworth 3-20-57 For422
Agn128 Clarke 2033 City of Athens
2-27-57 For617
Agn2112 Clarke 2036 City of Athens 2-27-57 For714
Agn2047 Cobb 3020 City of
Acworth 5-4-57 For73
Agn181 Coffee 2833 City of Douglas 5-29-57 For485
Agn99 Colquitt 2205
City of Moultrie 3-11-57 For25
Agn53 Cook 3253 County Commissioners 5-8-57 For227
Agn364
Dougherty 2595 City of Albany 5-20-57 For325
Agn720 Douglas 2358 City of Douglasville 5-3-57 City
vote :
For50; Agn53
Affected area :
For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57
City vote :
For: Area 1 and 2
Outside city vote :
For: Area 2
Agn: Area 1 Gwinnett 2669
City of Lawrenceville 3-23-57 For27
Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County
Commissioners 4-6-57 For784
Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for
$5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote :
For78; Agn12
Outside city vote :
For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75
Agn10 Polk 2185 City of Cedartown 5-8-57
For656
Agn934 Wilkinson 2383 Town of McIntyre 5-25-57 For49
Agn18 Georgia Laws, 1958 :
County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206
Agn197
Baldwin 3302 County Commissioner 11-4-58 For932
Agn717 Barrow 2338 City of Winder 6-4-58 For131
Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590
Agn1254 Bartow 2866 Certain County
Officerscompensation 9-10-58 For3462
Agn1356 Brooks 2859 City of Quitman 5-27-58 For173
Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291
Agn115 Chatham 3337 City of Savannah 5-
27-58 For4024
Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55
Agn30 Cherokee
2437 City of Canton 5-7-58 For119
Agn483 Cherokee 2661 City of Canton 5-7-58 For223
Agn37
Clayton 3022 City of Mountain View Election Results
Not Known Clayton 3397 City of Forest Park
Election Results
Not Known Clayton Fulton 2309 City of College Park 5-19-58 For2
Agn0 Clayton
Fulton 2363 City of College Park 5-14-58 For10
Agn0 Clayton Fulton 2721 City of College Park 6-3-58
For738
Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2
Agn0 Clayton Fulton 2854
City of College Park 5-14-58 For0
Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63
Agn28
Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58
(Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote :
For41; Agn1
Affected
area :
For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571
Agn2997 Early 2829 City
of Blakely 8-12-58 For59
Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote :
For227; Agn15
Outside city :
For143; Agn54
Parcel #2-City vote :
For229; Agn15
Outside city :
For39; Agn40
Parcel #3-City vote :
For230; Agn14
Outside city :
For24;
Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162
Agn282 Franklin 2644 City of Carnesville 4-22-58
For33
Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote :
For234; Agn75
County vote :
For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925
Agn169 Haralson 2820 City of Bremen Not
Held Henry 3127 Certain County Officerscompensation 5-21-58 For346
Agn206 Henry 3132 City of
Stockbridge 4-30-58 City vote :
For61; Agn75
Outside City :
For16; Agn116 Henry 3198 City
of Hampton 4-30-58 City vote :
For92; Agn3
Outside City :
For37; Agn9 Henry 3367 City of
McDonough Election Results
Not Known Jasper 2921 City of Monticello 6-3-58 City vote :
For147;
Agn107
Outside City :
For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025
Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907
Agn243 Newton 2269 City of Covington 7-9-58
For151
Agn460 Polk 2468 Town of Van Wert 9-10-58 For7
Agn57 Pulaski 2826 Tax Commissioner
11-4-58 For222
Agn235 Putnam 2980 City of Eatonton 6-11-58 For42
Agn257 Tift 2696 City of
Tifton (2 elections held) 4-30-58 City vote :
For669; Agn43
Outside City :
For333; Agn286 Tift
2930 City of Tifton 5-7-58 Election Results
Not Known Ware 2763 City of Manor 5-17-58 For19
Agn100 Wilkes 2091 County Commissioners 11-4-58 For749
Agn98 White 3224 County Commissioners
Not held Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City
of Cartersville 4-29-59 For79
Agn154 Bartow 2793 City of Cartersville 4-29-59 For3
Agn21 Bartow
2797 City of Adairsville 5-12-59 For77
Agn120 Bartow 2907 City of White (Sec. 2) (2 elections held) 5-16-
59 County Election, Sec. 2 :
For7; Agn36
City Election :
For27; Agn45 Bartow 2920 City of
Kingston 5-16-59 For49
Agn2 Catoosa 2161 County Commissioners 3-28-59 For718
Agn2430
Chattooga 2809 City of Summerville 5-23-59 For160
Agn462 Cherokee 2494 Certain County
Officerscompensation 4-4-59 For1522
Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14
Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0
Agn0 Clayton Fulton 2516 City of College
Park 5-18-59 For5
Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3
Agn0 Cobb
Douglas 3142 City of AustellParcel #2 8-18-59 For7
Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-
59 For2
Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5
Agn49 Cobb Douglas
3142 City of AustellParcel #4 8-11-59 For14
Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50
Agn81 Dougherty 2091 County Commissioners 4-12-60 For755
Agn417 Dougherty 3064 City of Albany
6-8-59 For1413
Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241
Agn569 Elbert 2627
County Commissioners 4-8-59 For804
Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041
Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014
Agn228 Emanuel 2592 City of
Twin City 5-4-59 For200
Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82
Agn45 Habersham
2178 City of Cornelia 4-13-59 For102
Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59
For502
Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109
Agn30 Newton 2780
City of Oxford 5-1-59 For30
Agn36 Polk 2171 City of Cedartown 5-19-59 City vote :
For387; Agn75
County vote :
For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388
Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510
Agn827 Turner 2575 County
Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810
Agn1629 Georgia Laws,
1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60
For1197
Agn767 Berrien 3301 City of Nashville 11-8-60 For466
Agn418 Bibb 3223 Macon-Bibb
County 6-1-60 City vote :
For4598; Agn4288
Outside City vote :
For1902; Agn7368
Payne
City vote :
For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151
Agn283 Chattooga
2715 Town of Trion 5-5-60 For53
Agn25 Clarke 2234 City of Athens 4-13-60 For276
Agn522 Cobb
2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For320
Agn146
Douglas Cobb 2118 City of Austell 3-26-60 For27
Agn38 Dodge 2608 Town of Rhine 4-27-60 For146
Agn4 DeKalb 3158 City of Decatur Election results
Not Known Emanuel 2360 County Commissioners 11-
8-60 For877
Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area :
For32; Agn62
Within City vote :
For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296
Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6
Agn0 Fulton Clayton 2854 City of
College Park 5-16-60 For21
Agn15 Greene 3089 Tax Commissioner 4-28-60 For801
Agn823 Greene
3093 Certain County Officerscompensation 4-28-60 For822
Agn835 Henry 3297 City of McDonough 5-18-
60 Inside City vote :
For61; Agn35
Outside City vote :
For41; Agn83 Houston 2605 Tax
Commissioner 11-8-60 For4059
Agn959 Jefferson 2913 Town of Avera Election Results
Not Known
Lamar 2294 Certain County Officerscompensation 5-11-60 For131
Agn193 Liberty 2237 County
Commissioners 3-30-60 For1096
Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87
Agn656
McIntosh 2888 Clerk Superior Court Election Results
Not Known McIntosh 2893 Sheriff Election Results
Not Known McIntosh 2899 Tax Commissioner Election Results
Not Known McIntosh 2904 Ordinary
Election Results
Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla
For 45; Agn15
Mitchell County
For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894
Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74
Agn50
Pulaski 2991 Clerk Superior Court 9-14-60 For798
Agn962 Pulaski 2995 Tax Collector 9-14-60 For803
Agn952 Pulaski 2998 Ordinary 9-14-60 For805
Agn949 Pulaski 3001 Sheriff 9-14-60 For810
Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777
Agn952 Rabun 2417 City of Clayton 5-25-60 For46
Agn160 Rockdale 2028 City of Conyers 3-2-60 For134
Agn283 Stewart 2051 County Commissioner and
Advisory Board 3-16-60 For418
Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092
Agn918 Walton 2063 County Commissioners 3-9-60 For2748
Agn1117 Walton 2067 Tax Commissioner
3-9-60 For3181
Agn900 Wayne 2202 County Commissioners 3-4-60 For458
Agn1672 Whitfield
2003 County Commissioner 3-2-60 For955
Agn1042 Whitfield 2007 Certain County Officerscompensation 3-
2-60 For1272
Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227
Agn806
Page 5517
Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley
4-18-61 For514
Agn292 Bartow 2782 City of Cartersville 6-10-61 For6
Agn44 Bartow 3382 City of
Cartersville 6-10-61 For29
Agn20 Bartow 3469 City of Cartersville 6-10-61 For205
Agn159 Bibb
2441 City of Macon 5-24-61 City vote :
For1560; Agn445
Outside City vote :
For12, 269;
Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267
Agn764 Chatham 2969 City of Savannah 5-10-61
City of Savannah :
For9176; Agn1679
Zone No. 1 :
For886; Agn759
Zone No. 2 :
For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137
Agn144 Chattooga 2658 City of
Summerville 5-27-61 For338
Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of
BlakelyNorth City Limits 6-13-61 For61
Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35
Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote :
For108; Agn26
Outside City vote :
For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote :
For45; Agn25
Outside City vote :
For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56
Agn15 Laurens 2598 City of Dublin 8-2-61
For1077
Agn463 Meriwether 2760 City of Manchester 5-3-61 For614
Agn322 Meriwether 3058
Board of County Commissioners 5-31-61 For860
Agn320 Meriwether 3223 County Treasurer 5-31-61 For680
Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940
Agn243 Meriwether 3456
Certain County Officerscompensation 5-31-61 For938
Agn254 Monroe 2994 City of Forsyth 10-4-61 For668
Agn245 Murray 3403 City of Spring Place 6-24-61 For24
Agn19 Pike 2704 City of Zebulon 5-6-61 For52
Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For:
22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter
3251 City of Americus 5-9-61 For331
Agn954 Troup 2650 City of West Point 4-26-61 For143
Agn224
Page 5520
Georgia Laws, 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond
Hill 4-4-62 For153
Agn119 Chatham 2707 Town of Pooler 4-26-62 For110
Agn114 Clarke 2677
City of Athens 5-23-62 For643
Agn521 Clarke 2751 City of Athens 4-25-62 For1228
Agn1361
Clayton Fulton 2592 City of College Park 5-5-62 For32
Agn37 Clayton Fulton 2599 City of College Park 6-
1-62 For214
Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4
Agn160 Columbia
2713 City of Martinez 9-12-62 For85
Agn573 Emanuel 2359 Board of County Commissioners 11-6-62
For450
Agn484 Fulton 2473 City of East Point 5-9-62 For1
Agn3 Fulton 2854 City of East Point 5-
9-62 For1
Agn6 Fulton 2861 City of East Point 5-9-62 For6
Agn31 Fulton 3130 City of East Point
5-9-62 For25
Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737
Agn638 Henry 2403 Town
of Locust Grove 4-25-62 For20
Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of
Commerce 12-5-62 Inside City :
For385; Agn108
Outside City :
For58; Agn237 Laurens 2528
Town of Dudley 3-28-62 For29
Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of
Manchester 3-28-62 For234
Agn66 Meriwether 2396 City of Manchester 3-28-62 For251
Agn47
Meriwether 2422 City of Manchester 3-28-62 For224
Agn67 Meriwether 2603 City of Manchester 3-28-62
For231
Agn76 Meriwether 2613 City of Manchester 3-28-62 For227
Agn57 Mitchell 2158 City of
Camilla 4-24-62 For15
Agn0 Murray 2576 City of Chatsworth 6-23-62 For143
Agn183 Muscogee
2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County :
For6612; Agn9103
City
of Columbus :
For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550
Agn167
Oglethorpe 3202 City Court of Lexington 11-6-62 For392
Agn180 Putnam 2440 Certain County
Officerscompensation 11-6-62 For626
Agn129 Putnam 3048 Tax Commissioner 11-6-62 For548
Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated
Ext. 2Ratified Terrell 3186 City of Dawson
Election Results
Not Known Upson 2074 City of Thomaston 4-3-62 For577
Agn543 Warren 2981
Clerk Superior Court attend Court of Ordinary 11-6-62 For281
Agn313 Washington 3038 City of Tennille 5-
2-62 In proposed area :
For13; Agn44
In City Tennille :
For139; Agn58 Wayne 3110 Board of
County Commissioners 11-6-62 For664
Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70
Agn21
Page 5523
Georgia Laws, 1963 : County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and
Tax Receivercompensation 4-25-63 For581
Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin
County 5-28-63 For142
Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721
Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545
Agn1330 Bartow 2074
Clerical help in office of the Ordinarycompensation 4-10-63 For666
Agn1230 Bartow 2078 County
Commissioner clerical helpcompensation 4-10-63 For532
Agn1343 Bartow 2082 Deputy Tax
Commissionercompensation 4-10-63 For511
Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714
Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15
Agn0 Bleckley 2382 Tax Commissioner 6-5-63
For209
Agn436 Cherokee 2016 City of Canton 5-1-63 For45
Agn29 Clayton 2723 Town of Lovejoy
Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64
For2123
Agn4100 Colquitt 2203 City of Moultrie Election Results
Not Known DeKalb 3457 City of
North Atlanta 7-11-63 For(1)508
For(2)55
For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034
Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City :
For243; Agn44
Outside City :
For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798
Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421
Agn1571 Henry 2609 Board of County
Commissioners 5-15-63 For Sec. 1669
For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127
Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91
Agn279 Jackson 2575 City of Commerce Not Held
Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254
Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333
Agn669 Pulaski 3436 Tax
Commissioner 6-18-63 For354
Agn321 Screven 2835 City of Sylvania 6-4-63 For160
Agn79 Talbot
2185 Board of County Commissioners 5-22-63 For239
Agn295 Telfair 2482 City of McRae 5-1-63 For130
Agn3 Thomas 3402 City of Boston 5-20-63 For45
Agn126 Thomas 3405 City of Boston 5-20-63 For52
Agn127 Turner 2471 County Commissioner 4-24-63 For249
Agn603 Walton 2600 Tax Equalization
Program 7-24-63 For1715
Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727
Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304
Agn119 Wilkes 3447 Tax
Commissionercompensation 5-28-63 For1281
Agn130
Page 5526
Georgia Laws 1964, January-February session : County Page No. SUBJECT Election Date of Result
Appling 2681 Certain County Officerscompensation 6-17-64 For2543
Agn848 Brooks 2776 City of Quitman
Election Results
Not Known Chatham 2288 Town of Pooler 4-15-64 For124
Agn61 Cherokee 2351
City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174
Agn394 Colquitt 2305 City of
Moultrie 10-20-64 For1174
Agn613 Cook 2093 County Commissioners 3-4-64 For2003
Agn1612
Dodge 2954 City of Empire 6-2-64 For55
Agn71 Fulton 2478 City of Union City 5-8-64 For214
Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City
of Suwanee 5-11-64 For90
Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251
Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside :
For61
Agn43
Outside :
For0
Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246
Question B: 873 McDuffie 2095 Board of
County Commissioners 4-1-64 For971
Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985
Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982
Agn1705 Meriwether 2154
Town of Greenville Election Results
Not Known Meriwether 2412 City of Woodbury 4-22-64 For110
Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County
Commissionerscompensation 9-9-64 For1868
Agn1763 Peach 2627 Board of County Commissioners 4-29-64
(3 questions)
For509
Agn502
For692
For93 Pickens 2066 Board of County Commissioners
3-4-64 For1822
Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City :
For43
Agn3
Outside City :
For9
Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685
Agn639 Tift
2208 City of Tifton 4-22-64 For281
Agn216 Tift 2361 City of Tifton 4-22-64 For136
Agn368 Tift
2900 Board of County Commissioners 5-13-64 For1992
Agn1290 Tift 3069 Board of County Commissioners
5-13-64 For2592
Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695
Agn285 Walker
2018 Tax Commissioner 2-18-64 For4673
Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64
For4655
Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246
Agn41 Fire District
Commissioners 3-22-65 For 3 member board
81 votes for each
candidate Ware 2455 Tax Commissioner
Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817
Agn2807 Wilkinson 2314 Tax
Commissioner 11-3-64 For933
Agn863
Page 5529
Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096
Sheriffcompensation 7-15-64 For464
Agn529 Barrow 2347 City of Winder 9-9-64 For507
Agn372
Cobb 2075 Board of County Commissioners 7-8-64 For7297
Agn2791 Cobb 2179 City of Elizabeth
Election Results
Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-
22-64 For57
Agn104 Troup 2256 City of Hogansville 9-2-64 For200
Agn410 Troup 2350 Small
Claims and Committal Court of LaGrange Election Results
Not Known Worth 2116 City of Sylvester 12-2-64
For216
Agn32
Page 5530
Georgia Laws, 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Certain County
Employeescompensation 11-8-66 For589
Agn556 Appling 3361 Providing for an annual audit 11-8-66
For733
Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544
Agn462 Baldwin 2316 Board of
County Commissioners 4-7-65 For801
Agn1878 Brooks 3226 City of Quitman Election Results
Not
Known Chatham 3181 Isle of Hope Election Results
Not Known Crisp 2167 City of Cordele 4-28-65
For828
Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148
Agn688 Decatur 3245 Small
Claims Court of Decatur County 6-16-65 For447
Agn472 Dooly 2582 City of Unadilla 7-20-65 For56
Agn115 Echols 3160 City of Statenville 7-14-65 For72
Agn75 Fulton Clayton 3391 City of College Park
4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6
For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For92
Agn123 Houston 2650
City Court of Warner Robins 6-22-65 For1847
Agn1657 Jackson 3408 City of Jefferson Election Results
Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51
For0 Madison 3068 Certain County
Officerscompensation 6-16-65 Eff. 1-1-66
For1384
Eff. 1-1-67
For422 McDuffie 2480
Coronercompensation 5-12-65 For105
Agn58 Putnam 2862 County Commissionerscompensation 6-16-65
For183
Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1
For226
Agn49
Fire Dist. No. 2
For116
Agn46
Fire Dist. No. 3
For364
Agn535 Tift
2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953
Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952
Agn381 Tift 2705 * Tax
Commissionercompensation 6-16-65 For943
Agn361
Page 5532
Georgia Laws, 1966 : County Page No. SUBJECT Election Date of Result Appling 2754 Board of County
Commissioners 11-8-66 For728
Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004
Agn704 Bartow 2144 City of Adairsville 4-2-66 For167
Agn48 Bartow 2454 City of Adairsville 4-2-66
For210
Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368
Agn1148 Blloch 2316 City of
Statesboro 11-8-66 For265
Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs
For-
2504 Agn-5173
Adamsville
For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459
Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150
Agn115 Habersham 2625 City of Cornelia 4-
27-66 For149
Agn114 Habersham 3102 City of Cornelia 4-27-66 For144
Agn118 Habersham 3144
City of Cornelia 4-27-66 For157
Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842
Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184
Agn387 Jackson 3025 City of Jefferson Not held
Jeff Davis 2352 City of Denton 4-6-66 For162
Agn58 Meriwether 2266 Certain County Officerscompensation
11-8-66 For1495
Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40
Agn19 Meriwether
3318 City of Woodbury 5-11-66 For27
Agn6 Meriwether 3403 City of Greenville 5-4-66 For24
Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180
Agn153 Pike 3170 City of Zebulon 4-30-66 For89
Agn14 Stephens 2628 County Commissioners 11-8-66
For1443
Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083
Agn603
Page 5534
Georgia Laws, 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 County Board of
Education 6-28-67 For333
Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City
of Statham 5-19-67 For185
Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179
Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490
Agn111 Bulloch 2997 Town of Brooklet 9-1-67
For33
Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139
Agn3373 Catoosa 2225
County Board of Education 4-15-67 For1426
Agn2993 Chattahoochee 2530 County Board of Education Not
held Clarke 2929 County Board of Education 6-7-67 For663
Agn570 Clarke 3215 City of Athens Not
Held Cook 2507 County Board of Education 8-16-67 For584
Agn135 Crisp 2691 County Board of
Education 9-14-67 For266
Agn32 Dooly 2467 City of Vienna 6-20-67 For12
Agn9 Dooly 2922
County Board of Education 6-20-67 For807
Agn173 Echols 3491 City of Statenville 5-15-67 For62
Agn106 Floyd 2163 City of Rome 4-26-67 For333
Agn794 Gordon 2898 Fire Protection Services 6-21-67
For286
Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City
For101
Agn87
Outside City
For43
Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292
Agn680
Houston 3241 County School Superintendent 11-7-67 For1001
Agn2317 Houston 3244 County Board of
Education 11-7-67 For2559
Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59
Agn5 McDuffie
2169 Deputy Sheriffcompensation 4-26-67 For1069
Agn539 Meriwether 2011 City of Greenville 4-3-67
For41
Agn0 Murray 2458 City of Chatsworth 5-31-67 For154
Agn19 Newton 2405 County Board of
Education 5-3-67 For1258
Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301
Agn540 Pike 2448 Tax Commissioner 9-6-67 For454
Agn52 Pike 3152 County Board of Education 9-6-67
For441
Agn65 Polk 2718 County Board of Education 11-5-68 For3306
Agn1245 Pulaski 3463
Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County
For249
Agn482
City
of Hawkinsville
For466
Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition
#1
For1109
Proposition #2
For782 Stephens 3005 County Board of Education 5-2-67 For709
Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097
Agn88 Thomas 2115 City of
Thomasville 3-28-67 For841
Agn398 Turner 2694 City of Sycamore 5-26-67 For162
Agn51 Union
3064 Sheriffcompensation 6-28-67 For235
Agn790 Whitfield 2277 City of Dalton 4-19-67 For516
Agn607
Page 5537
Georgia Laws, 1968 : County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of
County Commissioners 4-17-68 For591
Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400
Agn321 Banks Habersham 2400 Town of Baldwin Election Results
Not Known Berrien 2241 Board of
County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736
Agn7,193
Bleckley 2278 City of Cochran 6-19-68 For351
Agn781 Candler 2446 County Board of Education 5-7-68
For296
Agn467 Carroll 2256 County School Superintendent 4-24-68 For250
Agn1,341 Carroll 2841
County Board of Education 4-24-68 For547
Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118
Agn145 Charlton 2984 Town of Homeland Election Results
Not Known Chatham 2636 Board of Education
of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874
Agn11,276 Chat
tahoochee 2717 County Board of Education 7-12-68 For4
Agn20 Cherokee 3751 Cherokee County School
System 11-5-68 For2,042
Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546
Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508
Agn1,100 Colquitt 2130 City of Moultrie
4-23-68 For540
Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048
Agn320
Decatur 2565 County Board of Education 5-1-68 For971
Agn1,104 Decatur 2756 City of Bainbridge 6-5-68
For292
Agn137 Douglas 2262 County School Superintendent 5-21-68 For189
Agn1,025 Douglas
3764 County Board of Education 5-21-68 For498
Agn686 Echols 3514 County Board of Education 11-5-68
For457
Agn38 Emanuel 2487 County Board of Education 4-24-68 For405
Agn633 Evans 3722 City
of Daisy Election Results
Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69
For2846
Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For723
Agn1,212 Grady
2120 County Board of Education 5-14-68 For2,249
Agn717 Gwinnett 2003 Board of County Commissioners
4-10-68 For Part I4,315
For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For756
Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191
Agn547 Jefferson 3421 County Board of
Education 11-5-68 For3,029
Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559
Agn179 Jenkins 2965 County Board of Education 6-10-68 For448
Agn298 Macon 2663 Tax Commissioner
5-1-68 For189
Agn261 Miller 2529 County Board of Education 5-14-68 For667
Agn345 Paulding
2381 County Board of Education 7-3-68 For233
Agn19 Pierce 2761 County Board of Education 11-5-68
For812
Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205
Agn1,144 Sumter
2065 County Board of Education 5-21-68 For626
Agn483 Tift 2023 City of Tifton 4-3-68 For408
Agn310 Toombs 3424 County Board of Education 5-29-68 For65
Agn772 Walker 2152 City of Lookout
Mountain 5-9-68 For299
Agn252 Walker 2235 County Board of Education 5-9-68 For1,155
Agn887
Walton 2974 County Board of Education 6-18-68 For1,709
Agn265 Wayne 3361 County Board of Education
9-11-68 For1,140
Agn614 Whitfield 3065 City of Varnell 5-23-68 For41
Agn5 Wilkes 3462 Town
of Rayle 5-17-68 For43
Agn4
Page 5541
Georgia Laws, 1969 : County Page No. SUBJECT Date of Election Result Bartow 2929 City of
Cartersville 6-19-69 For180
Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits
For5892
Agn2086
Outside City Limits
For514
Agn295 Butts 2456 County Board of
Education 5-22-69 For422
Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of
Metter 5-6-69 For326
Agn86 Charlton 2665 County Board of Education 7-15-69 For143
Agn287
Chatham 2584 City of Garden City Election Results
Not Known Cherokee 2829 County Board of Education
6-17-69 Sec. 1
For1600
Agn718
Sec. 2
For624
Agn1657 Clarke 3028 County
Board of Education 7-15-69 For1722
Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773
Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071
Agn1265 Coweta 2784 City of Newnan
7-2-69 For113
Agn584 Crisp 3806 City of Cordele 6-18-69 For299
Agn245 DeKalb 2501 City of
Doraville 5-24-69 Tract No. 1
For15
Agn130
Tract No. 2
For40
Agn103
Effingham 3964 City of Guyton 6-4-69 For128
Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399
Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419
Agn1376 Fulton 4098 City of
Fairburn 7-28-69 Sec. 1Vickers Rd.
For3
Agn2
Sec. 2Bohannon Rd.
For8
Agn1
Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits :
For289
Agn127
Outside city
limits :
For22
Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139
Agn288 Hall 2346 City of
Murrayville 6-11-69 For81
Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512
Agn2064
Houston 3920 City of Warner Robins 10-14-69 City vote :
For2134
Agn694
County vote :
For38
Agn205 Houston 3927 City of Warner Robins Election Results
Not Known Jackson 2987 City
of Jefferson 7-21-69 For88
Agn171 Laurens 2270 City of Dublin 5-28-69 For121
Agn106 Lincoln
3352 County Treasurer 11-3-70 For601
Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707
Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus :
For12,379
Agn2,778
Muscogee County :
For12,508
Agn2,989 Pickens 3066 County School Superintendent
7-2-69 For52
Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282
Agn409 Putnam 3126 Tax
Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372
Agn328
Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283
Agn408 Putnam 3598 Board of County
Commissionerscompensation 6-12-69 For218
Agn470 Putnam 3900 Coronercompensation 6-12-69 For290
Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville :
For271
Agn82
Pulaski County :
For35
Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795
Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221
Agn175 Stewart 2264
County Board of Education 5-14-69 For91
Agn12 Telfair 3641 County Board of Education 8-26-69 For277
Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area :
For645
Agn578
Proposed Area :
For433
Agn499 Toombs 3241 City of Lyons 6-25-69 For3
Agn0
Toombs 3244 City of Lyons 6-25-69 For2
Agn34 Washington 2467 City of Sandersville Elections Results
Not Known Whitfield 2529 City of Cohutta 5-28-69 For84
Agn11 Walker 4014 City of Rossville 7-5-69
For118
Agn293
Page 5545
Georgia Laws, 1970 : County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of
Education 11-3-70 For2525
Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57
Agn51
Bryan 3191 City of Richmond Hill 5-26-70 For84
Agn154 Bulloch 2790 County Board of Education 6-10-70
For903
Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121
Agn120 Camden 3278 Tax
Commissioner 11-3-70 For648
Agn476 Carroll 2856 City of Temple Election Results
Not Known
Carroll 3362 Town of Bowdon 5-20-70 For49
Agn114 Charlton 3270 County Board of Education 5-19-70
For293
Agn307 Charlton 3274 County Commissioners 5-19-70 For272
Agn328 Chatham 2018 Town
of Thunderbolt 4-14-70 For306
Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339
Agn205 Clarke 2985 County School District Tax 11-3-70 For9185
Agn3707 Coffee 2441 County Board of
Education 4-30-70 For1469
Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285
Agn773
Colquitt 2582 County Board of Education 5-19-70 For1463
Agn595 Elbert 2321 County Treasurer 11-3-70
For1589
Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383
Agn1701 Emanuel
2153 County Board of Education 4-7-70 Proposal #11389
Proposal #2539
Proposal #3173 Gordon 2657
County Board of Education 9-9-70 For1798
Agn868 Habersham 3091 City of Cornelia 5-20-70 For166
Agn42 Habersham 3094 City of Cornelia 5-20-70 For121
Agn88 Houston 2965 County Board of Education
5-12-70 For1682
Agn1073 Jackson 3407 City of Commerce Election Results
Not Known Jackson
3415 City of Commerce Election Results
Not Known Lanier 2709 County Board of Education 11-3-70 For
election : 289
For Appointment : 240 Liberty 2053 City of Hinesville 3-26-70 For520
Agn402
Meriwether 3039 City of Woodbury 5-12-70 Inside City :
For83
Agn60
Outside City :
For3
Agn32 Mitchell 2239 County Board of Education 6-16-70 For482
Agn156 Mitchell 2632 County School
Superintendent 6-16-70 For287
Agn350 Monroe 3030 County Board of Education 11-3-70 For815
Agn503 Murray 2365 City of Chatsworth 5-9-70 For133
Agn260 Peach 2647 County Board of Education
6-10-70 For544
Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142
Agn140 Spalding
2651 City of Griffin 11-3-70 For2117
Agn1510 Stephens 2643 Board of County Commissioners 5-5-70
For822
Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136
Agn1466 Tattnall 2033
City of Glennville 3-24-70 For269
Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920
Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County
For11
Agn0
Harris
County
For15
Agn0
City West Point
For83
Agn3 Walton 2292 City of Social
Circle Election Results
Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County
Hospital Authority 11-3-70 For807
Agn1113 Washington 3104 County Board of Education 6-3-70 For439
Agn537
Page 5548
Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result
Berrien 3044 County Board of Education 5-19-71 For395
Agn219 Bibb 3926 County Board of Education 11-
2-71 * * County vote : For: 1,707 Agn: 2,369 City vote : For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess.
p.2136 supersedes,
this Act Bleckley 3995 City of Cochran 7-21-71 For115
Agn289 Brooks 2892
County Board of Education 6-9-71 For215
Agn526 Brooks 3278 City of Quitman 6-15-71 For82
Agn259 Burke 3328 City of Waynesboro 6-15-71 For74
Agn16 Butts 3762 County Board of Education
Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County
Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335
Agn1,427 Decatur 2649
County Board of Education 4-29-71 For766
Agn496 Decatur 2667 Small Claims Court of Decatur County 4-
29-71 For713
Agn547 Gilmer 3471 County Board of Education 6-16-71 For107
Agn90 Glynn 3550
City of Brunswick 6-15-71 For102
Agn266 Grady 2967 County School Superintendent 7-20-71 For625
Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1
Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1
Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6
Agn73 Harris 2804 City of Shiloh Not Held Heard
2029 County Commissioner 5-19-71 For675
Agn713 Houston 3580 City of Warner Robins 2-29-72 For694
Agn734 Jones 3396 County Board of Education 5-26-71 For656
Agn543 Lamar 2710 County Board of
Education, etc. 5-14-71 For999
Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits
For14
Agn72
Proposed City limits
For1
Agn14 Mitchell 2017 City of Pelham 4-21-71 For408
Agn26 Monroe 3071 County Commissioners 11-7-72 For540
Agn1,319 Monroe 3381 County
Commissioners 11-7-72 For572
Agn1,324 Murray 2120 County Board of Education Not Held Newton
2881 County Board of Education 6-16-71 For285
Agn137 Pierce 2492 Ordinary 11-7-72 For768
Agn540 Pierce 2496 Sheriff 11-7-72 For813
Agn477 Pierce 2888 County CommissionerChrm. 11-7-72
For683
Agn642 Pike 3686 City of Zebulon 6-19-71 For52
Agn23 Polk 3708 City of Rockmart 10-2-
71 For586
Agn254 Polk 3770 City of Aragon 6-2-71 For133
Agn85 Richmond 2123 Richmond
County/City Augusta 5-25-71 Richmond County
For5,834
Agn10,779
City of Augusta
For6,415
Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403
Agn1,855
Telfair 3448 Board of County Commissioners 7-20-71 For441
Agn700 Tift 2722 County Board of Education
6-9-71 For1,430
Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663
Agn273 Turner
2021 Personnel for Sheriff 4-27-71 For427
Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72
Sec. 1 :
For1,324
Agn931
Sec. 2 :
For1,456
Agn898 Wayne 2715 County Board of
Education 8-8-72 For403
Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399
Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441
Agn127 Haralson 2200 County Board of
Education 1-12-72 For284
Agn1,043
Page 5552
Georgia Laws 1972, January/February session : County Page No. SUBJECT Date of Election Result
Appling 2615 Small Claims Court Appling County 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election.
For1,309
Agn708 Baldwin 3325 County Board of Education 11-7-72 * * Inside Macon For Agn. City of
Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 For2,708
Agn2,010 Baldwin 3685
City of Milledgeville 6-28-72 Sec. 1, Area 1
For3
Agn10
Sec. 2, Area 2
For13
Agn65
Sec. 3, Area 3
For1
Agn50
Sec. 4, Area 4
For30
Agn78
Sect. 5,
Area 6
For35
Agn155
Sec. 6, Area 7
For16
Agn20 Bibb 2211 City of Macon-Bibb
County Government 5-17-72 * * County of Bibb For Agn. city of Macon-Bibb 9,578 12,101 Outside City
Limits 597 3,395 Payne 2 35 10,177 15,531 City of Macon
* Bibb County Brantley 3141 Board of
County Commissioners 8-8-72 * For1,387
Agn921 Brantley 3144 Salary increase for county officers 8-8-72 *
For940
Agn1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For1,262
Agn1,059 Brantley
3147 Certain county officers compensation 8-8-72 * For1,220
Agn983 Brantley 3148 Clerk Superior Court
Salary 8-8-72 * For841
Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results
not known
Camden 3138 Certain county officers salary 78-5-73 Demo .
For701
Agn1,109
Rep .
For0
Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo .
For679
Agn1,070
Rep .
For1
Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 * Demo .
For654
Agn1,114
Rep .
For0
Agn1 Camden 3717 County Board of Education 8-8-72 * Demo .
For683
Agn1,050
Rep .
For1
Agn0 Camden 3770 Small Claims Court of Camden County
8-8-72 * Demo .
For926
Agn801
Rep .
For1
Agn0 Chatham 3019 Savannah-
Chatham County government 4-10-73Not held * City of Savannah
Chatham County Chatham 3098
Savannah-Chatham County Board of Education 5-9-72 For20,074
Agn7,595 Chatham 3116 Savannah-
Chatham County Board of Education 5-9-72 For8,296
Agn19,097 Chattooga 2043 Abolish State Court
Chattooga County 8-8-72 * Demo .
For2,455
Agn2,274
Rep .
For2
Agn2 Decatur
3288 Board of County Commissioners 5-23-72 For668
Agn2,687 Dodge 2329 City of Eastman 4-27-72
For474
Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914
Agn858 Douglas 3997
County Board of Education 5-16-72 For400
Agn620 Elbert 2479 Board of County Commissioners 8-8-72 *
For1,583
Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For668
Agn3,138
Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499
Agn2,210 Floyd 3300 Abolish State
Court Floyd County 11-7-72 * For6,911
Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72
For551
Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989
Agn924 Habersham 2382
City of Demorest Election Results
Not Known Harris 3468 Board of County commissioners 8-8-72 *
For1,410
Agn616 Heard 2113 Board of county commissioners 5-3-72 For756
Agn732 Henry 2090
State Court of Henry County 4-19-72 For570
Agn1,943 Henry 2104 Board of County Commissioners 4-19-72
For407
Agn2,070 Houston 2399 County Board of Education 8-8-72 * For2,853
Agn6,462 Jeff Davis
2760 County Board of Education 8-8-72 * For829
Agn511 Laurens 4099 County Board of Education 8-8-72
* For3,185
Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 * For3,533
Agn1,995 Lowndes
2701 Tax Commissionercompensation 11-7-72 * For3,622
Agn1,885 Lowndes 2706 Clerk Superior
Courtcompensation 11-7-72 * For3,463
Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305
Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien
For86
Agn62
Dist. No. 271
For7
Agn73
Total :
For93
Agn135 McIntosh 2852 City of Darien 11-7-72 * Not Held
Macon 2322 Board of county commissioners 4-26-72 For608
Agn882 Madison 2547 County Board of
Education 11-7-72 * For1,060
Agn1,785 Madison 2972 Appt. of county school superintendent 11-7-72 *
For921
Agn2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For688
Agn2,648 Peach
3910 City of Fort Valley 6-14-72 For440
Agn1,351 Pike 3003 County Board of Education 5-16-72 For402
Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399
Agn939 Putnam 2678 County
Board of Education 8-8-72 * For1,262
Agn831 Putnam 3833 City of Eatonton 6-13-72 For118
Agn28
Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452
Agn121 Telfair 4102 County Board
of Education 6-20-72 For564
Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72
For1,885
Agn3,278 Tift 2908 City of Tifton 5-3-72 For247
Agn498 Treutlen 2340 County Board of
Education 5-9-72 For688
Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715
Agn221 Walker 2647 County Board of Education 11-7-72 * For6,373
Agn2,129 Walton 3006 City of
Social Circle 5-31-72 For51
Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114
Agn159
Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177
Agn1,042 Wilkinson 3312 Appt. of
County School Superintendent 11-7-72 * For348
Agn901 Wilkinson 333 County Board of Education 11-7-72
* For654
Agn608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.
Page 5558
Georgia Laws 1973, January/February session : County Page No. SUBJECT Election Date of Result
Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13,
1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error,
and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office
of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes45
No588
Brantley 3631 City of Nahunta Election Results
Not known Chatham 2268 Savannah-Chatham County
government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham
County
For3,157
Agn6,666
City of Savannah
For12,039
Agn4,090 Chatham 3693
City Savannah Beach 6-2-73 Yes21
No29 Clarke 2356 City of Athens 5-31-73 For1,818
Agn1,591
Clarke 2367 City of Athens 5-31-73 For2,430
Agn1,057 Clarke 2387 City of Athens 5-31-73 For648
Agn682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809
No1,125 Clarke 3374 Clarke County
Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes412
No52
Cook 2300 Cook County Commissioners 5-22-73 For758
Agn735 Greene 3853 Greene County Board of
Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326
Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes37
No191 Marion 3827 County School
Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State
Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below #
Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225
No256 Pulaski 2573 Pulaski
County Board of Education 5-15-73 Yes808
No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97
No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322
No228
Page 5560
Georgia Laws 1974, January/February session : County Page No. SUBJECT Date of Election Result Banks
3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. ***Common Day of Rest Act
results tabulated infra. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-
5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-
14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll
2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883
Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County
Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes:
18,039
No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish
office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton
2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes:
9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town
of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1.
Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote
(3 elections held on same
date) Yes: 4833 No: 2928
County Vote
Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty.
Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5
types of government for the County 4-9-74 Ques. 1 122 votes
Ques. 2 396 votes ** ** Effective Question is No.
2.
Ques. 3 108 votes
Ques. 4 98 votes
Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74
Inside City
Yes: 57 No: 33
Outside City
Yes: 13 No: 43 Upson 2023 County Board of Education
created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274
All counties 186 The Common Day of Rest Act 11-5-74 # Yes: [Illegible Text] No: 363,947
Page 5562
GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 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. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.
Page 5565
Georgia Laws, 1975, January/February Session : County Page No. SUBJECT Date of Election Result
Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-
17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525
Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School
Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11-4-75 For: 10,601
Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402
Proposition No. 2 713
Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-
75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962
County Board of Education 5-4-76 * * Date of Presidential Preference Primary 5-4-76. Municipality Yes No
Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler
166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 Yes:
3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087
Hospital Authority 8-10-76 # # Date of General Primay 8-10-76 Yes: 2,155 No: 527 DeKalb 2752 County Board of
Education Districts-terms 5-4-76 * For: 29,643 Agn: 41,355 Dodge 3031 County Board of Education elected 11-4-
75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739
Gordon 2719 Create Board of Commissioners for County 7-8-75 For: 1,500 Agn: 972 Greene 4270 County Board of
Education 5-4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890
** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education
Superintendent 7-8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard
4433 Board of County Commissioners 7-9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment
7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding
2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-
27-75 Inside Town
For: 17 Agn: 5
Outside Town
For: 20 Agn: 31 Spalding 4352 Board of
County Commissioners 11-4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For:
209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of
Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531
Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School
Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 *
(This election act was on a population basis and affects only Chatham County)
1975 Extra Session Acts
Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of
municipality and affects only City of Newnan, Coweta County)
Page 5567
Georgia Laws, 1976, January/February Session : County Page No. SUBJECT Date of Election Result
Bacon 2713 Co. Brd. of Education and Co. School Superintendent. 5-4-76 * * Date of Presidential Primary Election
(May 4, 1976) Proposal No. 1 389
Proposal No. 2 131
Proposal No. 3 568 Baldwin 3278 City of
Milledgevillecharter amendment 5-4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment
#1 5-4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090
City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4-
76 * City Vote
Yes: 8,149 No: 11,522
County vote
Yes: 8,825 No: 16,209 Bryan 3288 City of
Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11-2-76 ** **
Date of November 2, 1976 General Election Not Held Carroll 4479 Co. Brd. of Education and Co. School
Superintendent 11-2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5-4-76 *
Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder
Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5-4-76 * For:
52,761
Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5-4-76 * Yes: 1,984 No:
1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5-4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co.
Brd. of Educationcompensation members 5-4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of
Educationcreated 5-4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5-4-76 *
Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision
of Federal Court. 5-4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5-4-76 * Yes: 114 No: 527
Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5-4-76 * Yes: 678 No: 917 Newton 3402
Board of County Commissionersdistricts 5-4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educat [Illegible
Text] election districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superin[Illegible Text]ntappointed 11-
2-76 ** Yes: 1259 No: 1863 Richmond 4297 Augusta-Richmond County unified government 5-4-76 * Yes: 11,027
No: 13,417 Proposition #1 Question #1 15,801
Question #2 6,005 Proposition #2 Question #1 9,404
Question #2 10,302 Ware 2811 County Manager 5-4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co.
Commissionersmultimember board 11-2-76 ** Yes: 802 No: 352
Page 5569
Georgia Laws, 1977, January/February Session : County Page No. SUBJECT Date of Election Result Baker 2603 County Board of Educationvacancies 11-7-78 * * Date of November 7, 1978 General Election. Yes: 151
No: 95 Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5-9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11-7-78 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1618 No: 744 Schley 2952 County Commissionersterms staggered 11-7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11-7-78 * Yes: 167 No: 58 Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1158 Towns 3974 County Board of Education and County School Superintendent 2-2-78 Yes: 1014: No: 1384 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
Page 5570
Referendum Election Results: Acts of the 1978 Session of the General Assembly County Page No. SUBJECT
Date of Election Result Bryan 3774 Board of Education 5-2-78 Yes: 739 No: 259 Butts 3368 Board of
Education 11-7-78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Alcoholic beverages on
Sunday 8-8-78 ** ** Date of General Primary 1978
Chatham County (Unincorporated area) Yes: 2,022 No:
1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50
Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg
Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166
Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091
Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education
11-7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4-4-78 Yes: 2,449 No: 2,308 Clarke 4573
Use of School Tax in Clarke County 11-7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11-7-78 *
Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education
11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217
Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131
Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 861 No: 300 Rabun 3430 Board of Education 11-7-
78 * Yes: 453 No: 692 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No 167 Telfair 3445 School Board and
Superintendent 11-7-78 * #1 386
#2 231
#3 323 Thomas 3746 Tax Commissioner 11-7-78 * Yes:
2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752
Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No. 797 Twiggs 3408 County Commissioners 8-8-78 **
Yes: 1,067 No: 805 Whitfield 3365 City of Varnell Not Held (Civil Action File No. 18,462) This is a
summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the
page number, indicated in the second column, will enable the reader to refer to the Act which called for the referendum.
Page 5572
Referendum Election Results: Acts of the 1979 Session of the General Assembly County Page No. SUBJECT
Date of Election Result Carroll 4245 City of Sand HillCity Charter 6-12-79 Yes: 102 No: 193 Glynn 3467
Education Districts 12-11-79 Yes: 2490 No: 977 Montgomery 3151 Board of Education 6-5-79 Question #1
Proposal #1 320
Proposal #2 205
Proposal #3 92
Question #2
Proposal #1 881
Proposal
#2 860
Proposal #3 1015 Stephens 3047 Terms of Boards of Commissioners 4-24-79 Yes: 921 No: 329
Telfair 3539 School Districts 7-31-79 Yes: 858 No: 615 This is a summary of the results of referendum elections
which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will
enable the reader to determine the results of the individual referendum elections.
Page 5573
Referendum Election Results: Acts of the 1980 Session of the General Assembly County Page No. SUBJECT Date of Election Result Baldwin 3043 Board of Commissioners 5-13-80 Yes: 714 No: 1,194 Ben Hill 3954 Tax Commissioner 5-28-80 Yes: 614 No: 398 Chatham (City of Thunderbolt) 3653 Corporate Limits of City of Thumderbolt 5-27-80 Thunderbilt Proposition #1 Yes: 152 No: 140 Proposition #2 Yes: 109 No: 177
Macceo Island Proposition #1 Yes: 58 No: 5 Proposition #2
Bonna Bella Proposition #1
Proposition
#2 Yes: 62 No: 21 Cherokee 3275 Board of Education 8-12-80 Yes: 814 No: 435 Coffee 1795 Election of School
Supt. Not Held Columbia 3707 Board of Commissioners 5-7-80 Yes: 1,920 No: 1,103 Decatur 3272 Board of
Ed. residency requirements 11-4-80 Yes: 2,267 No: 899 DeKalb 3996 Type of Government for Dekalb Co. 8-5-80
Type 1: 38,094
Type 2: 23,553 Douglas 4120 Board of Education 11-4-80 Yes: 3,424 No: 7,389 Effingham
3542 Board of Education 8-12-80 Yes: 430 No: 92 Gordon 3720 Board of Education Not Held Henry 3009
County Commissioners 3-11-80 Yes: 2,252 No: 1,500 Irwin 3030 Office of Tax Commissioner 4-8-80 Yes: 834 No:
119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor
Council (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143
Mitchell (City of Pelham) 3914 Elections etc. 6-3-80 Yes: 254 No: 392 Oconee 3757 Bd. of County Commissioners
5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School
Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122
Corporate Limits (City of Cohutta) 5-17-80 Yes: 10 No: 0
Page 5574
Referendum Election Results: Acts of the 1981 Session of the General Assembly County Page No. SUBJECT
Date of Election Results Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982
General Primary Election Chatham (City of Tybee Island) 4914 Change the corporate limits of said city 6-25-81
Corporate limits
Yes: 222 No: 60
Unincorporated area
Yes: 18 No: 102 Clarke 3065 Consolidate
Govt. for City of Athens and Clarke Co. 2-16-82 Yes: 2388 No: 2883 County
Yes: 2611 No: 2120 City Coffee
3626 Election of School Superintendent 6-2-81 Yes: 1329 No: 1424 DeKalb 4304 Establishing form of Government
* Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1393 No: 185 Gordon 3269 Abolish Bd.
of Comm. and recreate office of County Commissioner 8-4-81 Yes: 1319 No: 1664 Gordon 3586 Provide election
term of School Supt. 8-4-81 Yes: 1527 No: 778 Miller 4713 Change method of elect. mbrs. of Bd. of Ed. 8-4-81 Yes:
710 No: 182 Richmond 3677 Biennial ele. for members of Bd. of Ed. 11-3-81 Yes: 7352 No: 1526
Page 5576
For any information regarding these ACTS and RESOLUIONs please contact: DAVID B. POYTHERESS Secretary of State